The Review of Litigation

The Review of Litigation is a magazine focusing on Law

Articles from Vol. 29, No. 2, Winter

Completing Caperton and Clarifying Common Sense through Using the Right Standard for Constitutional Judicial Recusal
I. INTRODUCTIONIn Caperton v. A.T. Massey Coal Co.,1 the U.S. Supreme Court vacated a state supreme court decision in which a justice who had received $3 million in campaign support from a litigant cast the deciding vote to relieve the litigant of a...
Contractual Waiver of the Right to Remove to Federal Court: How Policy Judgments Guide Contract Interpretation
I. INTRODUCTIONFederal statutes allow a state court defendant to remove many kinds of cases to federal court. A party may waive the right to remove, either by a procedural default during litigation, or by contractually waiving the right before litigation...
Hall Street, Judicial Review of Arbitral Awards, and Federal Preemption
I. INTRODUCTIONThe United States Supreme Court's 2008 decision in Hall Street Associates, L.L.C, v. Mattel, Inc., in resolving a direct conflict amongst the circuits, holds that where the judicial review provisions of the Federal Arbitration Act ("FAA")...
No Shelter from the Storm: Dangers from the Fair Debt Collection Practices Act to Mortgage Industry Attorneys and a Call for Legislative Action
I. INTRODUCTIONAs the year 2009 nears its end, the international community is continuing to realize the devastating effects of what began as a subprime mortgage crisis that has developed into a worldwide financial crisis of historic proportions. Attorneys...
Not Worth the Paper It's Printed On: EMTALA Should Be Repealed and Replaced with a Federal Malpractice Statute
I. INTRODUCTIONImagine you are sixteen weeks pregnant, experiencing severe abdominal pain. The hospital's triage nurse tells you that you are not an emergent patient and thus will likely wait for up to two hours before you see a physician. While waiting,...
The Foreign Corrupt Practices Act: A Decade of Rapid Expansion Explained, Defended, and Justified*
I. INTRODUCTIONForeign bribery has long been a concern of peoples and countries. The United States finally made a public declaration against foreign bribery in 1977 with Congress' enactment of the Foreign Corrupt Practices Act ("FCPA"). Despite this...
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