The Review of Litigation

The Review of Litigation is a magazine focusing on Law

Articles from Vol. 20, No. 2, Spring

Amateur Guitar Player's Lament II: A Critique of A&M Records, Inc. V. Napster, Inc., and a Clarion Call for Copyright Harmony in Cyberspace
I. Introduction As a third-year law student at the University of Texas at Austin, I wrote an article in the spring of 1998 calling for the record industry and music publishers to formulate a standard for fee-based delivery of digital music.' I acknowledged...
Directors' and Officers' Liability Insurance: Probable Directions in Texas Law
Introduction Directors and officers of business corporations1 and other entities, including universities,2 churches,3 and foundations,4 can be liable for financial injuries they cause while working as directors or officers. They may be sued by: (1) the...
Going Back in Time: How the Kansas Board of Education's Removal of Evolution from the State Curriculum Violates the First Amendment's Establishment Clause
I. Introduction "Whilst we assert for ourselves a freedom to embrace, to profess, and to observe the Religion which we believe to be of divine origin, we cannot deny an equal freedom to those whose minds have not yielded to the evidence which has convinced...
Recognizing Party and Nonparty Interests in Written Civil Procedure Laws
I. Introduction Since their inception on September 16, 1938, the Federal Rules of Civil Procedure have largely directed civil litigation procedures in American trial courts, particularly in the federal district courts. The organization of the rules chiefly...
Reviewing the Review: Twenty Years Dedicated to the Practicing Litigator, Part II: The Review at Age 20
Part II: The Review at Age 20 This Essay is the second installment of a three-part series celebrating twenty years of publication for The Review of Litigation. The final installment will be featured in the Summer 2001 issue of The Review. A typical day...
The Forgotten Foundation of State-Created Danger Claims
State-created danger is a theory of recovery for civil rights violations under 42 U.S.C. Sec 1983.1 The theory of recovery is used against state actors, such as police, when the actor indirectly harms people by creating a danger that ultimately injures...
The Role of Appellate Courts in Domestic Violence Cases and the Prospect of a New Partner Abuse Cause of Action
I. Introduction Divorce or separation provide escape from tortious abuse but can hardly be equated with a civil right to redress and compensation for personal injuries. Equally arcane and unworthy is the notion that a wronged spouse [or partner], who...
The Use of Legal Malpractice Claims as Security under the UCC Revised Article 9
I. Introduction Suppose Superman is in hock up to his ears.1 As Clark Kent, Superman earns a meager salary reporting the news,2 but it is not nearly enough to get by on, considering that his lifestyle includes an ongoing relationship with Lois Lane,3...
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