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Articles 1 - 24 of 24
Full-Text Articles in Law
Undermining Parental Authority, Unethical Advertising And The Accountability Of Self-Regulation: Thomascook.Ca As A Fable, Nachshon Goltz, Peter Neufeld
Undermining Parental Authority, Unethical Advertising And The Accountability Of Self-Regulation: Thomascook.Ca As A Fable, Nachshon Goltz, Peter Neufeld
Nachshon Goltz
This paper demonstrates the shortcomings of Advertising Standards Canada, the Canadian self-regulatory body overseeing advertising to children. It uses a case study initiated by a complaint regarding a parental undermining advertisement. Advertising Standards Canada failure to address this complaint illustrate the greater need for Canada to move away from self-regulation in children advertising to a less de-centralized regulatory regime. This move is increasingly important due to the unprecedented rise in electronic marketing and its ability to use stealth advertising and collect information from its child consumers.
A Comment On "No Comment": The Sub Judice Rule And The Accountability Of Public Officials Inthe 21st Century, Lorne Sossin, Valerie Crystal
A Comment On "No Comment": The Sub Judice Rule And The Accountability Of Public Officials Inthe 21st Century, Lorne Sossin, Valerie Crystal
Dalhousie Law Journal
The sub judice rule is a rule of court, a statutory rule, a Parliamentary convention and a practice that has developed in the interaction between media and public officials. At its most basic, the sub judice rule prohibits the publication of statements which may prejudice court proceedings. This study examines the nature, rationale and scope ofthe sub judice rule. The authors provide an account of the current state of the rule, and highlight areas where more clarity would be desirable. The authors propose a more coherent approach to the sub jud ice rule, more clearly rooted in the concern over …
Should The Internet Exempt The Media Sector From The Antitrust Laws?, Thomas J. Horton, Robert H. Lande
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 …
The False Narrative, Edward Earl Bell
The False Narrative, Edward Earl Bell
Dr. Edward E. Bell
The notion of black-on-black crime is widespread. We tend to think that black-on-black crime is reality—not realizing that “86% of whites perpetrate crimes against other whites and 94% of blacks against blacks.” Williams stated, in the April 10, 2012 edition of the Root, the following: “The truth?
Guest View: In Defense Of Student Privacy, Richard J. Peltz-Steele
Guest View: In Defense Of Student Privacy, Richard J. Peltz-Steele
Richard J. Peltz-Steele
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.
Fifteen Minutes Of Infamy: Privileged Reporting And The Problem Of Perpetual Reputational Harm, Richard J. Peltz-Steele
Fifteen Minutes Of Infamy: Privileged Reporting And The Problem Of Perpetual Reputational Harm, Richard J. Peltz-Steele
Richard J. Peltz-Steele
This Article provides an overview of the labyrinth of media tort defenses, specifically the four privileges – fair comment, fair report, neutral reportage, and wire service – that come into play when the media republish defamatory content about criminal suspects and defendants without specific intent to injure. The Article then discusses these privileges in light of a hypothetical case involving a highly publicized crime and an indicted suspect, against whom charges are later dropped, but who suffers perpetual reputational harm from the out-of-context republication online of news related to his indictment. The Article demonstrates how the four privileges would operate …
Shutting Down The Turbine: How The News Industry And News Aggregators Can Coexist In A Post-Barclays V. Theflyonthewall.Com World, Nicole Marimon
Shutting Down The Turbine: How The News Industry And News Aggregators Can Coexist In A Post-Barclays V. Theflyonthewall.Com World, Nicole Marimon
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
“Ahead Of The Lawmen”: Law And Morality In Disney Animated Films 1960–1998, Nehal A. Patel
“Ahead Of The Lawmen”: Law And Morality In Disney Animated Films 1960–1998, Nehal A. Patel
Nehal A. Patel
This article examines the relationship between law and morality in a selection of animated Disney movies released between 1960 and 1998. The authors analyze all of the fully-animated, G-rated movies that grossed $100 million or more (adjusted for inflation) which shaped the childhood of lawyers practicing today. We find that the predominant representation of the relationship between law and morality is that they are at odds. Law most often is portrayed as having no relationship to morality or, even worse, as an obstacle to justice. These findings have implications for theories of law and morality, justice, and ethics. These findings …
Balancing Regulation And Rights In Venezuela’S Media War, Molly Carney
Balancing Regulation And Rights In Venezuela’S Media War, Molly Carney
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Chandler V. Florida: Cameras, Courts, And The Constitution, Allen F. Camp
Chandler V. Florida: Cameras, Courts, And The Constitution, Allen F. Camp
Pepperdine Law Review
The rising importance of television journalism in the 1960's has resulted in the Supreme Court deciding whether a criminal defendant's due process rights are violated by camera coverage of the courtroom proceeding. The decision of Chandler v. Florida clearly provides the answer; for unless a defendant proves prejudice with specificity, the Constitution does not ban televised criminal trials. The author examines the issues with a revealing historical perspective. He then traces the Court's factual and legal analysis and concludes that the decision will serve to offer the states guidance in deciding whether to implement a program allowing television coverage of …
Legislative Response To Zurcher V. Stanford Daily, J. Kirk Boyd
Legislative Response To Zurcher V. Stanford Daily, J. Kirk Boyd
Pepperdine Law Review
The author explores and surveys the legislative response to Zurcher v. Stanford Daily. While it is recognized that the debate and controversy is far from over, the resulting legislation, including the Privacy Protection Act of 1980, is viewed as being a significant contribution to the area of fourth amendment law. The author analyzes the applicable legislation in detail.
