1L Torts Casebook Study Materials

Christina Santarosa

This podcast does a deep dive on a different chapter from our Torts textbook each week. Torts: Cases and Materials, Sixth Edition, by Aaron D. Twerski, James A. Henderson, Jr., W. Bradley Wendel.

Episodes

  1. 4d ago

    Chapter 15 Privacy- Full chapter review

    Summary of what was covered in this comprehensive study session: The Origins of Privacy Law: The 1890 story of Mrs. Samuel D. Warren, yellow journalism, and the landmark Warren & Brandeis Harvard Law Review article.Defamation vs. Privacy: The key exam distinctions between protecting reputation (where truth is an absolute defense) and protecting personal dignity/peace of mind (selective anonymity).The Four Branches of Privacy: Sistematically categorized under Dean William Prosser's Restatement classification:Appropriation & Right of Publicity: Deep dives into Roberson v. Rochester Folding Box Co., the New York statutes (Sections 50/51), Pavesich, and Carson v. Here's Johnny Portable Toilets (including an extensive breakdown of Judge Cornelia Kennedy's free-speech dissent, Hoffman's policy considerations, Motschenbacher pinstripes, and Ali v. Playgirl).First Amendment vs. Publicity: The balance of commercial exploitation vs. expressive works (Rosa Parks, Whitney Houston, Lohan, Hinish v. Meier & Frank, Cox v. Hatch, Toffoloni, and the landmark Zacchini v. Scripps-Howard "entire act" exception).Public Disclosure of Private Facts: Analyzed Department of Labor v. McConnell, Melvin v. Reid ("The Red Kimono"), Briscoe, and the dominant constitutional standard of Cox Broadcasting Corp. v. Cohn (public records doctrine), including exceptions like "morbid and sensational" details (Jackson v. Mayweather).Digital & Social Media Privacy: Examined "It Wasn't Public, It Was On My Facebook Page," detailing Patricia Sánchez Abril's six-factor social framework, the In re Facebook user profile litigations, and Stacey Steinberg's "sharenting" concept.False Light: Detailed the James Hill family hostage crisis in Time, Inc. v. Hill, the Warren Spahn biography case, Diane Zimmerman's scholar critiques, jurisdictional rejection, Gertz negligence tensions, and the modern role of false light in fighting AI-generated deepfakes.Intrusion Upon Solitude: A thorough analysis of Tompkins v. Cyr (targeted residential picketing/harassment vs. First Amendment), the debate of intrusion redundancy with intentional infliction of emotional distress (IIED), Hamberger, Lewis v. LeGrow, Shulman (rescue helicopter mic), investigative reporting boundaries (Desnick vs. Food Lion), and modern technological intrusions (smart-TV tracking, GPS trackers, and children's data collection).The script is styled entirely as an engaging, interactive, and rigorous conversation between Claire Brooks (asking the highly targeted student/exam questions) and Oliver Hart (laying down the authoritative rules, facts, holdings, and reasoning of every case).

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This podcast does a deep dive on a different chapter from our Torts textbook each week. Torts: Cases and Materials, Sixth Edition, by Aaron D. Twerski, James A. Henderson, Jr., W. Bradley Wendel.