Inferring actual malice from altered quotations

Article Abstract:

The Supreme Court in Masson v New Yorker Magazine Inc dealt with the conflict between freedom of the press and state defamation laws, but failed to provide a clear standard to guide journalistic practice. The court applied a vague 'material alteration' test for determining whether actual malice could be inferred from altered quotations. The court rejected lower court standards based on rational interpretation and incremental harm without providing an adequate alternative. The five-part standard outlined by Judge Kozinski in a dissenting Ninth Circuit Court of Appeals opinion offered a better approach.

Libel and slander

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The ever more complicated "actual innocence" gateway to habeas review

Article Abstract:

The US Supreme Court's 1995 Schlup decision on federal habeas corpus review for innocent state prisoners defines a complicated actual innocence exception instead of providing a clear standard based on factual innocence. The decision's actual innocence gateway is premised on the concepts of legal innocence and reasonable doubt. However, a factual innocence standard would be easier to apply and would aid petitioners who are actually innocent, while simultaneously preventing abuse of the habeas procedure.

United States, Habeas corpus

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Comments on JHPPL review symposium

Article Abstract:

The author attempts to answer critiques of his book 'Professionalism: The Third Logic'. He points out that his book concerns professionalism in general while using the example of the medical profession. He did not attempt, as his critics imply, to write specifically about the medical profession.

Analysis, Criticism and interpretation, Medical practice, Professions, Hafferty, Fred, Havighurst, Clark C., Relman, Arnold S.

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