Law Commons^™

The Role Of Guaranteed Sexual Education In Argentina And Its Influence In The #Abortolegalya Movement, Shannon Mcgovern

Undergraduate Theses and Capstone Projects

This paper focuses on the role the 2006 Sexual education law in Argentina has on the current #AbortoLegalYa #QueSeaLey movements. With the implementation of guaranteed, free sexual education for every student in Argentina, more individuals began wanting to have a say over their bodies. As more people learned about their reproductive rights, they also learned that they had the right to speak up and demand what they consider necessary. This paper focused on the Campaña national por aborto seguro, legal, y gratuito and their role on influencing both the current movement, and the 2006 passing of the sexual education law. …

Does The Press Have A Right To Be Wrong?: Fake News, Press Freedom, And Defamation Law In 2021, Nathan T. Danielson

Journalism

The following study analyzes defamation lawsuits filed against Fox News and its on-air personalities by companies that manufactured and maintained voting machines used in the 2020 US presidential election. Smartmatic and Dominion accused Fox in court of broadcasting debunked allegations that the companies had rigged the election against incumbent president (and longtime Fox viewer) Donald Trump. The size of the sought-after damages, and the size of Fox itself, make this the largest “fake news suit” in history. This study explores the merits of the suits, defenses to defamation (particularly opinion, political speech, and retraction) and the potential ramifications of a …

Extending The Roberts Court’S Affirmation Of Individual Expressive Rights To The First Amendment Claim In Masterpiece Cakeshop, Nancy J. Whitmore

Scholarship and Professional Work - Communication

No abstract provided.

Geopolitics And The Digital Domain: How Cyberspace Is Impacting International Security, Georgia Wood

Independent Study Project (ISP) Collection

The digital domain is the emerging environment for which the internet and data connectivity exists. This new domain is challenging the traditional place for geopolitics to exist, and creating new challenges to international relations. The use of cyberweapons through direct cyberattacks, such as the possibility of an attack on the U.S. power grid, or misinformation campaigns, such as the one launched by Russia against the 2016 U.S. Presidential election, can expand the international threat landscape. While these new threats increase, states are widely not prepared to address the new challenges in the digital domain. This paper will use three primary …

Clergy & Police A Semiotic Analysis Of Clergy On Patrol, Ricardo Estevan Reyes

Communication & Theatre Arts Theses

The Clergy On Patrol (COP) program is a collaboration between the Norfolk Police Department and community faith leaders of the Norfolk Urban Renewal Center. This study analyzed themes and patterns in the communicative relationship between police and clergy members, using a semiotic approach and the scholarship of intergroup communication. Additionally, an added secondary analysis of media coverage helped focus the results of the study using themes. This thesis merged the two semiotic analyses to examine a style of community policing that has lacked a closer eye.

This thesis guided itself by the argument that clergy-police collaborative programs structure …

Encuadrar El Aborto: Un Estudio De Caso De Dos Medios Impresos Porteños Durante El Debate En El Congreso Nacional De Argentina En 2018 / Framing Abortion: A Case Study Of Two Buenos Aires Print Media During The Debate In The Argentina National Congress In 2018, Emma Lohman

Independent Study Project (ISP) Collection

En 2018 el Proyecto de Ley de la Interrupción Voluntaria del Embarazo fue presentado al Congreso Nacional de Argentina por la Campaña Nacional por el Derecho al Aborto Legal, Seguro y Gratuito, desatando un debate en todo el país sobre el tema. Dado que los medios impresos desempeñaban un rol importante en la conversación, me interesa investigar cómo dos medios impresos de Buenos Aires, el diario La Nación y la publicación comunitaria mensual Revista Cítrica encuadraron el aborto en sus artículos publicados entre junio y agosto de 2018. Utilizando una metodología cualitativa y teniendo en cuenta que los marcos realizan …

Supreme Court Journalism: From Law To Spectacle?, Barry Sullivan, Cristina Carmody Tilley

Washington and Lee Law Review

Few people outside certain specialized sectors of the press and the legal profession have any particular reason to read the increasingly voluminous opinions through which the Justices of the Supreme Court explain their interpretations of the Constitution and laws. Most of what the public knows about the Supreme Court necessarily comes from the press. That fact raises questions of considerable importance to the functioning of our constitutional democracy: How, for example, does the press describe the work of the Supreme Court? And has the way in which the press describes the work of the Court changed over the past several …

Pornography: Adolescent Brain Development & Addiction, William K. Canady

National Youth Advocacy and Resilience Conference

This presentation will explain the historical development of pornography. It will highlight three segments: 1- Porn’s impact on brain development of reward pathways, ultimately increasing the appetite for more porn. 2- Porn can be a false substitute for real intimacy, resulting in decreased sexual satisfaction with a real person and increased verbal and physical aggression. 3- Porn promotes sex trafficking, promotes multiple sex partners and reduced STD prevention.

