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Full-Text Articles in Law

Dysregulating The Media: Digital Redlining, Privacy Erosion, And The Unintentional Deregulation Of American Media, Jon M. Garon Jan 2021

Dysregulating The Media: Digital Redlining, Privacy Erosion, And The Unintentional Deregulation Of American Media, Jon M. Garon

Faculty Scholarship

Netflix, Amazon, YouTube, and Apple have been joined by Disney+, Twitch, Facebook, and others to supplant the broadcast industry. As the FCC, FTC, and other regulators struggle, a new digital divide has emerged. The current regulatory regime for television is built upon the government’s right to manage over-the-air broadcasting. As content producers shift away from broadcast and cable, much of the government’s regulatory control will end, resulting in new consequences for public policy and new challenges involving privacy, advertising, and antitrust law. Despite the technological change, there are compelling government interests in a healthy media environment. This article ...


The Vampire That Refused To Die: Dracula And Nosferatu, Louis J. D'Alton Dec 2020

The Vampire That Refused To Die: Dracula And Nosferatu, Louis J. D'Alton

Proceedings from the Document Academy

This paper considers the efforts of the Stoker estate to stop an infringing work, Nosferatu, in a new medium while simultaneously attempting to create new vehicles to exploit the legacy of Dracula. Focusing on the works as they pass and transform through overlapping and related frames allows the consideration of both the private and public lives of the document. It also highlights the limitations of policy frames and the continuing relevance of these historical processes in discussions of the document.


Law Library Blog (December 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law Dec 2020

Law Library Blog (December 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Targeting The Texas Citizen Participation Act: The 2019 Texas Legislature's Amendments To A Most Consequential Law, Amy Bresnen, Lisa Kaufman, Steve Bresnen Oct 2020

Targeting The Texas Citizen Participation Act: The 2019 Texas Legislature's Amendments To A Most Consequential Law, Amy Bresnen, Lisa Kaufman, Steve Bresnen

St. Mary's Law Journal

Few Texas laws enacted in recent decades have had a greater impact on civil litigation or been more litigated than the Texas Citizen’s Participation Act (“TCPA”) passed in 2011. Despite its stated purpose of protecting First Amendment rights, as written, the TCPA’s seemingly limitless application confounded judges and litigants alike, causing the 86th Legislature in 2019 to pass sweeping changes to that law. The Article describes the original statute’s problematic nature, the caselaw interpreting it, and the recent changes’ legislative history and substance. The authors highlight contributions of key legislators and stakeholders. The Article’s extensive treatment ...


Law Library Blog (September 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law Sep 2020

Law Library Blog (September 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Law School News: Distinguished Service Professor: Deborah Gonzalez 05-20-2020, Michael M. Bowden May 2020

Law School News: Distinguished Service Professor: Deborah Gonzalez 05-20-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Law School News: Adjunct Professor Of The Year: David Coombs 05-13-2020, Michael M. Bowden May 2020

Law School News: Adjunct Professor Of The Year: David Coombs 05-13-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Law Enforcement, Public Opinion, The Media, And Its Effects, Aaron Borcyk May 2020

Law Enforcement, Public Opinion, The Media, And Its Effects, Aaron Borcyk

Theses/Capstones/Creative Projects

The United States Bureau of Labor Statistics estimates that, in 2018, law enforcement workers made up about .8% of the country’s workforce. Given that they make up such a large percentage of the workforce plus the extreme public visibility of the profession by nature, law enforcement is a highly discussed topic. After the controversial officer-involved shootings of Michael Brown, Walter Scott, and Freddie Gray between 2014 and 2016 the credibility and integrity of law enforcement came into question. Law enforcement is depicted on many media platforms in many different ways; The current research leverages qualitative data obtained from in-depth ...


How We Talk About The Press, Erin C. Carroll Feb 2020

How We Talk About The Press, Erin C. Carroll

Georgetown Law Faculty Publications and Other Works

In 2017, the term “fake news” was so popular that it received the “Word of the Year” honor from the American Dialect Society. Since then, its popularity may have abated some, but its use persists. Most obviously, anti-press speakers weaponize the term fake news to undermine journalists and the press as an institution. Perhaps more surprisingly, however, the term is also in regular rotation among many who would seem to support a free and independent press, including scholars, teachers, and journalists themselves.

The continued and often-uncritical use of fake news should worry us. As thinkers across disciplines have recognized for ...


Promoting Journalism As Method, Erin C. Carroll Jan 2020

Promoting Journalism As Method, Erin C. Carroll

Georgetown Law Faculty Publications and Other Works

The marketplace of ideas has been a centerpiece of free speech jurisprudence for a century. According to the marketplace theory, the vigorous competition of ideas, free from government interference, is the surest path to truth. As our metaphorical marketplace has moved online, the competition has never been so heated. We should be drowning in truth. Yet, in reality, truth has perhaps never been more elusive.

As we struggle to promote democratic debate and surface truth in our chaotic networked public sphere, we are understandably drawn to familiar frames and tools. These include the source of the marketplace of ideas theory ...


