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Full-Text Articles in Law
Introduction: The Yahoo! Case And Conflict Of Laws In The Cyberage, Mathias Reimann
Introduction: The Yahoo! Case And Conflict Of Laws In The Cyberage, Mathias Reimann
Michigan Journal of International Law
Three years ago, two French public interest groups, La Ligue Contre le Racisme et L'Antisemitisme (LICRA) and LUnion des Etudiants Juifs De France (UEJF), sued Yahoo! Inc., a Delaware corporation headquartered near Santa Barbara, California, in the Tribunal de Grande Instance in Paris. The undisputed facts underlying the complaint were that: Yahoo! Inc. operated, inter alia, an auction website on which various Nazi memorabilia (such as flags, stamps, and military souvenirs) were offered for sale; the respective Yahoo! Inc. website was accessible in France; and the display of the Nazi memorabilia was illegal under French law. The French plaintiffs sought …
Enforcement Of Foreign Judgements, The First Amendment, And Internet Speech: Notes For The Next Yahoo! V. Licra, Molly S. Van Houweling
Enforcement Of Foreign Judgements, The First Amendment, And Internet Speech: Notes For The Next Yahoo! V. Licra, Molly S. Van Houweling
Michigan Journal of International Law
The Article begins with a review of the relevant rules governing enforcement of foreign judgments in the United States. Part II explains how courts have unpersuasively applied these rules when refusing to enforce foreign libel judgments. Part III then explains how the Yahoo! court adopted much of this faulty reasoning. Finally, Part IV explains the considerations that better justify judicial refusal to enforce speech-restrictive foreign judgments, especially those triggered by Internet speech. The Article concludes that the prospect that U.S. Internet speakers will choose to speak only to a U.S. audience-even when their speech would be legal everywhere-is the most …
Reporting The Truth And Setting The Record Straight: An Analysis Of U.S. And Japanese Libel Laws, Ellen M. Smith
Reporting The Truth And Setting The Record Straight: An Analysis Of U.S. And Japanese Libel Laws, Ellen M. Smith
Michigan Journal of International Law
This Note argues that U.S. courts and lawmakers should adopt some aspects of Japanese libel law. Part I compares the balances struck in U.S. and Japanese libel law between promoting press freedoms and protecting individual interests. Part II focuses on the extent to which each system succeeds in addressing the objectives of encouraging aggressive, accurate reporting, and compensating libel victims. Finally, Part III proposes a new U.S. libel standard that would adopt, with some modifications, key elements of Japanese libel law without running afoul of established U.S. constitutional requirements.