Free, Downloadable Casebook for Torts

Pixelization

This week I posted Volume One of a freely downloadable casebook for torts. Tags: Teaching Torts After using three different casebooks over the past three years (I like changing things up), I decided to create my own for this year. It's available as.

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Does the Tort of Defamation By Implication Exist in Idaho?

Media Law Prof Blog

The Idaho Supreme Court hears a case today that presents the issue of whether the tort of defamation by implication exists in Idaho law. The case is Verity v. USA Today and John/Jane Does. Here's a link to the Court's

Tort 52

Trending Sources

Rethinking Speech-Tort Jurisprudence

Media Law Prof Blog

Han, Pepperdine University School of Law, has published Rethinking Speech-Tort Remedies at 2014 Wisconsin Law Review 1135. Courts generally craft speech-tort jurisprudence as a binary proposition. Any time state tort law and the First David S. Here is the abstract.

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The First Amendment and Tort Law

Media Law Prof Blog

Christie, Duke University School of Law, has published The Uneasy and Often Unhelpful Interaction of Tort Law and Constitutional Law in First Amendment Litigation at 98 Marquette L. George C.

Tort 63

Speech Torts

Media Law Prof Blog

Deana Pollard-Sacks, Texas Southern University Thurgood Marshall School of Law, has published "Speech Torts." Tort liability for speech raises important concerns about federalism, self-government, and autonomy. The Supreme Court has resolved the free speech-tort law conflict Here is the abstract.

Tort 48

Intentional Sex Tort? (Im)practical Exercise

The Legal Satyricon

A while back, there was some spirited discussion about “Intentional Sex Torts” and whether misleading someone in order to hook up with them should be actionable. Post here) Analyze the facts below. Should the Bass Player be liable? What, if anything, should Ms. Jorgensen recover? Filed under: misc.

Tort 74

Goold on the Lost Tort of Moral Rights Invasion @harvard_law

Media Law Prof Blog

Patrick Russell Goold, Harvard Law School, is publishing The Lost Tort of Moral Rights Invasion in the Akron Law review. Here is the abstract. Moral rights are often portrayed as an unwelcome import into U.S. During the nineteenth century

Tort 52

Negligent Speech Torts

Media Law Prof Blog

Deana Pollard-Sacks, Texas Southern University, THurgood Marshall School of Law, and Florida State University, has published Negligent Speech Torts. Here is the abstract. Recent research on the effects of violent media on children has elevated longstanding controversy over civil liability

Tort 50

Tort Law and Images

Media Law Prof Blog

Samantha Barbas, State University of New York at Buffalo Law School, is publishing The Laws of Image in the New England Law Review. Here is the abstract. We live in an image society. Since the turn of the 20th century

Tort 52

Limiting the False Light Tort

Media Law Prof Blog

Lake, Stetson University College of Law, has published "Restraining False Light: Constitutional and Common Law Limits on a 'Troublesome Tort'," in volume 61 of the Federal Communications Law Journal (2009). The defamation tort is James B. Here is the abstract.

Tort 40

On Lawyer2Lawyer: Top Tort Lawyers Discuss their Careers and Cases

Media Law

The post On Lawyer2Lawyer: Top Tort Lawyers Discuss their Careers and Cases appeared first on Robert Ambrogi's LawSites. Two events coincided to produce this week’s episode of Lawyer2Lawyer. First, the Trial Lawyer Hall of Fame — an institution devoted to honoring the nation’s most exceptional trial lawyers — marked the grand opening last month of its permanent home at Temple Law School in Philadelphia.

Tort 67

The Misuse of Private Information Tort In English Law

Media Law Prof Blog

Apostolos Pelekanos, University of Sussex, has published Misuse of Private Information in English Law. Here is the abstract. The protection of information in English law has been a matter of debate for many years. The introduction of the “misuse of

Tort 60

Applying Existing Tort Law To Privacy Concerns On the Internet

Media Law Prof Blog

Diane Leenheer Zimmerman, New York University School of Law, is publishing The 'New' Privacy and the 'Old': Is Applying the Tort Law of Privacy Like Putting High-Button Shoes on the Internet? in Communication Law and Policy. Here is the abstract

Tort 54

The Death of the Publication of Private Facts Tort

Media Law Prof Blog

Samantha Barbas has published The Death of the Public Disclosure Tort: A Historical Perspective at 22 Yale Journal of Law & the Humanities 171. Here is the abstract. In 1890, Samuel Warren and Louis Brandeis, in their famous Harvard Law

Tort 56

What happens when idiots don’t understand torts

The Legal Satyricon

“Cafe Mom” is not a website I read very often, but it pops up in my Google News occasionally. This time, it has a complaint piece called “Dead Teen Sued for Losing Control of Flying Body Parts.“ “ The story goes this way, Hiroyuki Joho, an 18 year old kid, ran across the train tracks to catch [.].

