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Articles 1 - 30 of 30
Full-Text Articles in Law
Settler's Remorse, Floyd Abrams
Settler's Remorse, Floyd Abrams
Michigan Law Review
Who can quarrel with the notion that settling civil cases is generally a good thing? Litigation is expensive, time-consuming, preoccupying, and often personally destructive. Our courts are overburdened and, in any event, imperfect decision-making entities. It may even be true that, more often than not, "the absolute result of a trial is not as high a quality of justice as is the freely negotiated, give a little, take a little settlement." But not every case should be settled. Many are worthless. The settlement of others could too easily lead to a torrent of unwarranted litigation. Sometimes, as Professor Owen Fiss …
Strangers On A Train, Peirre N. Leval
Strangers On A Train, Peirre N. Leval
Michigan Law Review
A Review of Make No Law: The Sullivan Case and the First Amendment by Anthony Lewis
Actual Malice: Twenty-Five Years After Times V. Sullivan, David G. Wille
Actual Malice: Twenty-Five Years After Times V. Sullivan, David G. Wille
Michigan Law Review
A Review of Actual Malice: Twenty-Five Years After Times v. Sullivan. by W. Wat Hopkins
Suing The Press: Libel, The Media, And Power, Michael L. Chidester
Suing The Press: Libel, The Media, And Power, Michael L. Chidester
Michigan Law Review
A Review of Suing the Press: Libel, the Media, and Power by Rodney A. Smolla
Protecting The Best Men: An Interpretive History Of The Law Of Libel, Frank G. Zarb
Protecting The Best Men: An Interpretive History Of The Law Of Libel, Frank G. Zarb
Michigan Law Review
A Review of Protecting the Best Men: An Interpretive History of the Law of Libel by Norman L. Rosenberg
Defamatory Opinions And The Restatement (Second) Of Torts, George C. Christie
Defamatory Opinions And The Restatement (Second) Of Torts, George C. Christie
Michigan Law Review
This Article will focus on one important aspect of the Institute's work: the question of whether opinion, including ridicule, can be an independent basis of an action for defamation. Before undertaking that inquiry, however, some basic concepts regarding defamatory opinions must be understood. First, a statement of opinion can, of course, often be reasonably construed to imply the existence of facts that would justify the opinion. If a direct statement of those facts would be defamatory, then the statement of an opinion that implies the existence of those false facts would be defamatory and capable of supporting an action for …
Tort Liability Of A University For Libelous Material In Student Publications, Michigan Law Review
Tort Liability Of A University For Libelous Material In Student Publications, Michigan Law Review
Michigan Law Review
While attention will occasionally be drawn to the impact of the New York Times privilege, this Note largely assumes that a defamed plaintiff is capable of overcoming the constitutional barriers imposed by New York Times and its progeny. In other words, the assumption is made that libelous statements either fall outside the constitutional privilege or that the plaintiff can demonstrate actual malice in the student authors or editors. The Note will analyze the traditional theories which may be invoked to establish the university's liability for defamatory material in student publications. First, a range of student newspaper-university relationships will be examined …
Jurisdiction--Libel--First Amendment's Role In Determining Place Of Trial In Libel Actions, Michigan Law Review
Jurisdiction--Libel--First Amendment's Role In Determining Place Of Trial In Libel Actions, Michigan Law Review
Michigan Law Review
The seeming unfairness of basing jurisdiction solely on such ordinarily inconsequential acts as mailing a newspaper into another state has troubled some courts. Traditionally, the validity of such a jurisdictional basis would be judged against the fourteenth amendment standard of "fair play." In several recent cases, however, courts have brought to bear constitutional standards of free speech as well as of fairness in dealing with the problem of jurisdiction over the out-of- state defendant in a libel action. The Court of Appeals for the Fifth Circuit, in deciding New York Times Co. v. Connor, ruled that "First Amendment considerations …
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 …
Torts - Libel And Slander - Effect Of An Unsustained Plea Of Truth, Frank D. Jacobs
Torts - Libel And Slander - Effect Of An Unsustained Plea Of Truth, Frank D. Jacobs
Michigan Law Review
Plaintiff, superintendent of a state training school for boys, was removed from that office by his superior in the state department of social welfare. The defendant corporation, publisher and owner of two newspapers in the state, published certain articles in its newspapers relating to plaintiff's conduct in office, his management of the school, and his removal from office. Plaintiff brought action of libel. Defendant, in addition to a plea of general issue, filed a plea of truth. The trial court instructed the jury that where truth is pleaded as a defense, but is not successful, such plea will sustain an …
"Congress Shall Make No Law..."*, O. John Rogge
"Congress Shall Make No Law..."*, O. John Rogge
Michigan Law Review
It is the position of the writer that, at least so far as Congress is concerned, speech is as free as thought, and that unless and until speech becomes a part of a course of conduct which Congress can restrain or regulate no federal legislative power over it exists. State power, despite the Fourteenth Amendment, may be somewhat more extensive. Certainly the framers of the First Amendment intended that it should be. This article will deal with federal power over speech.
