Academic journal article Defense Counsel Journal

Reviewing the Law Reviews

Academic journal article Defense Counsel Journal

Reviewing the Law Reviews

Article excerpt

Law Review Highlights:

The tort of defamation is one with a long tradition in common law. That history itself has made the cause of action one of the most complicated torts. Concerns about how the common law requirements of the tort work in conjunction with the First Amendment have made the elements difficult to understand and their application equally difficult to predict. The current proliferation of Internet sites that solicit comments and opinions on every subject under the sun has added to the complication, as people feel free to post potentially defamatory information anonymously. Two articles look at defamation law and its application in online and other media settings. One addresses the tort in the context of criticism of physicians on the Internet. The other looks at the classification--for defamation purposes--of high school athletes who are moving into the high profile realm of college sports.

Jeffrey Segal, Michael J. Sacopulos, and Domingo J. Rivera consider the problems of defamation claims for physicians and other health care providers who are libeled online) Their article looks first at the current state of defamation law, exploring its deficiencies at protecting physicians who are unfairly criticized by patients online. Defamation, which looks at behavior after-the-fact, is a difficult claim to sustain for physicians because most of what is posted online is opinion and does not rise to the level necessary to prove defamation in spite of the damage such posts often do to reputations. To protect physicians and others in the health care profession, the authors propose a contractual relationship between doctors and patients that would regulate patient comments online. They believe this would serve as more deterrence for online libel than the current method of filing a defamation suit.

In a student article, John G. Long considers the impact the Internet has had on bringing previously little-known high school athletes into the spotlight as they make decisions about their college careers. (2) The article looks in depth at the distinction between public figures and private figures in defamation law before proposing that some elite high school athletes may qualify as "limited purpose" public figures. Because of their increased access to--and use of--the media due to intensified interest in high school sports as they relate to college teams, these teenagers may be placing themselves in positions that will make defamation more difficult to prove.

The following list is a selective bibliography of current law review literature thought to be of interest to civil defense counsel.

Damages

Edward D. Cavanagh, Detrebling Antitrust Damages in Monopolization Cases, 76 ANTITRUST L.J. 97 (2009).

John Y. Gotanda, The Unpredictability Paradox: Punitive Damages and Interest in International Arbitration, 10 J. WORLD INVESTMENT & TRADE 553 (2009).

Jindrich Kloub, White Paper on Damage Actions for Breach of the EC Antitrust Rules: Plea for a More Holistic Approach to Antitrust Enforcement, 5 EUR. COMPETITION J. 515 (2009).

Shmuel Leshem and Geoffrey P. Miller, All-or-Nothing Versus Proportionate Damages, 38 J. LEGAL STUD. 345 (2009).

Matt Lynde et al., The Shifting Sands of Price Erosion: Price Erosion Damages Shift by Tens of Millions of Dollars Depending upon the Admissibility of Pre-Notice Eroded Prices, 25 SANTA CLARA COMPUTER & HIGH TECH. L.J. 723 (2009).

Steven P. Nonkes, Note, Reducing the Unfair Effects of Nonmutual Issue Preclusion Through Damages Limits, 94 CORNELL L. REV. 1459 (2009).

Jason N.E. Varuhas, A Tort-Based Approach to Damages Under the Human Rights Act 1998, 72 MOD. …

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