Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Defamation And The Right Of Privacy, John W. Wade, Dean
Defamation And The Right Of Privacy, John W. Wade, Dean
Vanderbilt Law Review
The history of the two torts of defamation and unwarranted invasion of the right of privacy has been greatly different. Defamation developed over a period of many centuries, with the twin torts of libel and slander having completely separate origins and historical growth. Professor Street summarizes this history by declaring that there was "a perversion of evolutionary processes," with the result that there was produced "a rather heterogeneous pile which should normally have gone to form a consistent body of legal doctrine, but which on the contrary, comprises many disconnected fragments moving in a confused way under the impulse of …
Torts-Libel-Constitutionality Of Retraction Statute Eliminating General Damages Recovery, John W. Galanis
Torts-Libel-Constitutionality Of Retraction Statute Eliminating General Damages Recovery, John W. Galanis
Michigan Law Review
Following publication of allegedly libelous statements made by defendants during a televised news broadcast, plaintiff commenced an action to recover damages. Defendants' motion to strike the allegations of general and punitive damages was granted by the trial court since the complaint did not allege that defendants intended to defame plaintiff, or that defendants refused to publish a requested retraction of a non-intentional libel, both of which are conditions precedent to recovery of such damages under the Oregon statute. Plaintiff failed to plead further and judgment was entered for defendants. On appeal to the Oregon Supreme Court, held, affirmed. The …