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Articles 1 - 3 of 3
Full-Text Articles in Torts
When Fame Takes Away The Right To Privacy In One's Body: Revenge Porn And Tort Remedies For Public Figures, Caroline Drinnon
When Fame Takes Away The Right To Privacy In One's Body: Revenge Porn And Tort Remedies For Public Figures, Caroline Drinnon
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Information-Forcing Dilemma In Damages Law, Tun-Jen Chiang
The Information-Forcing Dilemma In Damages Law, Tun-Jen Chiang
William & Mary Law Review
Courts assessing compensatory damages awards often lack adequate information to determine the value of a victim’s loss. A central reason for this problem, which the literature has thus far overlooked, is that courts face a dilemma when applying their standard information-forcing tools to the context of damages. Specifically, the standard method by which courts obtain information is through a burden of proof. In the context of damages, this means a rule requiring plaintiffs to prove the value of a loss. But courts will often face a situation where a plaintiff can clearly prove the existence of a loss, yet cannot …
‘Relational Privacy’ & Tort, Stuart Hargreaves
‘Relational Privacy’ & Tort, Stuart Hargreaves
William & Mary Journal of Race, Gender, and Social Justice
This Article argues that the current interpretation given to the four-part invasion of privacy framework by the courts is inadequate in the face of modern privacy challenges. In particular, it struggles with claims for privacy over public matters or other ‘non-secret’ matters that an individual may nonetheless have some ongoing privacy interest in. This Article suggests that this struggle is the result of the courts adopting a fixed, binary approach to privacy, which is itself grounded in a liberal-individualistic account of autonomy. While this may be a natural response to concerns about limiting the scope of the tort, it is …