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Articles 1 - 30 of 37
Full-Text Articles in Law
Internet Intermediary Liability In Defamation, Emily B. Laidlaw, Hilary Young
Internet Intermediary Liability In Defamation, Emily B. Laidlaw, Hilary Young
Osgoode Hall Law Journal
Given the broad meaning of publication in defamation law, internet intermediaries such as internet service providers, search engines, and social media companies may be liable for defamatory content posted by third parties. This article argues that current law is not suitable to dealing with issues of internet defamation and intermediary responsibility because it is needlessly complex, confusing, and may impose liability without blameworthiness. Instead, the article proposes that publication be redefined to require a deliberate act of communicating specific words. This would better reflect blameworthiness and few intermediaries would be liable in defamation under this test. That said, intermediaries profit …
Faithful Translations?: Cross-Cultural Communication In Canadian Religious Freedom Litigation, Howard Kislowicz
Faithful Translations?: Cross-Cultural Communication In Canadian Religious Freedom Litigation, Howard Kislowicz
Osgoode Hall Law Journal
In three religious freedom cases pursued to the Supreme Court of Canada—Amselem, Multani, and Huterrian Brethren of Wilson Colony—religious freedom claimants engaged in litigation over a religious practice particular to their group. Some have argued that cases like these can be seen as cross-cultural encounters. How did the religious freedom claimants seek to make their practices—the succah, the kirpan, and the prohibition on being photographed—understood to the courts? And how did the courts respond to these claims? In this article, I draw out two central values from the literature on crosscultural communication: respect and self-awareness. I then use these values …
Perspectives In Consumer Advocacy: Antitrust Parens Patriae Suits Pursuant To The Hart-Scott-Rodino Antitrust Improvements Act- A Solution For Wrongs Without Redress, Andrew B. Jones
Pepperdine Law Review
No abstract provided.
Litigation, Legislation, And Democracy In A Post-Newspaper America, Ronnell Anderson Jones
Litigation, Legislation, And Democracy In A Post-Newspaper America, Ronnell Anderson Jones
Washington and Lee Law Review
No abstract provided.
Legal Ethics And Non-Practicing Entities: Being On The Receiving End Matters Too, David Hricik
Legal Ethics And Non-Practicing Entities: Being On The Receiving End Matters Too, David Hricik
Santa Clara High Technology Law Journal
No abstract provided.
When Foreigners Infringe Patents: An Empirical Look At The Involvement Of Foreign Defendants In Patent Litigation In The U.S., Marketa Trimble
When Foreigners Infringe Patents: An Empirical Look At The Involvement Of Foreign Defendants In Patent Litigation In The U.S., Marketa Trimble
Santa Clara High Technology Law Journal
No abstract provided.
The History, Content, Application And Influence Of The Northern District Of California's Patent Local Rules, James Ware, Brian Davy
The History, Content, Application And Influence Of The Northern District Of California's Patent Local Rules, James Ware, Brian Davy
Santa Clara High Technology Law Journal
No abstract provided.
Private Enforcement Of Competition Laws, Kent Roach, Michael J. Trebilcock
Private Enforcement Of Competition Laws, Kent Roach, Michael J. Trebilcock
Osgoode Hall Law Journal
This article addresses a long-standing controversy in many antitrust/competition law regimes around the world, including Canada, as to the appropriate role for private enforcement of competition laws. The United States, from the origins of its antitrust law in 1890, has provided for an expansive role for private actions for violations through treble damages remedies, class action procedures, one-way cost rules, contingent fees, and civil jury trials. The Canadian experience has been sharply different: statutory recognition of any role for private action occurred only in amendments to the Competition Act in 1976, and private damages actions were confined to criminal violations …
An Analysis Of Discovery Rules, Joel Sobel
An Analysis Of Discovery Rules, Joel Sobel
Law and Contemporary Problems
No abstract provided.
Jurisdictional Reach For Interpleading Aliens: Can Use Of 1655 Coexist With Federal Interpleader Law, Thomas C. Morrill
Jurisdictional Reach For Interpleading Aliens: Can Use Of 1655 Coexist With Federal Interpleader Law, Thomas C. Morrill
Cornell International Law Journal
No abstract provided.
The Assignment Of Private Causes Of Action Under The Federal Securities Laws: Express Versus Automatic Assignment
Washington and Lee Law Review
No abstract provided.
Lying On The Stand Won't Cost You A Dime:Should Courts Recognize A Civil Action Intort For Perjury?
Lying On The Stand Won't Cost You A Dime:Should Courts Recognize A Civil Action Intort For Perjury?
