Law Commons^™

When Can The Government’S Misrepresentations Give Rise To A Constitutional Tort?, Antonio F. Perez

Scholarly Articles

Can allegations that senior State Department and National Security Council officials failed to inform a U.S. citizen that her foreign citizen husband was in foreign custody suffice to allege a denial of access to the courts in violation of the Fifth Amendment so as to give rise to a constitutional tort even absent any allegation that the plaintiff tried to file a lawsuit or was actually hindered in doing so?

If so, was that right clearly established as of the time of the government officials' conduct so as to defeat a defense of qualified immunity?

Rethinking Sullivan: New Approaches In Australia, New Zealand And England, Susanna Frederick Fischer

Scholarly Articles

This Article employs a comparative analysis of some important recent Commonwealth libel cases to analyze what has gone wrong with U.S. defamation law since New York Times v. Sullivan and to suggest a new direction for its reform. In Lange v. Australian Broadcasting Corporation, Lange v. Atkinson, and Reynolds v. Times Newspapers, the highest courts of the Australian, New Zealand, and English legal systems were confronted with the same challenge faced by the U.S. Supreme Court in New York Times v. Sullivan. They had to decide the proper constitutional balance between protection of reputation and protection …