An in-depth examination and comparison of Japanese vs. American defamation law.
Research Paper # 116310 |
4,527 words (
approx. 18.1 pages ) |
14 sources |
MLA | 2009
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$ 70.95
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Abstract
The paper explores the law on defamation and insult in Japan and quotes many civil defamation cases. The paper focuses on the laws for defamation of public officials and then compares the defamation laws in Japan with those of the United States. The paper shows how the United States legitimized tolerance under law for each person and has more lenient defamation laws. Three cases in the US that set a nationwide defamation standard in the Supreme Court are also examined. The paper opines that, with time, the Japanese appellate courts may come to nurture freedom more positively than in the past.
From the Paper
"Close to the center of the heart of humankind are a person's conscience and sense of honor. Each culture maintains a somewhat distinctive style of manifesting these concerns and its own balance between reliance on self-judgment and reliance on community judgment of an individual's conduct in solving universal problem of having the minimum necessary order and cohesion in society. To speak of an "Oriental concern for face" is not to speak appropriately of a concrete reality because "Oriental" is a dangerous abstraction from mind-boggling diversity and because "face" is a great concern in virtually all social cultures. (Inega, 1953, p. 253-255)"
Tags:libel, reputation, esteem, injury, damages
Discusses the meaning, intent, and implications of defamation law.
Essay # 49506 |
2,572 words (
approx. 10.3 pages ) |
12 sources |
MLA | 2004
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$ 46.95
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Abstract
This paper begins with a thorough definition of defamation law, and then, in order to illustrate the current position of the courts regarding both oral and written defamation, presents an analysis of three different court cases on defamation. The paper then continues with a discussion of the negative and detrimental aspects of defamation law.
From the Paper
"The idea behind defamation law is very simple. If and when the reputation of an identifiable third person is lowered by the communication from one person to one or more person/persons and where the communicator has no legal defense it is called defamation. Balancing of the right of a person to protect his reputation with free speech is aimed at the formation of the defamation law. Defamation law is divided into two viz. oral and published. "Comments or stories told at a party or meeting is called Oral defamation or "slander."" 1. TV broadcasting or a newspaper article is published defamation also known as "libel." Libel defamation includes pictures and words also. Anything that badly affects the reputation of a person is defamatory."
Tags:disrepute, contempt, ridicule, libel, slander, printing, press, written, damage, stop, writs, attack, personal, privacy
Defamation Law
A critique of the laws of defamation in the U.K. and an analysis of their impact on the freedom of speech.
Research Paper # 56994 |
5,363 words (
approx. 21.5 pages ) |
8 sources |
MLA | 2004
|
$ 79.95
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Abstract
This essay looks at the laws of defamation in the U.K. and the ways in which they inhibit a journalist's ability to publish stories which serve the public interest. It looks at all related legislation (U.K .and European) and legal processes involved in defamation cases, what defamation is, the defences available and different criticisms of the system.
Outline
Introduction
Money, Money, Money
Innocent Until Proven Guilty, Yet False Until Proven True
Other Defences
What Harm Did it Do?
Article 10 ? A New Hope?
Conclusion
From the Paper
"Defamation is a strict-liability tort, that is a civil wrong for which damages can be claimed whereby it is not necessary to prove intent. There are two forms of defamation, slander, the spoken form, and libel, the permanent form which includes statements made in radio and television broadcasts (under the Broadcasting Act 1990) and in a staged play (under the Theatre Act 1968) A statement is considered to be defamatory if it lowers a person in the estimation of right thinking members of society, disparages them in their profession or calling, causes them to be shunned or avoided or exposes them to hatred, ridicule or contempt."
Tags:aitken, archer, jury, libel, major, purgery, qualified, rights, slander, wilde
Discusses the ethical assessment of the use of alar pesticide, e-coli outbreaks, the Oprah Winfrey defamation case, state laws, social responsibility and theories.
