Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- First Amendment (7)
- Torts (6)
- Constitutional Law (5)
- Internet Law (3)
- Privacy Law (3)
-
- Business (2)
- Business Law, Public Responsibility, and Ethics (2)
- Business Organizations Law (2)
- Civil Rights and Discrimination (2)
- Contracts (2)
- Intellectual Property Law (2)
- Jurisprudence (2)
- Law and Race (2)
- Supreme Court of the United States (2)
- Common Law (1)
- Comparative and Foreign Law (1)
- Criminal Law (1)
- Labor and Employment Law (1)
- Law and Society (1)
- Legal Remedies (1)
- Legal Writing and Research (1)
- Litigation (1)
- Other Law (1)
- Institution
-
- The University of Akron (6)
- Georgia State University College of Law (2)
- University of Colorado Law School (2)
- Belmont University (1)
- Loyola Marymount University and Loyola Law School (1)
-
- Marquette University Law School (1)
- Osgoode Hall Law School of York University (1)
- Selected Works (1)
- St. John's University School of Law (1)
- The University of Notre Dame Australia (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Georgia School of Law (1)
- University of the District of Columbia School of Law (1)
- Publication
- Publication Type
Articles 1 - 20 of 20
Full-Text Articles in Law
Internal Policing Of The Enduring Issue Of Racism In Professional Team Sports, Chris Davies, Neil Dunbar
Internal Policing Of The Enduring Issue Of Racism In Professional Team Sports, Chris Davies, Neil Dunbar
The University of Notre Dame Australia Law Review
The issue of racism is one that is covered by both international treaties and domestic legislation. Most major sports, however, now have internal regulations, usually reflecting the treaties and legislation. Case studies from Australian, English and European sport, in particular, football, basketball, cricket and rugby league, indicate that the internal regulations have been effective in dealing with racism issues in those sports. The issues have involved players, managers, coaches, owners, officials and spectators, with the latter representing the main problem area for sport. The reasons for this are that it can be harder to identify the culprits and there is …
Section 230 Of The Communications Decency Act: The True Culprit Of Internet Defamation, Heather Saint
Section 230 Of The Communications Decency Act: The True Culprit Of Internet Defamation, Heather Saint
Loyola of Los Angeles Entertainment Law Review
This Note highlights the growing concern of Internet defamation and the lack of viable legal remedies available to its victims. Internet defamation is internet speech with the purpose to disparage another’s reputation. At common law, a victim of alleged defamation has the right to file suit against not only the original speaker of the defamatory statements, but the person or entity to give that statement further publication as well. In certain cases even the distributor, such as a newspaper stand, can be held liable for a defamation claim. However, liability due to defamatory speech on the Internet is quite different. …
Unwanted Publicity, The News Media, And The Constitution: Where Privacy Rights Compete With The First Amendment, Ernest D. Giglio
Unwanted Publicity, The News Media, And The Constitution: Where Privacy Rights Compete With The First Amendment, Ernest D. Giglio
Akron Law Review
It is ironic that while recent legal history records the emergence of a constitutional right to privacy, the Supreme Court, in a line of cases from New York Times to Firestone, has restricted the common law tort of privacy. The legal issues are particularly complex and admittedly difficult to reconcile when the public disclosure tort comes in conflict with first amendment privileges. Expansion of the privacy tort need not necessarily impose an unreasonable burden on the news media, provided the Supreme Court distinguishes between defamation and privacy invasion and establishes and applies to the latter wrong its own legal principles.
Taking Libel Reform Seriously, Rodney A. Smolla
Falwell V. Flynt: Lampooning Or Liability; The Realization Of A Three-Pronged Tort Approach For Establishing Media Liability For Fictional Defamation, Christopher C. Patterson
Falwell V. Flynt: Lampooning Or Liability; The Realization Of A Three-Pronged Tort Approach For Establishing Media Liability For Fictional Defamation, Christopher C. Patterson
Akron Law Review
This article will discuss the appellate court's interpretation and application of the three tort theories of liability. It will also analyze the potential floodgate effect this case may have on future defamation actions against the media for publishing fictional publications, including political cartoons.
