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Civil Litigation

Jul. 23, 2013

Passive court review and the proposed Facebook settlement

Federal courts are passive officials sitting before contending parties. We assume that the proper precedent or ruling will come from the range of advocacy the parties provide.

Robert C. Fellmeth

Price Professor of Public Interest Law
University of San Diego School of Law

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Federal courts are passive officials sitting before contending parties. We assume that the proper precedent or ruling will come from the range of advocacy the parties provide.

Enter Fraley v. Facebook, a case brought by a class of Facebook users, including millions of children age 13 to 18. The class seeks damages for alleged improper use of names and photos for "sponsored stories" - Facebook's practice of publishing to one's "friends" a commercial endorsement of some sort...

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