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Values and Value: An Essay on Libel Reform

26 Pages Posted: 8 Jun 2010  

Sheldon W. Halpern

Albany Law School

Date Written: 1990

Abstract

This article reviews the development of defamation law since New York Times v. Sullivan. In place of the extraordinarily complex structure that has emerged from the Supreme Court’s jurisprudence, this article proposes a simplified and uniform fault requirement based on “professional negligence,” holding a professional disseminator of information to the standards of that profession. The purpose is to create a unitary, simplified litigation structure combining much of the heavy constitutional procedural burdens on the plaintiff with more comprehensible fault and damage rules by which a jury may be guided to provide effective compensation and redress for the defamation victim injured through the fault of the defamer.

Suggested Citation

Halpern, Sheldon W., Values and Value: An Essay on Libel Reform (1990). Washington and Lee Law Review, Vol. 47, No. 227, 1990. Available at SSRN: https://ssrn.com/abstract=1621871

Sheldon W. W. Halpern (Contact Author)

Albany Law School ( email )

80 New Scotland Avenue
Albany, NY 12208
United States
614-599-1118 (Phone)

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