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Full-Text Articles in Law
Long Live The Lie Bill!, Lucila I. Van Dam
Long Live The Lie Bill!, Lucila I. Van Dam
University of Michigan Journal of Law Reform
What successful defamation plaintiffs typically desire and doctrinally deserve is to have their reputations restored. Presently, however, a plaintiff who has established that she was defamed by the defendant is entitled only to an award of damages, which does nothing to restore reputation. This Note proposes that in addition to a damages award, courts-- if they are to take seriously their obligation to compensate the plaintiff-- should order the defendant to retract the defamatory statement. Contrary to the prevailing view, this Note argues that the proposed retraction order does not jeopardize the First Amendment guarantee of free expression.
Torts And Innovation, Gideon Parchomovsky, Alex Stein
Torts And Innovation, Gideon Parchomovsky, Alex Stein
Michigan Law Review
This Essay exposes and analyzes a hitherto overlooked cost of tort law: its adverse effect on innovation. Tort liability for negligence, defective products, and medical malpractice is determined by reference to custom. We demonstrate that courts' reliance on custom and conventional technologies as the benchmark of liability chills innovation and distorts its path. Specifically, recourse to custom taxes innovators and subsidizes replicators of conventional technologies. We explore the causes and consequences of this phenomenon and propose two possible ways to modify tort law in order to make it more welcoming to innovation.
Tesla, Marconi, And The Great Radio Controversy: Awarding Patent Damages Without Chilling A Defendant's Incentive To Innovate, Christopher A. Harkins
Tesla, Marconi, And The Great Radio Controversy: Awarding Patent Damages Without Chilling A Defendant's Incentive To Innovate, Christopher A. Harkins
Missouri Law Review
The true life story of Nikola Tesla reads like a fiction novel worthy of Hollywood in a tale of the great radio controversy. Who did invent radio? Marconi is often credited with the invention, while a discouraged Tesla mostly watched from the sidelines - his contributions and further innovations to radio being silenced during the height of radio's most rapid growth. While Tesla's bizarre personal life may read like a novel by Jules Verne and F. Scott Fitzgerald, this much can be learned from the facts and folklore of the radio controversy: simultaneous discovery and independent development ought to mitigate …
Money For Nothing? Unconditional Payments And Unjust Enrichment In Jackman V. Jewel Lake Villa One, Benjamin J. Roesch
Money For Nothing? Unconditional Payments And Unjust Enrichment In Jackman V. Jewel Lake Villa One, Benjamin J. Roesch
Alaska Law Review
No abstract provided.
Punitive Damages And Due Process: Trying To Keep Up With The United States Supreme Court After Philip Morris Usa V. Williams , Tyler C. Schaeffer
Punitive Damages And Due Process: Trying To Keep Up With The United States Supreme Court After Philip Morris Usa V. Williams , Tyler C. Schaeffer
Missouri Law Review
Throughout the past two decades, the United States Supreme Court has gradually formed several procedural and substantive protections under the Fourteenth Amendment's Due Process Clause limiting the size of punitive damages a State can award against civil defendants. The Court has made it clear that the catalyst for the recent constitutional doctrine stems from its concern towards punitive damages that "run wild." What has not been as clear is what prior constitutional authority the Court has drawn from when creating these new rules. Consequently, state courts, left with little guidance, have struggled with applying as well as predicting the evolving …
What Do We Do With A Doctrine Like Merger? A Look At The Imminent Collision Of The Dmca And Idea/Expression Dichotomy, Matthew J. Faust
What Do We Do With A Doctrine Like Merger? A Look At The Imminent Collision Of The Dmca And Idea/Expression Dichotomy, Matthew J. Faust
Marquette Intellectual Property Law Review
With the introduction of the Digital Millennium Copyright Act (DMCA), courts are now faced with the unsettling issue that copyright holders can receive damages even though copyright infringement did not occur. This comment begins its analysis of this issue with a brief overview of basic copyright infringement fundamentals, the different approaches and numerous tests that circuit courts have applied, and the idea/expression dichotomy, including the merger doctrine and the scenes a faire doctrine. The author then explores the collision between the DMCA and the idea/expression dichotomy by showing how the DMCA has impacted copyright law and how it intersects with …
Public Employee Speech, Categorical Balancing And § 1983: A Critique Of Garcetti V. Ceballos, Sheldon H. Nahmod
Public Employee Speech, Categorical Balancing And § 1983: A Critique Of Garcetti V. Ceballos, Sheldon H. Nahmod
University of Richmond Law Review
I propose to discuss Garcetti's First Amendment reasoning as well as the implications of the § 1983' setting in which Garcetti and other public employee free speech cases typically arise. After briefly setting out the Court's opinion and the three dissenting opinions, I begin by addressing the pros and cons of Garcetti, and in the course of so doing, I discuss the prior Pickering-Connick landscape that Garcetti so significantly altered. I consider the deeper First Amendment implications of Garcetti, including itsuse of categorical balancing to create an absolute immunity fromFirst Amendment liability for employer discipline based on job-required public employee …
Section 1983 Civil Rights Litigation From The October 2006 Term, Martin Schwartz
Section 1983 Civil Rights Litigation From The October 2006 Term, Martin Schwartz
Touro Law Review
No abstract provided.