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First Amendment

First amendment

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Reflections On Breach Of Confidence From The U.S. Experience, Brian C. Murchison Jan 2010

Reflections On Breach Of Confidence From The U.S. Experience, Brian C. Murchison

Scholarly Articles

Not available.


The Fact-Conjecture Framework In U.S. Libel Law: Four Problems, Brian C. Murchison Jan 2008

The Fact-Conjecture Framework In U.S. Libel Law: Four Problems, Brian C. Murchison

Scholarly Articles

A requirement of U.S. defamation law is that an actionable statement be factual in nature, but courts since Milkovich v. Lorain Journal Co., 497 U.S. 1 (1990), have had considerable difficulty in distinguishing factual from non-factual statements and in articulating the value of non-factual public discourse in all its diversity. This Article reviews four topics - intent, context, conjecture, and hyperbole - that have been particularly troublesome to courts. It argues for a fresh appraisal of Justice Brennan's dissenting opinion in Milkovich and brings into the conversation the works of several current political theorists on the contributions of passionate political …


Revisiting The American Action For Public Disclosure Of Facts, Brian C. Murchison Jan 2006

Revisiting The American Action For Public Disclosure Of Facts, Brian C. Murchison

Scholarly Articles

None available.


Interpretation And Interdependence: How Judges Use The Avoidance Canon In Separation Of Powers Cases, Brian C. Murchison Jan 1995

Interpretation And Interdependence: How Judges Use The Avoidance Canon In Separation Of Powers Cases, Brian C. Murchison

Scholarly Articles

None available.