Torts - Libel And Slander - Calling A Person A Communist As Slader Per Se, Ross Kipka S.Ed.
Torts - Libel And Slander - Calling A Person A Communist As Slader Per Se, Ross Kipka S.Ed.
Michigan Law Review
In an action for slander, plaintiff alleged that on three separate occasions defendant had orally called or referred to plaintiff as a communist. The court rendered judgment against the defendant, holding that calling a person a communist is slander per se. On appeal, held, affirmed. Since membership in the Communist Party is a felony under Pennsylvania statute, falsely referring to a person as being a communist is slander per se. Solosko v. Paxton, (Pa. 1956) 119 A. (2d) 230.
Constitutional Law - Judicial Powers - Legality Of The Grand Jury Report, Alan Reeve Hunt S.Ed.
Constitutional Law - Judicial Powers - Legality Of The Grand Jury Report, Alan Reeve Hunt S.Ed.
Michigan Law Review
On December 2, 1952, a federal grand jury for the United States District Court for the Southern District of New York, in a "presentment" made to that court, took the State Department severely to task for what it considered to be a conspicuous failure in handling the problem of subversive employees, United States citizens, at the United Nations. It further charged the State Department with impeding the grand jury's progress in attempting to fix responsibility for the failure upon certain State Department officials. On October 11, 1951, the Camden County grand jury presented to the Superior Court of New Jersey …
Admiralty-Foreign Attachment-Jurisdiction Of Court Defeated By Fraudulent Transfer, Paul E. Anderson S.Ed.
Admiralty-Foreign Attachment-Jurisdiction Of Court Defeated By Fraudulent Transfer, Paul E. Anderson S.Ed.
Michigan Law Review
Respondent, a Colombian corporation, contracted with libelant to transport a cargo of rice in its vessel, the Cali. On January 17, 1948, the Cali was wrecked and most of the rice lost. During the month of February the corporation, Compania Colombiana del Caribe, was formed under Colombian law, and on February 25, 1948, respondent's only other vessel, the Alacran (renamed the Caribe) was transferred to it. On March 7, 1948, libelants brought a libel in personam against respondent in the Canal Zone district court and had the court issue a foreign attachment on the Caribe, then steaming …
Libel-Limitation Of Actions-"Single Publication Rule" Extended To Include Books, W. M. Myers
Libel-Limitation Of Actions-"Single Publication Rule" Extended To Include Books, W. M. Myers
Michigan Law Review
In November, 1941, defendant book publishers commenced distribution of a book containing allegedly libelous statements concerning plaintiff. Thereafter, there were seven additional printings, the last in December, 1943, distribution of which began in March, 1944. Although more than 12,000 copies of the book were sold prior to this reprinting, only 60 copies were sold from stock during the year immediately preceding July 2, I 946, the date plaintiff instituted his action. To determine whether the action was barred by the statute of limitations, the following question was certified to the New York Court of Appeals: "Do sales from stock by …
Wittenberg: Dangerous Words, Michigan Law Review
Wittenberg: Dangerous Words, Michigan Law Review
Michigan Law Review
A Review of DANGEROUS WORDS. By Philip Wittenberg.
Chafee, Jr: Government And Mass Communications, Michigan Law Review
Chafee, Jr: Government And Mass Communications, Michigan Law Review
Michigan Law Review
A Review of GOVERNMENT AND MASS COMMUNICATIONS. Report from the Commission on Freedom of the Press. 2 vols. Zechariah Chafee, Jr.
