An Alternative Solution to the Problems of Libel Litigation

ENTERTAINMENT, PUBLISHING, AND THE ARTS HANDBOOK, John David Viera, Robert Thorne, eds., Clark Boardman Company, 1988

Posted: 20 Dec 2010

See all articles by Roselle Wissler

Roselle Wissler

Arizona State University (ASU) - Sandra Day O'Connor College of Law

Randall P. Bezanson

University of Iowa College of Law

Gilbert Cranberg

University of Iowa - School of Journalism

John Soloski

University of Iowa - School of Journalism

Date Written: 1988

Abstract

The article begins with a discussion of an empirical study that found a disjunction between the underlying assumptions and goals of media libel law, on the one hand, and the real interests of the parties and what the system actually accomplishes, on the other. The article then discusses several responses that have been proposed to address the problems of the libel litigation system. These include the media’s prevention of suits with better handling of complaints, expanded use of the special verdict, declaratory judgments, and nonlitigation alternatives. An experimental, voluntary, alternative program is described, along with a case that illustrates the potential benefits of such an alternative process.

Keywords: libel, alternative dispute resolution, litigation

Suggested Citation

Wissler, Roselle and Bezanson, Randall P. and Cranberg, Gilbert and Soloski, John, An Alternative Solution to the Problems of Libel Litigation (1988). ENTERTAINMENT, PUBLISHING, AND THE ARTS HANDBOOK, John David Viera, Robert Thorne, eds., Clark Boardman Company, 1988 . Available at SSRN: https://ssrn.com/abstract=1728974

Roselle Wissler (Contact Author)

Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )

Box 877906
Tempe, AZ 85287-7906
United States

Randall P. Bezanson

University of Iowa College of Law ( email )

Boyd Law Building
Iowa City, IA 52242
United States
319-335-9171 (Phone)
319-335-9098 (Fax)

Gilbert Cranberg

University of Iowa - School of Journalism ( email )

Seashore Hall
Iowa City, IA 52242
United States

John Soloski

University of Iowa - School of Journalism ( email )

Seashore Hall
Iowa City, IA 52242
United States
319-335-5832 (Phone)

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