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Articles 1 - 14 of 14
Full-Text Articles in Law
@Potus: Rethinking Presidential Immunity In The Time Of Twitter, Douglas B. Mckechnie
@Potus: Rethinking Presidential Immunity In The Time Of Twitter, Douglas B. Mckechnie
University of Miami Law Review
President Donald Trump’s use of Twitter portends a turning point in presidential communication. His Tweets animate his base and enrage his opponents. Tweets, however, like any form of communication, can ruin reputations. In Nixon v. Fitzgerald, the Supreme Court determined that a president retains absolute immunity for all actions that fall within the “outer perimeter” of his official duties. This Article explores the “outer perimeter” of presidential immunity. It suggests the First, Fifth, and Fourteenth Amendments inform the demarcation of the “outer perimeter,” and that when a president engages in malicious defamation, his speech falls outside this perimeter and …
Barnett Vs. Corson. Libel—Truth Of Statement As A Defence—Malice—Act Of Apr. 11, 1901, Construed
Barnett Vs. Corson. Libel—Truth Of Statement As A Defence—Malice—Act Of Apr. 11, 1901, Construed
Dickinson Law Review (2017-Present)
No abstract provided.
Adelson V. Harris, 133 Nev. Adv. Op. 67 (Sept. 27, 2017) (En Banc), David E. Chavez
Adelson V. Harris, 133 Nev. Adv. Op. 67 (Sept. 27, 2017) (En Banc), David E. Chavez
Nevada Supreme Court Summaries
The Nevada Supreme Court (en banc) held that (1) a hyperlink to source material concerning a judicial proceeding may qualify as a report within the common law fair report privilege; and (2) Nevada’s anti-SLAPP statute, as effective prior to the 2013 amendment, reaches communication “aimed at procuring any governmental or electoral action,” even if it is not addressed to a government agency.
Cyberspace…The Final Frontier: How The Communications Decency Act Allows Entrepreneurs To Boldly Go Where No Blog Has Gone Before, Aaron Jackson
Cyberspace…The Final Frontier: How The Communications Decency Act Allows Entrepreneurs To Boldly Go Where No Blog Has Gone Before, Aaron Jackson
Oklahoma Journal of Law and Technology
No abstract provided.
Comparative Defamation Law: England And The United States, Vincent R. Johnson
Comparative Defamation Law: England And The United States, Vincent R. Johnson
University of Miami International and Comparative Law Review
No abstract provided.
Trending Now: The Role Of Defamation Law In Remedying Harm From Social Media Backlash, Cory Batza
Trending Now: The Role Of Defamation Law In Remedying Harm From Social Media Backlash, Cory Batza
Pepperdine Law Review
Defamatory comments on social media have become commonplace. When the online community is outraged by some event, social media users often flood the Internet with hateful and false comments about the alleged perpetrator, feeling empowered by their numbers and anonymity. This wave of false and harmful information about an individual’s reputation has caused many individuals to lose their jobs and suffer severe emotional trauma. This Comment explores whether the target of social media backlash can bring a successful defamation claim against the users who have destroyed their reputations on and offline. Notably, one of the biggest hurdles these plaintiffs will …
Liar! Liar? The Defamatory Impact Of “Liar” In The Modern World, Roy S. Gutterman
Liar! Liar? The Defamatory Impact Of “Liar” In The Modern World, Roy S. Gutterman
Fordham Intellectual Property, Media and Entertainment Law Journal
Calling someone a liar is an age-old epithet. Depending on the context, calling someone a liar could be defamatory, causing harm to a reputation. But, more often than not, calling someone a liar may be simply an expression of opinion. In some settings, litigation surrounding the publication also implicates the First Amendment. In recent years, several courts have weighed in on this issue, some with conflicting outcomes. This Article examines whether accusations of dishonesty or lying in a modern media world has a defamatory impact.
The Battle Over Stockholders Voice: A Critique Of Agar V. Judy And The Standard Of Review Problem In Manipulation Of Stockholders’ First Amendment Rights, Yair Y. Even-Tal
The Battle Over Stockholders Voice: A Critique Of Agar V. Judy And The Standard Of Review Problem In Manipulation Of Stockholders’ First Amendment Rights, Yair Y. Even-Tal
South Carolina Journal of International Law and Business
No abstract provided.
