Law Commons^™

The Economics Of Information And The Meaning Of Speech, Charles W. Collier

Catholic University Law Review

In common usage the communication of information is not sharply distinguished from the use of language or speech to make factual or propositional statements. So it should come as no surprise that one of the main legal justifications for protecting speech--that it underwrites a “marketplace of ideas” and thereby contributes to the search for truth--has strong parallels in the economic theory of information. “Indeed,” as Kenneth Arrow writes, “the market system as a whole has frequently been considered as an organization for the allocation of resources; the typical argument for its superiority to authoritative central allocation has been the greater …

Coronavirus Communication: Interaction Of Church, State, And Constitution In The Pandemic Environment, Valeriia Manchak

Helm's School of Government Conference - American Revival: Citizenship & Virtue

This paper investigates the response to Covid-19 by examining the communication problem between the government and religious institutions. During the outbreak, some faith-based organizations used religion-abetted value judgments which affected viral spread (Whitehead and Perry 2020). Religious institutions can also inspire people to be supportive while the world endures hard times. (Wildman, Bulbulia and et al. 2020). This paper will explain where churches have contributed to the challenges of dealing with the COVID virus and provide recommendations for the better response (Wildman, Bulbulia and et al. 2020). This paper also discusses where the government violated constitutional rights and how to …

Conflict Communication In Law Enforcement, Don Zheng

All Graduate Theses, Dissertations, and Other Capstone Projects

This paper will focus on addressing conflict communication in law enforcement and what literature are available and the gaps within them. Conflict communication can range from the way's words are used, what words are used, and when those words are used when police officers interact with the public. Due to the lack of extensive research done within communication studies and law enforcement, this paper aims to aid in getting future research studies done within the professions. Conflict communication within law enforcement is a topic that should be talked about more to possibly lower the number of instances where physical and/or …

The Dangers Of Free Speech In The Modern World, Katie Yoak

Williams Honors College, Honors Research Projects

In our modern day individuals often feel safe being able to say whatever they want from behind a computer. The ability to say whatever we want online has both positive and negative effects. This digital form of communication can bring out both the best and worst in us. Many people in our modern age take this technology and use it to engage in aggressive behavior that may not normally occur or be seen by as many people. In this modern day of internet aggression I wish to explore how the ability to speak freely online and through social media services …

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.

Utilization Of Social Media In Giving Information Related To Activities And Performance Of Legislative Members (-A Case Study Of Women Legislative Members In The Aceh People's Representative Council (Dpra), Ainol Mardhiah, Dadang Rahmat Hidayat, Agus Rahmat, Nuryah Asri Sjafirah

Library Philosophy and Practice (e-journal)

The existence of communication media cannot be separated from everyday human life today. Social media provides extraordinary benefits for members of Aceh House of Representatives (DPRA) to get closer to its people. The use of social media to socialize the performance of board members, absorb aspirations and information from the public. The qualitative research method and the case study approach used in this study, this study intends to describe the use of social media in providing information related to the activities and performance of women legislative members in the DPRA in carrying out political communication in Aceh's local parliament. The …

Shooting The Messenger, Leslie K. John, Hayley Blunden, Heidi H. Liu

All Faculty Scholarship

Eleven experiments provide evidence that people have a tendency to ‘shoot the messenger,’ deeming innocent bearers of bad news unlikeable. In a pre-registered lab experiment, participants rated messengers who delivered bad news from a random drawing as relatively unlikeable (Study 1). A second set of studies points to the specificity of the effect: Study 2A shows that it is unique to the (innocent) messenger, and not mere bystanders. Study 2B shows that it is distinct from merely receiving information that one disagrees with. We suggest that people’s tendency to deem bearers of bad news as unlikeable stems in part from …

Access To Communication In United States Prisons: Reducing Recidivism Through Expanded Communication Programs With Inmates, Lilie Gross

Politics & Government Undergraduate Theses

The need for better communication systems in prisons is dire and will reduce recidivism rates in the United States. Not only is communication via phone lines extremely expensive and corrupt, it is almost impossible. Inmates in United States Prisons need this availability and option to communicate with their families and maintain outside relationships. While maintaining healthy and positive relationships is good for inmate's mental health, it also decreases the risk of recidivism. This paper aims to highlight the benefits of phone communication and relationships between inmates and family on the outside for it will decrease the 50% recidivism rate that …

The Influence Of Setting On Supreme Court Religious Expression Decisions, Joseph J. Hemmer Jr.

