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Defamation

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Standardized Tests, Erroneous Scores, And Tort Liability, Vincent R. Johnson Sep 2006

Standardized Tests, Erroneous Scores, And Tort Liability, Vincent R. Johnson

ExpressO

Recently, there has been a vast expansion of standardized testing and of related scoring errors. For example, in October 2005, the College Board mis-scored 5,000 SAT exams. Most scores were too low by 50 to 100 points, but in some cases the deficiency was over 400 points. This is the first law review article to examine the issue of whether mis-scoring of standardized tests is actionable until traditional tort theories. The article assesses the viability of claims for fraud, negligent misrepresentation, defamation, false-light invasion of privacy, tortious interference, and injurious falsehood.


The Difficulty In Winning Restaurant Defamation Cases, Joshua A. Cash Aug 2005

The Difficulty In Winning Restaurant Defamation Cases, Joshua A. Cash

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No abstract provided.


U.S. Supreme Court Tort Reform: Limiting State Power To Articulate And Develop Its Own Tort Law–Defamation, Preemption, And Punitive Damages, Thomas C. Galligan Aug 2005

U.S. Supreme Court Tort Reform: Limiting State Power To Articulate And Develop Its Own Tort Law–Defamation, Preemption, And Punitive Damages, Thomas C. Galligan

ExpressO

U.S. Supreme Court Tort Reform: Limiting State Power to Articulate and Develop Its Own Tort Law–Defamation, Preemption, and Punitive Damages analyzes and critiques the three primary areas in which the U.S. Supreme Court has found federal constitutional limits on a state’s power to articulate, develop, and apply its common law of torts. It is the first piece to consider all three areas together as an emerging body of jurisprudence which Professor Galligan calls U.S. Supreme Court tort reform. After setting forth a modest model of adjudication, the article applies that model to each of the three areas: defamation and related …