Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Selected Works (20)
- SelectedWorks (10)
- University of Denver (5)
- University of Pennsylvania Carey Law School (5)
- Brigham Young University Law School (3)
-
- Duke Law (3)
- University of Central Florida (2)
- University of Nevada, Las Vegas (2)
- University of Pittsburgh School of Law (2)
- Boston University School of Law (1)
- Emory University School of Law (1)
- Marshall University (1)
- Northwestern Pritzker School of Law (1)
- University of Dayton (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Nebraska at Omaha (1)
- University of New Hampshire (1)
- Vanderbilt University Law School (1)
- Western Kentucky University (1)
- William & Mary Law School (1)
- Keyword
-
- Human rights (6)
- Dissemination of information (5)
- Propaganda (5)
- Social media (5)
- 2009 (4)
-
- Copyright (4)
- Civil rights (3)
- Iran (3)
- New Paradigm Perspectives (3)
- Administrative Law (2)
- Communications Law (2)
- Consciousness; Empowerment; Politics; Perspectives; Paradigm; Emotions; Beliefs (2)
- Cyberlaw (2)
- Exploitation (2)
- Gender (2)
- Intellectual property (2)
- Internet (2)
- John Waters (2)
- Movies (2)
- Social protest (2)
- Telecommunications (2)
- 21st century (1)
- 512 (1)
- Advertising (1)
- Agricultural and Resource Economics (1)
- Aquaculture and Fisheries (1)
- Ashcroft (1)
- Asia (1)
- Asian (1)
- Attorneys fees (1)
- Publication
-
- Kembrew McLeod (10)
- All Faculty Scholarship (5)
- Faculty Scholarship (5)
- Human Rights & Human Welfare (5)
- Dr. C. Keith Harrison (4)
-
- Emmanuel Mario B Santos aka Marc Guerrero (4)
- Carroy U "Cuf" Ferguson, Ph.D. (3)
- Péter Cserne (3)
- Articles (2)
- BYU Law Review (2)
- Inside UNLV (2)
- Rob Frieden (2)
- Communication Faculty Publications (1)
- Donna M. Hughes (1)
- Duke Law & Technology Review (1)
- Faculty Articles (1)
- Faculty Working Papers (1)
- Ganesh Chandra (1)
- Guides to Manuscript Collections (1)
- Ira Steven Nathenson (1)
- Law Faculty Scholarship (1)
- Mahurin Honors College Capstone Experience/Thesis Projects (1)
- Management and Marketing Faculty Publications (1)
- Popular Media (1)
- Sefik Tatlic (1)
- Taunya Lovell Banks (1)
- Vanderbilt Law School Faculty Publications (1)
- savad rahman (1)
- Publication Type
Articles 31 - 60 of 63
Full-Text Articles in Law
Archetypal Energies, The Emergence Of Obama As A Practical Idealist, And Global Transformation, Carroy U. Ferguson
Archetypal Energies, The Emergence Of Obama As A Practical Idealist, And Global Transformation, Carroy U. Ferguson
Carroy U "Cuf" Ferguson, Ph.D.