Communication and Theater Association of Minnesota Journal

The First Amendment prohibits any establishment of religion, a dicta that has been applied in an apparently inconsistent manner by the Supreme Court when called upon to evaluate various forms of verbal and nonverbal religious communication. Court decisions have approved religious prayers and displays in government settings. When such exercises and displays were introduced to the public school academic setting, the Court chose to disallow the practice. An examination of judicial opinions reveals that justices recognize three factors inherent to the academic setting which justify the apparently contradictory decisions. Because of the captive nature of the audience, the presence of …

Crime Control, Due Process, & Evidentiary Exclusion: When Exceptions Become The Rule, Elizabeth H. Kaylor

Proceedings of the New York State Communication Association

This paper uses the dichotomy between Herbert Packer’s (1968) two models of criminal justice advocacy – “crime control” and “due process” – as a rhetorical paradigm for understanding policy debate about the exclusion of relevant evidence at trial. Understanding the opposition between crime control and due process advocates as a rhetorical controversy, in which commonly-used ideographs camouflage dramatically different constructions of the concepts at stake, helps to illuminate the way each side mobilizes public support for their narrative of doing . While both the exclusionary rule (which prohibits the use of illegally-obtained evidence in criminal cases) and the “fruit of …

Interpreting, Stephanie Jo Kent

Doctoral Dissertations

What do community interpreting for the Deaf in western societies, conference interpreting for the European Parliament, and language brokering in international management have in common? Academic research and professional training have historically emphasized the linguistic and cognitive challenges of interpreting, neglecting or ignoring the social aspects that structure communication. All forms of interpreting are inherently social; they involve relationships among at least three people and two languages. The contexts explored here, American Sign Language/English interpreting and spoken language interpreting within the European Parliament, show that simultaneous interpreting involves attitudes, norms and values about intercultural communication that overemphasize information and discount …

Perfect Timing: The Rise Of Women’S Political Leadership During Cultural Shifts, Christie E. Pearce

Oglethorpe Journal of Undergraduate Research

America has fallen behind in women's leadership, especially in politics. In the approaching era, there will be more viable female political candidates than ever in the past, but will the public be prepared to elect a woman to high office? Studies suggest that mentalities toward female leadership have taken a shift in a positive direction. The idea of what an 'ideal' politician must offer is more feminine in the modern era than ever before. In the age of social media, female politicians have opportunities to reach more constituents through social media in a more effective way than has been offered …

The Development Of The Rapport Scales For Investigative Interviews And Interrogations, Misty Christina Duke

Open Access Theses & Dissertations

The purpose of this study was to develop the Rapport Scales for Investigative Interviews and Interrogations (RS3i), a measure of rapport for use in the context of investigative interviews and interrogations. Eighty "source" participants were interviewed by 80 "interview" participants. Each source rated the interview using the Prototype RS3i-Source Version. Observer participants each viewed and rated two interviews. Exploratory analyses were done on 374 observer ratings of 20 interviews to explore the factor structure of the items and develop the final scales. The final version of the RS3i contained 32 items comprising 8 rapport scales and one Commitment to Communication …

Cheap, Easy, Or Connected: The Conditions For Creating Group Coordination, Mathew D. Mccubbins, Daniel Rodriguez, Nicholas Weller

Faculty Scholarship

In both legal and political settings there has been a push toward adopting institutions that encourage consensus. The key feature of these institutions is that they bring interested parties together to communicate with each other. Existing research about the success or failure of particular institutions is ambiguous. Therefore, we turn our attention to understanding the general conditions when consensus is achievable, and we test experimentally three crucial factors that affect a group's ability to achieve consensus: (1) the difficulty of the problem, (2) the costs of communication, and (3) the structure of communication. Using multiple experimental approaches, we find that …

Citizens United, The Marketplace, And Influence, Corin Shanti La Pointe-Aitchison

USF Tampa Graduate Theses and Dissertations

This study analyzes the rationale used by the Supreme Court in the 2010 case, Citizens United v. Federal Election Commission. The majority opinion and dissent were dissected and scrutinized for any weaknesses. After careful review and comparison with First Amendment theories and scholarly articles, it was found that the majority opinion and final decision were poorly reasoned and created a dangerous political communication landscape and a weakened Marketplace of Ideas.

