The Review of Litigation

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Conflict of laws is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction. This body of law deals with three broad topics: jurisdiction, rules regarding when it is appropriate for a court to hear such a case; foreign judgments, dealing with the rules by which a court in one jurisdiction mandates compliance with a ruling of a court in another jurisdiction; and choice of law, which addresses the question of which substantive laws will be applied in such a case. These issues can arise in any private-law context, but they are especially prevalent in contract law and tort law.

A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract.

A lawsuit is a proceeding by one or more parties against one or more parties in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used with respect to a civil action brought by a plaintiff who requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint or else risk default judgment. If the plaintiff is successful, judgment is entered in favor of the defendant. A variety of court orders may be issued in connection with or as part of the judgment to enforce a right, award damages or restitution, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes.

<span class="mw-page-title-main">Kenneth Feinberg</span> American lawyer

Kenneth Roy Feinberg is an American attorney specializing in mediation and alternative dispute resolution. He served as the Chief of Staff to Senator Ted Kennedy, Special Master of the U.S. government's September 11th Victim Compensation Fund and the Special Master for TARP Executive Compensation. Additionally, Feinberg served as the government-appointed administrator of the BP Deepwater Horizon Disaster Victim Compensation Fund. Feinberg was also appointed by the Commonwealth of Massachusetts to administer the One Fund—the victim assistance fund established in the wake of the 2013 Boston Marathon bombings. Feinberg was also retained by General Motors to assist in their recall response and by Volkswagen to oversee their U.S. compensation of VW diesel owners affected by the Volkswagen emissions scandal. Feinberg was hired by The Boeing Company in July 2019, to oversee distribution of $50 million to support 737 MAX crash victim families. Feinberg is also an adjunct professor at the Columbia University School of Law, University of Pennsylvania Law School, Georgetown University Law Center, New York University School of Law, the University of Virginia School of Law and at the Benjamin N. Cardozo School of Law.

In its broadest sense, no-fault insurance is any type of insurance contract under which the insured party is indemnified by their own insurance company for losses, regardless of the source of the cause of loss. In this sense, it is similar to first-party coverage. The term "no-fault" is most commonly used in the United States, Australia, and Canada when referring to state or provincial automobile insurance laws where a policyholder and their passengers are reimbursed by the policyholder's own insurance company without proof of fault, and are restricted in their right to seek recovery through the civil-justice system for losses caused by other parties. No-fault insurance has the goal of lowering premium costs by avoiding expensive litigation over the causes of the collision, while providing quick payments for injuries or loss of property.

<i>Michigan Law Review</i> Academic journal

The Michigan Law Review is an American law review and the flagship law journal of the University of Michigan Law School.

<span class="mw-page-title-main">Lester Brickman</span>

Lester Brickman is an emeritus professor at the Benjamin N. Cardozo School of Law of the Yeshiva University and a legal scholar. He is one of the founding faculty members of the Cardozo, recruited by Yeshiva University in 1976 from the University of Toledo College of Law. On May 31, 2016, Professor Brickman received the Monrad Paulsen Award of the Cardozo School, upon his retirement from teaching. He taught contracts, legal ethics and Land Use and Zoning at the Cardozo School of Law. He is the author of a book, Lawyer Barons: What Their Contingency Fees Really Cost America, a detailed critique of perceived abuses and excessive costs of the American tort system, with proposals for reform. Brickman is a graduate of Carnegie Mellon University. He holds a juris doctor degree from the University of Florida and an LLM degree from Yale Law School.

Alternative dispute resolution (ADR), or external dispute resolution (EDR), typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. They are used for disagreeing parties who cannot come to an agreement short of litigation. However, ADR is also increasingly being adopted as a tool to help settle disputes within the court system.

<span class="mw-page-title-main">University of Missouri School of Law</span>

The University of Missouri School of Law is the law school of the University of Missouri. It is located on the university's main campus in Columbia, forty minutes from the Missouri State Capitol in Jefferson City. The school was founded in 1872 by the Curators of the University of Missouri. Its alumni include governors, legislators, judges, attorneys general, and law professors across the country. According to Mizzou Law's 2016 ABA-required disclosures, 82 percent of the 2016 class obtained full-time, long-term, JD-required employment nine months after graduation.

