Sonntag, 09. Oktober 2016, 18:00 - 19:30 iCal
Prof. Samuel R. Simon
Conflict of Laws and the American Constitution: Fair Trial vs. Free Press
SEM 52 - Juridicum
Schottenbastei 10-16, 1010 Wien
Vortrag
This lecture by a distinguished practicing attorney and professor of law addresses the issues that arise in the United States when the constitutional
right of a free press collides with a criminal defendant’s constitutional rights to a fair trial, to a fair and impartial jury, and to due process of law. In America, criminal defendants are innocent until proven guilty at trial. They
enjoy inalienable constitutional rights when confronted by the overwhelming
power of the state. Equally, however, the press enjoys unfettered constitutional protection to publish and report on pending criminal proceedings. When these rights collide, it is the judiciary that balances a defendant’s constitutional protections with the press’s constitutional right to publish.
The constitutional collision is particularly acute where the media publishes
articles based on confidential information that the news reporter obtained in
violation of a court order prohibiting its use. In addition, core con ict of laws
principals are implicated where the reporter acts under color of the law of a
state that provides an absolute privilege for such activities, but the non-dissemination order was issued by a court in a state where the reporter has only a qualified or limited privilege.
The lecture by Visiting Guest Professor Simon, which should be of interest to
everyone concerned with comparative law and conflict of laws issues, discusses and analyzes these conflicts in depth, and suggests a mechanism by which the courts may render justice where, as here, fundamental constitutional and statutory rights collide. Ample opportunity for questions will be offered.
Samuel Simon, Guest professor at the University of Vienna
He also welcomes all interested persons to his lectures given from
October 17 until October 21 in the Juridicum - SEM 52
ufind.univie.ac.at/en/course.html
Veranstalter
Um Anmeldung wird gebeten
Kontakt
Sandra Muckenhuber
Sekretariat der IGKK
Institut für Europarecht, Abt. für Rechtsvergleichung, Prof. Bea Verschraegen
01 4277 35102
sandra.muckenhuber@univie.ac.at
Erstellt am Freitag, 07. Oktober 2016, 13:21
Letzte Änderung am Dienstag, 10. Januar 2017, 13:29