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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Defamation law (slander & libel)
This book explores recent legislative activity which highlights the
phenomenon of "libel tourism," whereby litigants bring libel suits
in foreign jurisdictions in order to take advantage of
plaintiff-friendly libel laws.
This book is meant to guide, comfort and support journalists. While
they may chafe against the many legal restrictions, they should
know that there is a lot they can do and say within the law. With a
better understanding of their legal rights, journalists can go
about their business with greater confidence, knowing when to yield
and when to stand firm. Kathy Ann Waterman Latchoo begins by
placing journalism in a constitutional context and ends with an
overview on damages for defamation and a glossary of legal terms.
She describes our legal systems and the hierarchy of courts, which
every journalist should strive to understand, whether or not
assigned to the court beat. In Newsroom Law, she seeks to demystify
libel law, including the Reynolds public interest defence, which
has put fresh emphasis on what constitutes "responsible
journalism". Other chapters alert journalists to the legal pitfalls
in covering parliamentary affairs, elections and court cases.
Cyber-libel, copyright and freedom of information are also included
and the chapter on investigative journalism seeks to answer common
questions such as whether photographers may use telephoto lenses to
capture people in private; whether journalists may record
conversations covertly; and whether it is ever permissible to break
the law to expose evil.
Sports figures cope with a level of celebrity once reserved for the
stars of stage and screen. In Game Faces , Sarah K. Fields looks at
the legal ramifications of the cases brought by six of them--golfer
Tiger Woods, quarterback Joe Montana, college football coach Wally
Butts, baseball pitchers Warren Spahn and Don Newcombe, and hockey
enforcer Tony Twist--when faced with what they considered attacks
on their privacy and image. Placing each case in its historical and
legal context, Fields examines how sports figures in the U.S. have
used the law to regain control of their image. As she shows,
decisions in the cases significantly affected the evolution of laws
related to privacy, defamation, and publicity--areas pertinent to
the lives of the famous sports figure and the non-famous consumer
alike. She also tells the stories of why the plaintiffs sought
relief in the courts, uncovering motives that delved into the heart
of issues separating individual rights from the public's perceived
right to know. A fascinating exploration of a still-evolving
phenomenon, Game Faces is an essential look at the legal playing
fields that influence our enjoyment of sports.
Should international law be concerned with offence to religions and
their followers? Even before the 2005 publication of the Danish
Mohammed cartoons, Muslim States have endeavoured to establish some
reputational protection for religions on the international level by
pushing for recognition of the novel concept of 'defamation of
religions'. This study recounts these efforts as well as the
opposition they aroused, particularly by proponents of free speech.
It also addresses the more fundamental issue of how religion and
international law may relate to each other. Historically, enforcing
divine commands has been the primary task of legal systems, and it
still is in numerous municipal jurisdictions. By analysing
religious restrictions of blasphemy and sacrilege as well as
international and national norms on free speech and freedom of
religion, Lorenz Langer argues that, on the international level at
least, religion does not provide a suitable rationale for legal
norms.
Landmark Cases in Defamation Law is a diverse and engaging edited
collection that brings together eminent scholars from the United
Kingdom, the United States, Australia, Canada and New Zealand to
analyse cases of enduring significance to defamation law. The cases
selected have all had a significant impact on defamation law, not
only in the jurisdiction in which they were decided but
internationally. Given the formative influence of English
defamation law in the United States, Australia, Canada and New
Zealand, the focus is predominantly on English cases, although
decisions of the United States and Australia are also included in
the collection. The authors all naturally share a common interest
in defamation law but bring different expertise and emphasis to
their respective chapters. Among the authors are specialists in
tort law, legal history and internet law. The cases selected cover
all aspects of defamation law, including defamatory capacity and
meaning; practice and procedure; defences; and remedies.
This book undertakes a comparative study of the public interest and
political speech defences in defamation law, particularly from the
perspective of the misuse of democratic free expression
justifications. Specifically, it argues that the law and legal
approaches taken by leading courts and legislatures in the UK,
Australia, New Zealand, Canada, and the United States - five common
law comparators - are undertheorised, lack adequate criteria for
determining the correct form of the defence, and would benefit from
a more precise understanding of 'democracy', 'accountability', and
'representation'. The book will be of great interest to scholars of
free speech, defamation and public law.
