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
History of celebrity libel cases against tabloid, major lawyers & litigants, roots of libel law and increasing success of suits.
Essay # 12265 |
2,250 words (
approx. 9 pages ) |
15 sources |
1996
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$ 41.95
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From the Paper
" The National Enquirer has a remarkable track record for avoiding libel suits using a combination of First Amendment freedoms, aggressive lawyering, and patience. In recent years, however, the newspaper has been sued successfully by several celebrities over stories that were shown to be false. The National Enquirer's main office is a structure on South East Coast Avenue in Lantana, Florida that resembles a school building. However, the flamboyant newspaper has built its reputation on hyperbole rather than straight, scholarly fact. Generoso Pope, Jr., a former C.I.A. operative, is its founding owner. He purchased the paper, then known as the New York Enquirer, in 1952. He made it famous and successful by stressing the lurid and bizarre details of crime stories and by the use of lots of celebrity gossip. The paper publishes about.."
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
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$ 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 .."
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
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$ 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
Examines four major court decisions affecting laws pitting media freedoms against individual reputations.
Essay # 12850 |
1,125 words (
approx. 4.5 pages ) |
5 sources |
1997
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$ 23.95
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From the Paper
"Changes in Libel Law
This paper will discuss recent changes in American libel law. Specifically, the text will analyze some of the more important U.S. Supreme Court cases which affected libel cases. Defamation is a concept which originated in the English common law. The First Amendment did not begin to influence defamation laws in the United States until very recently (Franklin, 1992, p. 74). Since cases like the New York Times Co. v. Sullivan, the U.S. Supreme Court has made a continued effort to determine the proper balance between the right of free communication and the right to protect reputation.
In New York Times Co. v. Sullivan, a police commissioner demanded a retraction against the New York Times newspaper for an advertisement that claimed the police tear-gassed an Alabama state college campus."
Discusses the meaning, intent, and implications of defamation law.
Essay # 49506 |
2,572 words (
approx. 10.3 pages ) |
12 sources |
MLA | 2004
|
$ 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
A paper about Megan's Law; laws concerning community notification if convicted sex offenders are being allowed to live in an affected community.
Research Paper # 2987 |
6,420 words (
approx. 25.7 pages ) |
80 sources |
1996
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$ 89.95
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This paper deals with the problems in implementing Megan's Law also known as community notification laws for sex offenders This paper lays out in great detail the problems this law presents to law enforcement officers. The author argues that Megan's Law has a lot of flaws and questions that must be addressed.
From the Paper
" In the wake of the murder of seven-year-old Megan Kanka by a convicted sex offender, the State passed a series of bills designed to toughen the states handling of sex offenders. These bills Senate No. 13-1994 and Assembly No.85-1994, commonly known as Megan's Law, range in scope from requiring convicted sexual offenders to provide blood specimens to a DNA database, to studying the effectiveness of the state's treatment center of sexual offenders. These bills address the danger of recidivism by sex offenders. It requires the registration of sex offenders to their local police. If their municipality does not have a local police department, they must register with the State Police. They must verify their address with the police every three months. The most controversial provision of Megan's Law is the community notification provision that provides notification when a sex offender will be let out of prison at least 45 days before they are released. The bills passed both houses by an unanimous vote. It was signed into law by Governor Whitman on October 31, 1994. (Dougherty)"
Tags:community, law, laws, megan, notifaction, offenders, sex
A discussion of the actions that can contribute to the offense known as computer crime and what can be done.
Essay # 23617 |
1,379 words (
approx. 5.5 pages ) |
5 sources |
MLA | 2002
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$ 27.95
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Abstract
This paper examines the issues related to computer crime. Computer crime is defined as mean crimes that can't exist without computers such as forgery and pornography. It looks at how it is a serious problem for business and industry, how commercial entities have to be continually vigilant the most current ways they can protect themselves from computer crime.
Outline
What is computer crime?