During this time of change, AHP and kindred spirits on the edge have important roles to play. We are the keepers and nurturers of a transformative and evolutionary Vision for Consciousness and a more humane world. At issue is what I will call the “psychic politics” for global transformation, nurtured by practical idealism and the Archetypal Energies. In other writings, I have described Archetypal Energies as Higher Vibrational Energies, operating deep within our individual and collective psyches, which have their own transcendent value, purpose, quality, and “voice”, unique to the individual. We experience them as “creative urges” to move us …
Fisher Management Regimes And Fisheries Governance In Floodplain Wetland Of Assam, Ganesh Chandra
Fisher Management Regimes And Fisheries Governance In Floodplain Wetland Of Assam, Ganesh Chandra
Ganesh Chandra
Assam is endowed with copious aquatic wealth in the form of beels, swamps, ponds and rivers. The floodplain wetlands (beels) extending over one lakh hectare, constitute the most important fishery resource of the state. The beels are considered as one of the most productive ecosystems owing to their characteristic interactions between land and water system. These wetlands are the common property resource and under different management regimes. Livelihood of fishers’ family from time immemorial is dependent upon fishing in floodplain wetlands. Fishers include the actual fishermen belonging to the Schedule castes and the Maimal community of the district of Cachar. …
The Role Of Gender Identities And Stereotype Salience With The Academic Performance Of Male And Female College Athletes, Keith Harrison
The Role Of Gender Identities And Stereotype Salience With The Academic Performance Of Male And Female College Athletes, Keith Harrison
Dr. C. Keith Harrison
An experiment was conducted to examine factors that moderate the experience of academic identity threat among college athletes who represent a stigmatized group on most college campuses (Yopyk & Prentice, 2005). It was hypothesized that because they are more engaged in academics, female college athletes would be especially threatened by the prospect of confirming the “dumb-jock” stereotype. As predicted, female college athletes performed more poorly when their athletic and academic identities were explicitly linked, but only on moderately difficult test items. The results also revealed that male college athletes performed significantly better (see stereotype reactance and self-affirmation) on more difficult …
Network Neutrality After Comcast: Toward A Case-By-Case Approach To Reasonable Network Management, Christopher S. Yoo
Network Neutrality After Comcast: Toward A Case-By-Case Approach To Reasonable Network Management, Christopher S. Yoo
All Faculty Scholarship
The Federal Communications Commission’s recent Comcast decision has rejected categorical, ex ante restrictions on Internet providers’ ability to manage their networks in favor of a more flexible approach that examines each dispute on a case-by-case basis, as I have long advocated. This book chapter, written for a conference held in February 2009, discusses the considerations that a case-by-case approach should take into account. First, allowing the network to evolve will promote innovation by allowing the emergence of applications that depend on a fundamentally different network architecture. Indeed, as the universe of Internet users and applications becomes more heterogeneous, it is …
From Audio To Print To Video To Court: Copyright Law And ―Sampling‖ Across Media, Kembrew Mcleod
From Audio To Print To Video To Court: Copyright Law And ―Sampling‖ Across Media, Kembrew Mcleod
Kembrew McLeod
No abstract provided.
Viewpoint Diversity And Media Consolidation: An Empirical Study, Daniel E. Ho, Kevin M. Quinn
Viewpoint Diversity And Media Consolidation: An Empirical Study, Daniel E. Ho, Kevin M. Quinn
Faculty Articles
One of the central predicates of legal regulation of media ownership is that ownership consolidation reduces substantive viewpoint diversity. Appellate courts and, in turn, the Federal Communications Commission have increasingly demanded evidence for this convergence hypothesis, but extant empirical measures of viewpoint diversity sidestep the problem, ignoring diversity, viewpoints, or both. Our Article develops and offers a finely tuned, time-varying statistical measure of editorial viewpoint diversity, based on a new database of over 1600 editorial positions in twenty-five top newspapers from 1988-2004. Using this new measure, we assess the validity of the convergence hypothesis by examining the evolution of editorial …
