Trends in Defamation Law: Let the Advisor Beware

Abstract

Although most lawsuits brought by students against the institution are grounded upon contract and due process theories, the courts have exhibited a willingness to consider students' suits using tort theories when the students allege claims of defamation. This article examines not only lawsuits where students have sued the institution for defamation but also examines recent changes in the law of defamation that have engendered an increase in litigation and an increase in the liability for faculty and advisors.