Best Practices For Effective Corporate Crisis Management: A Breakdown Of Crisis Stages Through The Utilization Of Case Studies, Katelyn Smith

Journalism

In the most recent decade, there has been a shortage of effectively managed corporate crises. This study is meant to discover the reasons behind the ineffective crisis management responses through the inspection of past corporate case studies in crisis management, as well as what can be done to help corporations use crisis management more effectively. The best practices in effective corporate crisis management in the three different stages of a crisis were attained through the utilization of case studies and expert opinions. The recommendations for practice include making pre-planning and evaluation regarded as more important in crisis management plans, choosing …

Statutory Meanings: Deriving Interpretive Principles From A Theory Of Communication And Lawmaking, Mathew D. Mccubbins, Daniel B. Rodriguez

Faculty Scholarship

No abstract provided.

Dissemination Of Communication And Information In Inland Fisheries, Ganesh Chandra

Ganesh Chandra

Flow of communication and information from the research station to the end user is sine qua non for the sustainable production as well as productivity enhancement in inland fisheries and the development of fishers as a whole. The resource poor who are often more in need than others of information on sustainable and low external input technologies is least likely to gain access to the information required. This has been seen particularly in the fisheries sector where the channels of information accessible to the resource poor delivered information on new practices and recommendations as well as the new culture technologies, …

Making Talk Cheap (And Problems Easy): How Legal And Political Institutions Can Facilitate Consensus, Cheryl Boudreau, Mathew D. Mccubbins, Daniel B. Rodriguez, Nicholas Weller

Faculty Scholarship

In many legal, political, and social settings, people must reach a consensus before particular outcomes can be achieved and failing to reach a consensus may be costly. In this article, we present a theory and conduct experiments that take into account the costs associated with communicating, as well as the difficulty of the decisions that groups make. We find that when there is even a small cost (relative to the potential benefit) associated with sending information to others and/or listening, groups are much less likely to reach a consensus, primarily because they are less willing to communicate with one another. …

The Social Costs Of Property Rights In Broadcast (And Cable) Signals, Shyamkrishna Balganesh

All Faculty Scholarship

No abstract provided.

What Statutes Mean: Interpretive Lessons From Positive Theories Of Communication And Legislation, Cheryl Boudreau, Arthur Lupia, Mathew D. Mccubbins, Daniel B. Rodriguez

Faculty Scholarship

No abstract provided.

The Blogosphere And The New Pamphleteers, Donald J. Kochan

Donald J. Kochan

The future of the free dissemination of information lies in the blog, some may say. The internet has entirely transformed how we receive and consume information. It’s the newest incarnation of information dissemination. From the insights of Alexis de Tocqueville, “Feelings and opinions are recruited, the heart is enlarged, and the human mind is developed only by the reciprocal influence of men upon one another.” Bloggers are a powerful force in the distribution of information and ideas and the creation of communities of conversation. Throughout history, the dissemination of information, news, opinions, and ideas has continuously transformed. In the 18th …

The Rose Garden Strategy Revisited: How Presidents Use Public Activities, Lori Cox Han

Political Science Faculty Books and Book Chapters

"The overall goal of this study was to determine how often, and in which formats, presidents choose to go public, and if differences exist in that pattern during their reelection efforts. This chapter also considers the major developments within the public presidency during the twentieth century, and how those developments contributed to the patterns in public activities that have emerged for Presidents Hoover through Clinton."

The Role Of Foreign Languages In Educating Lawyers For Transnational Challenges, Vivian Grosswald Curran

Articles

In a world in which every other country seems intent on teaching English to their youth, and in which the United States educational system does not place a high priority on teaching foreign languages, the American law student, dean and professor may doubt if foreign language knowledge is anything more than marginally helpful to law graduates. Similarly, educators at the primary school level may not be likely to assess foreign language education as warranting a greater allocation of scarce public resources.

The usefulness of foreign languages to the United States lawyer gradually has been gaining increased recognition in the profession, …