Stereotypes And Stigmas Of College Athletes In Tank Mcnamara's Cartoon Strip: Fact Or Fiction?, Keith Harrison
Stereotypes And Stigmas Of College Athletes In Tank Mcnamara's Cartoon Strip: Fact Or Fiction?, Keith Harrison
Dr. C. Keith Harrison
The purpose of this study was to explore the perceptions of National Collegiate Athletic Association (NCAA) Division I student-athletes (N= 43) regarding stereotypical cartoons about athletes. A qualitative approach, which included a visual elicitation technique, was utilized by administering the Lifestyle Association & Representation of Athletes Scale (LARAS). The LARAS explored participants’ perceptions of the following six specific concepts: a) academic support issues; b) academic progress; c) coaches as educators; d) professional sport aspirations; e) media identities, advertising, and representation; and f) cultural issues and recruiting. Five major themes emerged from participants’ perceptions: Big Sport Business, Athletic Image, College Athlete …
Looking For Fair Use In The Dmca's Safety Dance, Ira Nathenson
Looking For Fair Use In The Dmca's Safety Dance, Ira Nathenson
Ira Steven Nathenson
Like a ballet, the notice-and-take-down provisions of the Digital Millennium Copyright Act ("DMCA") provide complex procedures to obtain take-downs of online infringement. Copyright owners send notices of infringement to service providers, who in turn remove claimed infringement in exchange for a statutory safe harbor from copyright liability. But like a dance meant for two, the DMCA is less effective in protecting the "third wheel," the users of internet services. Even Senator John McCain - who in 1998 voted for the DMCA - wrote in exasperation to YouTube after some of his presidential campaign videos were removed due to take-downs. McCain …
The Slaves’ Own Country, Savad Rahman
Case Studies In Abandoned Empiricism And The Lack Of Peer Review, Rob M. Frieden
Case Studies In Abandoned Empiricism And The Lack Of Peer Review, Rob M. Frieden
Rob Frieden
In far too many instances, the Federal Communications Commission (“FCC”) engages in results-driven decision making that accrues political dividends at the expense of the public interest. Remarkably, the Commission has used questionable and unverifiable statistics to confirm both the need for greater regulation, but also its abandonment. In the former, a former Chairman of the FCC insisted that data, not even compiled by Commission staff, proved that the cable television market had become so concentrated as to meet a Congressionally legislated trigger for heightened regulatory scrutiny. But in the latter, the FCC has used its statistics to support the conclusion …
Incentivize Me!—How Incumbent Carriers In The United States Attempt To Extract Greater Deregulation And Incentives In Exchange For Making Next Generation Network Investments, Rob M. Frieden
Rob Frieden
Incumbent carriers often vilify the regulatory process as a drain on efficiency and an unnecessary burden in light of robust marketplace competition. Some claim that regulation creates disincentives for investing in expensive next generation networks (“NGNs”), particularly if regulations mandate unbundling of services into composite parts, with burdensome interconnection and below market pricing of access by competitors. Both incumbents, prospective market entrants and recent market entrants may seek to tilt the competitive playing field to their advantage typically by securing a regulatory sanction that helps them reduce investment costs, delay having to make an investment, or secure a competitive advantage …
Diabolical Frivolity Of Neoliberal Fundamentalism, Sefik Tatlic
Diabolical Frivolity Of Neoliberal Fundamentalism, Sefik Tatlic
Sefik Tatlic
Today, we cannot talk just about plain control, but we must talk about the nature of the interaction of the one who is being controlled and the one who controls, an interaction where the one that is “controlled” is asking for more control over himself/herself while expecting to be compensated by a surplus of freedom to satisfy trivial needs and wishes. Such a liberty for the fulfillment of trivial needs is being declared as freedom. But this implies as well the freedom to choose not to be engaged in any kind of socially sensible or politically articulated struggle.