Real computer crimes. Can't exist without a computer.
Altering websites
Disabling or impairing function of website
Unauthorized use
Viruses, Trojan horses, worms, etc.
Harassment/stalking
Forged email or bulletin board posts
Malicious attacks on a person's character (libel)
Pseudo-computer crimes. Can be done with or without a computer.
Examples:
Child pornography
Forgery
How widespread is it?
Statistics
Examples of crimes:
Who commits these crimes?
?A disgruntled employee
?computer voyeurs?
Laws regarding computer crime
Federal
State
There is wide variation in state statutes on computer crime in the USA
Traditional criminal law in the USA places a great deal of emphasis on willful or intentional conduct
Inadequate enforcement
FBI?s role
International
Conclusion: need for continued vigilance
From the Paper
"Computer crime is a serious problem for United States businesses. The computer Security Institute does yearly surveys and has found that 90% of those who responded to their survey experienced security breaches within the last year, resulting in loss of in come in four out of five cases. A little over 50% of the respondents revealed how much money they had lost, and it came to nearly $455 million. Most of the businesses found their internet connection the most frequent attack site, but 33% reported attacks on their internal computer systems 91)."
Tags:virus, hacker, business, industry, law
This article discusses the legal limitations on photojournalists.
Argumentative Essay # 74797 |
1,328 words (
approx. 5.3 pages ) |
6 sources |
MLA | 2005
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$ 26.95
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Abstract
This article reflects the legal limitations faced by photojournalists in their work. The writer maintains that the area of law which applies to photojournalists is quite complex and constantly changes in order to meet the changing needs of society. The writer notes that as a general guide, the most common of these legal restrictions can be divided into five categories: access, privacy, libel, procedure and copyright. However, a photojournalist's ability to take newsworthy photographs most specifically depends on the limitations in the rights to access and to privacy. The writer discusses the law on this matter and the paper mentions different cases regarding photographs in journalism.
Contents:
Introduction
Part I: Right to Access
Part II: Right to Privacy
Conclusion
From the Paper
"However, like Gabriel Tait, photojournalists, despite any status as members of the press, can be arrested if they are believed to be interfering with an emergency or a government operation. Courts have long since established that journalists have limited access to certain areas, which can generally be divided into the two categories of public and private property.
Public property such as public schools, fire departments, and post offices are under the control of government agencies. Photography in areas such as these is prohibited unless permission is expressly granted to the photojournalist. In courtrooms, however, while under government authority, the limitations on press coverage of court proceedings is varied from state to state. The choice was given to each individual state's higher court to "promulgate standards and guidelines regulating radio, television, and other photographic coverage of court proceedings" in 1982 by the American Bar Association."
Tags:constitution, freedom, media, photography, press
This paper examines the "New York Times Co. vs. Sullivan" Supreme Court case that argued the liability of the press and questioned the right to freedom speech.
Analytical Essay # 65635 |
1,320 words (
approx. 5.3 pages ) |
3 sources |
APA | 2006
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$ 26.95
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Abstract
The writer of this paper analyzes the 1964 Supreme Court case of the "New York Times Co. vs. Sullivan" in which the respondent, an elected official, brought suit against the paper alleging that he had been libeled in the petitioner's newspaper. This paper argues whether the rule of liability as applied to an action brought by a public official against critics of his official conduct abridges abridges the freedom of speech and of the press that is guaranteed by the 1st and 14th amendments.
From the Paper
"If the court permits The Local Newspaper to use NY Times vs Sullivan as a precedent in this case, it would create another precedent allowing the Press to print anything they wanted whether it was true or not, whether or not they had reliable sources. Today because of NY Times vs Sullivan, the press is permitted to print anything about the public acts of a public official. Sullivan does not permit the press to print libelous falsehoods about private lives of public individuals. Private individuals are protected fully by the 1st and 14th Amendments."
Tags:law, contitution, freedom, of, speech, media, law, libel