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Actions and defenses

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Full-Text Articles in Law

Internet Intermediary Liability In Defamation, Emily B. Laidlaw, Hilary Young Sep 2019

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 Jan 2015

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 May 2013

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 Mar 2011

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 Jan 2011

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 Jan 2011

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 Jan 2009

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 Jul 1996

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 Jan 1989

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 Jul 1988

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 Jun 1988

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? Sep 1987

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 Sep 1984

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 Jun 1982

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. Dec 1981

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 Nov 1980

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 Aug 1980

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 Jun 1980

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 Jun 1980

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 Jun 1980

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 Jan 1980

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 Apr 1979

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 Jan 1979

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 May 1978

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 Jan 1978

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 Jan 1978

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 Jan 1977

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 Jan 1976

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 Nov 1975

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 Jan 1972

Title Vii And Postjudgment Class Actions, John F. Crawford

Indiana Law Journal

No abstract provided.