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One of the nation's leading First Amendment attorneys provides media counsel with up-to-date information on how to avoid litigation, the andquot;public person, andquot; settlement and pretrial tactics, winning trial tactics and cost minimization techniques; with ample case analysis, including the landmark case Moldea v. New York Times Co. By Bruce W. Sanford. Libel and Privacy by Bruce W. Sanford explains how the U.S. Supreme Court is now approaching constitutional libel law and setting the boundaries for invasion of privacy suits. Comprehensive coverage of all key topics includes: Establishing effective techniques to avoid litigation by following the four-step review process In-depth treatment of andquot;public personandquot; Valuable settlement and pretrial tactics Winning trial tactics and cost minimization techniques Analysis of recent cases and new developments including those in the emerging cyber-like area Discussion of the landmark case Moldea v. New York Times Co. -- which the author argued and won An illustration of the legal and factual criteria governing the measurement of damages in libel actions And more
This book provides a comprehensive theory of the rights upon which tort law is based and the liability that flows from violating those rights. Inspired by the account of private law contained in Immanuel Kant's Metaphysics of Morals, the book shows that Kant's theory elucidates a conception of interpersonal wrongdoing that illuminates the operation of tort law. The book then utilises this conception, applying it to the various areas of tort law, in order to develop an understanding of the particular areas in question and, just as importantly, their relationship to each other. It argues that there are three general kinds of liability found in the law of tort: liability for putting another or another's property to one's purposes directly, liability for doing something to a third party that puts another or another's property to one's purposes, and liability for pursuing purposes in a way that improperly interferes with the ability of another to pursue her legitimate purposes. It terms these forms liability for direct control, liability for indirect control and liability for injury respectively. The result is a coherent, philosophical understanding of the structure of tort liability as an entire system. In developing its position, the book considers the laws of Australia, Canada, England and Wales, New Zealand and the United States.