Landmark Cases in Defamation Law

Landmark Cases in Defamation Law

Author: David Rolph

Publisher: Bloomsbury Publishing

Published: 2019-08-22

Total Pages: 278

ISBN-13: 1509916741

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Landmark Cases in Defamation Law is a diverse and engaging edited collection that brings together eminent scholars from the United Kingdom, the United States, Australia, Canada and New Zealand to analyse cases of enduring significance to defamation law. The cases selected have all had a significant impact on defamation law, not only in the jurisdiction in which they were decided but internationally. Given the formative influence of English defamation law in the United States, Australia, Canada and New Zealand, the focus is predominantly on English cases, although decisions of the United States and Australia are also included in the collection. The authors all naturally share a common interest in defamation law but bring different expertise and emphasis to their respective chapters. Among the authors are specialists in tort law, legal history and internet law. The cases selected cover all aspects of defamation law, including defamatory capacity and meaning; practice and procedure; defences; and remedies.


Reckless Disregard

Reckless Disregard

Author: Eric P. Robinson

Publisher: LSU Press

Published: 2018-12-12

Total Pages: 289

ISBN-13: 0807170178

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In the years following the landmark United States Supreme Court decision on libel law in New York Times v. Sullivan, the court ruled on a number of additional cases that continued to shape the standards of protected speech. As part of this key series of judgments, the justices explored the contours of the Sullivan ruling and established the definition of “reckless disregard” as it pertains to “actual malice” in the case of St. Amant v. Thompson. While an array of scholarly and legal literature examines Sullivan and some subsequent cases, the St. Amant case—once called “the most important of the recent Supreme Court libel decisions”—has not received the attention it warrants. Eric P. Robinson’s Reckless Disregard corrects this omission with a thorough analysis of the case and its ramifications. The history of St. Amant v. Thompson begins with the contentious 1962 U.S. Senate primary election in Louisiana, between incumbent Russell Long and businessman Philemon “Phil” A. St. Amant. The initial lawsuit stemmed from a televised campaign address in which St. Amant attempted to demonstrate Long’s alleged connections with organized crime and corrupt union officials. Although St. Amant’s claims had no effect on the outcome of the election, a little-noticed statement he made during the address—that money had “passed hands” between Baton Rouge Teamsters leader Ed Partin and East Baton Rouge Parish deputy sheriff Herman A. Thompson—led to a defamation lawsuit that ultimately passed through the legal system to the Supreme Court. A decisive step in the journey toward the robust protections that American courts provide to comments about public officials, public figures, and matters of public interest, St. Amant v. Thompson serves as a significant development in modern American defamation law. Robinson’s study deftly examines the background of the legal proceedings as well as their social and political context. His analysis of how the Supreme Court ruled in this case reveals the justices’ internal deliberations, shedding new light on a judgment that forever changed American libel law.


Landmark Cases in Defamation Law

Landmark Cases in Defamation Law

Author: David Rolph

Publisher: Bloomsbury Publishing

Published: 2019-08-22

Total Pages: 279

ISBN-13: 1509916717

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Landmark Cases in Defamation Law is a diverse and engaging edited collection that brings together eminent scholars from the United Kingdom, the United States, Australia, Canada and New Zealand to analyse cases of enduring significance to defamation law. The cases selected have all had a significant impact on defamation law, not only in the jurisdiction in which they were decided but internationally. Given the formative influence of English defamation law in the United States, Australia, Canada and New Zealand, the focus is predominantly on English cases, although decisions of the United States and Australia are also included in the collection. The authors all naturally share a common interest in defamation law but bring different expertise and emphasis to their respective chapters. Among the authors are specialists in tort law, legal history and internet law. The cases selected cover all aspects of defamation law, including defamatory capacity and meaning; practice and procedure; defences; and remedies.


Defamation Law in Australia

Defamation Law in Australia

Author: Patrick Thomas George

Publisher:

Published: 2012

Total Pages: 666

ISBN-13: 9780409326437

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Read the review first published in Ethos - Journal of the ACT Law Society.Read the review first published in the Law Institute Journal - Law Institute of Victoria .The law of defamation strikes a delicate balance between the rights of freedom of speech and protection of reputation. In Australia there is no general right to publish statements freely and without inhibition. Defamation Law in Australia is an essential reference work for not only legal practitioners, but also publishers, journalists and students of this area of law. Following the introduction of the Defamation Act 2005, defamation law is now substantially uniform. The provisions of the Defamation Act 2005 are identified and explained and important topics such as reputation and freedom of speech are explored. A full reproduction of the Defamation Act 2005 is provided in an Appendix, together with a Comparative Table of Defamation Statutes, contrasting the previous legislation with the new Act.This second edition has been completely revised to reflect changes to legislation and case law, including an analysis of major High Court and Court of Appeal decisions relating to defences of truth, common law qualified privilege and fair comment. It addresses new developments in invasion of privacy law in Australia and explores topical issues such as the procedure to identify publishers of online defamatory material.


Landmark Cases in Intellectual Property Law

Landmark Cases in Intellectual Property Law

Author: Jose Bellido

Publisher: Bloomsbury Publishing

Published: 2017-09-07

Total Pages: 411

ISBN-13: 1509904689

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This volume explores the nature of intellectual property law by looking at particular disputes. All the cases gathered here aim to show the versatile and unstable character of a discipline still searching for landmarks. Each contribution offers an opportunity to raise questions about the narratives that have shaped the discipline throughout its short but profound history. The volume begins by revisiting patent litigation to consider the impact of the Statute of Monopolies (1624). It continues looking at different controversies to describe how the existence of an author's right in literary property was a plausible basis for legal argument, even though no statute expressly mentioned authors' rights before the Statute of Anne (1710). The collection also explores different moments of historical significance for intellectual property law: the first trade mark injunctions; the difficulties the law faced when protecting maps; and the origins of originality in copyright law. Similarly, it considers the different ways of interpreting patent claims in the late nineteenth and twentieth century; the impact of seminal cases on passing off and the law of confidentiality; and more generally, the construction of intellectual property law and its branches in their interaction with new technologies and marketing developments. It is essential reading for anyone interested in the development of intellectual property law.


