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Full-Text Articles in Law
When Teachers Go Viral: Balancing Institutional Efficacy Against The First Amendment Rights Of Public Educators In The Age Of Facebook, Watt Lesley Black Jr.
When Teachers Go Viral: Balancing Institutional Efficacy Against The First Amendment Rights Of Public Educators In The Age Of Facebook, Watt Lesley Black Jr.
Missouri Law Review
How can public school administrators reach legally and ethically defensible decisions in cases as widely divergent as Keith Allison and Karen Fitzgibbons? How can they protect the efficacy of their school systems while still respecting the First Amendment rights of their employees? When can they take adverse employment action against educators on the basis of speech that is posted online, and under what circumstances is that speech protected? Does the Connick public concern requirement effectively remove all constitutional protection from public educators who are active on social media, irrespective of whether their speech is disruptive? This Article addresses these questions …
Internet Giants As Quasi-Governmental Actors And The Limits Of Contractual Consent, Nancy S. Kim, D. A. Telman
Internet Giants As Quasi-Governmental Actors And The Limits Of Contractual Consent, Nancy S. Kim, D. A. Telman
Missouri Law Review
Although the government’s data-mining program relied heavily on information and technology that the government received from private companies, relatively little of the public outrage generated by Edward Snowden’s revelations was directed at those private companies. We argue that the mystique of the Internet giants and the myth of contractual consent combine to mute criticisms that otherwise might be directed at the real data-mining masterminds. As a result, consumers are deemed to have consented to the use of their private information in ways that they would not agree to had they known the purposes to which their information would be put …
Setting The Docket: News Media Coverage Of Our Courts – Past, Present And An Uncertain Future, Gene Policinski
Setting The Docket: News Media Coverage Of Our Courts – Past, Present And An Uncertain Future, Gene Policinski
Missouri Law Review
News reporting on the business of the courts and judiciary has a long history – and an uncertain future. Reporting on the courts has changed with the times, technology and tastes of the American press and of the public – the latter being the ultimate target of reports on the functions and the institution of our judicial system. News coverage of judicial proceedings at all levels, nationwide, may well have peaked – in quantity, quality and reach – in the early 1990s, when a declining economy kicked off dramatic cutbacks in newspaper news staffing, reductions later amplified by the drop …
Defending The Guilty: Lawyer Ethics In The Movies, J. Thomas Sullivan
Defending The Guilty: Lawyer Ethics In The Movies, J. Thomas Sullivan
Missouri Law Review
For many, Attorney Atticus Finch’s (Gregory Peck) representation of an innocent African-American accused of rape by a Southern white woman in Depression-era Alabama by the town’s most imposing citizen, in To Kill a Mockingbird, represents the consummate portrayal of the lawyer’s discharge of his ethical duty to his client. Tom Robinson (Brock Peters) is falsely accused of rape by Mayella Violet Ewell (Collin Wilcox), the daughter of a lower-class, white bigot, Bob Ewell (James Anderson), who caught her at tempting to physically seduce Robinson, an African-American. The Ewells, clearly influenced by the father’s racial hatred, address Mayella’s unacceptable sexual appetite …
From Keyboard To Schoolhouse: Student Speech In An Age Of Pervasive Technology, Erin M. Leach
From Keyboard To Schoolhouse: Student Speech In An Age Of Pervasive Technology, Erin M. Leach
Missouri Law Review
To most Americans, the First Amendment's Free Speech Clause is among the most sacred provisions of the Constitution. At first reading, it seems a broad guarantee of the right of citizens to speak their mind without limitation. But the jurisprudence on the clause shows that the law governing free speech is far from uncomplicated. The analysis is made more complex in the context of student speech due to a different set of standards governing the rights of students while they are under the care of their schools. S.J.W ex rel. Wilson v. Lee's Summit R-7 School District, a recent Eighth …
Law Deans In Jail , Morgan Cloud, George Shepherd
Law Deans In Jail , Morgan Cloud, George Shepherd
Missouri Law Review
A most unlikely collection of suspects – law schools, their deans, U.S. News & World Report and its employees – may have committed felonies by publishing false information as part of U.S. News’ ranking of law schools. The possible federal felonies include mail and wire fraud, conspiracy, racketeering, and making false statements. Employees of law schools and U.S. News who committed these crimes can be punished as individuals, and under federal law the schools and U.S. News would likely be criminally liable for their agents’ crimes. Some law schools and their deans submitted false information about the schools’ expenditures and …
Cyberbullying From Psychological And Legal Perspectives, Philip C. Rodkin, Karla Fischer
Cyberbullying From Psychological And Legal Perspectives, Philip C. Rodkin, Karla Fischer
Missouri Law Review
In this Article, we begin Part II by a brief exploration of the history of bullying in social science research. Part III is a description of the ways that social scientists have attempted to define bullying, and by extension, cyberbullying. We pay particular attention to understanding the roles that the intentionality of the bully, the repetition of the problematic behavior, and the power asymmetry of the bully-victim dyad play in distinguishing bullying from other negative behavior. In Part IV, we track the relationship between bullies and their social worlds, noting that some bullies are marginalized within a broader peer culture …
Symposium: Cyberbullying: Emerging Realities And Legal Challenges: Foreword , Christina E. Wells
Symposium: Cyberbullying: Emerging Realities And Legal Challenges: Foreword , Christina E. Wells
Missouri Law Review
Bullying and its effects concern many of us in the United States. As many as thirty percent of students in grades five through ten have experienced at least one bullying incident in a given year.] Studies further show that up to thirty-five percent of students have been the victims of cyberbullying - i.e., the use of online mediums to bully others. Most observers agree that this number is likely to rise. Such bullying physically and psychologically affects students. It can disrupt their education and cause depression, anxiety, self-harm, suicidal thoughts, and suicide attempts. After several highly publicized suicides, there appears …
Cyberbullying Victimization: Associations With Other Victimization Forms And Psychological Distress, Melissa K. Holt, Dorothy L. Espelage
