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Don't Pan My Book, Buster! NYU Prof and Editor of the European Journal of International Law Accused of Libel for his OK of Uncomplimentary Book Review

By Andis Kaulins

Two highly esteemed German Law Professors write book reviews about the same book, authored by a Senior Law Lecturer domiciled in Israel.

ONE of the German profs writes a favorable review, but the OTHER prof pans the book. Ordinarily this is a "ho hum" situation on planet Earth. Your average academic book is read only by specialists in the field and has a small circulation - to our knowledge 250 sold books is already good. Who really cares? But in this case, there is a joker in the deck.

It is time to polish once more that tarnished old saying that "hell hath no fury like a woman scorned...."

At Slaw.ca, Simon Fodden in Libel Accusation from a Book Review outlines the case:

"A professor of law at NYU and the editor-in-chief of the European Journal of International Law, Professor Weiler was summoned to appear in French criminal court to defend himself against a complaint of criminal libel lodged by ... a senior lecturer at the Academic Center of Law & Business in Israel. The basis for her complaint? Professor Weiler approved the publication of a review of her book ... [a review] written by [an esteemed German professor of law], a review with which she disagreed and which [the professor] declined to withdraw upon her complaint to him."

Read the full slaw.ca posting here, and take a look at the .pdf of the correspondence regarding this case between the author of the book and editor of the journal which published the book review.

Normally, we would favor the underdog, since we are not great friends of the peer-review "crony system" and because academics in writing reviews can sometimes be scornful pundits - we are not saying that was the case here - but it does happen. In the instant case, the book review in question is not our cup of tea - but, then again - when do we ever agree with the mainstream critics? Books and their reviews are always a matter of opinion - everyone knows that. And we all have a right to our opinon.

However, after reading the statements of the book's author in the .pdf cited above, we are not on the side of the book author at all. Her statements and actions have far more greatly stained her reputation in our eyes than any possible negative statement in a book review.

See in this regard, Opinio Juris, Criminal Libel for Publishing a Critical Book Review? Seriously? by Kevin Jon Heller. We agree.

Our question to close is whether the problem here is the book author's overzeal
or rather an antiquated French legal system which is thus far permitting this circus.

Consider that the case involves:

1) a book published in the Netherlands
2) authored by an Israeli who studied in France (who may be a French national?)
3) a book reviewed by a German national
4) which review was published by an American
5) in a European Journal
6) whose main contact address is in Italy.

Read in this regard Book Reviews, Criminal Libel, and the Jurisdiction of French Courts at ConflictofLaws.net by Gilles Cuniberti.

Full post as published by LawPundit on February 28, 2010 (boomark / email).