Recent Development: Seley-Radtke V. Hosmane: The Standard Of Proof Requirement In A Purely Private Defamation Action For An Individual Asserting A Common Law Conditional Privilege Is Preponderance Of The Evidence, Makeda Curbeam
University of Baltimore Law Forum
The Court of Appeals of Maryland held that a party seeking to overcome a common law conditional privilege in a purely private defamation suit must do so by a preponderance of the evidence. Seley-Radtke v. Hosmane, 450 Md. 468, 474, 149 A.3d 573, 576 (2016). The court also held that evidentiary issues not addressed by the court of special appeals are not subject to review by the court of appeals. Id. at 510, 149 A.3d at 598 (citing Md. R. 8- 131(b)(1)). Further, the court held that prejudicial evidence irrelevant to a claim is not admissible at trial. Seley-Radtke, 450 …
Where's The Power - Defamation And Wrongful Interference In The Restatement Of Employment Law, Ruben J. Garcia
Where's The Power - Defamation And Wrongful Interference In The Restatement Of Employment Law, Ruben J. Garcia
Scholarly Works
In this article, Professor Ruben Garcia argues that the Restatement of Employment Law ("REL") misses the opportunity to address power relations between employers and employees as part of the "law as a whole" in the torts of the workplace. He argues that the omission shows the limits of restatements generally. However, there were other roads not taken by the drafters that might have acknowledged these power differentials in the final draft. Professor Garcia also argues that the normative choices that are made by the REL about the doctrine of compelled self-publication are based on questionable footings. "[A]cceptance of the doctrine …
The Dark Side Of Social Media Romance: Civil Recourse For Catfish Victims, Armida Derzakarian
The Dark Side Of Social Media Romance: Civil Recourse For Catfish Victims, Armida Derzakarian
Loyola of Los Angeles Law Review
No abstract provided.
The Black Women Anti-Defamation Coalition: A Proposal For The Remediation Of The Negative, Controlling Images Of Black Women, Shemar Antonio Taylor
The Black Women Anti-Defamation Coalition: A Proposal For The Remediation Of The Negative, Controlling Images Of Black Women, Shemar Antonio Taylor
Senior Projects Spring 2017
This research sets out to highlight the life-altering degree to which negative, domineering depictions of Black women has had and continues to have on their livelihood and also to argue that due to their systemic inability to control and craft their own reputation, this should be categorized as a human rights violation and enforced on the grounds of defamation law. Although I am not a Black woman myself, as a Black man who was raised by three Black women, I have seen first hand the importance of proving this point. Many Black women scholars, many of whom I will be …
Freedom Of Speech And The Criminal Law, Dan T. Coenen
Freedom Of Speech And The Criminal Law, Dan T. Coenen
Scholarly Works
Because the Free Speech Clause limits government power to enact penal statutes, it has a close relationship to American criminal law. This Article explores that relationship at a time when a fast-growing “decriminalization movement” has taken hold across the nation. At the heart of the Article is the idea that free speech law has developed in ways that have positioned the Supreme Court to use that law to impose significant new limits on the criminalization of speech. More particularly, this article claims that the Court has developed three distinct decision-making strategies for decriminalizing speech based on constitutional principles. The first …
Arbitration For The “Afflicted” — The Viability Of Arbitrating Defamation And Libel Claims Considering Ipso’S Pilot Program, Emma Altheide
Arbitration For The “Afflicted” — The Viability Of Arbitrating Defamation And Libel Claims Considering Ipso’S Pilot Program, Emma Altheide
Journal of Dispute Resolution
Filing suit for defamation or libel is signing up for an expensive and time-consuming endeavor. If it proceeds to trial, this type of litigation comes with high costs for both sides: potentially millions of dollars in legal fees, and years of court battles. Average judgments against defendant publishers are high, often because uncapped punitive damages are available. Plaintiffs may wait years to receive a judgment, only to spend a significant portion on attorneys’ fees. Given the inefficiency of the courts in handling defamation and libel claims, how might an alternative forum provide for a quicker process, with lower costs for …