Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Wednesday, November 30, 2005

Be Careful What You Write -- A Wake Up Call for Writers of Law Review Articles

It seems a person may be sued for virtually anything but generally authors of articles in law reviews felt safe that they could express their opinions without fear of litigation. 

Recently, however, there is an enhanced likelihood that unhappy readers may sue the writers.  In additional, law schools may distance themselves from the professor whose article triggered the lawsuit and not assist the professor in paying for a defense.

For a recent example, see Scott Jaschik, Twisting in the Wind, Inside Higher-Ed, Nov. 30, 2005.  As described on the Tax Prof Blog:

Merle Weiner (Oregon) published Strengthening Article 20, 38 U.S.F. L. Rev. 701 (2004), which argues that Article 20 of the Hague Convention on the Civil Aspects of International Child Abduction should be strengthened to offer more protection for domestic violence victims who flee transnationally with their children as part of their effort to escape from domestic violence.  The article made two brief references to a court dispute in one such case and one of the parties to that dispute threatened to sue.


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