Open Access. Powered by Scholars. Published by Universities.®
- Publication Year
- Publication
- Publication Type
Articles 1 - 10 of 10
Full-Text Articles in Law
In Re Akhbar Beirut & Al Amin, Monica Hakimi
In Re Akhbar Beirut & Al Amin, Monica Hakimi
Articles
On August 29, 2016, the Special Tribunal for Lebanon (Tribunal) sentenced a corporate media enterprise and one of its employees for contemptuously interfering with the Tribunal's proceedings in Ayyash, a prosecution concerning the February 2005 terrorist attack that killed former Lebanese Prime Minister Rafiq Hariri. The contempt decision is significant for two reasons: (1) it adopts an expansive definition of the crime of contempt to restrict a journalist's freedom of expression; and (2) it is the first international judicial decision to hold a corporate entity criminally responsible.
From The Cluetrain To The Panopticon: Isp Activity Characterization And Control Of Internet Communications, Eric Evans
From The Cluetrain To The Panopticon: Isp Activity Characterization And Control Of Internet Communications, Eric Evans
Michigan Telecommunications & Technology Law Review
If ISPs are exposed to liability for forwarding others' messages--messages originating with other ISPs or with the ISP's own users--the norm of universal mutual message forwarding that underlies the present operation of the Internet will be threatened. This Note will argue that society presently confronts a choice between a common carrier Internet characterized by universal mutual message forwarding and a monitored and controlled Internet. Part I will describe the underlying rules that govern ISPs' liability for their users' actions. Part II will argue that the present statutory regime governing ISPs' liability for users' copyright infringement includes elements that provide ISPs …
Zoning Speech On The Internet: A Legal And Technical Model, Lawrence Lessig, Paul Resnick
Zoning Speech On The Internet: A Legal And Technical Model, Lawrence Lessig, Paul Resnick
Michigan Law Review
Speech, it is said, divides into three sorts - (1) speech that everyone has a right to (political speech, speech about public affairs); (2) speech that no one has a right to (obscene speech, child porn); and (3) speech that some have a right to but others do not (in the United States, Ginsberg speech, or speech that is "harmful to minors," to which adults have a right but kids do not). Speech-protective regimes, on this view, are those where category (1) speech predominates; speech-repressive regimes are those where categories (2) and (3) prevail. This divide has meaning for speech …
Schizophrenia Among Carriers: How Common And Private Carriers Trade Places, Rob Frieden
Schizophrenia Among Carriers: How Common And Private Carriers Trade Places, Rob Frieden
Michigan Telecommunications & Technology Law Review
This article will examine court cases and actions by the Federal Communications Commission (FCC) that distort the traditional concepts of common and private carriage by establishing new rights and responsibilities previously applicable to the other category of carrier. This article will also consider the feasibility of (a) maintaining the traditional common carrier regulatory model and (b) continuing the application of that model to basic services provided by local exchange carriers (LECs). This is especially important as LECs qualify to become private carriers tapping new market opportunities, even within the same geographical region where they provide basic services. Finally, this article …
Computer Bulletin Board Operator Liability For Users' Infringing Acts, M. David Dobbins
Computer Bulletin Board Operator Liability For Users' Infringing Acts, M. David Dobbins
Michigan Law Review
This Note argues that a computer bulletin board operator's liability for copyright infringement by users of the bulletin board should be analyzed under the theory of contributory copyright infringement. This Note calls for a standard of liability under contributory copyright infringement that accommodates the competing interests at stake in the resolution of this issue. Part I provides an overview of copyright infringement law and argues that in most situations the operator's actions, viewed independently, do not constitute copyright infringement. Part II explores theories of third-party liability. This Part rejects the doctrine of vicarious liability as an effective means for establishing …
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 …
Libel And Slander - Defamation By Radio - Absolute Liability Of Broadcasting Company, Michigan Law Review
Libel And Slander - Defamation By Radio - Absolute Liability Of Broadcasting Company, Michigan Law Review
Michigan Law Review
The defendant broadcasting company leased its facilities to a commercial advertising corporation for the transmission of a series of sponsored radio programs. During the course of one of these broadcasts a comedian, employed by the advertiser, suddenly interpolated an extemporaneous remark, "That's a rotten hotel," in reference to plaintiff's hotel. A script for each program was prepared in advance, submitted to the defendant for approval, and followed exactly by the performers. The interjection in question did not appear in the script and had not been made at rehearsal. Plaintiff brought trespass for defamation, and from a judgment on a verdict …
Wills - Probate - Deletion Of Libelous Matter, Michigan Law Review
Wills - Probate - Deletion Of Libelous Matter, Michigan Law Review
Michigan Law Review
In propounding the will of the testator for probate, the executor petitioned the surrogate court to exclude from probate certain non-dispositive matter therein, which if published during the testator's lifetime, would have supported an action for libel. Held, that the court had power to exclude the objectionable matter from probate, since it was not properly a part of the will. In re Draske's Will, 290 N. Y. S. 581 (Surr. Ct. 1936).
Libel And Slander - "Of And Concerning Plaintiff'' - Defendant's Intent, Michigan Law Review
Libel And Slander - "Of And Concerning Plaintiff'' - Defendant's Intent, Michigan Law Review
Michigan Law Review
Defendant had a picture of plaintiff actress on display at the entrance to his burlesque theater. Plaintiff was not employed by the defendant and was not performing there. Held, that the publication could be found to have been made of and concerning the plaintiff even if the defendant knew nothing about the plaintiff. Louka v. Park Entertainments, Inc., (Mass. 1936) 1 N. E. (2d) 41.
Liability Of Corporations For Slander, Horace Lafayette Wilgus
Liability Of Corporations For Slander, Horace Lafayette Wilgus
Articles
S. entrusted by the president and general manager of a corporation with the business of obtaining a settlement from plaintiff for a mistakenly supposed shortage in his accounts with the corporation, falsely orally charged him with embezzlement. This charge was made to R., president of another corporation for which the plaintiff was working at the time, and as a step toward getting a settlement by the plaintiff. On the request for a directed verdict, by the defendant, the legal question was presented whether a corporation is liable for slander spoken by the agent of the corporation in the course of …