37 research outputs found

    The Fallacy of Full Compensation

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    Parts II and III discuss the practical problem with prohibitory remedies, that they are in fact inadequate to the tasks the critics have posited for them. Parts IV and V present the normative justification for a remedial system that relegates prohibitory remedies, and thus full compensation, to a secondary role

    Republication Liability on the Web

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    The tort of defamation evolved in an era where defamatory speech was published in books, magazines, newspapers, or other printed documents. The doctrines that are antecedent to the tort, such as publication, fault, defamation per se, presumed damages, and republication liability, similarly presumed that most defamation would appear in written form in a published work. Similarly, the significant limitations on defamation liability that were produced by a succession of Supreme Court constitutional precedent, including restrictions on prior restraint, heightened fault standards, expanded “public” classes, the “fact/opinion” dichotomy, and the “truth/substantial truth” burden shifting, also were based on a publishing world in which defamatory statements would most likely appear in traditional printed form

    The Politics of Miranda

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    The Manly Sports: The Problematic Use of Criminal Law to Regulate Sports Violence

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    The Politics of Miranda

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    Foot Faults in Crunch Time: Temporal Variance in Sports Law and Antitrust Regulation

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