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Articles 1 - 15 of 15
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Why Indiana Harbor Is The Worst Torts Decision In American History, Carl T. Bogus
Why Indiana Harbor Is The Worst Torts Decision In American History, Carl T. Bogus
Law Faculty Scholarship
No abstract provided.
Anti-Slapp Coverage And The First Amendment: Hurdles To Defamation Suits In Political Campaigns, David L. Hudson Jr.
Anti-Slapp Coverage And The First Amendment: Hurdles To Defamation Suits In Political Campaigns, David L. Hudson Jr.
Law Faculty Scholarship
Defamation cases often arise out of intemperate or offensive statements made in political campaigns. These comments may refer to a candidate’s criminal history, familial conduct, or other matters. Whatever the subject, emotions undoubtedly run high during hotly contested campaigns. However, First Amendment protection is at its zenith when speakers engage in political speech, and speech about political candidates is inherently political speech. Thus, defamation suits arising out of political campaigns face significant hurdles, including (1) anti-SLAPP statutes and a greater public awareness of SLAPP suits; (2) a history and tradition of mudslinging and enhanced protection of political speech during political …
Rescuing Our Democracy By Rethinking New York Times Co. V. Sullivan, David A. Logan
Rescuing Our Democracy By Rethinking New York Times Co. V. Sullivan, David A. Logan
Law Faculty Scholarship
No abstract provided.
Curbing Remedies For Official Wrongs: The Need For Bivens Suits In National Security Cases, Peter Margulies
Curbing Remedies For Official Wrongs: The Need For Bivens Suits In National Security Cases, Peter Margulies
Law Faculty Scholarship
No abstract provided.
United States Supreme Court Surveys: 2016 Term. Still Standing After All These Years: Five Decades Of Litigation Under The Fair Housing Act And The Supreme Court Still Can't Say For Sure Who Is Protected, David A. Logan
Law Faculty Scholarship
No abstract provided.
Juries, Judges, And The Politics Of Tort Reform, David Logan
Juries, Judges, And The Politics Of Tort Reform, David Logan
Law Faculty Scholarship
No abstract provided.
Food For Thought: Genetically Modified Seeds As De Facto Standard Essential Patents, Benjamin M. Cole, Brent J. Horton, Ryan G. Vacca
Food For Thought: Genetically Modified Seeds As De Facto Standard Essential Patents, Benjamin M. Cole, Brent J. Horton, Ryan G. Vacca
Law Faculty Scholarship
For several years, courts have been improperly calculating damages in cases involving the unlicensed use of genetically-modified (GM) seed technology. In particular, when courts determine patent damages based on the hypothetical negotiation method, they err in exaggerating these damages to a point where no rational negotiator would agree. In response, we propose a limited affirmative defense of an implied license due to the patent’s status as a de facto standard essential patent. To be classified as a de facto standard essential patent, the farmer must prove three elements that reflect the peculiarities of GM seeds used in farming: (1) dominance, …
When The Restatement Is Not A Restatement: The Curious Case Of The "Flagrant Trespasser", David Logan
When The Restatement Is Not A Restatement: The Curious Case Of The "Flagrant Trespasser", David Logan
Law Faculty Scholarship
No abstract provided.
Introduction: Genuine Tort Reform, Carl Bogus
Introduction: Genuine Tort Reform, Carl Bogus
Law Faculty Scholarship
No abstract provided.
Who Knew? Admissibility Of Subsequent Remedial Measures When Defendants Are Without Knowledge Of The Injuries, Mark G. Boyko, Ryan G. Vacca
Who Knew? Admissibility Of Subsequent Remedial Measures When Defendants Are Without Knowledge Of The Injuries, Mark G. Boyko, Ryan G. Vacca
Law Faculty Scholarship
Federal Rule of Evidence 407 prohibits the introduction of subsequent remedial measures for the purposes of demonstrating negligence, culpable conduct, or product defect. But the rule breaks down, in application and purpose, when a defendant undertakes the new safety measure after the plaintiff's injury, but before the defendant had knowledge of the loss. Such a situation is not uncommon. Would-be defendants frequently improve their products and product safety for a variety of reasons. Toxic exposure cases, where exposure often predates diagnosis of the injury by a decade or more, represent a prime example of cases where defendants are likely to …
Comparison To Criminal Sanctions In The Constitutional Review Of Punitive Damages, Colleen P. Murphy
Comparison To Criminal Sanctions In The Constitutional Review Of Punitive Damages, Colleen P. Murphy
Law Faculty Scholarship
No abstract provided.
Fear-Mongering Torts And The Exaggerated Death Of Diving, Carl Bogus
Fear-Mongering Torts And The Exaggerated Death Of Diving, Carl Bogus
Law Faculty Scholarship
No abstract provided.
Misclassifying Monetary Restitution, Colleen P. Murphy
Misclassifying Monetary Restitution, Colleen P. Murphy
Law Faculty Scholarship
No abstract provided.
Rational Actors Or Rational Fools - The Implications Of Psychology For Products Liability: Introduction, Carl T. Bogus
Rational Actors Or Rational Fools - The Implications Of Psychology For Products Liability: Introduction, Carl T. Bogus
Law Faculty Scholarship
No abstract provided.
Nuisance Revisited After Buchanan And Bormann, Jesse Richardson, Theodore A. Feitshans
Nuisance Revisited After Buchanan And Bormann, Jesse Richardson, Theodore A. Feitshans
Law Faculty Scholarship
No abstract provided.