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A Group’S A Group, No Matter How Small: An Economic Analysis Of Defamation, Alan D. Miller, Ronen Perry
A Group’S A Group, No Matter How Small: An Economic Analysis Of Defamation, Alan D. Miller, Ronen Perry
Washington and Lee Law Review
Consider the following: A Jews-for-Jesus bulletin reports, falsely, that a Jewish woman became “a believer in the tenets, the actions, and the philosophy of Jews for Jesus.” Does this publication constitute defamation? Should defamatoriness be determined in accordance with the views of the general non- Jewish community, with those of the Jewish minority, or with a normative ethical commitment? Our Article aims to provide the answers. Part I demonstrates that the de finition of defamatoriness in common law jurisdictions is essentially empirical and distinguishes between the two leading tests—the English test and the American test. Part II.A describes the English, …
When Certainty Dissolves Into Probability: A Legal Vision Of Toxic Causation For The Post-Genomic Era, Steve C. Gold
When Certainty Dissolves Into Probability: A Legal Vision Of Toxic Causation For The Post-Genomic Era, Steve C. Gold
Washington and Lee Law Review
Proof of causation in toxic torts has presented persistent problems for the legal system, because the probabilities that science can know fit poorly with the demands for particularistic proof imposed by the law’s deterministic model of causation. Some scholars have hoped that genomic and molecular information will at last provide scientific certainty—definitive, individualized proof of toxic causation. This Article argues that the opposite is true. Scientific research will increasingly elucidate the ways in which environmental exposures and human genes interact to produce disease, but this deeper knowledge will extend rather than resolve the problem of causal indeterminacy in toxic torts. …