News As Surveillance, Erin C. Carroll Jan 2020

News As Surveillance, Erin C. Carroll

Georgetown Law Faculty Publications and Other Works

As inhabitants of the Information Age, we are increasingly aware of the amount and kind of data that technology platforms collect on us. Far less publicized, however, is how much data news organizations collect on us as we read the news online and how they allow third parties to collect that personal data as well. A handful of studies by computer scientists reveal that, as a group, news websites are among the Internet’s worst offenders when it comes to tracking their visitors.

On the one hand, this surveillance is unsurprising. It is capitalism at work. The press’s business ...


Platforms And The Fall Of The Fourth Estate: Looking Beyond The First Amendment To Protect Watchdog Journalism, Erin C. Carroll Jan 2020

Platforms And The Fall Of The Fourth Estate: Looking Beyond The First Amendment To Protect Watchdog Journalism, Erin C. Carroll

Georgetown Law Faculty Publications and Other Works

Journalists see the First Amendment as an amulet, and with good reason. It has long protected the Fourth Estate—an independent institutional press—in its exercise of editorial discretion to check government power. This protection helped the Fourth Estate flourish in the second half of the twentieth century and ably perform its constitutional watchdog role.

But in the last two decades, the media ecology has changed. The Fourth Estate has been subsumed by a Networked Press in which journalists are joined by engineers, algorithms, audience, and other human and non-human actors in creating and distributing news. The Networked Press’s ...


The Legal Implications Of Synthetic And Manipulated Media, Thomas E. Kadri Nov 2019

The Legal Implications Of Synthetic And Manipulated Media, Thomas E. Kadri

Popular Media

Ahead of the U.S. 2020 presidential election, the Carnegie Endowment for International Peace convened more than 100 experts from three dozen organizations inside and outside Silicon Valley in private meetings to help address the challenges that synthetic and manipulated media pose for industry, government, and society more broadly. Among other things, the meetings developed a common understanding of the potential for synthetic and manipulated media circulated on technology platforms to disrupt the upcoming presidential election, generated definitions of “inappropriate” election-related synthetic and manipulated media that have informed platform content moderation policies, and equipped platforms with playbooks of effective and ...


Law School News: Millennial Law 08-21-2019, Dick Dahl Aug 2019

Law School News: Millennial Law 08-21-2019, Dick Dahl

Life of the Law School (1993- )

No abstract provided.


Law Library Blog (August 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law Aug 2019

Law Library Blog (August 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Law School News: Making It Affordable 06-18-2019, Michael M. Bowden Jun 2019

Law School News: Making It Affordable 06-18-2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


The Media, A Polarized America & Adr Tools To Enhance Understanding Of Perspectives, Ginsey Varghese Kramarczyk May 2019

The Media, A Polarized America & Adr Tools To Enhance Understanding Of Perspectives, Ginsey Varghese Kramarczyk

Pepperdine Dispute Resolution Law Journal

This article will survey: (1) the intended role of the media in a democracy; (2) the current polarized political climate in the United States; (3) the challenges facing the twenty-first century with the growth of technology, cable news, and online platforms; (4) the media's role in perpetuating conflict; and (5) propose that media professionals use Alternative Dispute Resolution (ADR) tools and processes to increase the public’s understanding of differing perspectives in our conflict-laden political discourse.


Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 10, 25th Anniversary Issue) (May 2019), Roger Williams University School Of Law May 2019

Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 10, 25th Anniversary Issue) (May 2019), Roger Williams University School Of Law

RWU Law

No abstract provided.


Syrian Crisis Representation In The Media: The Cnn Effect, Framing, And Tone, Savannah S. Day May 2019

Syrian Crisis Representation In The Media: The Cnn Effect, Framing, And Tone, Savannah S. Day

The University of Mississippi Undergraduate Research Journal

Over the past seven years of the Syrian Civil War, Syrian refugees have been painted in a negative light by news media outlets around the world. History of media coverage regarding global humanitarian crises shows that with various tools and processes, media can shape public opinion and policy in whichever direction it desires, and oftentimes policymakers and the public are quick, as well as emotional, to react. In this paper, my objectives are to analyze specific examples of this CNN Effect phenomena within news coverage of the Syrian refugee crisis, as well as generally explain the negatively correlating relationship between ...


Privacy, Freedom, And Technology—Or “How Did We Get Into This Mess?”, Alex Alben Apr 2019

Privacy, Freedom, And Technology—Or “How Did We Get Into This Mess?”, Alex Alben

Seattle University Law Review

Can we live in a free society without personal privacy? The question is worth pondering, not only in light of the ongoing debate about government surveillance of private communications, but also because new technologies continue to erode the boundaries of our personal space. This Article examines our loss of freedom in a variety of disparate contexts, all connected by the thread of erosion of personal privacy. In the scenarios explored here, privacy reducing activities vary from government surveillance, personal stalking conducted by individuals, and profiling by data-driven corporations, to political actors manipulating social media platforms. In each case, new technologies ...


