The Review of Litigation

219 total articles

The Review of Litigation is a magazine focusing on Law

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Wide Scope of Liability for Intentional Tortfeasors: A Doctrinal Rationale Applied to Alien Tort Statute Defendants

Jul 01, 2008; Johnson, Aaron M ... I. Introduction "Scope of liability" is the term used by the Draft of the Restatement (Third) of Torts for the subject traditionally known, among other names, as the tort element of proximate cause, which consists of limitations on liability even when the other tort elements have been ...

When the Bell Can't Be Unrung: Document Leaks and Protective Orders in Mass Tort Litigation

Jul 01, 2008; Childs, William G ... Protective orders are commonplace in civil litigation, with trade secrets, privileged communications, and the like protected from public disclosure. In most cases, the protective orders are individualized and discrete, with each document evaluated separately. In mass torts, protective ...

An Empirical Study of Amici Curiae in Federal Court: A Fine Balance of Access, Efficiency, and Adversarialism

Jul 01, 2008; Simard, Linda Sandstrom ... I. INTRODUCTION It has long been accepted procedure for courts to allow interested non-parties such as amici curiae to influence judicial decisionmaking by offering legal and factual insights that are relevant to the issues in a case but are not found in the trial or appellate record ...

The Need and Means to Restrict Spectators From Wearing Buttons at Criminal Trials

Jul 01, 2008; Kitner, Scott ... I. INTRODUCTION In recent years, spectators have begun to wear buttons during criminal trials. These buttons usually display the image of the crime victim.1 Victims' rights supporters argue that such a practice merely supports the memory of the victim.2 Advocates of the criminally ...

Voices of the Victims: Capital Punishment and A Declaration of Life

Jul 01, 2008; Peterson, William R ... It's late Saturday night. Another execution is scheduled for next week, and the machinery of death is humming through my fax. And, despite the qualms, despite the queasiness I still feel every time an execution is carried out in my jurisdiction, I tinker away. I do it because I have taken an ...

The Pharmacist's Duty to Warn in Texas Reconsidered Within a National Framework*

Jul 01, 2008; Myhra, Alison G ... I. INTRODUCTION: PHARMACY'S CONTEMPORARY PRACTICE PARADIGM AND THE COURTS Within the time span of the last twenty years, more or less, the practice of pharmacy has changed in dramatic ways. While at one time pharmacists were exclusively drug-oriented and focused on accurately filling ...