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Defaming the Dead$
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Don Herzog

Print publication date: 2017

Print ISBN-13: 9780300221541

Published to Yale Scholarship Online: September 2017

DOI: 10.12987/yale/9780300221541.001.0001

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“This Will Always Be There”

“This Will Always Be There”

(p.219) VI “This Will Always Be There”
Defaming the Dead

Don Herzog

Yale University Press

The chapter offers a constructive account of posthumous harm by exploring how we can make sense of interests that survive one’s death. The dead can’t appeal to some of the interests protected by the tort of defamation: most obviously, the pain and suffering experienced by the defamed. But they can appeal to others. The chapter closes by examining the Tawana Brawley affair, and New York’s and Rhode Island’s grappling with making it a tort to defame the dead.

Keywords:   posthumous harm, false conviction, Tawana Brawley

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