Reviewing the law reviews.

• Author: Youngdale, Elizabeth M.

Law Review Highlights:

The integration of the Internet into almost every aspect of daily life has presented a challenge in applying traditional areas of law to new and previously unheard of situations. Two articles look specifically at the application of tort law to issues raised by Internet usage.

In her article The Taming of the Internet: A New Approach to Third-Party Internet Defamation, (1) Amanda Groover Hyland considers the interpretation of section 230 of the Communications Decency Act as it is applied to website operators in shielding them from liability for republishing defamatory speech. While the plain language of the provision shields operators from publisher liability, one case (2) has interpreted the section to protect operators from distribution liability as well. The article examines the implications of this interpretation of the statutory language in the context of the First Amendment and policy objectives and proposes a new approach for dealing with defamation suits against interactive website operators.

A second article, Has the Interactivity of the Internet Opened the Door to Tort Liability?: An Analysis of the Potential Tort Liability for Viral Video Contests, (3) examines the possible liability of "stunt site" operators for injuries that occur in the making of extreme videos. The author argues that such sites should be held liable for negligence claims. The article addresses limitations the First Amendment might place on a cause of action for harm arising because of these kinds of contests. It also looks at parties that might be involved, including children and third parties. Finally, the author considers jurisdictional concerns that arise because these sites are accessible around the world.

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

U.S. and International

Damages

Tyler J. Bowles, Employment Discrimination: Distinguishing Between Equitable Remedies and Compensatory Damages, 15 J. LEGAL ECON. 11 (2008).

Bryan Boyle, Note, Private Damages for Immigration Violations: A Reality for the U.S., a Possibility for the E.U., 7 WASH. U. GLOBAL STUD. L. REV. 569 (2008).

J.W. Carter & Elisabeth Peden, Damages Following Termination for Repudiation: Taking Account of Later Events, 24 J. CONT. L. 145 (2008).

Christopher R. Green, Punishing Corporations: The Food-Chain Schizophrenia in Punitive Damages and Criminal Law, 87 NEB. L. REV. 197 (2008).

Melissa Neiman, Motorcycle Helmet Laws: The Facts, What Can Be Done to Jump-Start Helmet Use, and Ways to Cap Damages, 11 J. HEALTH CARE L. & POL'Y 215 (2008).

Joseph Sanders, Reforming General Damages: A Good Tort Reform, 13 ROGER WILLIAMS U. L. REV. 115 (2008).

Alessandro Sarra & Alessandro Marra, Are Monetary Incentives Enough to Boost Actions for Damages in the European Union? On the Relevance of...