Troubled Waters: Mid-Twentieth Century American Society On "Trial" In The Films Of John Waters, Taunya Lovell Banks
Troubled Waters: Mid-Twentieth Century American Society On "Trial" In The Films Of John Waters, Taunya Lovell Banks
Faculty Scholarship
In this Article Professor Banks argues that what makes many of filmmaker John Waters early films so subversive is his use of the “white-trash” body—people marginalized by and excluded from conventional white America—as countercultural heroes. He uses the white trash body as a surrogate for talk about race and sexuality in the early 1960s. I argue that in many ways Waters’ critiques of mid-twentieth century American society reflect the societal changes that occurred in the last forty years of that century. These societal changes resulted from the civil rights, gay pride, student, anti-war and women’s movements, all of which used …
0769: Roger And Eve (Alwyn) Hinchman Papers, 1871-1994, Marshall University Special Collections
0769: Roger And Eve (Alwyn) Hinchman Papers, 1871-1994, Marshall University Special Collections
Guides to Manuscript Collections
Eve Alwyn-Hinchman was born August 15, 1914 and died on November 16, 2005. She was a successful television and radio personality with her mother Laurie Alwyn, both in Boston M.A. and Fort Lauderdale FL. Eve and Lauri hosted radio shows in the Baltimore MD area for over 7 years before moving to Florida where they hosted a radio and later a Television show in the Palm Beach FL area for many years. Eve was married to Roger Hinchman (b. November 28, 1912; d. January 1, 1991) on June 1, 1964 after the moved to Florida. Lauri, a health educator and …
Los Immigrantes: In-Depth Reporting And Anonymous Source Analysis, Ashley Belcher
Los Immigrantes: In-Depth Reporting And Anonymous Source Analysis, Ashley Belcher
Mahurin Honors College Capstone Experience/Thesis Projects
This Capstone Experience/Thesis is an in-depth reporting project on Hispanic immigration in Bowling Green, Kentucky. With a journalistic approach, this project identifies key issues in the immigrant community, including issues concerning illegal immigrants. The purpose of this project is to identify and document the stories of these immigrants. Because some sources interviewed were illegal, anonymity was upheld throughout the project. This CE/T also analyzes the use of anonymous sources in journalism. Specifically, this project analyzes the balance of the field of journalism’s requirement to inform its public and the requirement to not harm any source.
Consumer Harm Acts? An Economic Analysis Of Private Actions Under State Consumer Protection Acts, Henry N. Butler, Jason S. Johnston
Consumer Harm Acts? An Economic Analysis Of Private Actions Under State Consumer Protection Acts, Henry N. Butler, Jason S. Johnston
Faculty Working Papers
State Consumer Protection Acts (CPAs) were adopted in the 1960s and 1970s to protect consumers from unfair and deceptive practices that would not be redressed but for the existence of the acts. In this sense, CPAs were designed to fill existing gaps in market, legal and regulatory protections of consumers. CPAs were designed to solve two simple economic problems: 1) individual consumers often do not have the incentive or means to pursue individual claims against mass marketers who engage in unfair and deceptive practices; and, 2) because of the difficulty of establishing elements of either common law fraud or breach …
Unlearning Fear Of Out-Group Others, Terry A. Maroney
Unlearning Fear Of Out-Group Others, Terry A. Maroney
Vanderbilt Law School Faculty Publications
In this brief Comment, Maroney offers a perspective based in the scientific study of fear and social-group judgment. She discusses research showing that humans display heightened, persistent fear responses to "outgroup" faces, and suggests ways in which such research might inform our assessment of intergroup conflict resolution. Comment responsive to Douglas H. Yarn & Gregory Todd Jones, A Biological Approach to Understanding Resistance to Apology, Forgiveness, and Reconciliation in Group Conflict, 72 Law & Contemp. Probs. 63 (2009).
Connected Coordination: Network Structure And Group Coordination, Mathew D. Mccubbins, Ramamohan Paturi, Nicholas Weller
Connected Coordination: Network Structure And Group Coordination, Mathew D. Mccubbins, Ramamohan Paturi, Nicholas Weller
Faculty Scholarship
Networks can affect a group’s ability to solve a coordination problem. We utilize laboratory experiments to study the conditions under which groups of subjects can solve coordination games. We investigate a variety of different network structures, and we also investigate coordination games with symmetric and asymmetric payoffs. Our results show that network connections facilitate coordination in both symmetric and asymmetric games. Most significantly, we find that increases in the number of network connections encourage coordination even when payoffs are highly asymmetric. These results shed light on the conditions that may facilitate coordination in real-world networks.