Negligent Infliction Of Emotional Distress: New Tort Problem For The Mass Media, Robert E. Drechsel
Negligent Infliction Of Emotional Distress: New Tort Problem For The Mass Media, Robert E. Drechsel
Pepperdine Law Review
Negligent infliction of emotional distress is becoming an increasingly popular cause of action to be utilized against media defendants. This article begins by tracing the development of the tort and explaining its central elements through cases involving mass media defendants. It studies the relationship between negligent infliction and the torts of libel, invasion of privacy, and intentional infliction of emotional distress. After considering the appropriate balance between expression and emotional tranquility, it is concluded that negligent infliction actions present an ominous threat to the free flow of expression. Sound policy considerations, flowing in part from the first amendment, dictate that …
Dun & Bradstreet, Inc. V. Greenmoss Builders, Inc.: Does The Actual Malice Standard Of Gertz V. Robert Welch, Inc. Apply To Speech On Matters Of Purely Private Concern?, Jeff Boykin
Pepperdine Law Review
No abstract provided.
Juror Journalism: Are Profit Motives Replacing Civic Duty?, Brent K. Ashby
Juror Journalism: Are Profit Motives Replacing Civic Duty?, Brent K. Ashby
Pepperdine Law Review
No abstract provided.
Hustler Magazine, Inc. V. Falwell: Laugh Or Cry, Public Figures Must Learn To Live With Satirical Criticism , James R. Laguzza
Hustler Magazine, Inc. V. Falwell: Laugh Or Cry, Public Figures Must Learn To Live With Satirical Criticism , James R. Laguzza
Pepperdine Law Review
No abstract provided.
Guest View: In Defense Of Student Privacy, Richard J. Peltz-Steele
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.
Beyond Seduction: Lessons Learned About Rape, Politics, And Power From Dominique Strauss-Kahn And Moshe Katsav, Hannah Brenner
Beyond Seduction: Lessons Learned About Rape, Politics, And Power From Dominique Strauss-Kahn And Moshe Katsav, Hannah Brenner
Michigan Journal of Gender & Law
n the last decade, two influential international political figures, Dominique Strauss-Kahn, former head of the International Monetary Fund, and Moshe Katsav, former President of Israel, were accused of engaging in extreme and ongoing patterns of sexual violence. The collection of formal charges against the two men included rape, forcible indecent assault, sexual harassment, and obstruction of justice. The respective narratives surrounding the allegations against Katsav and Strauss-Kahn have their own individual characteristics, and each of the cases unfolded in diverging ways. Yet, the actions of these two men taken together, and the corresponding response of the legal systems in France, …
Dodgy Science Or Global Necessity? Local Media Reporting Of Marine Parks, Michelle Voyer, Tanja Dreher, William Gladstone, Heather Goodall
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 …
Legal Avenues For Ending Impunity For The Death Of Journalists In Conflict Zones: Current And Proposed International Agreements, Kayt H. Davies, Emily Crawford
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 …
The ‘New Frontier’: Emergent Indigenous Identities And Social Media, Bronwyn Carlson
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
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
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
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.
Snopa And The Ppa_ Do You Know What It Means For You, Angela Goodrum
Snopa And The Ppa_ Do You Know What It Means For You, Angela Goodrum
Angela Goodrum
No abstract provided.