How Media Impact Race Relations: Positive And Negative Historical Examples And Applied Psychological Principles, Sophia Nocera Mar 2019

How Media Impact Race Relations: Positive And Negative Historical Examples And Applied Psychological Principles, Sophia Nocera

Honors Theses, University of Nebraska-Lincoln

This thesis sought to examine how media influenced interracial relations in the 1920s and 1930s. It starts by defining necessary terms like media, race, racism, and stereotypes. Afterwards, studies which demonstrate that media reflect society are analyzed as well as studies which determine the extent of media influence on society. Media are the most influential on people who agree with the content provided and those who have no specific opinion on the issue at hand.

Next, psychological studies which determine the circumstances in which racist ideology is accepted the most are analyzed. This analysis determined that in-group versus out-group sentiments ...


Influence Of Trial By Media On The Criminal Justice System In India, V.V.L.N. Sastry Jan 2019

Influence Of Trial By Media On The Criminal Justice System In India, V.V.L.N. Sastry

Walden Dissertations and Doctoral Studies

Media exercises incredible influence on the public; in India media appears to interfere with court proceedings. The purpose of this mixed-methods quasi-experimental study was to explore the effect of media trials on the Indian criminal justice system and to examine the relationship between court verdicts and media trials in India. The narrative policy framework was used to guide the study. Qualitative data were gathered from a variety of sources, including the court cases and the related verdicts reported by the media as media trials from 2005 to 2015. Subsequently, interviews were also conducted to collect qualitative data. Quantitative data were ...


A Call To The Media To Change Reporting Practices For The Coverage Of Mass Shootings, Jaclyn Schildkraut Jan 2019

A Call To The Media To Change Reporting Practices For The Coverage Of Mass Shootings, Jaclyn Schildkraut

Washington University Journal of Law & Policy

This article considers how a more responsible form of media coverage of mass shootings could help to reduce the occurrence of these events. It begins by exploring evidence of a contagion effect, as well as the presence of copycat shootings, that result from the media coverage of these attacks. The article then assesses media coverage in light of the World Health Organization’s recommendations for coverage of a related phenomenon, suicide. The article argues for a shift of journalistic practices moving forward in an effort to help reduce the occurrence of mass shootings in the United States.


Sticks, Stones, And So-Called Judges: Why The Era Of Trump Necessitates Revisiting Presidential Influence On The Courts, Quinn W. Crowley Jan 2019

Sticks, Stones, And So-Called Judges: Why The Era Of Trump Necessitates Revisiting Presidential Influence On The Courts, Quinn W. Crowley

Indiana Law Journal

This Note will be primarily divided into three main sections. Part I of this Note will begin by discussing the importance of judicial independence in modern society and the role of elected officials in shaping the public perception of the courts. Additionally, as problems of judicial legitimacy are age-old and date back to America’s founding, Part I will include a brief discussion of an early clash between President Thomas Jefferson and the courts.

Parts II and III of this Note will seek to place President Trump’s conduct towards the judicial branch within the proper historical context. Part II ...


Rwu First Amendment Blog: David Logan's Blog: Recognizing The Free Press In The Crosshairs Across The Globe 12-12-2018, David A. Logan Dec 2018

Rwu First Amendment Blog: David Logan's Blog: Recognizing The Free Press In The Crosshairs Across The Globe 12-12-2018, David A. Logan

Life of the Law School (1993- )

No abstract provided.


Revenge Porn, Thomas Lonardo, Tricia P. Martland, Rhode Island Bar Journal Nov 2018

Revenge Porn, Thomas Lonardo, Tricia P. Martland, Rhode Island Bar Journal

Life of the Law School (1993- )

No abstract provided.


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 Jul 2018

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

Dr Brian Yecies

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 ...


Rwu First Amendment Blog: David Logan's Blog: Discovering Trump 06-22-2018, David A. Logan Jun 2018

Rwu First Amendment Blog: David Logan's Blog: Discovering Trump 06-22-2018, David A. Logan

Law School Blogs

No abstract provided.


Law School News: 'Marketplace Of Ideas' Imperiled (04-05-2018), David A. Logan Apr 2018

Law School News: 'Marketplace Of Ideas' Imperiled (04-05-2018), David A. Logan

Life of the Law School (1993- )

No abstract provided.


Books Have The Power To Shape Public Policy, Barbara Mcquade Apr 2018

Books Have The Power To Shape Public Policy, Barbara Mcquade

Michigan Law Review

In our digital information age, news and ideas come at us constantly and from every direction—newspapers, cable television, podcasts, online media, and more. It can be difficult to keep up with the fleeting and ephemeral news of the day.

Books, on the other hand, provide a source of enduring ideas. Books contain the researched hypotheses, the well-developed theories, and the fully formed arguments that outlast the news and analysis of the moment, preserved for the ages on the written page, to be discussed, admired, criticized, or supplanted by generations to come.

And books about the law, like the ones ...