Internet Defamation As Profit Center: The Monetization Of Online Harassment, Ann Bartow
Internet Defamation As Profit Center: The Monetization Of Online Harassment, Ann Bartow
Law Faculty Scholarship
Efforts to decrease the sexist aspects of online fora have been largely ineffective, and in some instances seemingly counterproductive, in the sense that they have provoked even greater amounts of abuse and harassment with a gendered aspect. And so, in the wake of a series of high profile episodes of cyber sexual harassment, and a grotesque abundance of low profile ones, a new business model was launched. Promising to clean up and monitor online information to defuse the visible impact of coordinated harassment campaigns, a number of entities began to market themselves as knights in cyber shining armor, ready to …
Competition In The Courtroom: When Does Expert Testimony Improve Jurors’ Decisions?, Cheryl Boudreau, Mathew D. Mccubbins
Competition In The Courtroom: When Does Expert Testimony Improve Jurors’ Decisions?, Cheryl Boudreau, Mathew D. Mccubbins
Faculty Scholarship
Many scholars lament the increasing complexity of jury trials and question whether the testimony of competing experts helps unsophisticated jurors to make informed decisions. In this article, we analyze experimentally the effects that the testimony of competing experts has on (1) sophisticated versus unsophisticated subjects' decisions and (2) subjects' deci- sions on difficult versus easy problems. Our results demonstrate that competing expert testimony, by itself, does not help unsophisticated subjects to behave as though they are sophisticated, nor does it help subjects make comparable decisions on difficult and easy problems. When we impose additional institutions (such as penalties for lying …
Take Two Tablets And Do Not Call For Judicial Review Until Our Heads Clear: The Supreme Court Prepares To Demolish The 'Wall Of Separation' Between Church And State, Terence Lau, William Wines
Take Two Tablets And Do Not Call For Judicial Review Until Our Heads Clear: The Supreme Court Prepares To Demolish The 'Wall Of Separation' Between Church And State, Terence Lau, William Wines
Management and Marketing Faculty Publications
In this article, we examine the issues that bring First Amendment jurisprudence to the grant of certiorari in Pleasant Grove v. Summum, scheduled for oral argument in the Supreme Court of the United States in November. We examine the historical basis for America’s religious heritage, the historical judicial treatment of the religious clauses, and the erosion of the wall of separation between church and state. We examine the Ten Commandments, finding inherent discrimination present in modern-day attempts to advance a particular version of the Ten Commandments as secular. By drawing upon Rousseau’s civic religion, we suggest alternative routes for the …
Media Subpoenas: Impact, Perception, And Legal Protection In The Changing World Of American Journalism, Ronnell Andersen Jones
Media Subpoenas: Impact, Perception, And Legal Protection In The Changing World Of American Journalism, Ronnell Andersen Jones
Faculty Scholarship
Forty years ago, at a time when the media were experiencing enormous professional change and a surge of subpoena activity, First Amendment scholar Vincent Blasi investigated the perceptions of members of the press and the impact of subpoenas within American newsrooms in a study that quickly came to be regarded as a watershed in media law. That empirical information is now a full generation old, and American journalism faces a new critical moment. The traditional press once again finds itself facing a surge of subpoenas and once again finds itself at a time of intense change—albeit on a different trajectory—as …
To (C) Or Not To (C)? Copyright And Innovation In The Digital Typeface Industry, Jacqueline D. Lipton
To (C) Or Not To (C)? Copyright And Innovation In The Digital Typeface Industry, Jacqueline D. Lipton
Articles
Intellectual property rights are often justified by utilitarian theory. However, recent scholarship suggests that creativity thrives in some industries in the absence of intellectual property protection. These industries might be called IP's negative spaces. One such industry that has received little scholarly attention is the typeface industry. This industry has recently digitized. Its adoption of digital processes has altered its market structure in ways that necessitate reconsideration of its IP negative status, with particular emphasis on copyright. This article considers the historical denial of copyright protection for typefaces in the United States, and examines arguments both for and against extending …
