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2016

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Full-Text Articles in Law

Rwu First Amendment Blog: David Logan's Blog: When Facts And News Diverge 12-2-2016, David A. Logan Dec 2016

Rwu First Amendment Blog: David Logan's Blog: When Facts And News Diverge 12-2-2016, David A. Logan

Law School Blogs

No abstract provided.


Am I A “Licensed Liar”?: An Exploration Into The Ethic Of Honesty In Lawyering . . . And A Reply Of “No!” To The Stranger In The La Fiesta Lounge, Josiah M. Daniel Iii Dec 2016

Am I A “Licensed Liar”?: An Exploration Into The Ethic Of Honesty In Lawyering . . . And A Reply Of “No!” To The Stranger In The La Fiesta Lounge, Josiah M. Daniel Iii

St. Mary's Journal on Legal Malpractice & Ethics

After hearing for the first time the lawyer-disparaging phrase, “licensed liar,” the author investigated its significance. This article presents the question of those two words’ meaning and explains how the author reached the conclusion that, as applied to attorneys, the phrase is an unmerited epithet. The phrase is known and utilized in nonlegal texts in fields such as fiction, poetry, literary criticism, and journalism, but the two words are absent from legal texts. The author’s discovery of the phrase in various criticisms of lawyers in other publications illuminates and confirms that the phrase constitutes the pejorative allegation that an attorney …


Negative Portrayal Of Vaccines By Commercial Websites: Tortious Misrepresentation, Donald C. Arthur Nov 2016

Negative Portrayal Of Vaccines By Commercial Websites: Tortious Misrepresentation, Donald C. Arthur

University of Massachusetts Law Review

Commercial website publishers use false and misleading information to create distrust of vaccines by claiming vaccines are ineffective and contain contaminants that cause autism and other disorders. The misinformation has resulted in decreased childhood vaccination rates and imperiled the public by allowing resurgence of vaccine-preventable illnesses. This Article argues that tort liability attaches to publishers of commercial websites for foreseeable harm that results when websites dissuade parents from vaccinating their children in favor of purchasing alternative products offered for sale on the websites.


Democracy, Education, And Free Speech: The Importance Of #Feesmustfall For Transnational Activism, Lindsey Peterson Ph.D, Kentse Radebe, Somya Mohanty Ph.D Nov 2016

Democracy, Education, And Free Speech: The Importance Of #Feesmustfall For Transnational Activism, Lindsey Peterson Ph.D, Kentse Radebe, Somya Mohanty Ph.D

Societies Without Borders

South African students across numerous university campuses joined together in the second half of 2015 to protest the rising cost of higher education. In addition to on-campus protesting, activists utilized Twitter to mobilize and communicate with each other, and, as the protests drew national attention, the hashtag #FeesMustFall began trending on Twitter. Then, what began as a localized movement against tuition increases became a global issue when a court interdict was granted by a South African court against the use of the #FeesMustFall hashtag. This paper traces that global spread of the #FeesMustFall hashtag on Twitter as a response to …


Surviving The Storm 2016: Employee Benefit Compliance & Employment Law Update, George Thompson, Brooks R. Magratten, Mark A. Pogue, Kelli Viera, Cecily Banks, Roger Williams University School Of Law Sep 2016

Surviving The Storm 2016: Employee Benefit Compliance & Employment Law Update, George Thompson, Brooks R. Magratten, Mark A. Pogue, Kelli Viera, Cecily Banks, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Newsroom: Veteran Projo Columnist To Join Rwu 9/12/2016, Roger Williams University School Of Law Sep 2016

Newsroom: Veteran Projo Columnist To Join Rwu 9/12/2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


References To Television Programming In Judicial Opinions And Lawyers’ Advocacy, Douglas E. Abrams Jul 2016

References To Television Programming In Judicial Opinions And Lawyers’ Advocacy, Douglas E. Abrams

Faculty Publications

"Think of the poor judge who is reading ... hundreds and hundreds of these briefs," says Chief Justice John G. Roberts, Jr. "Liven their life up just a little bit. . . with something interesting." Lawyers can "liven up" their briefs with references to television shows generally known to Americans who have grown up watching the small screen. After discussing television's pervasive effect on American culture since the early 1950s, this Article surveys the array of television references that appear in federal and state judicial opinions. In cases with no claims or defenses concerning the television industry, judges often help …


