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Liberty Of Expression In Ireland And The Need For A Constitutional Law Of Defamation, Sarah Frazier
Liberty Of Expression In Ireland And The Need For A Constitutional Law Of Defamation, Sarah Frazier
Vanderbilt Journal of Transnational Law
Judicial and constitutional conservatism have allowed Irish defamation law to remain remarkably close to its English common law origins. But the common law of defamation was not designed for a modem democracy with a free press, and Ireland's libel laws have a profound effect upon freedom of expression. If Ireland is to be a modern democracy, as its constitution asserts that it is, and the European Convention on Human Rights demands, it must protect a core area of free expression in order to allow the press (without the fear of repercussion) to keep the public informed about matters of concern. …
The First Constitutional Tort: The Remedial Revolution In Nineteenth-Century State Just Compensation Law, Robert Brauneis
The First Constitutional Tort: The Remedial Revolution In Nineteenth-Century State Just Compensation Law, Robert Brauneis
Vanderbilt Law Review
This Article traces the change in the remedial framework of nineteenth-century owner-initiated state constitutional just compensation litigation, and explores the relationship between that change and substantive changes in just compensation doctrine. Through the Civil War, owners complaining of government-sanctioned seizure of their property brought common-law tort actions against whomever might be held liable under ordinary tort and agency law. Defendants in those suits claimed that some piece of legislation altered tort law to shield them from liability for their acts. Plaintiff owners responded that the legislation on which defendants relied was void, because it purported to authorize acts that amounted …