Sunday, May 24, 2026

Le Havre Syllabus (Assignments)

Assignments:
(This post updated May 26 with guidance documents for arguments and negotiations.)

LESSON ONE

Introduction to American defamation and privacy torts, and offensive pleadings.

In advance of class:

  • Read 2 Tortz ch. 15(A), pp. 451-453 (“Origin of ‘Media Torts’”), and ch. 15(C)(1), pp. 535-536 (“Invasion of Privacy: Framework and Rules,” before subpart (a)) (2025 ed.). Then look over the common law of defamation as described in the  RED BOXES  on pages 454-462 (ch. 15(B)), and the common law of invasion of privacy as described in the  RED BOXES  on pages 536-540 (ch. 15(C)). We will examine the red-box content more closely together in class, but it will help if you’re not seeing it for the first time.

o   For our study, you may download only chapter 15 of Tortz volume 2 (2025 ed.):

✔  Here from Dropbox. A Dropbox account is not required. Look for "Continue without logging in."

✔  Or here from Google Drive. A Google account is required.

o   Not required, but if you like, all "red-box" texts from volumes 1 and 2 of Tortz (2025 ed.) are compiled in a document you may download: Dropbox, Google Drive.

o   Not required, but if you like, the entire book, volume 2 of Tortz (2025 ed., chs. 9-18), can be downloaded here at SSRN. An SSRN account may be required for download and is free to create.

o   Not required, but if you like, the entire book, volume 1 of Tortz (2025 ed., chs. 1-8), also can be downloaded here at SSRN.

Remember to bring a writing and sharing device to class!  You will receive further case facts for simulation in class. We will draft pleadings and exchange work.

For your later reference, these items we may use in class, but you do not have to review them in advance. 

LESSON TWO

First Amendment defense, and defensive pleadings and motions.

Whichever day we double up, remember to prepare two lessons.

In advance of class:

  • Watch the video assigned (and hyperlinked) in 2 Tortz ch. 15(B)(5)(a), p. 494 (“Sea Change: N.Y. Times v. Sullivan” Assignment, same as follows): N.Y. Times v. Sullivan Summary, Quimbee (July 12, 2017).
  • Read 2 Tortz ch. 15(B)(5)(a), pp. 495-497 (Sea Change: Notes and Questions).
  • Read St. Amant v. Thompson (U.S. 1964): Dropbox, Google Drive.
  • Watch the four videos assigned (and hyperlinked) in 2 Tortz ch. 15(C)(1)(c), pp. 585-586 (“Bollea” Assignment, regarding Bollea v. Gawker (Fla. Cir. Ct. 2016), same as below):

o   Hulk Hogan, Gawker’s Civil Trial Over Sex Tape Continues, ABC News (Mar. 18, 2016).

o   Testimony Gets Explicit at Hulk Hogan-Gawker Trial, CBS News (Mar. 8, 2016).

o   Hulk Hogan Awarded $115 Million in Gawker Sex Tape Lawsuit, ABC News (Mar. 19, 2016).

o   How the Hulk Hogan Lawsuit Against Gawker Explains Litigation Finance, Bloomberg TV (Feb. 3, 2020).

  • Read FRCivP 12 and 56, on pp. 35-39, and pp. 149-52.

For your later reference, these items we may use in class, but you do not have to review them in advance.

LESSON THREE

Pretrial discovery.

In advance of class:

  • Read 2 Tortz ch. 15(B)(5)(c), pp. 516-17, 525-535 (Reconsidering Sullivan (introduction only, omitting Berisha case); Problem: Greenberg v. Horizon; (Greenberg) Notes and Questions).
  • Read FRCivP 26(b) and 34, at pp. 76-81, and pp. 106-109.
  • Watch Five Tips to Prepare for Oral Argument, Harlan Institute (Oct. 4, 2024). Understand that we are studying motions practice in trial court, not appellate arguments, but the principles are the same.

LESSON FOUR

Motions arguments; other media torts. 

In advance of class, prepare motions arguments on assigned Case Studies. Here is a guidance document on skills and assessment for motions arguments:
     Dropbox     Google Drive

For your later reference, these items we may use in class, but you do not have to review them in advance.

LESSON FIVE

Anti-SLAPP, pretrial settlement negotiation; and final examination. 

In advance of class:

  • Watch the Global Law Classroom, “Principled Negotiation as Successful Negotiation,” by Prof. Jennifer Stevenson (Willamette University).
  • Prepare to negotiate the best possible outcome for your clients in assigned Case Studies. Key to negotiation is identifying the strengths and weaknesses of your client’s case, relative to the legal and practical issues we have covered.
  • Here is a guidance document on skills and assessment for settlement negotiations:
         Dropbox     Google Drive

For your later reference, these items we may use in class, but you do not have to review them in advance.

Final Examination

The exam may cover all assigned content and all in-class content.  The exam probably will comprise a multiple-choice section and an essay section; details to be announced.

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