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Full-Text Articles in Law

Should The Internet Exempt The Media Sector From The Antitrust Laws?, Thomas J. Horton, Robert H. Lande Sep 2013

Should The Internet Exempt The Media Sector From The Antitrust Laws?, Thomas J. Horton, Robert H. Lande

All Faculty Scholarship

This article examines whether the "old media" and the "new media", including the Internet, should be considered to be within the same relevant market for antitrust purposes. To do this the article first demonstrates that proper antitrust consideration of the role of non-price competition necessitates that “news” and “journalism” be analyzed in two distinct ways. First, every part of the operations of a newspaper (or other type of media source), including its investigative reporting and local coverage, should be assessed separately. We present empirical evidence collected for this study which demonstrates that the old media continues to win the vast …


Guest View: In Defense Of Student Privacy, Richard J. Peltz-Steele Jan 2013

Guest View: In Defense Of Student Privacy, Richard J. Peltz-Steele

Faculty Publications

Privacy is another American value we rush to sacrifice on the altar of accountability. In Ohio, reporters swarm the yards of liberated kidnapping victims. And in Massachusetts, news trucks besiege the campus at UMass Dartmouth, where I work, and where marathon bombing suspect Dzhokhar Tsarnaev was a student. Media want to know everything about Tsarnaev and his college friends. The university, bound by federal privacy law, has refused access to student academic and financial aid records.


Dodgy Science Or Global Necessity? Local Media Reporting Of Marine Parks, Michelle Voyer, Tanja Dreher, William Gladstone, Heather Goodall Jan 2013

Dodgy Science Or Global Necessity? Local Media Reporting Of Marine Parks, Michelle Voyer, Tanja Dreher, William Gladstone, Heather Goodall

Faculty of Law, Humanities and the Arts - Papers (Archive)

The digital age and globalization has brought international issues to our doorstep and placed the local in the context of the global. News media have played a crucial role in allowing recognition and exploration of the global origins and outcomes of many environmental crises such as climate change, deforestation, threatened species management and biodiversity loss (Cottle, 2011c). The modern environmental movement has responded to the global scale of these crises with campaigns for global solutions. Many of these campaigns rely heavily on coordinated, collective action across a multitude of jurisdictions around the world, with the success of global campaigns dependent …


The ‘New Frontier’: Emergent Indigenous Identities And Social Media, Bronwyn Carlson Jan 2013

The ‘New Frontier’: Emergent Indigenous Identities And Social Media, Bronwyn Carlson

Faculty of Law, Humanities and the Arts - Papers (Archive)

The rapid rise in the use of social media as a means of cultural and social interaction among Aboriginal people and groups is an intriguing development. It is a phenomenon that has not yet gained traction in academia, although interest is gaining momentum as it becomes apparent that the use of social media is becoming an everyday, typical activity. In one episode of Living Black (an Australian television show featuring stories of interest to Indigenous people) entitled ‘‘Cyber Wars’’ (April 19th, 2010), several Aboriginal people commented on their Facebook use. Allan Clarke, one of the Aboriginal Facebook users featured, stated …


Pre-Socratic Media Theory, Brogan S. Bunt Jan 2013

Pre-Socratic Media Theory, Brogan S. Bunt

Faculty of Law, Humanities and the Arts - Papers (Archive)

Drawing inspiration from Siegfried Zielinski’s ground-breaking study of media archaeology, Deep Time of the Media, this paper explores the potential for pre-Socratic philosophy to provide a model for alternative conceptions of mediation within contemporary media art. It argues that pre-Socratic philosophy develops notions of mediation that extend beyond the contemporary focus on technical media. In their exploration of fundamental dynamic principles within nature and in their sensitivity to the uncertain relation between truth, appearance and finite human understanding, they suggest diverse conceptions of mediation that have continuing critical and creative relevance.


Erewhon: Media, Ecology, And Utopia In The Antipodes, Susan (Su) Ballard Jan 2013

Erewhon: Media, Ecology, And Utopia In The Antipodes, Susan (Su) Ballard

Faculty of Law, Humanities and the Arts - Papers (Archive)

On June 22, 2005, an essay by the Association of Freed Time was published in Artforum International. With little contextual information, "El Diaro del Fin del Mundo: A Journey That Wasn't" described environmental damage to the Antarctic ice shelf and the subsequent mutations that were occurring within the Antarctic ecosystem. One of these mutants was rumored to be a solitary albino penguin, living on an uncharted island near Marguerite Bay. The Artforum article tells of French artist Pierre Huyghe's journey with ten others to find the island and its mysterious inhabitant. The article forms the first part of an event …


Costings Row Torpedoes The Media, Marcus O'Donnell Jan 2013

Costings Row Torpedoes The Media, Marcus O'Donnell

Faculty of Law, Humanities and the Arts - Papers (Archive)

The ABC’s economics correspondent Stephen Long has delivered a scathing assessment of the Coalition’s costings statement this morning but just as significantly he also delivered a harsh judgment on his own colleagues. He pointed to perhaps the most egregious error in the media’s reporting of election 2013.


Legal Avenues For Ending Impunity For The Death Of Journalists In Conflict Zones: Current And Proposed International Agreements, Kayt H. Davies, Emily Crawford Jan 2013

Legal Avenues For Ending Impunity For The Death Of Journalists In Conflict Zones: Current And Proposed International Agreements, Kayt H. Davies, Emily Crawford

Research outputs 2013

Every bullet that kills a journalist in a warzone adds passion and urgency to calls for “something” to be done to better protect frontline media workers. International humanitarian law (the body of law that includes the Geneva Conventions) offers some avenues for legal redress, but problems with compliance and policing have contributed to a sense of impunity among perpetrators of these crimes. Consequently, calls for additional laws have reemerged. This article analyzes the current legal protections, examines a proposed new international convention, and discusses obstacles to ending impunity. It also analyzes whether a new convention would be a useful addition …