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Litigation Journal | Winter 2022: Tribunals

Volume 48, Issue 2


Sua Sponte

Joseph A Greenaway Jr.

A judge argues that lawyers need to use briefs to persuade the court that an oral argument is necessary.

Feb 09, 2022 4 min read


How U.K. Employment Protection Law Affects U.S. Companies

Fahim Rahman

Transfer of Undertakings (Protection of Employment), is United Kingdom–derived legislation that has a fascinating effect on U.S.-headquartered, global companies’ legal, human resources, and business…

Feb 09, 2022 4 min read


Kenneth R Berman

When judges decree an exception to a statute, critics call it judicial activism. Others argue that, when laws lead to harsh or unfair outcomes, seemingly unintended, courts should use their inherent…

Feb 09, 2022 10 min read

Use and Abuse

Robert E Shapiro

The law, litigation, and lawyering seem to have become an industry all its own, with all the warts, including those where financial and career success, rather than doing justice or even law, are some…

Feb 09, 2022 9 min read


The Objectionable Client

Bruce A Green

Suppose your law firm assigns you, a junior lawyer, to work on election litigation for a particular candidate or political party, even though you supported or even campaigned for the other side.

Feb 09, 2022 3 min read

Reversal of Roles on Access to Courts

Daniel Small

Although the United States has historically been a strong proponent of open courts, we cannot allow current challenges to move us toward secrecy while other countries are struggling toward openness.

Feb 09, 2022 4 min read