Secondary Liability And The Fragmentation Of Digital Copyright Law, Jacqueline D. Lipton
Secondary Liability And The Fragmentation Of Digital Copyright Law, Jacqueline D. Lipton
Articles
The digital age brought many challenges for copyright law. While offering enticing new formats for the production and dissemination of copyright content, it also raised the specter of large scale digital piracy. Since the end of the 20th century, content industries have reeled to keep up with technological developments that offer significant promise as well as threats of large scale piracy. There has always been some tension between promoting innovation in content creation and promoting innovation in technologies that enable the enjoyment of copyright works, such as photocopiers, audio tape recorders, video tape recorders, and peer-to-peer file sharing systems. The …
A Witness To Justice, Jessica Silbey
A Witness To Justice, Jessica Silbey
Faculty Scholarship
In the 1988 film The Accused, a young woman named Sarah Tobias is gang raped on a pinball machine by three men while a crowded bar watches. The rapists cut a deal with the prosecutor. Sarah's outrage at the deal convinces the assistant district attorney to prosecute members of the crowd that cheered on and encouraged the rape. This film shows how Sarah Tobias, a woman with little means and less experience, intuits that according to the law rape victims are incredible witnesses to their own victimization. The film goes on to critique what the right kind of witness would …
Women’S Unequal Citizenship At The Border: Lessons From Three Nonfiction Films About The Women Of Juárez, Regina Austin
Women’S Unequal Citizenship At The Border: Lessons From Three Nonfiction Films About The Women Of Juárez, Regina Austin
All Faculty Scholarship
There is no better illustration of the impact of borders on women’s equal citizenship than the three documentaries reviewed in this essay. All three deal with the femicides that befell the young women of Ciudad Juárez, Mexico between 1993 and 2005. Juarez is just across the border from El Paso, Texas. Performing the Border (1999) stimulates the viewer’s imagination regarding the ephemeral nature of borders and their impact on the citizenship of women who live at the intersection of local, regional, national and international legal regimes. Señorita Extraviada (2001) is an intimate portrait of the victims which illustrates why the …
Copyright Criminals: A Discussion About Filmmaking, The Clearance Culture, And Fair Use, Kembrew Mcleod
Copyright Criminals: A Discussion About Filmmaking, The Clearance Culture, And Fair Use, Kembrew Mcleod
Kembrew McLeod
No abstract provided.
Copyright Criminals, Kembrew Mcleod
Copyright Criminals, Kembrew Mcleod
Kembrew McLeod
Feature-length documentary. World premiere at the Toronto International Film Festival on September 19, 2009. United States broadcast premiere on PBS‘s documentary series, Independent Lens, on January 19, 2010.
Phoning It In: A Digitized Lecture-Performance On The History Of Music And The Telephone, By The Killer Apps, Kembrew Mcleod, L. Glass
Phoning It In: A Digitized Lecture-Performance On The History Of Music And The Telephone, By The Killer Apps, Kembrew Mcleod, L. Glass
Kembrew McLeod
No abstract provided.
"Athleticated" Versus Educated: A Qualitative Investigation Of Campus Perceptions, Recruiting And African American Male Student-Athletes, Keith Harrison
"Athleticated" Versus Educated: A Qualitative Investigation Of Campus Perceptions, Recruiting And African American Male Student-Athletes, Keith Harrison
Dr. C. Keith Harrison
The purpose of this study was to conduct a qualitative investigation of student narratives (N= 167) about the contemporary issue of recruiting high-profile African American male student-athletes. Participants were asked to view a scene on recruiting from the film, The Program (1994). Participants were then presented with questions regarding a recruiting trip by an African American football player to a traditionally white campus. Findings indicate that both Black and White students perceived the African American male student-athletes in the film scene to be more "athleticated" than educated. They were also perceived as stereotypical sex-objects. "When athletes (especially male) show up …