Law Commons^™

“Illegal” Migration Is Speech, Daniel I. Morales

Indiana Law Journal

Noncitizens must comply with immigration laws just because citizens say so. The citizenry takes for granted its monopoly on immigration control, but the legitimacy of this arrangement has been called into question by cutting-edge political theorists. One prominent theorist argues, for example, that basic democratic principles require that noncitizens living outside the United States have a say in the formation of immigration law since they must obey it. This Article provides a legal response to these political theory developments, assimilating them, along with the facts on the ground, into an account of “illegal” migration as First Amendment speech.

If noncitizens’ …

Review Of Covering The United States Supreme Court In The Digital Age, Susan David Demaine

Articles by Maurer Faculty

No abstract provided.

First Amendment, Fourth Estate, And Hot News: Misappropriation Is Not A Solution To The Journalism Crisis, Joseph A. Tomain

Articles by Maurer Faculty

Journalism is a public good. The Framers understood the importance of a free press in a self-governing society and embedded a structural right for freedom of the press in the First Amendment. There is a journalism crisis. Symptoms of the crisis include layoffs of journalists, diminishing content in newspapers and shuttering of newspapers. The rise of online technologies has exacerbated the crisis, mainly by siphoning advertising revenue away from traditional news organizations to free classified advertisement websites such as Craigslist, search engines and myriad other non-journalistic online endeavors. The internet, however, is not the main cause of the journalism crisis. …

Representing The Media At Trial, Joseph A. Tomain, Richard M. Goehler, Amanda G. Main

Articles by Maurer Faculty

No abstract provided.

A Constructed Peace: Narratives Of Suture In The News Media, Jody L. Madeira

Articles by Maurer Faculty

In the aftermath of violent crime, survivors are confronted by questions of comprehension, healing, normalcy, accountability, and restoration. These same issues are communicated to audiences via mass media coverage of the crime and ensuing legal proceedings that focuses upon survivors while they are in the public eye - and while those suspected of the crime are in the defendant's chair. Such stories bring a human face to the innocents most affected by the outcome of the proceedings, relaying their involvement in and response to legal developments from arrest to execution. This paper examines these chronicles through the lens of narrative …

The Cbs-Viacom Merger: Impact On Journalism, Jim Parker

Federal Communications Law Journal

No abstract provided.

Toward A Syntax Of The Unsaid: Construing The Sounds Of Congressional And Constitutional Silence, Lawrence H. Tribe

Indiana Law Journal

Addisson C. Harris Lecture delivered on March 21, 1983, Indiana University School of Law.

Collective Hindsight: A Review Of The Grass Roots Primer, Jenifer Robison

IUSTITIA

What do you do when the U. S. Army Corps of Engineers announces that its solution to the hurricane "problem" in New York (four major hurricanes in 200 years) is to build a wall around Coney Island? How do you fight it when a local landowner secures a zoning variance so he can open a game farm whose main access (for its projected 300,000 visitors in 100,000 cars) is the only street in your tiny village? In the days before the citizen's suit provisions of the present environmental laws there was very little recourse for people outraged by plans like …

Shield Laws: Partial Solution To A Pervasive Problem, Robert M. O'Neil

Articles by Maurer Faculty

No abstract provided.

The Fairness Doctrine And Pro-Natalism In Television, Myra Spicker

IUSTITIA

It is a premise of this paper that television reflects a pro-natalist bias in its promotion of the traditional female role in society, and that such bias is evident in both commercial advertisements as well as in dramatic presentations particularly on daytime television. Those who are opposed to a pro-natalist point of view will find it virtually impossible to air their opposition effectively. At best anti-natalist groups may be able to garner only meager financial resources to air spot commercials, but this is hardly adequate to combat the subtle onslaught of the opposition. Suggestions have been made that pro-natalist attitudes …

Literature And Law: How The Literary Quality Of A Political Statement Has Affected The Development Of Law In Tanzania, Robert L. Scott

IUSTITIA

The purpose of this inquiry is to demonstrate how the literary qualities of a political statement have contributed to the legal and economic development of an African nation.

It is my contention that a literary statement* is a useful tool in representing the process of events in a manner which reproduces the quality and character of the underlying reality. This more accurate reality is derived from the perspective of the artist who writes out of an experience common to his people, even though his expression is essentially a personal one: he writes according to his own sensibilities and is not …