Walid & Rahima, Walid, Rahima, Tsos Jul 2016

Walid & Rahima, Walid, Rahima, Tsos

TSOS Interview Gallery

Walid worked as a police officer inBaghlan County,Afghanistan, where hedid many operations with NATO and US forces. Walid was responsible for recordingoperations and distributing copies to the media. Being part of the operations was dangerous, and Walid lost many of his friendsto the Taliban.Theyevenskinned afriend for cooperating with the government. The violenceled him to say, “The terrorists have no religion.” The Taliban began entering homes and killing government officials,and paid assassinations happened in public. Walidknew he was in danger.After losing a dear friend, Walid knew then that he had lost all he was willing to lose.He fled to Pakistan where …


“Going Viral” By Stealing Content: Can The Law Cure The Problem Of Viral Content Farming?, Sara Gates May 2016

“Going Viral” By Stealing Content: Can The Law Cure The Problem Of Viral Content Farming?, Sara Gates

Fordham Intellectual Property, Media and Entertainment Law Journal

Part I introduces the concept of viral content farming, examines its origins, points out how it differs from aggregation, and consid-ers the purpose behind the practice. The Part looks at how compa-nies such as Google and Facebook have responded, and examines the overall impact on journalism and the Internet. Part II presents a possible ethical solution within the journalism industry and consid-ers resolutions in the law by describing the “hot news” misappro-priation doctrine and copyright law. Part III scrutinizes three pro-posals and discusses why copyright law is the most appropriate solution to the problem, then analyzes content farming within the …


To Show, Or Not To Show—That Was The Question: A Discussion Regarding The First Amendment Issues Implicated By The Sony Pictures Entertainment Cyberhack & The Interview Debacle, Chelsey Huso Apr 2016

To Show, Or Not To Show—That Was The Question: A Discussion Regarding The First Amendment Issues Implicated By The Sony Pictures Entertainment Cyberhack & The Interview Debacle, Chelsey Huso

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


Law Library Blog (April 2016): Legal Beagle's Blog Archive, Roger Williams University School Of Law Apr 2016

Law Library Blog (April 2016): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Trending @ Rwu Law: Dean Yelnosky's Post: Praise For Our Faculty In 'Princeton Review': 02-03-2016, Michael Yelnosky Feb 2016

Trending @ Rwu Law: Dean Yelnosky's Post: Praise For Our Faculty In 'Princeton Review': 02-03-2016, Michael Yelnosky

Law School Blogs

No abstract provided.


News Media As Mediators (Cardozo J. Conflict Resol.), Carol Pauli Jan 2016

News Media As Mediators (Cardozo J. Conflict Resol.), Carol Pauli

Carol Pauli

This paper explores journalism as a potential method of conflict resolution. Part I compares the norms and practices of journalism to those of facilitative mediation. Part II draws additional parallels between some aspects of journalism and two other forms of dispute resolution: transformative mediation and adjudication. Part III suggests some areas for encouragement and some areas for caution as peace journalists import conflict resolution techniques into news reporting and writing.


Thugs, Crooks, And Rebellious Negroes: Racist And Racialized Media Coverage Of Michael Brown And The Ferguson Demonstrations, Bryan Adamson Jan 2016

Thugs, Crooks, And Rebellious Negroes: Racist And Racialized Media Coverage Of Michael Brown And The Ferguson Demonstrations, Bryan Adamson

Faculty Articles

The article explores how the media constructs news, and offers extensive history on the adverse narrative media tropes about Black men since colonial newspapers. Through qualitative and quantitative analysis of news narratives and images, this article demonstrates how Ferguson accounts emphasized Brown’s deviance and chaos and disorder. After offering comparative analysis of White criminality and protest news narratives, the article presses upon the social effects of racist and racialized media narratives. The article examines the controversy through First Amendment free speech, hate crimes, and true threat principles as well as FCC regulation of broadcasting, and media ownership. While explicating the …


Marriage, Abortion, And Coming Out, Scott Skinner-Thompson, Sylvia A. Law, Hugh Baran Jan 2016

Marriage, Abortion, And Coming Out, Scott Skinner-Thompson, Sylvia A. Law, Hugh Baran

Publications

Over the past two decades, legal protections for lesbian, gay, and bisexual individuals have dramatically expanded. Simultaneously, meaningful access to reproductive choice for women has eroded. What accounts for the different trajectories of LGBTQ rights and reproductive rights?

