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Full-Text Articles in Law
Protecting Women's Voices: Preventing Retaliatory Defamation Claims In The #Metoo Context, Nicole Ligon
Protecting Women's Voices: Preventing Retaliatory Defamation Claims In The #Metoo Context, Nicole Ligon
St. John's Law Review
(Excerpt)
As part of a personal commitment to positively utilize my legal skills, I joined the Legal Network for Gender Equity, a group of attorneys who support individuals seeking to come forward about their experiences with sexual harassment and assault. Through this network, I regularly counsel women who want to share their stories but are concerned that by doing so, they may open themselves up to costly defamation suits from their aggressors. Their concerns are not so much rooted in any notion that their stories are or could actually be defamatory. Instead, these concerns often stem from a recognition that …
Review Law: New York Defamation Applied To Online Consumer Reviews, Ian Lewis-Slammon
Review Law: New York Defamation Applied To Online Consumer Reviews, Ian Lewis-Slammon
St. John's Law Review
(Excerpt)
In early July 2017, Michelle Levine booked her first and only appointment with gynecologist Dr. Joon Song for an annual exam. Ms. Levine had a dissatisfying experience with the office. She claims that Dr. Song’s office did not follow up with her for almost a month, and that when she called to ask about the results of a blood test, Dr. Song’s staff falsely informed her that she tested positive for herpes. To top it off, Ms. Levine alleges that the office overcharged her. Following this experience, Ms. Levine did what many others do when dissatisfied with a product …
Guess Who? Reducing The Role Of Juries In Determining Libel Plaintiffs' Identities, Nat Stern
Guess Who? Reducing The Role Of Juries In Determining Libel Plaintiffs' Identities, Nat Stern
St. John's Law Review
(Excerpt)
During the nomination hearings for now-Justice Brett Kavanaugh, considerable attention was drawn to a high school friend’s memoir featuring a fellow student named “Bart O’Kavanaugh.” By the memoir’s account, “O’Kavanaugh” in one episode blacked out—apparently from alcohol—on his return from a party. For any number of possible reasons, Justice Kavanaugh did not bring a libel suit against the book’s author. If he had, however, a crucial threshold issue—preceding questions of falsity and intent—would have been whether the memoir’s portrayal of “O’Kavanaugh” amounted to a false depiction of Kavanaugh himself. In the parlance of defamation doctrine, Justice Kavanaugh would have …
Combating Fake News In Social Media: U.S. And German Legal Approaches, Ryan Kraski
Combating Fake News In Social Media: U.S. And German Legal Approaches, Ryan Kraski
St. John's Law Review
(Excerpt)
When asking how fake news in social media can be combated under U.S. and German law, one must first take the systems’ most fundamental differences into consideration. U.S. law is characterized by its federal structure, the interaction of state laws often with the federal, U.S. Constitution, usage of pretrial discovery, as well as the role of juries in calculating damages. In contrast, Germany, as a civil law system, is characterized by its usage of separate legal actions to acquire information, lack of pretrial discovery, and broader array of available remedies, none of which allow for punitive damages. Through a …