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Monday, March 31, 2014

UC Hastings CLQ Editor Cited in Federal District Court

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“I was inspired to write this Note because I was interested in the effects of defamation suits on speech." - 3L Ameet Nagra

One of Hastings Constitutional Law Quarterly's student notes, written by 3L Ameet Nagra, has been cited by a federal district court. The citation is: Critical Care Diagnostics, Inc. v. American Association for Clinical Chemistry, Inc., 2014 WL 634206, at *5.

Inspired by Effects of Defamation Suits on Speech

“I was inspired to write this Note because I was interested in the effects of defamation suits on speech,” says Nagra. “Last January, I read about Professor Kramer, a law school professor and dean at Sandra Day O’Connor College of Law, who faced a defamation lawsuit as a result of a journal article he wrote. I had an interesting discussion about it with Professor Evan Lee. After, I knew I wanted to research and write on how defamation lawsuits affect scholars. I realized the quality and access of scholarship would be diminished if individuals had to worry about being sued for what they research and wrote. As a future lawyer, my access to important information could be limited.”

“Ameet's Note was selected through a highly competitive process for publication in the Hastings Constitutional Law Quarterly because of its originality, clarity, and most of all, for its likelihood to impact both academia and future jurisprudence,” says Dustin Ingraham, Hastings CLQ Editor-in-Chief, Vol. 41. “The fact that a district court judge was influenced and informed by the ideas advanced in her Note confirms that this is a forward-looking and influential piece of scholarship, and we are very proud to include it in our forty-first volume.”

“One of the Best Moments of my Law School Career”

“When I found out my Note had been cited by a district court,” says Nagra, “I was in disbelief. Critical Care Diagnostics v. American Ass’n for Clinical Chemistry Inc. was very similar to several cases I studied while writing my Note. Plaintiff company was suing a peer-reviewed journal because the article it published had a negative effect on the plaintiff’s product. I was really excited once I finished reading the decision. Judge Lorenz cited my Note to support a result I had advocated for in my Note: using California’s common interest privilege to protect scholarly speech. This was one of the best moments of my law school career.”

Read the Note

Hastings Constitutional Law Quarterly

The Hastings Constitutional Law Quarterly publishes four issues per year. The Quarterly is the nation's oldest law journal devoted exclusively to constitutional law, and each annual volume contains approximately twelve scholarly Articles and twelve academic Notes. Online: www.hastingsconlawquarterly.org.

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