<i>Bragg v. Linden Research, Inc.</i> 2007 United States civil action

Bragg v. Linden Research, Inc., 487 F. Supp. 2d 593, was a ruling at the United States District Court for the Eastern District of Pennsylvania. The case resulted in an important early ruling on the enforceability of an online End User License Agreement (EULA) under American contract law, though it did not ultimately gain influence as a precedent. The ruling also clarified the matter of personal jurisdiction for a dispute involving a user of a website that originates in a different region.

The Tort Trial & Insurance Practice Section (TIPS) is a 30,000-member section of the American Bar Association. It is a forum uniting plaintiff, defense, insurance and corporate counsel to advance the civil justice system. The section is broken down into general committees, standing committees and task forces.

The City University of Hong Kong Law Review is a student-edited and peer-reviewed law journal published by the School of Law of the City University of Hong Kong. It was established in October 2009. The journal features articles, notes, book reviews, and recent legal developments in Hong Kong as well as mainland China. The journal is published bi-annually and is available on HeinOnline and Westlaw.

Hastings International and Comparative Law Review (HICLR) is one of the oldest international law journals in the United States, and was established in 1976. It is published by law students through the O'Brien Center for Scholarly Publication, the publishing foundation for UC Hastings. HICLR publishes articles on the topics of international, comparative, and foreign law. It also publishes student-written work on recent developments in international law. The current Editor-in-Chief is Jacklin Lee.

<i>The Urban Lawyer</i> Academic journal

The Urban Lawyer is a quarterly peer-reviewed law journal and the official publication of the American Bar Association's (ABA) Section of State and Local Government Law. Published in cooperation with the University of Missouri–Kansas City School of Law, The Urban Lawyer has the largest circulation of any government law journal in the world.

The Journal of Environmental Law and Litigation is a student-run law review published at University of Oregon School of Law. The journal publishes articles and essays about environmental law, natural resources law, and litigation relating to these fields.

The Columbia Journal of Environmental Law is a student-run law review published at Columbia University's School of Law. The journal primarily publishes articles, notes, and book reviews discussing environmental law and policy and related subjects.

The New York University Environmental Law Journal is a student-run law review published at the New York University School of Law. The journal primarily publishes articles and notes that discuss topics involving environmental law, land-use law, and other related disciplines.

The Notre Dame Law Review is a law review published by an organization of students at the University of Notre Dame Law School in Indiana.

<span class="mw-page-title-main">Strategic litigation</span> Litigation intended to change society

Strategic litigation, also known as impact litigation, is the practice of bringing lawsuits intended to effect societal change. Impact litigation cases may be class action lawsuits or individual claims with broader significance, and may rely on statutory law arguments or on constitutional claims. Such litigation has been widely and successfully used to influence public policy, especially by left-leaning groups, and often attracts significant media attention. One prominent instance of this practice is Brown v. Board of Education.

The University of Chicago Legal Forum is a student-edited journal published by the University of Chicago Law School. It focuses on a single, highly relevant, legal issue every year, presenting an authoritative and timely approach to a particular topic. To facilitate discussion, the Legal Forum hosts a symposium each fall and the participants contribute articles for the volume.

References

  1. Shur, Ronald (1980). "Editor's Preface". Review of Litigation. 1 (1): vi via HeinOnline.
  2. 1 2 3 "The Review". Review of Litigation. Retrieved 2022-05-21.
  3. "The 1998 Mass Tort Symposium: Legal Ethical Issues at the Cutting Edge of Substantive and Procedural Law". Review of Litigation. 17 (3): 419–550. 1998 via HeinOnline.
  4. "Conflicts of Interest Symposium: Ethics, Law and Remedies". Review of Litigation. 16 (3): 491–745. 1997 via HeinOnline.
  5. "W&L Law Journal Rankings". managementtools4.wlu.edu. Retrieved 2022-05-21.
  6. Goodyear Dunlop Tires Operations, S.A. v. Brown , 131 S.Ct. 2846, 2855 (2011) citing Dayton, A. Kimberley (1987). "Personal Jurisdiction and the Stream of Commerce". Review of Litigation. 7 (3): 239–278.