Law Commons^™

Oral Dissenting On The Supreme Court, Christopher W. Schmidt, Carolyn Shapiro

All Faculty Scholarship

In this Article we offer the first comprehensive evaluation of oral dissenting on the Supreme Court. We examine the practice in both historical and contemporary perspective, take stock of the emerging academic literature on the subject, and suggest a new framework for analysis of oral dissenting. Specifically, we put forth several claims. Contrary to the common assumption of scholarship and media coverage, oral dissents are nothing new. Oral dissenting has a long tradition, and its history provides valuable lessons for understanding the potential and limits of oral dissents today. Furthermore, not all oral dissents are alike. Dissenting Justices may have …

The Story Of Us: Resolving The Face-Off Between Autobiographical Speech And Information Privacy, Sonja R. West

Scholarly Works

Increasingly more “ordinary” Americans are choosing to share their life experiences with a public audience. In doing so, however, they are revealing more than their own personal stories, they are exposing private information about others as well. The face-off between autobiographical speech and information privacy is coming to a head, and our legal system is not prepared to handle it.

In a prior article, I established that autobiographical speech is a unique and important category of speech that is at risk of being undervalued under current law. This article builds on my earlier work by addressing the emerging conflict between …

Is Media Coverage Of Steroids On The Verge Of Striking Out Baseball Stars?, Nicholas L. Silvestri

Pell Scholars and Senior Theses

Over the last 150 years, baseball has been one of the most popular American sports. Ever since its inception in the 19th century, it has been known as our “Great American Past-Time”. As the sport of baseball has evolved and developed into the game it is today, there have been controversial scandals that have helped reshape our perceptions of baseball’s biggest stars.

Bush, Obama And Beyond: Observations On The Prospect For Fact Checking Executive Department Threat Claims Before The Use Of Force, Leslie Gielow Jacobs

McGeorge School of Law Scholarly Articles

This piece looks at the recurring problem of inflated threat claims offered by executive branch actors to persuade the Nation to consent to the use of force. It sets out the experience of the Bush Administration’s use of incorrect threat claims to persuade the country to consent to the use of force in Iraq as a backdrop to evaluating the President Obama’s use of threat claims to support the continuing use of force in Afghanistan. Although comparison of threat advocacy by the Bush and Obama administrations must be imperfect, it allows for some observations about the extent to which the …

University Of Michigan Law School Faculty, 2010-2011, University Of Michigan Law School

Miscellaneous Law School History & Publications

Biographies of the University of Michigan Law School faculty.

Will The Real Elena Kagan Please Stand Up? Conflicting Public Images In The Supreme Court Confirmation Process, Keith J. Bybee

Institute for the Study of the Judiciary, Politics, and the Media at Syracuse University

What images of judging did the Kagan confirmation process project?

My response to this question begins with a brief overview of existing public perceptions of the Supreme Court. I argue that a large portion of the public sees the justices as impartial arbiters who can be trusted to rule fairly. At the same time, a large portion of the public also sees the justices as political actors who are wrapped up in partisan disputes. Given these prevailing public views, we should expect the Kagan confirmation process to transmit contradictory images of judicial decisionmaking, with a portrait of judging as a …

Jihad Sheilas Or Media Martyrs: Muslim Women And The Media, Julie N. Posetti

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

Muslim women are both highly visible members of one of the most marginalised groups in Western society and the most vulnerable to vilification and media stereotyping, suffering the 'triple-whammy' effect of sexism, racism and religious bigotry. Ubiquitously portrayed as veiled, they are concurrently represented as oppressed and radical non-conformists, as threatened and threatening, as passive sexslaves and exotic, erotic beings. Symbolised generically by the distinctive religious clothing some choose to wear, Muslim women of all cultures have become the most recognisable, visible targets of racism on the streets, yet at the same time they are almost invisible and voiceless in …

Journalism Eduction 2.0: Training In An Age Of Radical Change In Mediashift - Your Guide To The Digital Media Revolution, Julie Posetti

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

Education content on MediaShift is sponsored by Carnegie-Knight News21, an alliance of 12 journalism schools in which top students tell complex stories in inventive ways. See tips for spurring innovation and digital learning at Learn.News21.com. “We are not going to make it with uninspired and uninspiring teachers!” Archbishop Desmond Tutu challenged delegates in his closing address to the second World Journalism Education Congress (WJEC2) in South Africa last month. The anti-Apartheid warrior and Nobel Laureate described journalism as a “noble calling” and recounted his country’s hard-fought struggle for media freedom. During the event he also signed the Table Mountain Declaration, …

Alice Through The Wormhole: Reconciling Spatial And Temporal Disjunctions In The Creation Of Content In Australian Media Law, Marett Leiboff

Faculty of Law - Papers (Archive)

Copy of powerpoint presentation to the conference.

Internet Governance And Democratic Legitimacy, Olivier Sylvain

Faculty Scholarship

Even as the Internet goes pop, federal policymakers continue to surrender their statutory obligation to regulate communications in the first instance to extralegal nongovernmental organizations comprised of technical experts. The Federal Communications Commission’s conclusion that a major broadband service provider's network management practices were unreasonable is a case in point. There, in the absence of any decisive legislative or even regulatory guidance, the FCC turned principally to the engineering principles on which the Internet Engineering Task Force bases transmission standards: to wit, (1) decentralization, (2) interoperability, and (3) user empowerment. This impulse to defer as a matter of course to …

Illustrating Illegitimate Lawfare, Michael A. Newton

Vanderbilt Law School Faculty Publications

Lawfare that erodes the good faith application of the laws and customs of warfare is illegitimate and untenable. This essay outlines the contours of such illegitimate lawfare and provides current examples to guide practitioners. Clearly addressing the terminological imprecision in current understandings of lawfare, this essay is intended to help prevent further erosion of the corpus of jus in bello. Words matter, particularly when they are charged with legal significance and purport to convey legal rights and obligations. When purported legal “developments” actually undermine respect for the application and enforcement of humanitarian law, they are illegitimate. Although the laws and …