Cyberbullying Victimization: Associations With Other Victimization Forms And Psychological Distress, Melissa K. Holt, Dorothy L. Espelage
Missouri Law Review
Cyberbullying has gained increasing attention over the past decade, in part driven by significant media coverage on this topic.' While media attention has increased, prevalence rates derived from national and local surveys indicate that cyberbullying is a less common experience among youth than traditional bullying. Nonetheless, a significant number of youth experience both cyberbullying and its deleterious effects, and additional research is needed to guide nascent prevention and intervention efforts. In particular, existing research does not clarify the extent to which cyberbullying overlaps with traditional bullying or other forms of victimization that children might encounter in their schools, homes, and …
Regulating Student Cyberspeech, Barry P. Mcdonald
Regulating Student Cyberspeech, Barry P. Mcdonald
Missouri Law Review
Part I of this Article will provide the First Amendment background for thinking about these disputes. It will explain how the Court has interpreted that amendment to provide primary and secondary students in American public schools with free speech rights, albeit not as broad as they enjoy in their capacities as ordinary citizens of our country. It has given public school administrators special power to regulate student speech as necessary to achieve the task the people have assigned them - the effective education of their children. When cyberbullying occurs then, as it often does, completely or partially off of school …
Mediator As Cook: Mediation Metaphors At The Movies, The, Jennifer L. Schulz
Mediator As Cook: Mediation Metaphors At The Movies, The, Jennifer L. Schulz
Journal of Dispute Resolution
In this article I will explore the vitality of the metaphor of the mediator as cook by tracing it through other food and conflict resolution related films. In so doing, I hope to achieve two things: first, to continue to insist that non-adversarial processes like mediation be included in the study of Law & Film, and second, to show that the metaphor suggested for mediators based on one film, resonates in other films and suggests new insights about mediator style and practice. Through a Law & Film analysis of two films, Soul Food and Mostly Martha, I will argue that …
Beyond The Assumptions: News Reporting And Its Impact On Conflict, Richard C. Reuben
Beyond The Assumptions: News Reporting And Its Impact On Conflict, Richard C. Reuben
Journal of Dispute Resolution
This symposium seeks to bridge this important gap in our social understanding of conflict by stimulating a sustained discussion among scholars about its contours. The task is important and timely, worthy of effort on both the media and the conflict sides of the equation.
News Coverage And Social Protest: How The Media's Protect Paradigm Exacerbates Social Conflict, Douglas M. Mcleod
News Coverage And Social Protest: How The Media's Protect Paradigm Exacerbates Social Conflict, Douglas M. Mcleod
Journal of Dispute Resolution
Past research on media coverage of social protests has yielded evidence of a protest paradigm: a set of news coverage patterns that typifies mainstream media coverage. This coverage generally disparages protesters and hinders their role as vital actors on the political stage. The lack of respect for the value of social protest inherent in such coverage has created frustration among the protesters, which has in turn contributed to dysfunctional confrontations. However, under certain conditions, journalists will deviate from the protest paradigm. Such aberrations were found in the Los Angeles Times' coverage of the May 1, 2006, "Day without Immigrants" demonstrations. …
Media, Memory, And Forgiveness: Case Studies In South Africa And Argentina's Conflict Resolution Processes, Byron T. Scott, Caroline Escudero, Anya Litvak
Media, Memory, And Forgiveness: Case Studies In South Africa And Argentina's Conflict Resolution Processes, Byron T. Scott, Caroline Escudero, Anya Litvak
Journal of Dispute Resolution
Studies of conflict frames' customarily include neither mid- to long-term resolution nor the role of the media in that healing process. In theory, the formal reconciliation processes that have followed internal conflicts in many nations provide resolution and a pathway to long-term healing. But do they? As the chief cultural guardians of national memories, what is the role of the media? Between the spikes of crisis reporting, are there persistent frames of journalistic messages that affect how ever-receding events are viewed by new generations? This paper looks at media behavior in two contrasting nations, Argentina and South Africa, while arguing …
Media And International Conflict: A Multidisciplinary Approach, Eytan Gilboa
Media And International Conflict: A Multidisciplinary Approach, Eytan Gilboa
Journal of Dispute Resolution
This study suggests a new framework for analysis of media coverage and its role in international conflict. The framework is based on integration of theories and models from both international studies and communication. The work begins with a brief analysis of major changes that have occurred in last two decades in the nature and evolution of international conflicts. The analysis offers significant distinctions among types, levels, and phases of conflict. Next, the study presents major changes that have occurred in the media and offers significant distinctions among levels, types, and functions of media. Based on all these concepts and ideas, …
Press Coverage Of Interethnic Conflict: Examples From The Los Angeles Riots Of 1992, Shah Shah
Press Coverage Of Interethnic Conflict: Examples From The Los Angeles Riots Of 1992, Shah Shah
Journal of Dispute Resolution
News media are an important source of cultural production and information. Their representation of the social world provides explanations, descriptions, and frames for understanding how and why the world works as it does. In media studies, "frames" refer to the perspectives on, or interpretation of, current events provided by news coverage. Frames are complex and overlapping, existing in a single news article or within an entire body of news coverage. Multiple and opposing frames may exist simultaneously. Frames are built up from the choices reporters make in terms of language use, source selection, and story organization. In their coverage of …
Fear And Risk In Times Of Crisis: The Media's Challenge, Richard C. Reuben
Fear And Risk In Times Of Crisis: The Media's Challenge, Richard C. Reuben
Missouri Law Review
With five to ten minutes to comment at the very end of an intellectually exhilarating two-day symposium, I am quite frankly tempted to say "You know, they've all got a point," and leave it at that. But this has been an important discussion, and in this comment I'd like to at least try to make a small contribution to it.