Washington and Lee Law Review
No abstract provided.
Choice Of Law For Construing Release Of Federal Statutory Claims
Choice Of Law For Construing Release Of Federal Statutory Claims
Washington and Lee Law Review
No abstract provided.
The Cost Defense Under The Age Discrimination In Employment Act, Terrence P. Collingsworth
The Cost Defense Under The Age Discrimination In Employment Act, Terrence P. Collingsworth
Duke Law Journal
No abstract provided.
The Alternative-Action Requirement: The Derailment Of Santa Fe, E. C. Lashbrooke Jr.
The Alternative-Action Requirement: The Derailment Of Santa Fe, E. C. Lashbrooke Jr.
Duke Law Journal
No abstract provided.
Implied Rights Of Action In Federal Legislation: Harmonization Within The Statutory Scheme, Patrick B. Fazzone
Implied Rights Of Action In Federal Legislation: Harmonization Within The Statutory Scheme, Patrick B. Fazzone
Duke Law Journal
No abstract provided.
An Overview Of Implied Rights Of Action: Cannon V. University Of Chicago, Walter Joseph Hryszko
An Overview Of Implied Rights Of Action: Cannon V. University Of Chicago, Walter Joseph Hryszko
Louisiana Law Review
No abstract provided.
Implied Private Rights Of Action And The Federal Securities Laws: A Historical Perspective, John A. Maher
Implied Private Rights Of Action And The Federal Securities Laws: A Historical Perspective, John A. Maher
Washington and Lee Law Review
No abstract provided.
Section 17(A) Of The '33 Act: Defining The Scope Of Antifraud Protection
Section 17(A) Of The '33 Act: Defining The Scope Of Antifraud Protection
Washington and Lee Law Review
No abstract provided.
Derivative Immunity: An Unjustifiable Bar To Section 1983 Actions, Craig B. Merkle
Derivative Immunity: An Unjustifiable Bar To Section 1983 Actions, Craig B. Merkle
Duke Law Journal
No abstract provided.
The Efficiency Defense Under Section 7 Of The Clayton Act, Timothy J. Muris
The Efficiency Defense Under Section 7 Of The Clayton Act, Timothy J. Muris
Case Western Reserve Law Review
No abstract provided.
Public Law 94-103: An Implied Private Right Of Action To Enforce The Right To Treatment For Institutionalized Mentally Retarded Persons, John Cahalan
Indiana Law Journal
No abstract provided.
Restructuring The Defenses To Strict Products Liability - An Alternative To Comparative Negligence, Nikki Ann Westra
Restructuring The Defenses To Strict Products Liability - An Alternative To Comparative Negligence, Nikki Ann Westra
Santa Clara Law Review
No abstract provided.
The Action Of Nullity Under Louisiana Code Of Civil Procedure Article 2004, Robert G. Nida
The Action Of Nullity Under Louisiana Code Of Civil Procedure Article 2004, Robert G. Nida
Louisiana Law Review
No abstract provided.
Private Enforcement Under The Fair Debt Collection Practices Act, Marc D. Flink
Private Enforcement Under The Fair Debt Collection Practices Act, Marc D. Flink
Case Western Reserve Law Review
No abstract provided.
Abrogation Of Plaintiff's Due Care Requirement In Private Actions Under Rule 10b-5, Paul D. Mesmer
Abrogation Of Plaintiff's Due Care Requirement In Private Actions Under Rule 10b-5, Paul D. Mesmer
Case Western Reserve Law Review
No abstract provided.
Towards The Development Of An Implied Right Of Action Under Rule 14a-8 Of The Securities Exchange Act Of 1934, Martha C. Lee
Towards The Development Of An Implied Right Of Action Under Rule 14a-8 Of The Securities Exchange Act Of 1934, Martha C. Lee
Case Western Reserve Law Review
No abstract provided.
Empty Corridors: The Legal Aspects Of The Closure And Sale Of Surplus Public Schools, Patricia Paulson White
Empty Corridors: The Legal Aspects Of The Closure And Sale Of Surplus Public Schools, Patricia Paulson White
Santa Clara Law Review
No abstract provided.
Conditions For The Application Of Actio De In Rem Verso, Stewart Mccaa Thomas
Conditions For The Application Of Actio De In Rem Verso, Stewart Mccaa Thomas
Louisiana Law Review
No abstract provided.
Title Vii And Postjudgment Class Actions, John F. Crawford
Title Vii And Postjudgment Class Actions, John F. Crawford
Indiana Law Journal
No abstract provided.