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Untangling Defamation Law: Guideposts for Reform
Get PDFThis article, which is based on a keynote address given at the 2023 Missouri Law Review Symposium, addresses the past and predicted future of defamation law in hopes of galvanizing needed reforms. As a necessary backdrop, this article explains why today’s defamation law remains so complex, tracks reforms over the last half century, and explains why the common law of defamation has not adapted adequately to the challenges posed by cheap speech in the digital era. The article then turns to assessing the complaints of defamation law’s most prominent would-be reformers and finds them to rest on an incomplete understanding of how defamation law’s complex pieces contribute to the whole. Finally, after identifying some important barriers to defamation law reform, the article provides guideposts for the reform process
Fraudulent Fiancée: Protecting Healthcare Distributors Under a Stricter Causal Standard for Anti-Kickback Violations
No full textThe medical supplies and distribution market in the United States increased 5.4 percent in 2022. On its face, that percentage value may seem minuscule, but the figure’s significance skyrockets considering the market exceeds 1 trillion every year. Medical supplies distributors are an essential element of the behemoth that is the American healthcare market, and this industry bridges the gap between manufacturers and healthcare providers. Because these distributors play such a key role in the multi-billion-dollar market, these commercial organizations must comply with the federal government’s standards to receive funds
Analyzing the Anatomy of Innovative Investment Treaty Drafting: The Quest to Safeguard the Right to Regulate
Get PDFCompeting for the Starting Line: How Ombuds Programs Can Help Transgender Student Athletes Participate Under Various State Policies
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Risky Routes: Modified Personal Vehicles, Public Safety, and Postal Services Under the Federal Tort Claims Act
Get PDFWho says the holiday spirit ever goes out of season? It is beginning to look a lot like Christmas year-round on many doorsteps as packages from online retailers pile up, and postal carriers share an element of Santa’s stress: timely delivery. In 2021, the United States Postal Service (“USPS”) delivered roughly 128.9 billion pieces of mail across 233,171 mail routes. Demand for e-goods is at an all-time high, and the pressure to manage the demand might lead to a prioritization of success over safety. Unlike their urban counterparts, rural USPS offices are often unequipped to handle high volumes of delivery due to limited operating budgets and other financial strains. In an attempt to meet rising demand, rural postal carriers modify their personal vehicles for the job. These carriers often remove the driver’s seat and use a rigged pulley to convert a left-hand drive vehicle. Such modifications aim to reduce route times and eliminate difficulties accessing mailboxes. However, these changes are not without consequences: unapproved modifications to right or lefthanded vehicles simplify delivery, but they may do so at the expense of public safety for both rural carriers and other travelers
LEN RISKIN PULLS IT ALL TOGETHER IN MANAGING CONFLICT MINDFULLY
Get PDFThis post describes Len Riskin’s impressive career and summarizes themes in his book, Managing Conflict Mindfully: Don’t Believe Everything You Think. He argues that people can wisely manage conflict by learning to use and integrate three sets of ideas and techniques – negotiation, mindfulness, and internal family systems (IFS). You can think of IFS as the conversation or negotiation between different voices in our heads. Rather than conceiving people as having only a single “unitary” self, IFS recognizes the “multiplicity” of our selves
Unreasonable Royalty: Realigning Economic Incentives Involving Innovation in the Age of Patent Assertion Entities
Get PDFPatent litigation is a high-stakes endeavor when jury verdicts can be in the hundreds of millions or even billions. With this much at stake, the judicial system is ripe for abuse by parties that aren’t inventors or producers: nonpracticing entities. Various steps have been taken to mitigate or discourage the gaming of the system but have not been successful for various reasons. This Article proposes the novel solution of incorporating a federal damages cap into 35 U.S.C. § 284 to shift the underlying economic incentives toward innovation. After discussing some likely challenges to the proposal, this Article concludes that the damages cap would shift the underlying economic incentives to practicing entities, reduce deadweight loss to society, allocate resources more effectively, and create a net societal gain