Essay # 14317 |
1,800 words (
approx. 7.2 pages ) |
10 sources |
1999
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$ 34.95
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Abstract
Several years ago, the public affairs and news television program 60 Minutes on the Columbia Broadcasting System (CBS) televised a segment concerning the use of the pesticide Alar on apples by producers in the State of Washington. The implication of the report, if not directly charged in the presentation, was that the pesticide could be dangerous to human health and that the apple producers had failed to warn consumers.
From the Paper
"AGRICULTURAL PRODUCTS DEFAMATION LAWS: AN ETHICAL ASSESSMENT
Introduction
This research examines agricultural products defamation laws. These laws are assessed from an ethical basis.
Development of the Issue
Several years ago, the public affairs and news television program 60 Minutes on the Columbia Broadcasting System (CBS) televised a segment concerning the use of the pesticide Alar on apples by producers in the State of Washington. The implication of the report, if not directly charged in the presentation, was that the pesticide could be dangerous to human health and that the apple producers had failed to warn consumers. Apple sales did suffer in the wake of the telecast of the segment on 60 Minutes. The apple producers in the State of Washington ..."
Examines development of public figure doctrine, Supreme Court guidelines & lower court decisions, slander, libel & malice, examples (General Westmoreland, Carol Burnett, Carroll O'Connor) and neutral reporting.
Research Paper # 13952 |
6,300 words (
approx. 25.2 pages ) |
58 sources |
1999
|
$ 88.95
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From the Paper
"Defamation in the Area of Entertainment Law
This paper will examine the development of the public figure doctrine in defamation cases and discuss the application of this doctrine to the area of entertainment law. The first part of the paper will focus upon the historical development of the public figure doctrine, looking at the evolution of the doctrine in the United States Supreme Court. The second part of the paper will examine how lower courts have handled the doctrine, particularly in light of the vagueness of the Supreme Court's guidelines. The paper will also discuss how the defamation and libel laws have been applied in cases involving celebrities such as Elizabeth Taylor, Carol Burnett and Carroll O'Connor. This section will also specifically address the question of whether a plaintiff needs to prove actual malice to prevail in a defamation lawsuit and the .."
Examines evolution of the law defining & affecting public figures in defamation suits. Examples, court decisions, voluntary vs. involuntary involvement, malice and impact on professionals in public.
Research Paper # 12640 |
4,275 words (
approx. 17.1 pages ) |
37 sources |
1997
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$ 68.95
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From the Paper
"The Public Figure Doctrine and Professionals
This paper will examine the development of the public figure doctrine in defamation cases and discuss the application of this doctrine to professionals, particularly attorneys and teachers. The first part of the paper will focus upon the historical development of the public figure doctrine, looking at the evolution of the doctrine in the U.S. Supreme Court. The second part of the paper will examine how lower courts have handled the doctrine, particularly in light of the vagueness of the Supreme Court's guidelines. The third part of the paper will discuss how the doctrine has been applied in cases involving professionals. This section will especially address the question of whether a professional is more likely than another person to be considered a public figure."
A look at the background, major issues, moral majority, impact, goals and the Black Anti-Defamation coalition regarding television advocacy groups.
Essay # 20054 |
1,125 words (
approx. 4.5 pages ) |
4 sources |
1993
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$ 23.95
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From the Paper
"Television is a mass medium with a particularly intrusive personality. It comes into the home and changes the lives of the people viewing it, changing the way they live, the activities in which they engage, and the products they buy. Children watch a great deal of television, and they are affected by what they watch. Since the 1950s, various controversies have swirled around television, from the quiz show scandals to the recent flap over NBC setting fire to GM trucks to show how dangerous they were. Television has become the target of a number of advocacy groups which see how important a role television plays and believe that television as present constituted is not fulfilling its role. The power of these groups varies greatly, and, with new technologies altering how television is received in the home, these groups have found all the more reason to protest what they..."
This paper compares and contrasts three articles on the subject of media coverage of environmental issues.