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On Lawyer2Lawyer: Top Tort Lawyers Discuss their Careers and Cases

Media Law

The post On Lawyer2Lawyer: Top Tort Lawyers Discuss their Careers and Cases appeared first on Robert Ambrogi's LawSites. Two events coincided to produce this week’s episode of Lawyer2Lawyer. First, the Trial Lawyer Hall of Fame — an institution devoted to honoring the nation’s most exceptional trial lawyers — marked the grand opening last month of its permanent home at Temple Law School in Philadelphia.

Tort 48

Tort Liability For Website Operators For Cyberharassment

Media Law Prof Blog

Kim, California Western School of Law, has published "Imposing Tort Liability on Websites for Cyberharassment," at 118 Yale Law Journal Pocket Part 115 (2008). Nancy S. Here is the abstract. Several female law students were the subject of derogatory comments

Tort 40

Brandeis and the Tort Theory of Privacy

Media Law Prof Blog

Neil M. Richards, Washington University School of Law, has published The Puzzle of Brandeis, Privacy, and Speech, in volume 63 of the Vanderbilt Law Review (2010). Here is the abstract. Most courts and scholarship assume that privacy and free speech

Tort 55

The TV Judge and Tort Reform

Media Law Prof Blog

Joshua Wilson and Erin Ackerman have published "TV Judges and the Civil Law Narrative," as a Western Political Science Association 2010 Annual Meeting Paper. Here is the abstract. This is a collaborative study examining the relationship between popular reality-based judge

Tort 54

Applying Existing Tort Law To the Privacy Concerns On the Internet

Media Law Prof Blog

Diane Leenheer Zimmerman, New York University School of Law, is publishing The 'New' Privacy and the 'Old': Is Applying the Tort Law of Privacy Like Putting High-Button Shoes on the Internet? in Communication Law and Policy. Here is the abstract

Tort 48

The Intersection of Tort Law and Media Ethics

Media Law Prof Blog

Karcher, Florida Coastal School of Law, has published Tort Law and Journalism Ethics, at 40 Loyola University Chicago Law Journal 781 (2009). Richard T. This paper compares and contrasts the ethical obligations of news reporters under journalism ethics codes with

Tort 40

Do Republicans Really Support “Tort Reform?”

The Legal Satyricon

HR 4364, the Federal Anti-SLAPP bill, was introduced by Rep. Steve Cohen (D-TN9) – a two-time First Amendment Bad Ass Award winner. Public Intellectual reports that Cohen has brought on a few more co-sponsors: Rep. Charles Gonzalez (D-TX20), Fortney “Pete&# Stark (D-CA13), and Mike Doyle (D-PA14). source) Does anyone see anything wrong with that picture? [.].

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Should America offer reparations for slavery? Duh, it is basic tort law.

Communications And Entertainment Law Blog

Tort 52

Hey, Google, Get Off My Lawn!

JetLawBlog

The Borings filed suit in Pennsylvania state court alleging more torts than you would see on a first-year law school exam. Even as a law student, when I look at Google’s “Street View” feature, the last thing I’m thinking about is a lawsuit.

Cyber-Threatened Tween Could Go for IIED Gold

JetLawBlog

Although section 46 of the Restatement (Second) of Torts suggests that mere insults, indignities, and threats will not suffice, this behavior far exceeds mere insults or threats. Until a few days ago, not many people over the age of fifteen had heard of Jessi Slaughter (an alias).

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The Tennessee Titans Sue Lane Kiffin and USC for Poaching Their Coach

JetLawBlog

Lane Kiffin can’t catch a break. Not that he deserves one. On Monday, the Tennessee Titans joined in on the Lane Kiffin bashing with the rest of the state of Tennessee by filing suit against Kiffin and the University of Southern California.

Tort 61

Re-evaluating the Supreme Court's Approach to Defamation, Privacy, and IIED

Media Law Prof Blog

Cristina Carmody Tilley, Loyola University of Chicago School of Law, has published Tort, Speech, and the Dubious Alchemy of State Action at 17 University of Pennsylvania Journal of Constitutional Law 1117 (2015).

Tort 68

Online Anonymous Speech and Liability

Media Law Prof Blog

Ronan Perry and Tal Zarsky, both at the University of Haifa, Faculty of Law, have published Liability for Online Anonymous Speech: Comparative and Economic Analyses in volume 5 of the Journal of European Tort Law (2014).

Tort 67

Cheering Chill in Wisconsin?

JetLawBlog

Bakke recklessness cheerleading contact sport lawsuits entertainment courts torts legislation assumption of risk On Tuesday, the Wisconsin Supreme Court, in Noffke v. Bakke , ruled that high school cheerleaders qualify for civil liability restriction under state law.

