Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Libel and slander (3)
- Actions and defenses (1)
- Defamation (1)
- Democracy (1)
- Dispute resolution (Law) (1)
-
- Internet industry--Law and legislation (1)
- Internet--Law and legislation (1)
- Internet--Law and legislation--Congresses (1)
- Jurisprudence (1)
- Law Commission of Ontario--Congresses (1)
- Liability (Law) (1)
- Libel and slander--Congresses (1)
- Libel and slander--Political aspects--History (1)
- Ontario (1)
- Privacy, Right of (1)
- Reputation (Law) (1)
Articles 1 - 12 of 12
Full-Text Articles in Law
Restoring Accountability In Freedom Of Expression Theory: Public Libel Law And Radical Whig Ideology, Randall Stephenson
Restoring Accountability In Freedom Of Expression Theory: Public Libel Law And Radical Whig Ideology, Randall Stephenson
Osgoode Hall Law Journal
As leading common law jurisdictions grapple with the Internet’s impact on defamation law, comparative legal scholarship has revealed long-standing problems with its underlying theoretical justifications. Specifically, public libel doctrine is commonly supported by appeals to democratic theory in the abstract. Accountability concerns most relevant to adjudicating public libel cases are thus routinely overlooked. This article aims to diagnose the causes of these theoretical inaccuracies, describe their impact on public libel law, and translate their significance for law reform. Through exploring eighteenth-century libertarian thought, we highlight the foundational importance of accountability and the checking function rationale to democratic theory and governance. …
Book Review: Paradigms Of International Human Rights, By Aaron Xavier Fellmeth, Eric Freeman
Book Review: Paradigms Of International Human Rights, By Aaron Xavier Fellmeth, Eric Freeman
Osgoode Hall Law Journal
Aaron Xavier Fellmeth's Paradigms of International Human Rights Law makes an important contribution to the scholarship on international human rights law (IHRL). In the introduction, Fellmeth begins by noting that previous scholarly literature on IHRL has often focused on the content and enforceability of human rights, but that the broader structure and framing of human rights has been undertheorized. With that in mind, Fellmeth identifies that the first purpose of his book “is to begin a structural critique of some of [the] systemic features of IHRL.” The second purpose is “to make some progress in bridging moral theory with legal …
Defamation, Privacy And Aspects Of Reputation, Andrew T. Kenyon
Defamation, Privacy And Aspects Of Reputation, Andrew T. Kenyon
Osgoode Hall Law Journal
Unlike the commonplace statement that defamation law protects reputation, this article suggests that it only protects aspects of reputation. Previously, defamation was often the only avenue of legal protection for reputation worth examining, but now privacy actions also offer an avenue of protection for aspects of reputation in many jurisdictions. In other words, informational privacy law now protects aspects of reputation, as does defamation law. Recognizing this fact leads to the suggestion that exactly what each action—defamation and informational privacy—seeks to protect could be stated more concisely. This exercise, undertaken in this article, draws on classic defamation law analysis by …
“O! They Have Lived Long On The Alms-Basket Of Words”: Enhancing Efficacy And Reducing Cost By Limiting The Role Of Law And Lawyers In Defamation Disputes, Andrew Scott
Osgoode Hall Law Journal
To triangulate the individual and social interests in reputation and free speech, the common law has generated an unwieldy corpus of technical rules and counterfactual assumptions. This complexity entails enormous cost and opportunities for game-playing by astute, well-resourced litigants. Neither reputation nor free speech is well-served by reform initiatives that focus mainly on amending the substantive law. This paper offers a critical assessment of a proposal that might better address complexity and cost. This comprises the inextricable combination of two initiatives: repeal of the ‘single meaning rule’ which promises to simplify the court’s task, but instead generates complexity in defiance …
Book Review: Holocaust, Genocide, And The Law: A Quest For Justice In A Post-Holocaust World, By Michael J. Bazyler, Irina Samborski
Book Review: Holocaust, Genocide, And The Law: A Quest For Justice In A Post-Holocaust World, By Michael J. Bazyler, Irina Samborski
Osgoode Hall Law Journal
Law is commonly thought of as an antidote to genocide rather than its facilitator. In Holocaust, Genocide, and the Law, Professor Michael Bazyler of Chapman University’s Fowler School of Law refutes the notion that the Holocaust was an extralegal event—instead, he isolates the law as the preferred instrument of wholesale murder and destruction. The book traces the long shadow that the Holocaust has cast on the contemporary corpus of international law and many legal systems across the world. While it tells the unfolding catastrophe of the Holocaust as a legal history, the book considers the legal triumphs that followed the …
Book Review: Human Rights In Global Health: Rights-Based Governance For A Globalizing World, Edited By Benjamin M. Meier & Lawrence O. Gostin, Regiane Garcia, Kristi Heather Kenyon
Book Review: Human Rights In Global Health: Rights-Based Governance For A Globalizing World, Edited By Benjamin M. Meier & Lawrence O. Gostin, Regiane Garcia, Kristi Heather Kenyon
Osgoode Hall Law Journal