Milkovich Vs. Lorain Journal Co.: Is The Supreme Court "Holding The Balance True" In Defamation Actions?, Sheila Noonan
Milkovich Vs. Lorain Journal Co.: Is The Supreme Court "Holding The Balance True" In Defamation Actions?, Sheila Noonan
Akron Law Review
This Note examines the background of defamation law and the Milkovich court's reasoning. The Note will discuss the Milkovich test's ability to distinguish fact from opinion and its potential future impact on broadcasters and journalists in the United States.
The Right To Republish Libel: Neutral Reportage And The Reasonable Reader, David Mccraw
The Right To Republish Libel: Neutral Reportage And The Reasonable Reader, David Mccraw
Akron Law Review
This Article argues for a reconsideration and redefinition of the neutral reportage privilege. First, even if we accept Gertz's disapproval of newsworthiness as a criterion for First Amendment protection, a closer look at the neutral reportage privilege reveals that, contrary to what many courts and commentators have said, newsworthiness is not a necessary element of the privilege. Gertz is thus inapplicable. Second, the more serious problems with the neutral reportage privilege arise from its advocates' failure to define what constitutes "neutrality"-- in other words, to define what conduct by the reporter should legitimately give rise to immunity from libel actions.
False Light Invasion Of Privacy In Docudramas: The Oxymoron Which Must Be Solved, Matthew Stohl
False Light Invasion Of Privacy In Docudramas: The Oxymoron Which Must Be Solved, Matthew Stohl
Akron Law Review
According to Giardello, boxing historians, and even Rubin “Hurricane” Carter, himself, the opening sequence of The Hurricane — which purports to tell the “true story” of Carter’s unjust imprisonment — was not only far from being accurate, it was a complete falsity. In reality, the fight was a lopsided Giardello victory, to the delight of the 6,000 fans in attendance.
Joey Giardello, who knew nothing of the movie until the day he saw it in the theater, filed suit on February 16, 2000 against Universal Pictures claiming that the film inaccurately portrayed him as a weak fighter and the beneficiary …
Remedies, Neutral Rules And Free Speech, David F. Partlett, Russell L. Weaver
Remedies, Neutral Rules And Free Speech, David F. Partlett, Russell L. Weaver
Akron Law Review
In general, plaintiffs’ ability to obtain substantial damages against media defendants is directly proportional to their ability to obtain so called “publication damages.”...In future cases, the courts may be forced to deal more straightforwardly with the First Amendment issues. In Sanders, the court avoided those issues because they were not raised. As a result, the court left open the possibility that, even in an intrusion case a media defendant might be allowed to show that the invasion of privacy was “justified by the legitimate motive of gathering the news.”...Moreover, the very existence of the litigation undoubtedly has a negative impact …
Viken Securities Limited, Order Granting Plaintiffs' Motion For Summary Judgment On All Defendants' Counterclaims, Melvin K. Westmoreland
Viken Securities Limited, Order Granting Plaintiffs' Motion For Summary Judgment On All Defendants' Counterclaims, Melvin K. Westmoreland
Georgia Business Court Opinions
No abstract provided.
Reputational Privacy And The Internet: A Matter For Law?, Elizabeth Anne Kirley
Reputational Privacy And The Internet: A Matter For Law?, Elizabeth Anne Kirley
PhD Dissertations
Reputation - we all have one. We do not completely comprehend its workings and are mostly unaware of its import until it is gone. When we lose it, our traditional laws of defamation, privacy, and breach of confidence rarely deliver the vindication and respite we seek due, primarily, to legal systems that cobble new media methods of personal injury onto pre-Internet laws. This dissertation conducts an exploratory study of the relevance of law to loss of individual reputation perpetuated on the Internet. It deals with three interrelated concepts: reputation, privacy, and memory. They are related in that the increasing lack …
Bernard H. Bronner, Order On Plaintiff's Motion To Dismiss, Melvin K. Westmoreland
Bernard H. Bronner, Order On Plaintiff's Motion To Dismiss, Melvin K. Westmoreland
Georgia Business Court Opinions
No abstract provided.