Not-So-Candid Camera, Please: Law Enforcement Officers Violate The Fourth Amendment When The Media Tags Along , Lynn S. Brackman
Not-So-Candid Camera, Please: Law Enforcement Officers Violate The Fourth Amendment When The Media Tags Along , Lynn S. Brackman
Missouri Law Review
The proliferation of television shows such as "Cops" evidences how common it has become for members of the media to accompany law enforcement officers while they perform their daily duties. This recent proliferation has sparked questions as to when the media's involvement in law enforcement impinges on an individual's constitutional rights. The federal courts of appeals have disagreed over whether the Fourth Amendment is violated when the media tags along with law enforcement officers executing a warrant in a private home. In Wilson v. Layne and Hanlon v. Berger, the United States Supreme Court settled the debate over this issue …
Rise Of Duty And The Fall Of In Loco Parentis And Other Protective Tort Doctrines In Higher Education Law, The, Peter F. Lake
Rise Of Duty And The Fall Of In Loco Parentis And Other Protective Tort Doctrines In Higher Education Law, The, Peter F. Lake
Missouri Law Review
The story of twentieth century higher education student safety law' is the gradual application of typical rules of civil liability to institutions of higher education and the decline of insulating doctrines, such as in loco parentis,2 which traditionally protected institutions of higher learning from scrutiny in the legal system. A series of recent events have brought public (and legal) attention to questions about the legal rules governing university responsibility for student injuries.3 In recent times, courts have reversed a long-standing tradition of protecting universities from civil liability for physical injury to students arising
Missouri's Law On Admissibility Of Other Crimes Evidence: Increasing Inclusivity, Justin M. Dean
Missouri's Law On Admissibility Of Other Crimes Evidence: Increasing Inclusivity, Justin M. Dean
Missouri Law Review
Evidence of other crimes, or uncharged misconduct evidence as it is commonly called, has been important in many criminal trials, including such well-publicized trials as that of O.J. Simpson for murder and those of William Kennedy Smith and Mike Tyson for rape.2 Furthermore, this type of evidence is important because studies have shown that admission of uncharged misconduct evidence greatly increases the likelihood that a jury will find the defendant guilty.3 State v. Skillicorn4 presents a look at the current state of the law concerning admission of other crimes evidence in Missouri. The case illustrates the difficulty in applying current …
Promises Of Confidentiality: Do Reporters Really Have To Keep Their Word, Harold B. Oakley
Promises Of Confidentiality: Do Reporters Really Have To Keep Their Word, Harold B. Oakley
Missouri Law Review
In an industry in which information is the ultimate commodity, a new dilemma that confronts the media world is whether the First Amendment protects news gatherers from sources who try to enforce promises of confidentiality. The debate raised in Cohen v. Cowles Media Co. pits the First Amendment freedoms of the press and speech against concepts of contracts and torts that are deeply rooted in our legal heritage. At least two reasons make promises of confidentiality important to the newsgathering profession. First, breaking a promise of confidentiality that has induced a source to provide information is dishonorable. Second, sources may …
Pre-Trial Publicity, Michael L. Boicourt
Pre-Trial Publicity, Michael L. Boicourt
Missouri Law Review
One of the most controversial problems in the criminal law field during the 1960's has centered around the apparent contradiction between detailed reporting of events about which there is pending criminal litigation and the sixth amendment right of the criminally accused to a public trial "by an impartial jury." The impartiality of our criminal process is one of the most highly regarded of American legal traditions. The difficulty in maintaining this tradition, in a society permeated with every form of mass information media, of catering to a curious public is one of the vital issues of our time. This comment …