Melbourne Law School - Research Publications
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ItemDefamation, Privacy and Aspects of Reputation(York University, Osgoode Hall Law School, 2018-09-01)Unlike the commonplace statement that defamation law protects reputation, this article suggests that it only protects aspects of reputation. Previously, defamation was often the only avenue of legal protection for reputation worth examining, but now privacy actions also offer an avenue of protection for aspects of reputation in many jurisdictions. In other words, informational privacy law now protects aspects of reputation, as does defamation law. Recognizing this fact leads to the suggestion that exactly what each action—defamation and informational privacy—seeks to protect could be stated more concisely. This exercise, undertaken in this article, draws on classic defamation law analysis by Thomas Gibbons. Restating the law in this way would reform defamation law, clarifying and simplifying how it and privacy law coexist, and could offer a useful path for addressing more technical arguments about the boundaries between the actions or the ways in which they should be reconciled.
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ItemEmerson, Thomas I. The Affirmative Side of the First 32 Amendment, 15 Georgia L Rev. 795 (1981)(Taylor & Francis (Routledge), 2020-07-28)One of Thomas Emerson’s lasting contributions to understanding free speech is his emphasis on the system of freedom of expression, as his well-known book is titled. Free speech needs broad analysis that pays attention to supports for, as well as limitations of, speech; the freedom encompasses practices, principles and institutions as well as rights; and it is the structures underlying speech that should concern legal scholarship.
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ItemWHOSE CONFLICT? COPYRIGHT, CREATORS AND CULTURAL INSTITUTIONS(UNIV NEW SOUTH WALES, FAC LAW, 2010)
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ItemWhat Conversation? Free Speech and Defamation Law(WILEY, 2010-09)