Dialogue On Demagoguery, Seth F. Kreimer, Patricia Roberts-Miller, Penn Program On Documentaries & The Law

Documentaries & the Law Videos

What precisely is “demagoguery”? What is the source of the power of its appeal to populism and irrational prejudice? What role can freedom of speech play in moving society away from an outcome-based discourse that serves the interests of a frightened insider group to broad-based democratic deliberation grounded in facts and policy? These are among the issues discussed in the lively dialogue between Patricia Roberts-Miller, Professor of Rhetoric and Writing and Director of the University Writing Center at the University of Texas at Austin and Seth Kreimer, Kenneth W. Gemmill Professor of Law at the University of Pennsylvania.

Click the …

Protecting The Role Of The Press During Times Of Crisis, Mary-Rose Papandrea

William & Mary Law Review

President Trump’s daily tweets attacking the media have led many observers to express concern about the state of the press in our nation. Trump has called the press “the ... enemy of the [American] people,” encouraged a climate of hatred toward journalists at his rallies, refused to condemn Saudi Arabia for the brutal killing of reporter Jamal Khashoggi, and accused the media of writing “fake news.” The public’s trust in the institutional press has simultaneously diminished. Combined with the continuing economic challenges journalists face, the press is certainly facing some difficult times.

Nevertheless, things are not as dire as they …

With The Release Of Electoral Boundaries Report, All Eyes Now On Political Parties’ Next Moves, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law Eugene Tan discussed the implications of the Electoral Boundaries Review Committee (EBRC) report and what it means for the political parties and Singapore politics in general. He expects the election to be held sooner rather than later with the ERBC report's release, and there will be little time for parties, especially the opposition, to prepare.

Beauty For Ashes: Reflections On Aesthetic Experience And Suffering, Douglas Gilmour

Verbum Incarnatum: An Academic Journal of Social Justice

In this essay, I examine the relationship between aesthetic experience and suffering, and I specifically explore how and why the former can potentially serve to meliorate the severity of the latter. Of course, that art and beauty can provide a certain measure of comfort and healing to the afflicted is a universally acknowledged truth; however, the reasons why this should be so could be considered an equally universal mystery. “I feel we understand too little about the psychology of loss,” writes Arthur Danto, “to understand why the creation of beauty is so fitting a way of marking it.” By exploring …

Music Therapy As A Treatment For Female Adolescents With Childhood Abuse, Janice M. Dvorkin Psy.D, Acmt, Sierra Belmares

Verbum Incarnatum: An Academic Journal of Social Justice

This article describes the preference to using receptive music therapy as a modality for helping an adolescent who has PTSD from childhood abuses. Adolescence is a difficult period during the life span. The second stage of separation/individuation provides challenges to almost all adolescents. This article contains a description of the adolescent behaviors of someone who is experiencing the consequences of PTSD. Along with an explanation of why receptive music therapy is an effective therapy with this population is a case study.

Free Battered Texas Women: Survivor-Advocates Organizing At The Crossroads Of Gendered Violence, Disability, And Incarceration, Cathy Marston Phd

Verbum Incarnatum: An Academic Journal of Social Justice

This article recaps my symposium presentation, where I argue that feminist organizing strategies are central to healing our society and creating restorative justice from my perspective as a survivor of occupational injury, battering, and criminalization for self-defense. This includes the creation of Free Battered Texas Women. We prefer to think of ourselves as survivor-advocates who use a variety of tactics to empower ourselves, incarcerated battered women, and citizens. These strategies include pedagogy; poetry and other written forms; art; and legislative advocacy. I blend this grassroots activism with feminist disability theory, radical feminist theory, feminist ethnography, and feminist criminology.

How We Talk About The Press, Erin C. Carroll

Georgetown Law Faculty Publications and Other Works

In 2017, the term “fake news” was so popular that it received the “Word of the Year” honor from the American Dialect Society. Since then, its popularity may have abated some, but its use persists. Most obviously, anti-press speakers weaponize the term fake news to undermine journalists and the press as an institution. Perhaps more surprisingly, however, the term is also in regular rotation among many who would seem to support a free and independent press, including scholars, teachers, and journalists themselves.

