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Full-Text Articles in Law
Reparations Talk In College, Alfred L. Brophy
Reparations Talk In College, Alfred L. Brophy
Michigan Journal of Race and Law
Review of Uncivil Wars: The Controversy Over Reparations for Slavery by David Horowitz
Covering Women And Violence: Media Treatment Of Vawa's Civil Rights Remedy, Sarah F. Russell
Covering Women And Violence: Media Treatment Of Vawa's Civil Rights Remedy, Sarah F. Russell
Michigan Journal of Gender & Law
This Article analyzes how newspapers described and characterized the civil rights provision over the past decade and shaped the public discourse about the law. The author examines how lower federal courts, and eventually the Supreme Court, categorized the VAWA remedy when deciding whether Congress had acted within its commerce powers. After considering why there may have been resistance in the press and in the courts to VAWA's categorization of violence against women as a civil rights issue, the author concludes by examining the remedies that have been introduced at the state and local level for victims of gender-motivated violence, and …
Over The Wire And On Tv: Cbs And Upi In Campaign '80, Michigan Law Review
Over The Wire And On Tv: Cbs And Upi In Campaign '80, Michigan Law Review
Michigan Law Review
A Review of Over the Wire and On TV: CBS and UPI in Campaign '80 by Michael J. Robinson and Margaret A. Sheehan
The Doctrine Of Prior Restraint Since The Pentagon Papers, James L. Oakes
The Doctrine Of Prior Restraint Since The Pentagon Papers, James L. Oakes
University of Michigan Journal of Law Reform
The purpose of this speech is to examine how the doctrine against prior restraint has evolved since the Pentagon Papers case. I intend to demonstrate that while traditional antipathy to prior restraint has for the most part remained strong, several recent cases foreshadow a dangerous expansion of well-established exceptions to the doctrine. To understand fully the significance of these recent cases, I will begin this lecture with a general discussion of the historical origins of the doctrine against prior restraint. I will then proceed with a critical overview of the landmark Pentagon Papers case, more formally called New York Times …
The Power Of The Fcc To Regulate Newspaper-Broadcast Cross-Ownership: The Need For Congressional Clarification, Michigan Law Review
The Power Of The Fcc To Regulate Newspaper-Broadcast Cross-Ownership: The Need For Congressional Clarification, Michigan Law Review
Michigan Law Review
The controversy surrounding the FCC's Second Report and . Order, its appeal, and the subsequent decision in NCCB raises basic questions concerning the statutory authority of the FCC to promulgate rules concerning newspaper-broadcast cross-ownership. This Note suggests that the FCC, notwithstanding judicial affirmation in NCCB of the Commission's authority to adopt such rules, might well be exercising more authority than Congress intended it to possess under the Communications Act of 1934. This Note therefore concludes that, irrespective of the merits of the Second Report and Order, Congress should reexamine and clarify the scope of the FCC's power in this regard.
Tort Liability Of A University For Libelous Material In Student Publications, Michigan Law Review
Tort Liability Of A University For Libelous Material In Student Publications, Michigan Law Review
Michigan Law Review
While attention will occasionally be drawn to the impact of the New York Times privilege, this Note largely assumes that a defamed plaintiff is capable of overcoming the constitutional barriers imposed by New York Times and its progeny. In other words, the assumption is made that libelous statements either fall outside the constitutional privilege or that the plaintiff can demonstrate actual malice in the student authors or editors. The Note will analyze the traditional theories which may be invoked to establish the university's liability for defamatory material in student publications. First, a range of student newspaper-university relationships will be examined …
The Newsman's Privilege: An Empirical Study, Vince Blasi
The Newsman's Privilege: An Empirical Study, Vince Blasi
Michigan Law Review
Today, the statutory, common-law, and constitutional aspects of the long-dormant problem are being re-examined by many legislators, judges, and academicians. The Supreme Court is scheduled to address the constitutional question some time this term. I propose to enter this fray. In this article, I will report the results of an empirical survey that I have undertaken. In subsequent articles, I will analyze the eighteen state statutes that grant newsmen a privilege, consider whether protection for the reporter-news source relationship is compelled by existing common-law principles, and address the question whether a newsman's privilege is properly to be inferred from the …
Libel And Slander - Secondary Publication Of News Item Received From Reliable Agency, Collins E. Brooks
Libel And Slander - Secondary Publication Of News Item Received From Reliable Agency, Collins E. Brooks
Michigan Law Review
Defendant published a news item to the effect that plaintiff had been adjudged guilty of "martial misconduct" in a divorce action. The information had been obtained from a reliable news agency, but was, in fact, false. Held, defendant was liable. The fact that the item was obtained from a reliable news-gathering agency, and published in good faith in the ordinary course of business, while sufficient to preclude the award of punitive damages, did not justify or excuse the publication, nor prevent the recovery of compensatory damages. Szalay v. New York American, Inc., (App. Div. 1938) 4 N. Y. …
Libel - Plaintlff's Portrait-Story Concerning Another
Libel - Plaintlff's Portrait-Story Concerning Another
Michigan Law Review
Defendant published in a newspaper the picture of the plaintiff, Alta Woolf, under the headline, "Sued for Balm," and above a caption to the effect that "Mrs. Ruth Felgenauer (above) 11002 Nelson Ave." had been made defendant in an alienation suit. To the plaintiff's libel action, defendant demurred. Held, the trial court was correct in sustaining the demurrer because, in its entirety, the publication was not calculated to lead third persons to believe that it referred to plaintiff. Woolf v. Scripps Pub. Co. (Ohio, Ct. App. 1930) 172 N.E. 389.