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Full-Text Articles in Law

Libel In The Blogosphere: Some Preliminary Thoughts, Glenn Harlan Reynolds Jan 2006

Libel In The Blogosphere: Some Preliminary Thoughts, Glenn Harlan Reynolds

Washington University Law Review

People have been talking about libel and bloggers since the blogosphere was new, but the big news at this point is that, so far at least, there’s more talk than action—despite the millions of blogs, and probable billions of blog entries to date, there haven’t really been any major blogrelated libel cases, and the number in total is quite small. People are still talking about Blumenthal v. Drudge, a case that predates the blogosphere, when they talk about blogs and libel, and no major new case has emerged to take its place. The absence of a major ...


Drowning In A Sea Of Confusion: Applying The Economic Loss Doctrine To Component Parts, Service Contracts, And Fraud, Andrew Gray Jan 2006

Drowning In A Sea Of Confusion: Applying The Economic Loss Doctrine To Component Parts, Service Contracts, And Fraud, Andrew Gray

Washington University Law Review

No abstract provided.


Anonymous Bloggers And Defamation: Balancing Interests On The Internet, S. Elizabeth Malloy Jan 2006

Anonymous Bloggers And Defamation: Balancing Interests On The Internet, S. Elizabeth Malloy

Washington University Law Review

As more and more people create personal websites and blogs, courts are more frequently asked to rule on questions related to the Internet boom. Specifically, an issue has arisen concerning what standard to apply in defamation suits brought against anonymous bloggers.9 Courts have wrestled with producing an appropriate standard for revealing the identity of an anonymous blogger who posts allegedly defamatory material on a message board or website. Recently, in Doe v. Cahill, the Delaware Supreme Court created a strict standard that makes it extremely difficult for defamation victims to bring suit against anonymous bloggers. The standard created is ...


The Domestic Relations Exception, Domestic Violence, And Equal Access To Federal Courts, Emily J. Sack Jan 2006

The Domestic Relations Exception, Domestic Violence, And Equal Access To Federal Courts, Emily J. Sack

Washington University Law Review

This Article examines the classic issue of the allocation of jurisdiction between the state and federal courts, with an untraditional focus on family law, domestic violence, and women's access to federal courts. The piece first explores the domestic relations exception to federal jurisdiction, a longstanding judge-created doctrine under which the federal courts lack jurisdiction to hear divorce, custody, and other family matters traditionally reserved to the states. In the recent case of Marshall v. Marshall, 126 S. Ct. 1735 (2006), the Supreme Court had the opportunity to abandon the domestic relations exception (as well as its relative, the probate ...