The continued and often-uncritical use of fake news should worry us. As thinkers across disciplines have recognized for …

Criminal Justice Bias: Fact Or Fiction, Hiba Mobarak

Quest

Objective Analysis

Research in progress for CRIJ 1301: Introduction to Criminal Justice

Faculty Mentor: Stefanie LeMaire

The following paper represents work produced by a student in an Introduction to Criminal Justice course at Collin College. The paper is an objective analysis of prominent research regarding potential police biases and how officers’ decisions may be influenced by a suspect’s race. The topic of racial bias within policing is quite controversial, as evidenced by the community protests, media coverage, and destruction that has ensued after officer-involved shootings. This assignment asks students to objectively review scholarly research on police bias and constructively criticize …

Extrajudicial Statements And Prejudice In The Digital Age: Creating Factors To Preserve The Balance Between Attorney And State Interests In Trial Litigation, Emily R. O'Hara

William & Mary Law Review

As social media’s prevalence and usage grows within the United States, people and organizations capitalize on new media to send news to users. In 2017, 67 percent of people consumed their news from social media websites, and the rate continues to grow. Local and national news sources bring newsworthy stories to active users on social media sites such as Twitter, where users can communicate and interact with one another to promote ideas and spread information. These online accounts cover not only mundane, day-to-day news, but also salacious stories relating to civil and criminal lawsuits.

In April 2018, attorney Neal Katyal …

2020 Mlk Keynote Address: Michelle Alexander Presentation, Center For Social Equity & Inclusion, Michelle Alexander, Rosanne Somerson, Matthew Shenoda

Martin Luther King, Jr. Series

2020 MLK Series Keynote Michelle Alexander brings audiences profoundly necessary and meaningful insights on the practice of mass incarceration that plagues the US justice system, as well as eye-opening conversation on how we can end racial caste in America. Lecture Wednesday, January 22, 2020 at 5:30pm, RISD Auditorium, 17 Canal Walk, Providence, RI.

In her acclaimed bestseller The New Jim Crow: Mass Incarceration in the Age of Colorblindness, Alexander peels back the curtain on systemic racism in the US prison system in a work that the New York Review of Books describes as "striking in the intelligence of her …

Criminalization Of Young Black Males, Useni Eugene Perkins

Cultural Encounters, Conflicts, and Resolutions

ABSTRACT

This paper examines the historical, social, cultural and political factors that contribute to the criminalization of a disproportionate number of young Black males. In doing so, it provides greater clarity for the reasons we are “walking in circles” to find a solution to why these youth are facing a future that is indisputably bleak. In framing this pronouncement, it will show how these factors have been institutionalized to create a system of racial oppression that targets young Black males to be both its victims and victimizers. As the result of this system, many young Black males are portrayed in …

Introduction, Antonio Medina-Rivera, Lee F. Wilberschied Ph.D.

Cultural Encounters, Conflicts, and Resolutions

No abstract provided.

Introduction Project 400: Our Lived Experience, Ronnie A. Dunn

Cultural Encounters, Conflicts, and Resolutions

No abstract provided.

The New Debt Peonage In The Era Of Mass Incarceration, Timothy Black, Lacey Caporale

Cultural Encounters, Conflicts, and Resolutions

In 1867, Congress passed legislation that forbid the practices of debt peonage. However, the law was circumvented after the period of Reconstruction in the south and debt peonage became central to the expansion of southern agriculture through sharecropping and industrialization through convict leasing, practices that forced debtors into new forms of coerced labor. Debt peonage was presumable ended in the 1940s by the Justice Department. But was it? The era of mass incarceration has institutionalized a new form of debt peonage through which racialized poverty is governed, mechanisms of social control are reconstituted, and freedom is circumscribed. In this paper, …

When Mini-Publics And Maxi-Publics Coincide: Ireland’S National Debate On Abortion, David M. Farrell, Jane Suiter, Kevin Cunningham, Clodagh Harris

Articles

Ireland’s Citizens’ Assembly (CA) of 2016–18 was tasked with making recommendations on abortion. This paper shows that from the outset its members were in large part in favour of the liberalisation of abortion (though a fair proportion were undecided), that over the course of its deliberations the CA as a whole moved in a more liberal direction on the issue, but that its position was largely reflected in the subsequent referendum vote by the population as a whole.