International Libel and Privacy Handbook

International Libel and Privacy Handbook

Author: Charles J. Glasser, Jr.

Publisher: John Wiley & Sons

Published: 2013-01-31

Total Pages: 594

ISBN-13: 1118420497

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An indispensable survival guide for anyone in the media industry and the lawyers who serve them Especially now, in an age of instant global access through digital media, it is vitally important that journalists, authors and publishers, as well as the lawyers who serve them, be fully up on the laws governing media, worldwide. The ultimate resource for all the media content providers and purveyors, this fully updated and expanded Third Edition of the critically-acclaimed handbook offers you instant access to relevant libel and privacy laws and important legal rulings in the Europe, Asia, the Middle East and the Americas. It clearly and concisely explains risks publishers should know about prior to publication, steps they can take in order to avoid legal conflicts, and legal defences available to them in the event of a claim. Offers nation-by-nation summaries of libel and privacy law written by local practitioners in an easy-to-use reference format Expanded to include coverage of important emerging territories--Mexico, Israel, and Argentina, et al--as well as the latest libel and privacy rulings Features new chapters on emerging media markets--including Israel, Mexico, Argentina, Jordan, and others--as well as valuable updates to the Middle East section Provides updates on all major media markets and nations, along with coverage of changes in libel laws in key jurisdictions, including Australia, the UK, Hungary and Germany


Landmark Cases in the Law of Contract

Landmark Cases in the Law of Contract

Author: Charles Mitchell

Publisher: Bloomsbury Publishing

Published: 2008-05-30

Total Pages: 380

ISBN-13: 1847317103

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Landmark Cases in the Law of Contract offers twelve original essays by leading contract scholars. As with the essays in the companion volume, Landmark Cases in the Law of Restitution (Hart, 2006) each essay takes as its focus a particular leading case, and analyses that case in its historical or theoretical context. The cases range from the early eighteenth- to the late twentieth-centuries, and deal with an array of contractual doctrines. Some of the essays call for their case to be stripped of its landmark status, whilst others argue that it has more to offer than we have previously appreciated. The particular historical context of these landmark cases, as revealed by the authors, often shows that our current assumptions about the case and what it stands for are either mistaken, or require radical modification. The book also explores several common themes which are fundamental to the development of the law of contract: for instance, the influence of commercial expectations, appeals to 'reason' and the significance of particular judicial ideologies and techniques.


Landmark Cases in Equity

Landmark Cases in Equity

Author: Charles Mitchell

Publisher: Bloomsbury Publishing

Published: 2012-07-06

Total Pages: 750

ISBN-13: 1847319742

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Landmark Cases in Equity continues the series of essay collections which began with Landmark Cases in the Law of Restitution (2006) and continued with Landmark Cases in the Law of Contract (2008) and Landmark Cases in the Law of Tort (2010). It contains essays on landmark cases in the development of equitable doctrine running from the seventeenth century to recent times. The range, breadth and social importance of equitable principles, as these affect commercial, domestic and even political matters are well known. By focusing on the historical development of these principles, the essays in this collection help us to understand them more clearly, and also provide insights into the processes of legal change through judicial innovation. Themes addressed in the essays include the nature of the courts' equitable jurisdiction, the development of property rights in equity, constraints on the powers of settlors to create express trusts, the duties of trustees and other fiduciaries, remedies for breach of these duties, and the evolution of constructive and resulting trusts.


Landmark Cases in the Law of Tort

Landmark Cases in the Law of Tort

Author: Charles Mitchell

Publisher: Bloomsbury Publishing

Published: 2010-02-18

Total Pages: 400

ISBN-13: 1847315674

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Landmark Cases in the Law of Tort contains thirteen original essays on leading tort cases, ranging from the early nineteenth century to the present day. It is the third volume in a series of collected essays on landmark cases (the previous two volumes having dealt with restitution and contract). The cases examined raise a broad range of important issues across the law of tort, including such diverse areas as acts of state and public nuisance, as well as central questions relating to the tort of negligence. Several of the essays place cases in their historical context in ways that change our understanding of the case's significance. Sometimes the focus is on drawing out previously neglected aspects of cases which have been – undeservedly – assigned minor importance. Other essays explore the judicial methodologies and techniques that worked to shape leading principles of tort law. So much of tort law turns on cases, and there are so many cases, that all but the most recent decisions have a tendency to become reduced to terse propositions of law, so as to keep the subject manageable. This collection shows how important it is, despite the constant temptation to compression, not to lose sight of the contexts and nuances which qualify and illuminate so many leading authorities.


Theodore Roosevelt for the Defense

Theodore Roosevelt for the Defense

Author: Dan Abrams

Publisher: Hanover Square Press

Published: 2021-04-27

Total Pages: 352

ISBN-13: 9781335629012

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A President on Trial. A Reputation at Stake. Dan Abrams and David Fisher take us inside the courtroom to witness the epic case that would define Theodore Roosevelt's legacy. The former president had accused the leader of the Republican Party of corruption, setting off a trial that caught the attention of the nation. But the key to the trial would be Theodore Roosevelt's own testimony, which would lay bare the very secrets of America's political system.