The Odyssey Of A Supreme Court Decision About The Sanctity Of Opinions Under The First Amendment, Richard H.W. Maloy
The Odyssey Of A Supreme Court Decision About The Sanctity Of Opinions Under The First Amendment, Richard H.W. Maloy
Touro Law Review
No abstract provided.
The Uneasy And Often Unhelpful Interaction Of Tort Law And Constitutional Law In First Amendment Litigation, George C. Christie
The Uneasy And Often Unhelpful Interaction Of Tort Law And Constitutional Law In First Amendment Litigation, George C. Christie
Marquette Law Review
There are increasing tensions between the First Amendment and the common law torts of intentional infliction of emotional distress, defamation, and privacy. This Article discusses the conflicting interactions among the three models that are competing for primacy as the tort law governing expressive activities evolves to accommodate the requirements of the First Amendment. At one extreme there is the model that expression containing information which has been lawfully obtained that contains neither intentional falsehoods nor incitements to immediate violence can only be sanctioned in narrowly defined exceptional circumstances, even if that expression involves matters that are universally regarded as being …
Informers Defamation And Public Policy, Daniel More
Informers Defamation And Public Policy, Daniel More
Georgia Journal of International & Comparative Law
No abstract provided.
Identity Property: Protecting The New Ip In A Race-Relevant World, Philip Lee
Identity Property: Protecting The New Ip In A Race-Relevant World, Philip Lee
Journal Articles
This Article explores the relatively new idea in American legal thought that people of color are human beings whose dignity and selfhood are worthy of legal protection. While the value and protection of whiteness throughout American legal history is undeniable, non-whiteness' has had a more turbulent history. For most of American history, the concept of non-whiteness was constructed by white society and reinforced by law-i.e., through a process of socio-legal construction-in a way that excluded its possessor from the fruits of citizenship. However, people of color have resisted this negative construction of selfhood. This resistance led to the development of …
Defamation And The Government Employee: Redefining Who Constitutes A Public Official, Jeffrey Omar Usman
Defamation And The Government Employee: Redefining Who Constitutes A Public Official, Jeffrey Omar Usman
Law Faculty Scholarship
This Article embraces neither the narrow nor broad conceptualization of a public official employed currently by state and lower federal courts but instead suggests revisiting the Rosenblatt formulation and the one clear limitation set forth by Hutchinson that whatever the scope of public officialdom may be “it cannot be thought to include all public employees.” Though not all speech about government employees should be deemed to be related to their official capacity, all government employees should be considered public officials, and speech related to their official conduct should be safeguarded by the actual malice standard. To explain and support this …
How Do We Know When Speech Is Of Low Value?, Helen Norton
How Do We Know When Speech Is Of Low Value?, Helen Norton
Publications
No abstract provided.
Cyberharassment And Workplace Law, Helen Norton
Identity Property: Protecting The New Ip In A Race-Relevant World, Philip Lee
Identity Property: Protecting The New Ip In A Race-Relevant World, Philip Lee
Faculty Publications
(Excerpt)
This Article explores the relatively new idea in American legal thought that people of color are human beings whose dignity and selfhood are worthy of legal protection. While the value and protection of whiteness throughout American legal history is undeniable, non-whiteness has had a more turbulent history. For most of American history, the concept of non-whiteness was constructed by white society and reinforced by law—i.e., through a process of socio-legal construction—in a way that excluded its possessor from the fruits of citizenship. However, people of color have resisted this negative construction of selfhood. This resistance led to the development …