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A Riddle Whose Answer is ‘Tort’: A Reassessment of I nternational N ews S ervice v A ssociated P ress
Author(s) -
Wadlow Christopher
Publication year - 2013
Publication title -
the modern law review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 22
eISSN - 1468-2230
pISSN - 0026-7961
DOI - 10.1111/1468-2230.12029
Subject(s) - tort , liability , prima facie , economics , advertising , business , law , political science , finance
The decision of the US S upreme C ourt in I nternational N ews S ervice v A ssociated P ress (1918) has variously been interpreted as recognising a ‘quasi‐property’ right in ‘valuable intangibles’, such as hot news; as turning on unjust enrichment; or as creating a novel tort of unfair competition by misappropriation. It is suggested that the case is more authentically understood as an incidental result of a process by which the S upreme C ourt extended the boundaries of tort liability, and the corresponding scope of property protection, in a series of decisions against organised labour. The argument is pursued with reference to the prima facie tort theory of O liver W endell H olmes, the A merican ‘labour injunction’, and the labour law record of the author of the majority opinion in I nternational N ews , J ustice M ahlon P itney.