Civil Recourse For Online Privacy Violations in the Chinese Legal System

Media Law Prof Blog

Scott Livingston, Covington & Burling, LLP, and Graham Greenleaf, University of New South Wales, Faculty of Law, have published The Emergence of Tort Liability for Online Privacy Violations in China as 135 Privacy Laws & Business International Report 22-24 (2015

Tort 52

Arizona Appeals Court Upholds TV Station's Right To Broadcast Live Police Chase and Suicide of Suspect

Media Law Prof Blog

Fox News (CA-CV 14-0437), the Arizona Court of Appeals has upheld a lower court's dismissal of tort claims and the First Amendment right of the defendant to broadcast the car chase and subsequent suicide of a suspect In Rodriguez v.

Tort 63

The ECJ, the Mass Media, and Personality Rights

Media Law Prof Blog

Thomas Thiede, Austrian Academy of Sciences, Institute for European Tort Law, and Colm P. McGrath, have published Mass Media, Personality Rights and European Conflict of Laws. Here is the abstract. In this article the authors critically analyse the current approach

Tort 52

Supreme Court Rules In Favor of Westboro Baptist Church, 8-1

Media Law Prof Blog

Phelps, Mr. Snyder cannot recover for the tort of intrusion The Supreme Court has ruled, 8-1, that the First Amendment protects speakers on matters of public concern, even at funerals. It also held that in the case of Snyder v.

Tort 57

Updates in Railroad Employee Liability Law

The Legal Satyricon

by Jay Marshall Wolman In addition to my usual lawyerly activities, I am also a Vice Chair of the Workers’ Compensation and Employers’ Liability Law Committee of the American Bar Association’s Tort Trial and Insurance Practice Section.

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Book Reviews, Academic Debate and Criminal Libel in France

Media Law Prof Blog

Kate Sutherland, York University Osgoode Hall Law School, has published Book Reviews, the Common Law Tort of Defamation, and the Suppression of Scholarly Debate, at 11 German Law School 656-670 (2010). Here is the abstract. Professor Joseph Weiler will soon

Tort 52

In First, Mass. Adds ‘Access to Justice’ to Bar Exam

Media Law

Starting in July 2016, prospective lawyers taking the Massachusetts bar exam will be tested not just on traditional topics such as constitutional law, torts and property, but also on access to justice. On April 25, the state’s Supreme Judicial Court approved a rule adding access to justice to the exam and indicating that applicants will […]. The post In First, Mass. Adds ‘Access to Justice’ to Bar Exam appeared first on Robert Ambrogi's LawSites. General

Tort 83

Internet Filtering and Responses To Its Use

Media Law Prof Blog

Knapp has published Internet Filtering: The Ineffectiveness of WTO Remedies and the Availability of Alternative Tort Remedies. Kristen A. Here is the abstract. In recent years, Internet filtering, while not a new phenomenon, has grown both in the United States

Tort 50

A New Book on Defamation and Celebrity

Media Law Prof Blog

The concept of reputation is the central legal interest protected by the tort of defamation but David Rolph, University of Sydney, Faculty of Law, has published Reputation, Celebrity, and Defamation Law (Ashgate: 2008). Here is the introduction to the book.

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Australia's Defamation Laws

Media Law Prof Blog

David Rolph, University of Sydney Faculty of Law, has published "A Critique of the National, Uniform Defamation Laws," at 16 Torts Law Journal 207 (2008). The national, uniform defamation laws, which came into effect across Australia in 2006, represent the

Tort 40

Filtering Actions by Anti-Malware Software Provider Protected by CDA “Good Samaritan” Immunity

New Media and Technology Law

In the Armslist case, the Wisconsin Supreme Court ruled that CDA Section 230 barred tort claims against a classified advertising website where an individual purchased what turned out to be a murder weapon from a private seller. The plaintiff contended that the branding of its software as a PUP was inappropriate, and advanced claims under the Lanham Act and various state law business tort claims.

Rethinking the Use of Self-Help In the Internet Age

Media Law Prof Blog

Sharkey, New York University School of Law, has published "Trespass Torts and Self-Help for an Electronic Age," 45 Tulsa Law Review 101 (2010. Catherine M. Here is the abstract. Liability for trespass to chattels (or personal property) ensnares one who

Tort 48

The Tor Browser Afforded CDA Immunity for Dark Web Transactions

New Media and Technology Law

The outcome was not surprising, given that courts have previously dismissed tort claims against platforms or websites where illicit goods were purchased (such as the recent Armslist case decided by the Wisconsin Supreme Court where claims against a classified advertising website were deemed barred by the CDA). The District of Utah ruled in late May that Section 230 of the Communications Decency Act, 47 U.S.C. 230 (“CDA”) shields The Tor Project, Inc. (“Tor”),

Tort 43

Lex Machina Extends Its Analytics To Insurance Litigation

Media Law

Seven insurance damage types: Contract Damages, Restitution, Tort Damages, Emotional Distress Damages, Enhanced Damages,Punitive Damages and Approved Class Action Settlement.