An Excursion Through Strange Terrain: Chapters 6 (Defamation) and 7 (Privacy and Autonomy)
47 Pages Posted: 15 Jun 2012
Date Written: June 14, 2012
The Labor Law Group has mounted an intensive chapter-by-chapter, section-by-section critique of the American Law Institute’s Restatement of the Law of Employment, of both proposed and adopted text. As part of that group project this essay takes on those sections that deal with defamation and the common law of privacy and autonomy. It unpacks issues ignored, papered over, or assumed away. It illuminates the inconsistencies, contradictions, and gaps in reasoning. It explains how what is offered at critical junctures is fabricated out of nothing more the Reporters’ personal preferences.
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