This Piece argues that one explanation—or at least partial explanation—for the advance of LGBTQ rights relative to reproductive rights is the differing degree to which individuals have come out about their experiences with sexuality compared to coming out about experiences with unplanned pregnancies. In particular, as catalogued in this Piece, popular media portrayals of lesbian and gay individuals have proliferated, broadening the …


The Douban Online Social Media Barometer And The Chinese Reception Of Korean Popular Culture Flows, Brian Yecies, Jie Yang, Ae-Gyung Shim, Kai Ruo Soh, Matthew J. Berryman Jan 2016

The Douban Online Social Media Barometer And The Chinese Reception Of Korean Popular Culture Flows, Brian Yecies, Jie Yang, Ae-Gyung Shim, Kai Ruo Soh, Matthew J. Berryman

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

Since its launch in 2005, the Chinese online social networking site Douban has become a key platform for creating and sharing user-generated content on a rising tide of global popular culture. Such content and its corresponding user data has become so prolific that Western media outlets are now using Douban a key barometer for gauging representative opinions and attitudes towards foreign content in China. However, a full range of tools for harvesting and analyzing Chinese-language datasets has yet to be explored in English. This article attempts to fill this gap by investigating the applicability of an analytical framework that can …


12 Deadly Indigenous Australian Social Media Users To Follow, Bronwyn Carlson Jan 2016

12 Deadly Indigenous Australian Social Media Users To Follow, Bronwyn Carlson

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

No abstract provided.


The Media Exemption Puzzle Of Campaign Finance Laws, Sonja R. West Jan 2016

The Media Exemption Puzzle Of Campaign Finance Laws, Sonja R. West

Scholarly Works

In the 2010 case of Citizens United v. Federal Election Commission, the United States Supreme Court solidified the media exemption dilemma in campaign finance law. When attempting to address concerns about corporate campaign expenditures (i.e., corporate political speech), legislatures are now stuck between a rock and a hard place. Regulate media corporations, and they violate press freedoms. Exempt media corporations from the regulations, however, and they are accused of speaker discrimination.

Thus the question of how to treat the press in campaign finance law can no longer be ignored. Can legislatures, without running afoul of the First Amendment, ever regulate …


Mining Chinese Social Media Ugc: A Big Data Framework For Analyzing Douban Movie Reviews, Jie Yang, Brian Yecies Jan 2016

Mining Chinese Social Media Ugc: A Big Data Framework For Analyzing Douban Movie Reviews, Jie Yang, Brian Yecies

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

Analysis of online user-generated content is receiving attention for its wide applications from both academic researchers and industry stakeholders. In this pilot study, we address common Big Data problems of time constraints and memory costs involved with using standard single-machine hardware and software. A novel Big Data processing framework is proposed to investigate a niche subset of user-generated popular culture content on Douban, a well-known Chinese-language online social network. Huge data samples are harvested via an asynchronous scraping crawler. We also discuss how to manipulate heterogeneous features from raw samples to facilitate analysis of various film details, review comments, and …


Fair Use Of Foul Balls: Major League Baseball Advanced Media And Its Counterproductive Takedown Notices To Fans, Andrew Rissler Jan 2016

Fair Use Of Foul Balls: Major League Baseball Advanced Media And Its Counterproductive Takedown Notices To Fans, Andrew Rissler

Marquette Sports Law Review

No abstract provided.


Law And Politics, An Emerging Epidemic: A Call For Evidence-Based Public Health Law, Michael Ulrich Jan 2016

Law And Politics, An Emerging Epidemic: A Call For Evidence-Based Public Health Law, Michael Ulrich

Faculty Scholarship

As Jacobson v. Massachusetts recognized in 1905, the basis of public health law, and its ability to limit constitutional rights, is the use of scientific data and empirical evidence. Far too often, this important fact is lost. Fear, misinformation, and politics frequently take center stage and drive the implementation of public health law. In the recent Ebola scare, political leaders passed unnecessary and unconstitutional quarantine measures that defied scientific understanding of the disease and caused many to have their rights needlessly constrained. Looking at HIV criminalization and exemptions to childhood vaccine requirements, it becomes clear that the blame cannot be …