Communication Commons^™

The Rhetoric Of Predictability: Reclaiming The Lay Ear In Music Copyright Infringement Litigation, Austin Padgett

The University of New Hampshire Law Review

[Excerpt] “Some things cannot be described. This is the theory that recent literary criticism has placed as its cornerstone. Philosopher-critic Roland Barthes identified this trend in his Mythologies, stating that critics often “suddenly decide that the true subject of criticism is ineffable, and criticism, as a consequence, unnecessary. Unfortunately, this view has become singular within the legal academy whenever an author discusses music copyright infringement analysis. It seems that scholars fear the thought of trusting a jury with such an “ineffable” subject as music and must propose alternatives, such as expert testimony, specialized courts, or mechanical analysis, that will diminish …

Comm-Entary, Spring 2008 - Full Issue

Comm-entary

In this issue:

Truth and Falsity: Taking a Social Constructionist Standpoint by Kirstyn Peterson

Expanded Media Effect on the Image of Bush versus Reagan by David J. Bettencourt

Parody Advertisements in American Culture by Vanessa Williams

The Press Rejects a Candidate...Again by Michael Soha

Systemic Blindness and Disease Mongering: A Social Constructionist Investigation by Kirstyn Peterson

Fighting for For Our Hearts and Minds: Manipulation, Media Coverage, and Military Control From the Gulf War to Iraq by Katrina Ingraham

Social Construction of Taste by Vanessa Williams and Blair Joyal

Hugo Chavez Address to U.N. General Assembly by Andrew Carslaw

Enactment of …