Persuasive Essay # 99467 |
1,054 words (
approx. 4.2 pages ) |
3 sources |
MLA | 2007
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$ 22.95
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Abstract
The paper argues that the mainstream media in the United States is falling short in its responsibility to provide full disclosure about the environmental issues facing our society. The paper summarizes the findings of three articles; "NY Times Editorial Op-Ed Heat Wave Hype Melts under Scrutiny" by Marc Morano, "Defamation as a Tactic: Promoting Global Warming Alarmism by Misleading Readers" by Amy Ridenour, and "Environmentalists Surf Tsunami Tragedy" by Steven Milloy. The paper concludes that people should put their faith more in experts who have actually studied environmental phenomena than in journalists who have little, if any, expertise.
From the Paper
"The first article up for discussion is an article by Marc Morano entitled "NY Times Editorial Op-Ed Heat Wave Hype Melts under Scrutiny". The article basically summarizes Times writer Bob Herbert's contention that recent heat waves which have hit the Eastern United States are the product of (human-made) global warming. As it turns out, Mr. Herbert's arguments for his strongly-worded thesis are predicated upon information he draws from Al Gore's new film, "An Inconvenient Truth" and from other tidbits of evidence that do not stand up to close scrutiny. In fact, Morano's article is chiefly devoted to highlighting how Herbert fails to consider natural planetary evolution as the chief cause of environmental change; at the same time, he refers to the many professional scientists who argue that climactic change in various parts of the world began long before contemporary "greenhouse emissions" took root (the receding of the ice-flows of the Kilimanjaro being one example) and/or who point out that there is no factual evidence for the contention that the world is getting warmer (Morano, para.1-16)."
Tags:global, warming, greenhouse, emissions, factual, errors, inaccuracies
Surveillance of Employees in the Workplace
A discussion on whether the employer has the right to monitor employees in the workplace.
Research Paper # 58043 |
9,656 words (
approx. 38.6 pages ) |
8 sources |
APA | 2004
|
$ 118.95
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Abstract
The paper discusses the rights of employers' to monitor employees at work by intercepting emails and phone calls. It further considers the problems associated with such monitoring.
Outline
Introduction
Monitoring - Species of What?
Monitoring - Why?
Surveillance of Email and Internet
Telecommunications and CCTV Monitoring
Data Protection
Employee Surveillance and ECHR and Human Rights Act Defamation
Employee Monitoring - Private Rights and Public Policy
Conclusion
From the Paper
"Over the last few years, software packages have made electronic performance monitoring possible ; employers are able to use more sophisticated techniques to monitor their subordinate employees. Commonly used is the "telephone tap". Numerous recorded messages inform us that our calls may be "monitored and or recorded". Often to safeguard employees and also to protect the employers own interests as well as clients' but also for training purposes. However, many employers have ulterior motives behind their ability to monitor and record calls."
Tags:privacy, calls, email, phone, data, trade, unions
A biography of the life and career of singer Michael Jackson.
Essay # 63016 |
2,254 words (
approx. 9 pages ) |
1 source |
MLA | 2005
|
$ 41.95
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Abstract
This paper outlines the life of pop superstar Michael Jackson from his beginnings as part of "The Jackson 5" to his superstar status of today. It looks at how although he has been dubbed many things from "The King of Pop" to "Wacko Jacko" and child molester, there is, however, one title Michael Jackson holds that no one can disavow: The record holder for the best-selling album of all time. It attempts to show how despite all of the defamation he has endured, Michael Jackson remains one of the greatest performers ever to grace the stage.
From the Paper
"Jackie, Tito, and Jermaine formed a group with two neighborhood kids under the focused direction of Joe. The group was known as "The Jackson Brothers", and in 1964, Michael and Marlon joined the group, singing and playing percussion. The group became known as "The Jackson 5" in 1966, and by the next year, 8 year-old Michael was its lead singer. The Jackson 5 would have some success in the following years touring what was known as "the chitlin' circuit" of the Midwest, the venues that catered to African-American acts during the days of segregation. The group landed a recording contract in 1967 with Steeltown, and recorded their first regional hit with "Big Boy" the next year. When Rhythm and Blues legend Gladys Knight discovered the Jackson 5, she introduced their sound to Motown Records president Berry Gordy."
Tags:5, culture, music, pop, motown