The Review of Litigation

The Review of Litigation is a magazine focusing on Law

Articles from Vol. 26, No. 2, Spring

A Divided Duty: The EPA's Dilemma under the Endangered Species Act and Clean Water Act concerning the National Pollutant Discharge Elimination System
I. INTRODUCTIONThe Endangered Species Act1 ("ESA") and the Clean Water Act2 ("CWA") are two of the most significant and prominent environmental statutes ever enacted by Congress. Although both statutes concentrate on protecting the environment, they...
Amended Federal Rule of Evidence 408: Trapping the Unwary
I. INTRODUCTIONThis Article presents the results of an empirical study of lawyer reaction to Federal Rule of Evidence 408 (Compromise and Offers of Compromise) as amended on December 1, 2006.1 Rule 408 generally excludes civil settlement evidence-offers...
Circumventing the Competition: The Reverse Engineering Exemption in DMCA § 1201
I. INTRODUCTIONIn January of 1997, Blizzard Entertainment, Inc. ("Blizzard") launched a twenty-four hour, online service that permitted purchasers of select game CDs to join multiplayer tournaments through its website, Battle.net.1 By 2004, Battle.net...
Federal Circuit Antitrust Law and the Legislative History of the Federal Courts Improvement Act of 1982
I. controversy over federal circuit's choice-of-law rulesThe Federal Circuit's decision to apply its own substantive law to elements of antitrust claims has engendered considerable debate among those concerned with the interplay between intellectual...
How Restitution and Unjust Enrichment Can Improve Your Corporate Claim
I. INTRODUCTION: THE EXAGGERATED DEMISE OF UNJUST ENRICHMENTRestitution is becoming a lost art, observes Professor KuIl: "Confusion over the content of restitution carries significant adverse consequences. To put it bluntly, American lawyers today (fudges...
Revolving Trapdoors: Preserving Sufficiency Review of the Civil Jury after Unitherm and Amended Rule 50
It is already a monstrous uphill climb to win appellate review of judgments entered on civil jury verdicts in the federal courts. Jury findings of fact have their own strict protection from judicial review, and that deference carries over to the appellate...
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