The Review of Litigation

The Review of Litigation is a magazine focusing on Law

Articles from Vol. 22, No. 2, Spring

Culture Clash? the Miller & Modigliani Propositions Meet the United States Court of Federal Claims
I. INTRODUCTIONOften it is said that there is a divide between the practice of law and the concerns of legal academics.1 This sentiment may apply with equal force to the business of banking and the pursuits of scholars of financial institutions.2 Such...
Dealing with Draft Dodgers: Automatic Production of Drafts of Expert Witness Reports
I. INTRODUCTIONAs defense counsel in a slip-and-fall case, you are deposing the plaintiff's key expert witness, his physician. You are suspicious of the doctor's testimony from the start, because what began fifteen months ago as complaints of shoulder...
Defeating Class Certification in Securities Fraud Actions
I. INTRODUCTIONA court may certify a class action under Federal Rule of Civil Procedure 23(b)(3) only if it is satisfied, "after a rigorous analysis,"1 that the plaintiffs have met the Rule 23(a) requirements of numerosity, commonality, typicality, and...
Determining Ownership in Virtual Worlds: Copyright and License Agreements
I. INTRODUCTIONClive steps out onto the wooden deck of his modest two-story stone cottage on the outskirts of the city.1 It is a sunny August afternoon and his gardens are still wonderfully in bloom. Next to a quiet stream meandering through the back...
"I See the Sword of Damocles Is Hanging above Your Head!" Domestic Venue Asset Protection Trusts, Credit Due Judgments, and Conflict of Law Disputes
Between the ideaAnd the realityBetween the motionAnd the actFalls the shadow.-T.S. Eliot1I. INTRODUCTION: THE POINT OF DEPARTUREThis Note examines domestic venue asset protection trusts in light of the credence (or lack thereof) given to judgments and...
Racial Discrimination in Jury Selection: Professional Misconduct, Not Legitimate Advocacy
I. INTRODUCTIONAlthough many regard the duty and privilege of participating in our judicial process through jury service with about as much warmth and respect as they view telemarketing calls at suppertime,1 it is nevertheless an opportunity that must...
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