Abstracts, Katherine Kempfer
Abstracts, Katherine Kempfer
Michigan Law Review
The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
Public Officers - Liability Of Federal Officers For Quasi-Judlcial Acts, Arthur M. Hoffeins
Public Officers - Liability Of Federal Officers For Quasi-Judlcial Acts, Arthur M. Hoffeins
Michigan Law Review
Plaintiff sought to withdraw a registration statement which he had filed with the Securities and Exchange Commission. The commission denied him the right to do so and applied for a court order to enforce a previously issued subpoena to compel the plaintiff to appear before it and to produce books relating to the registration statement. After the Supreme Court had upheld the plaintiff's right to withdraw the statement, he brought an action for damages against the members of the commission for malicious prosecution, libel and slander, etc., alleging in addition that the defendants had acted maliciously and in bad faith. …
Libel And Slander - Charging Physician With Lack Of Skill In Particular Case, Michigan Law Review
Libel And Slander - Charging Physician With Lack Of Skill In Particular Case, Michigan Law Review
Michigan Law Review
Plaintiff, a practicing physician, sued to recover damages for an alleged libel committed when defendant falsely published in its newspaper an article stating that plaintiff examined a prisoner in the city jail, diagnosed his condition as "alcoholic paralysis," and ordered his removal to a city hospital, and that a post mortem disclosed that the prisoner's neck was fractured. Held, that to charge a physician with having made a wrong diagnosis in a particular case is not actionable per se, and since there is no allegation of special damage, there can be no recovery. Blende v. Hearst Publications, Inc., …
Freedom Of The Press And Of The Mails, Eberhard P. Deutsch
Freedom Of The Press And Of The Mails, Eberhard P. Deutsch
Michigan Law Review
It should be unnecessary to amend the Federal Constitution to accommodate the facilities of government to the needs of society, as those needs develop with the social and scientific advance of civilization. But the trend of legislative effort to reach beyond constitutional limits to satisfy fleeting economic or political expediencies, without regard for the vital distinction between sound and substance, and of courts to seek justification for such excursions, under the benefit of constitutional doubt due "solemn expressions of legislative will," may lead to highly dangerous situations. As this trend is permitted to reach extremes, the erasure of the well-defined …
Trusts-Liability Of Trust Estate For Torts Of Trustee
Trusts-Liability Of Trust Estate For Torts Of Trustee
Michigan Law Review
Defendants, trustees of land which had been leased for years to plaintiff, demanded that plaintiff stop removing crops from the land until the past-due rent was paid. Such a removal of crops was a criminal offense by South Carolina statute. In a suit for libel against the defendants in their representative capacity, held, defendants' demurrer sustained. Ross v. Moses, 175 S. C. 355, 179 S. E. 757 (1935).
The Courts, The Press, And The Public, Stuart H. Perry
The Courts, The Press, And The Public, Stuart H. Perry
Michigan Law Review
It was with especial gratification that I accepted this invitation to speak. It is a pleasure to be with you, and it affords me an opportunity to contribute to a discussion of matters that are of great importance to your profession and my own and to the public. Perhaps I should not thus separate myself from your profession. I am still at least nominally a member of the bar, and though it is many years since I last appeared in court I have a keen and sympathetic interest in legal matters and enjoy my contacts with the bench and bar …
Constitutional Law - Freedom Of The Press - Restraints On Publication, Maurice S. Culp
Constitutional Law - Freedom Of The Press - Restraints On Publication, Maurice S. Culp
Michigan Law Review
A recent Supreme Court decision establishes a new concept of freedom of the press, and adds new meaning to the liberty safeguarded by the Fourteenth Amendment. The defendant, Near, was enjoined from publishing his newspaper because it was alleged that the paper was largely devoted to the publication of malicious, scandalous, and defamatory articles about the grand jury, public officials, and others. The injunction was granted pursuant to a statute which made the publication of a malicious, scandalous, or defamatory newspaper, magazine, or periodical a nuisance subject to abatement by injunction. The Supreme Court of the United States decided that …
Husband And Wife--Actions--Tort Of Husband Affecting Wife's Property
Husband And Wife--Actions--Tort Of Husband Affecting Wife's Property
Michigan Law Review
The recent case of Ralston v. Ralston presents the question: What kind of conduct on the part of the husband will be construed as a tort to the wife's separate property so as to entitle her to sue her husband? In that case the parties were living apart under a deed of separation, executed in 1899. The alleged defamatory words, the action being libel, were contained in an inscription (referring to another woman) on a tombstone, erected by the defendant husband, which read: "In loving memory of Jennie, the dearly beloved wife of W. R. C. Ralston . . . …
Libel And Slander-Liability Of A Telegraph Company For The Transmission Of A Defamatory Message
Libel And Slander-Liability Of A Telegraph Company For The Transmission Of A Defamatory Message
Michigan Law Review
It is surprising that despite the tremendous number of messages handled, covering almost every conceivable subject, the question of the liability of a telegraph company for the transmission of a defamatory message has arisen in but half a dozen jurisdictions. The earliest reported case, decided in 1858 when the law as to the tort liability of a corporation was still in the formative period, asserted the liability of the telegraph company on the sole ground that a corporation could be guilty of malice. Following a series of cases arising in the state and federal courts of Minnesota, a modern rule …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.