This groundbreaking compilation—edited by two scholars who helped to establish the “health and human rights” field—systematically explores the structures and processes of human rights implementation in global health institutions, arguing that a rights-based approach to health governance advances global health. This 640-page volume brings together forty-six experienced scholars and practitioners who have contributed to twenty-five chapters organized into six thematic sections. This “unprecedented collection of experts” provides unique, hands-on insights into how the “institutional determinants of the rights-based approach to health” facilitate—or hinder—the “mainstreaming” of human rights into global health interventions. The “institutional determinants,” which, in the contributors’ view, promote …
Introduction To Ohlj Special Issue: Reforming Defamation Law In The Age Of The Internet, Sue Gratton
Introduction To Ohlj Special Issue: Reforming Defamation Law In The Age Of The Internet, Sue Gratton
Osgoode Hall Law Journal
The Law Commission of Ontario (LCO) is proud to introduce this special issue of the Osgoode Hall Law Journal, featuring papers inspired by the LCO’s law reform project, Defamation Law in the Internet Age, and the international conference held as part of the project, Defamation Law and the Internet: Where Do We Go From Here? The LCO is Ontario’s leading law reform agency, with a mandate to promote law reform, advance access to justice, and stimulate public debate. In its multi-year defamation law project, the LCO is reconsidering the purpose and function of defamation law in light of transformative technological …
Internet Intermediary Liability In Defamation, Emily B. Laidlaw, Hilary Young
Internet Intermediary Liability In Defamation, Emily B. Laidlaw, Hilary Young
Osgoode Hall Law Journal
Given the broad meaning of publication in defamation law, internet intermediaries such as internet service providers, search engines, and social media companies may be liable for defamatory content posted by third parties. This article argues that current law is not suitable to dealing with issues of internet defamation and intermediary responsibility because it is needlessly complex, confusing, and may impose liability without blameworthiness. Instead, the article proposes that publication be redefined to require a deliberate act of communicating specific words. This would better reflect blameworthiness and few intermediaries would be liable in defamation under this test. That said, intermediaries profit …
Book Review: Adultery: Infidelity And The Law, By Deborah L. Rhode, Hana Bell
Book Review: Adultery: Infidelity And The Law, By Deborah L. Rhode, Hana Bell
Osgoode Hall Law Journal
Despite being against the actual act of adultery, Deborah Rhode, the Ernest W McFarland Professor of Law and Director of the Center on the Legal Profession at Stanford University, makes a shockingly compelling argument for abolishing all laws that criminalize adultery in America. Rhode has written the first book of its kind—“the first comprehensive account of adultery and its legal consequences in the United States.” Weaving through various scenarios in which pro-adultery law arguments might be made, Rhode concludes that “laws governing adultery have grown more anachronistic.” Upon navigating the first few pages of Rhode’s book, one may prematurely dismiss …
Where Do We Go From Here? Reflections On The Lco’S Consultation And Conference, Daithí Mac Síthigh
Where Do We Go From Here? Reflections On The Lco’S Consultation And Conference, Daithí Mac Síthigh
Osgoode Hall Law Journal
This is a report on the Law Commission of Ontario’s one-day conference on defamation law and the Internet by the conference rapporteur. After reviewing the topical nature of the event (including its relationship with debate on defamation law in Ontario and elsewhere), this article discusses the position of defamation in a wider legal landscape. Points include the relationship between defamation and privacy, the impact of data protection, and the appropriateness of procedures. Then, the impact of technological change is assessed, referring to the liability of intermediaries, the enforcement of decisions, and the degree to which online communication can support a …
Ohlj Special Issue: Reforming Defamation Law In The Age Of The Internet, Jamie Cameron
Ohlj Special Issue: Reforming Defamation Law In The Age Of The Internet, Jamie Cameron
Osgoode Hall Law Journal
Even as technology transforms the world of communication—as it has over the course of history—defamation law remains strangely impervious to change. True enough, the law has evolved over time, indeed centuries, but seems as beholden as ever to an archaic muddle of backwater rules and concepts. It is disappointing, for instance, that the law arguably worsened after the Supreme Court of Canada considered the status of defamation under s.2(b) of the Charter of Rights and Freedoms, which guarantees expressive freedom. Doctrinal corrections were slow and even then served in the main to bring Canada abreast of jurisprudential developments in Commonwealth …
Re-Imagining Resolution Of Online Defamation Disputes, Emily B. Laidlaw
Re-Imagining Resolution Of Online Defamation Disputes, Emily B. Laidlaw
Osgoode Hall Law Journal
If an individual or company is defamed online, they have two options to resolve the dispute, absent a technical solution. They can complain to an intermediary or launch a civil action. Both are deficient for a variety of reasons. Civil litigation is often unsuitable given the nature of online communications (across different platforms, jurisdictions, involving multiple parties, and spread with ease), the length and cost of litigation, and the ineffectiveness of traditional remedies. Intermediary dispute resolution processes can sometimes be effective, but lack industry standards and due process, place intermediaries in pseudo-judicial roles, and depend on the changeable commitments of …