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Articles 1 - 15 of 15
Full-Text Articles in Law
"Airbrushed Out Of The Constitutional Canon": The Evolving Understanding Of Giles V. Harris, 1903-1925, Samuel Brenner
"Airbrushed Out Of The Constitutional Canon": The Evolving Understanding Of Giles V. Harris, 1903-1925, Samuel Brenner
Michigan Law Review
Richard H. Pildes argued in an influential 2000 article that the U.S. Supreme Court's opinion in Giles v. Harris, which was written by Justice Oliver Wendell Holmes, was the "one decisive turning point" in the history of "American (anti)-democracy." In Giles, Holmes rejected on questionable grounds Jackson W. Giles's challenge to the new Alabama Constitution of 1901-a document which was designed to disfranchise and had the effect of disfranchising African Americans. The decision thus contributed significantly to the development of the all-white electorate in the South, and the concomitant marginalization of southern African Americans. According to Pildes, however, the …
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 …
Profits In Cyberspace: Should Newspaper And Magazine Publishers Pay Freelance Writers For Digital Content?, Rod Dixon Esq.
Profits In Cyberspace: Should Newspaper And Magazine Publishers Pay Freelance Writers For Digital Content?, Rod Dixon Esq.
Michigan Telecommunications & Technology Law Review
It is remarkable how fast recent trends have driven an increasing number of publishers of magazines, newspapers, and other similar works to port the print version of their works to digital and electronic format in the form of online computer databases and multimedia CDROM technologies. Online computer databases and CD-ROM media can be exceptionally profitable ventures for publishers who convert a preexisting print work into a digital product. However, publishers' profits from digital media may be impaired if there is a question as to whether the publisher has satisfactorily secured the copyright to the material making up the digital media. …
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 …
Trusts-Creation-Significance Of Creation Of Honorary Trust By Inter Vivos Transfer, John W. Hupp S.Ed.
Trusts-Creation-Significance Of Creation Of Honorary Trust By Inter Vivos Transfer, John W. Hupp S.Ed.
Michigan Law Review
Settlor made an inter vivos transfer of certain property in trust for a specified period with directions that the trustees should, in accordance with their own discretion, apply the income of the trust fund toward all or any of several specified purposes. These purposes included the "establishment ... of good understanding, sympathy and co-operation between nations," "the preservation of the independence and integrity of newspapers," and "the protection of newspapers ... from being absorbed or controlled by combines." Summons was taken out by the settlor to have the validity of the trusts determined. Held, the trusts were void because …
Quasi-Contracts -- Unsolicited Performance Of A Statutory Duty, Edward S. Biggar
Quasi-Contracts -- Unsolicited Performance Of A Statutory Duty, Edward S. Biggar
Michigan Law Review
An Indiana statute required county officers to publish reports of public business in two newspapers, representing the leading political parties of the county. Plaintiff, one of the two newspapers in Decatur county, printed the required notices without first obtaining official authorization. After defendant had disallowed the claim for this service, plaintiff appealed to the circuit court, there obtaining a verdict. Defendant appealed from the denial of its motion for a new trial. Held, that plaintiff had performed an obligation created by law and was entitled to recover on quasi-contract principles. On motion for rehearing, defendant urged the statute prohibiting recovery …
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. …
Torts - Libel - Photographs - Right Of Privacy
Torts - Libel - Photographs - Right Of Privacy
Michigan Law Review
Defendant in its newspaper published a photograph of plaintiff and her husband's chauffeur standing in front of an airplane at an airport. The picture was captioned "Principals in Local Divorce Scandal," and the accompanying news story stated that plaintiff had sued her husband for divorce, the husband had filed a cross bill, and he had sued the chauffeur for alienation of affections. Plaintiff's declaration alleged that the picture had been cut from a larger one in which her husband had appeared, that the airplane was her husband's, and that the picture was believed to have been taken under a contract …
Contracts - Consideration - Forbearance To Exercise A Right
Contracts - Consideration - Forbearance To Exercise A Right
Michigan Law Review
Defendant was the assignee of a mortgage on a farm owned by the plaintiff. He gave newspaper notice of intent to foreclose, and ten days before the foreclosure period expired he signed and delivered to the plaintiff a writing in which he "agreed" to pay them three thousand dollars "providing said foreclosure of mortgage expires in my name." The foreclosure did so expire and this suit was brought to recover the money promised. Held, the promise is not enforceable, due to lack of consideration. Shaw v. Philbrick (Me. 1930) 151 Atl. 423.
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.