New Zealand's Zombie Defamation Survival Guide: Solving the Grave State of Defamation Law with a Single Publication Rule

2019 ◽  
Author(s):  
Hannah Jones
Keyword(s):  
Defamation Law ◽  
Single Publication

Book Reviews, The Common Law Tort of Defamation, and the Suppression of Scholarly Debate

2010 ◽  
Vol 11 (6) ◽  
pp. 656-670
Author(s):  
Kate Sutherland
Keyword(s):  
Academic Freedom ◽  
Common Law ◽  
Scholarly Work ◽  
Academic Journal ◽  
Canadian Law ◽  
The Common ◽  
The Impact ◽  
Defamation Law

Professor Joseph Weiler will soon stand trial for criminal libel in France for refusing to remove a book review from a website associated with an academic journal for which he serves as editor. His case has disturbing implications for all those who write, edit, and publish critical scholarly work. In this article, I explore those implications for Canadian scholars at home and as members of a global scholarly community. I assess the likelihood of success of a similar complaint under Canadian defamation law, and I consider the impact of libel chill and libel tourism. I conclude that although the defendant in such a case would have a good chance of prevailing under Canadian law through the defense of fair comment, a threat to academic freedom remains that requires action on the part of individuals and institutions committed to its preservation and enhancement.

scholarly journals Small Defamation Claims in Small Claims Jurisdictions: Worth Considering for the Sake of Proportionality?

2018 ◽  
Vol 41 (4) ◽  
Author(s):  
Kim Gould
Keyword(s):  
Decision Making ◽  
Online Communication ◽  
Reform Process ◽  
Access To Justice ◽  
Ordinary People ◽  
Reform Agenda ◽  
Administration Of Justice ◽  
Small Claims ◽  
The Law ◽  
Defamation Law

Online communication continues to pose challenges for the law and the administration of justice. One such challenge concerns its propensity to give rise to small defamation claims between ordinary people given the often-enormous costs of litigating defamation claims before the ordinary courts. This article promotes a reform agenda directed to meeting this challenge by (1) demonstrating the need for a proportionate means for resolving small defamation claims, having regard to access to justice considerations and other wider concerns; (2) establishing reasonable grounds for seriously considering deploying the traditional small-claims-proportionate response – small claims jurisdictions – for this purpose notwithstanding contraindications including the infamous complexity of defamation law; and (3) advancing a research pathway for the proportionate treatment of small defamation claims to guide decision-making and innovation. This article also advocates for consideration of this important issue in the ‘national reform process’ launched in 2018 for Australian defamation law.

scholarly journals The Science of Technology and Human Behavior: Standards, Old and New

2017 ◽  
Author(s):  
Malte Elson ◽  
Andrew K Przybylski
Keyword(s):  
Sample Size ◽  
Human Behavior ◽  
Degrees Of Freedom ◽  
Meta Analysis ◽  
Average Power ◽  
P Value ◽  
Test Statistics ◽  
Healthy Sample ◽  
D 20 ◽  
Single Publication

Editorial of the Journal of Media Psychology special issue on "Technology & Human Behavior", and meta-analysis of the empirical research published in JMP since 2008.DATA AVAILABILITYWe were not able to identify a single publication reporting a link to research data in a public repository or the journal’s supplementary materials.STATISTICAL REPORTING ERRORSWe extracted a total of 1036 NHSTs reported in 98 articles. 129 tests were flagged as inconsistent (i.e., reported test statistics and degrees of freedom do not match reported p-values), of which 23 were grossly inconsistent (the reported p-value is <.05 while the recomputed p-value is >.05, or vice-versa). 41 publications reported at least one inconsistent NHST, and 16 publications reported at least one grossly inconsistent NHST. Thus, a substantial proportion of publications in JMP seem to contain inaccurately reported statistical analyses, of which some might affect the conclusions drawn from them.STATISTICAL POWERAs in other fields, surveys tend to have healthy sample sizes apt to reliably detect medium to large relationships between variables. The median sample size for survey studies is 327, allowing researchers to detect small bivariate correlations of r=.1 at 44% power (rs=.3/.5 both > 99%).For (quasi-)experiments, the outlook is a bit different, with a median sample size of 107. Across all types of designs, the median condition size is 30.67. Thus, the average power of experiments published in JMP to detect small differences between conditions (d=.20) is 12% (d=.50 at 49%, d=.80 at 87%).

Patient-Controlled Analgesia: A Review of Effectiveness of Therapy and an Evaluation of Currently Available Devices

DICP ◽  
1989 ◽  
Vol 23 (11) ◽  
pp. 899-904 ◽  
Author(s):  
Robert P. Rapp ◽  
Brack A. Bivins ◽  
Robert A. Littrell ◽  
Thomas S. Foster
Keyword(s):  
Health Care ◽  
Pain Control ◽  
Health Care Personnel ◽  
Hard Copy ◽  
Major Advance ◽  
Patient Controlled Analgesia ◽  
The Past ◽  
Pca Method ◽  
Care Situation ◽  
Single Publication

Patient-controlled analgesia (PCA) is a major advance in the management of pain in postoperative and cancer patients. The success of PCA has resulted in a proliferation of marketed devices to administer small bolus doses of parenteral pain-control drugs at fixed intervals controlled by the patient with the push of a button. Because patients demonstrate marked individual variation in pain medication requirements, PCA devices should be able to accommodate rapidly changing requirements for drugs with a minimum amount of effort on behalf of health care personnel. Crude electronic devices were developed in the late 1960s and the early 1970s and usually consisted of a syringe pump connected to some sort of timing device. Most modern PCA devices marketed in the past five years are much more sophisticated devices that are microprocessor based and some newer devices even generate hard copy for a permanent record of drug administration. Although many such devices are available (including a totally disposable PCA device), few have undergone extensive clinical evaluation. A review of the literature shows many devices are available for use without a single publication to document the safety and utility of the device in the routine patient care situation. Use of the PCA method of pain control will grow, and all hospital-based health care personnel should become familiar with their use and limitations.

14. Elements of defamation

2020 ◽  
pp. 329-359
Author(s):  
Carol Brennan ◽  
Vera Bermingham
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Tort Law ◽  
Legal Knowledge ◽  
Key Points ◽  
The Law ◽  
Defamation Law

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. Defamation differs from other aspects of tort law because it is concerned with protecting against harm caused by words. The law of defamation is intended to provide compensation for people whose reputations have been damaged by untrue statements and it may allow one to obtain an interim injunction to stop a potentially defamatory statement from being published. This chapter discusses the human rights dimension in defamation and the procedural and substantive changes to defamation law introduced by the Defamation Act 2013. It also explores how to strike a balance between the competing rights of freedom of expression and protection of reputation.

Telling the Truth, Laughing

1999 ◽  
Vol 92 (1) ◽  
pp. 11-18 ◽  
Author(s):  
Justice Tony Fitzgerald
Keyword(s):  
Social Values ◽  
Freedom Of Speech ◽  
Bill Of Rights ◽  
Defamation Law

This paper centres on three themes: the lack of a constitutional bill of rights in Australia, especially a right to freedom of speech; the suitability of the judiciary to arbitrate social values; and the importance of public humour, and its relations to Australian defamation law. These themes are illustrated by a discussion of the Queensland Court of Appeal's recent finding that Ms Pauline Hanson was defamed on the ABC by Ms Pauline Pantsdown.

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