Against The "Safety Net", Matthew B. Lawrence

Faculty Articles

Then-Representative Jack Kemp and President Ronald Reagan originated the “safety net” conception of U.S. health and welfare laws in the late 1970s and early 1980s, defending proposed cuts to New Deal and Great Society programs by asserting that such cuts would not take away the “social safety net of programs” for those with “true need.” Legal scholars have adopted their metaphor widely and uncritically. This Article deconstructs the safety net metaphor and counsels against its use in understanding health and welfare laws. The metaphor is descriptively confusing because it means different things to different audiences. Some understand the safety net …

The Chilling Effect Of Copyright Permissions On Academic Research: The Case Of Communication Researchers, Patricia Aufderheide

Joint PIJIP/TLS Research Paper Series

Communications researchers in the U.S., who routinely analyze copyrighted material, both qualitatively and quantitatively, face challenges from strict copyright. The doctrine of fair use permits some unpermissioned use of copyrighted works. Survey research shows that researchers routinely need access to copyrighted material; that they are often unsure or confused, even unknowing, about fair use; and that this lack of knowledge and/or familiarity leads to both failure to execute and failure to initiate, or “imagination foregone.” Creating a best practices code has improved knowledge but more institutional change is needed for knowledge to inform action.

Acts Of Meaning, Resource Diagrams, And Essential Learning Behaviors: The Design Evolution Of Lost & Found, Owen Gottlieb, Ian Schreiber

Articles

Lost & Found is a tabletop-to-mobile game series designed for teaching medieval religious legal systems. The long-term goals of the project are to change the discourse around religious laws, such as foregrounding the prosocial aspects of religious law such as collaboration, cooperation, and communal sustainability. This design case focuses on the evolution of the design of the mechanics and core systems in the first two tabletop games in the series, informed by over three and a half years’ worth of design notes, playable prototypes, outside design consultations, internal design reviews, playtests, and interviews.

The Chumash Heritage National Marine Sanctuary: An Exploration Of Changing The Discourse On Conservation, Arielle Ben-Hur

Pitzer Senior Theses

In 2015, the Northern Chumash Tribal Council submitted a National Marine Sanctuary Nomination to establish the Chumash Heritage National Marine Sanctuary– a means by which to ensure the protection of one of the most culturally and biologically diverse coastlines in the world. On October 5, 2015, John Armor of the National Oceanic and Atmospheric Administration (NOAA) responded to the nomination, adding it to the inventory of areas NOAA may consider in the future for national marine sanctuary designation.

In my thesis, I explore how the nomination of the Chumash Heritage National Marine Sanctuary acts as a platform from which Traditional …

Mapping Misinformation In The Coronavirus Outbreak, Ana Santos Rutschman

All Faculty Scholarship

The coronavirus outbreak has sent ripples of fear and confusion across the world. These sentiments—and our collective responses to the outbreak—are made worse by rampant misinformation surrounding the new strain of the virus, COVID-2019. In this post, I survey some of the most pervasive areas of tentacular coronavirus-related misinformation that has proliferated online -- as well as the responses of social media companies like YouTube, Facebook, Pinterest and TikTok that may ultimately prove inadequate given the magnitude of the problem.

A Taxing Feminism, Anthony C. Infanti, Bridget J. Crawford

Book Chapters

Feminist perspectives are not new to tax law. The first academic piece bringing a feminist perspective to bear on tax law dates to the early 1970s, when Grace Blumberg published “Sexism in the Code: A Comparative Study of Income Taxation of Working Wives and Mothers.” Contemporaneously, none other than Ruth Bader Ginsburg (along with her tax lawyer husband Marty Ginsburg) brought a feminist perspective to bear on tax law when she argued Moritz v. Commissioner before the Tenth Circuit Court of Appeals, as depicted in the movie On the Basis of Sex. Since then, numerous other contributions have been …

There And Back: Vindicating The Listener's Interests In Targeted Advertising In The Internet Information Economy, Caitlin Jokubaitis

Kernochan Center for Law, Media, and the Arts

Targeted advertising — the process by which advertisers direct their message at a specific demographic — is neither a recent1 nor an irrational phenomenon.2 One industry executive has proclaimed it the “rare win for everyone” because it serves producers, advertisers, and consumers alike. It should be no surprise that the Information sector of the online economy — particularly new and social media platforms with robust access to consumer data — has structured revenue streams to benefit from targeted advertising. These platforms generate “substantially all of [their] revenue from advertising,” which in turn rely on active user engagement.

The Internet Information …