Privacy Torts

01/21/20 • 34 min

In this episode...
Professor Amy Gajda, the Class of 1937 Professor of Law at Tulane Law School explains the four privacy torts and shares discusses the likely impact of recent cases including Bollea v. Gawker (The Hulk Hogan Case).
Some key takeaways are...
The Privacy Rights are

Misappropriation - use of another's name or identity without permission.
Intrusion into seclusion - peering in on someone who is in seclusion.
Publication of private facts (the gossip tort) publishing of private information about another person that is highly offensive and not newsworthy.
False Light - which is similar to the tort of defamation and not accepted in all jurisdictions.

About our guest...
Amy Gajda is recognized internationally for her expertise in privacy, media law, torts, and the law of higher education; her scholarship explores the tensions between social regulation and First Amendment values.

Gajda’s first book, The Trials of Academe (Harvard 2009), examines public oversight of colleges and universities and its impact on academic freedom. Her later work draws on insights from her many years as an award-winning journalist and focuses on the shifting boundaries of press freedoms, particularly in light of the digital disruption of traditional media and rising public anxieties about the erosion of privacy. Her second book, The First Amendment Bubble: How Privacy and Paparazzi Threaten a Free Press (Harvard 2015), explores these boundaries in the context of judicial oversight of journalistic news judgment. Gajda is presently at work on a third book, The Secret History of the Right to Privacy, under contract with Viking and slated to be published in 2021. Her upcoming book, tentatively titled The Secret History of the Right To Privacy will be published by Viking Press.
In Fall 2019, the American Law Institute appointed her to serve as an Adviser for its new Restatement on Defamation and Privacy, a multi-year project that begins in 2020.
You can hear Professor Gajda's take on the Hulk Hogan case, and its fallout, by clicking here.
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Misappropriation - use of another's name or identity without permission.
Intrusion into seclusion - peering in on someone who is in seclusion.
Publication of private facts (the gossip tort) publishing of private information about another person that is highly offensive and not newsworthy.
False Light - which is similar to the tort of defamation and not accepted in all jurisdictions.

Previous Episode

Model Rule 1.6(b) Meets Climate Change

In this episode...
Professor Victor Flatt, the Dwight Olds Chair in Law at The University of Houston Law Center and the 2019 Haub School of Law at Pace University Visiting Scholar, explains the requirements of Model Rule of Professional Responsibility 1.6(b), which permits attorneys to disclose information to prevent death or serious bodily harm and how bar associations can use the rule to prevent further climate change. He presents his theory in his most recent article, Disclosing the Danger: State Attorney Ethics Rules Meet Climate Change, to be published in the Utah Law Review.
About our guest...
Professor Victor B. Flatt returned to the University of Houston in 2017 as the Dwight Olds Chair in Law and the Faculty Director of the Environment, Energy, and Natural Resources (EENR) Center. He also holds an appointment as a Distinguished Scholar of Carbon Markets at the University of Houston’s Global Energy Management Institute. He was previously the inaugural O’Quinn Chair in Environmental Law at UHLC from 2002-2009.
Professor Flatt is a recognized expert on environmental law, climate law, and energy law. His research focuses on environmental legislation and enforcement, with particular expertise in the Clean Air Act and NEPA. He is co-author of a popular environmental law casebook, and has authored more than 40 law review articles, which have appeared in journals such as the Notre Dame Law Review, Ecology Law Quarterly, Washington Law Review, Houston Law Review and the Carolina Law Review. Six of his articles have been recognized as finalists or winner of the best environmental law review article of the year, and one was recognized by Vanderbilt University Law School and the Environmental Law Institute as one of the three best environmental articles of 2010, leading to a seminar and panel on the article in a Congressional staff briefing.
Professor Flatt has served on the AALS sub-committees on Natural Resources and Environmental Law and was chair of the AALS Teaching Methods Section. He has served on many other boards and committees in his career including the national board of Lambda Legal, and the Law School Admission Council’s Gay and Lesbian Interests section. He is currently on the Advisory Board of CE3, a member of the ABA’s Section on Environment, Energy, and Natural Resources Law Congressional Liaison Committee, and a member scholar of the Center for Progressive Reform.
Law to Fact is a podcast about law school for law school students.
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As always, if you have any suggestions for an episode topic, please let us know!
You can email [email protected] or tweet @lawtofact.
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Find us on Twitter, Instagram, and Facebook!
Review us on iTunes, your opinion matters!
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Want to stay updated on all things Law to Fact?
Join our mailing list by visiting www.LawToFact.com.
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Next Episode

Writing a Law School Scholarly Article

In this episode...
We speak with Sarah Morath, Clinical Associate Professor, Director of Lawyering Skills and strategies at The University of Houston Law Center, about drafting a scholarly article. Most law schools have an upper-level writing requirement. Expert Sarah Morath provides valuable insights to help you get the job done right!!
Some key takeaways...

Scholarly articles must have a legal "so what." Be careful not to write an undergraduate thesis.
Footnotes for law review articles are different from those in a memorandum of law or appellate brief. Use the main part of the Bluebook for reference.
Pick a topic that interests you, you will be with the topic for a long time.

Law to Fact is a podcast about law school for law school students.
-
As always, if you have any suggestions for an episode topic, please let us know!
You can email [email protected] or tweet @lawtofact.
-
Find us on Twitter, Instagram, and Facebook!
Review us on iTunes, your opinion matters!
-
Want to stay updated on all things Law to Fact?
Join our mailing list by visiting www.LawToFact.com.
-

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