Landmark Cases in Defamation Law is a diverse and engaging edited
collection that brings together eminent scholars from the United
Kingdom, the United States, Australia, Canada and New Zealand to
analyse cases of enduring significance to defamation law. The cases
selected have all had a significant impact on defamation law, not
only in the jurisdiction in which they were decided but
internationally. Given the formative influence of English
defamation law in the United States, Australia, Canada and New
Zealand, the focus is predominantly on English cases, although
decisions of the United States and Australia are also included in
the collection. The authors all naturally share a common interest
in defamation law but bring different expertise and emphasis to
their respective chapters. Among the authors are specialists in
tort law, legal history and internet law. The cases selected cover
all aspects of defamation law, including defamatory capacity and
meaning; practice and procedure; defences; and remedies.
Convicted sexually violent predators are more vilified, more
subject to media misrepresentation, and more likely to be denied
basic human rights than any other population. Shaming the
Constitution authors Michael Perlin and Heather Cucolo question the
intentions of sex offender laws, offering new approaches to this
most complex (and controversial) area of law and social policy. The
authors assert that sex offender laws and policies are
unconstitutional and counter-productive. The legislation largely
fails to add to public safety-even ruining lives for what are, in
some cases, trivial infractions. Shaming the Constitution draws on
law, behavioral sciences, and other disciplines to show that many
of the "solutions" to penalizing sexually violent predators are
"wrong," as they create the most repressive and useless laws. In
addition to tracing the history of sex offender laws, the authors
address the case of Jesse Timmendequas, whose crime begat "Megan's
Law;" the media's role in creating a "moral panic;" recidivism
statistics and treatments, as well as international human rights
laws. Ultimately, they call attention to the flaws in the system so
we can find solutions that contribute to public safety in ways that
do not mock Constitutional principles.
In her acclaimed 1993 book Denying the Holocaust, Deborah Lipstadt
called David Irving, a prolific writer of books on World War II,
"one of the most dangerous spokespersons for Holocaust denial." The
following year, after Lipstadt's book was published in the United
Kingdom, Irving filed a libel suit against Lipstadt and her
publisher. She prepared her defense with the help of a first-rate
team of solicitors, historians, and experts, and a dramatic trial
unfolded. Denial, previously published as History on Trial, is
Lipstadt's riveting, blow-by-blow account of this singular legal
battle, which resulted in a formal denunciation of a Holocaust
denier that crippled the movement for years to come. Lipstadt's
victory was proclaimed on the front page of major news- papers
around the world, such as The Times (UK), which declared that
'history has had its day in court and scored a crushing victory.'"
Written by the widely respected author of The Law of Defamation and
the Internet, this book analyses the modern law of defamation in a
way that consolidates into a coherent structure its various sources
- the common law, earlier statutory reforms, European and other
foreign influences, and the changes effected by the Defamation Act
2013.
As well as examining the implications of the 2013 reforms, Collins
on Defamation dissects, in context, the very large number of
ambiguous and contestable questions of construction in, and
possibly unintended consequences of, the new law.
The book draws on authorities from a wide international research
base to explain the application of relevant principles, including
the principles applicable to multi-jurisdictional publications and
actions involving one or more foreign litigants.
As well as providing encyclopaedic analysis of the law of
defamation, the work contains detailed coverage of relevant
conflict of law principles, and important and emerging related
causes of action, including misuse of private information,
malicious falsehood, data protection rights, and protection from
harassment. Comprehensive tables of recent damages awards, and an
extensive set of precedents for common notices and pleadings, are
also included.
This book is an essential text for any practitioner in the field.
As Charles Dickens nearly said, 'The law is an asterisk' and in the
light of enormously increased public interest in the laws of libel,
and the confusions and dramas recently involved, David Hooper's
highly readable book will inform and entertain in equal measure.
Can you sue for a bad reference, a bouncing cheque or a parking
ticket? Are you liable if other people repeat your libel? What do
you have to prove to establish libel? The cast-list includes the
allegedly boring Ken Barlow, Robert Maxwell, the cuckolded judge in
the Alan Clark Diaries, Gillian Taylforth of EastEnders and James
Hewitt. There is libel in respect of a Christmas card, the
corporation of McDonalds, the House of Nomura, Richard Branson and
Jeffrey Archer. In this book, even HELLO magazine gets sued for
libel - allegedly.
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