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Friday, May 23, 2025

More on Burton

To answer some of Howard's questions:

  1. Hand did not include the ad in his opinion. I'm not sure that was technologically possible then. How would that go over today? I'm not sure. Though I must say that the opinion is rather opaque without seeing the ad.
  2. I don't think the case would come out differently after Sullivan, though perhaps as you say in point #4, false light would be the better theory now.
  3. No.

On the question of whether teaching the case might generate student criticism, we'll find out in the Fall. 

Posted by Gerard Magliocca on May 23, 2025 at 11:10 AM | Permalink

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