Digital Commons Network^™

Courthouse Iconography And Chayesian Judical Practice, William H. Simon

Faculty Scholarship

Judith Resnik and Dennis Curtis emphasize in Representing Justice that the traditional iconography of courthouses is incongruent with the current practices of the institutions that inhabit them. The key elements of traditional iconography – the blindfolded, scale-balancing Justitia and the courtroom configured for the trial – connote adjudication. Yet, the fraction of judicial work that involves deciding cases on the merits or conducting trials has decreased dramatically. Most judicial work today is basically managerial.

We could reduce this incongruity, on the one hand, by reviving the practical adjudicatory focus of the past or, on the other, by revising the iconography …

Overcoming The Digital Tsunami In E-Discovery: Is Visual Analysis The Answer?, Victoria L. Lemieux, Jason R. Baron

Canadian Journal of Law and Technology

New technologies are generating potentially discoverable evidence in electronic form in ever increasing volumes. As a result, traditional techniques of document search and retrieval in pursuit of electronic discovery in litigation are becoming less viable. One potential new technological solution to the e-discovery search and retrieval challenge is Visual Analysis (VA). VA is a technology that combines the computational power of the computer with graphical representations of large datasets to enable interactive analytic capabilities. This article provides an overview of VA technology and how it is being applied in the analysis of e-mail and other electronic documents in the field …

Jurisprudence For A Digital Age: Free Software And The Need For A New Media Legal Authority, Nicholas Clark

University of the District of Columbia Law Review

No abstract provided.

Visual Communication, Emily Barney

Presentations

This workshop covered:

• Using illustrations to communicate more effectively
• Ensuring your use is legal (copyright, licensing, etc.)
• Search tips to find great free images
• Creating Illustrations: Maps, MindMaps, Charts, Word Clouds

High-Tech View: The Use Of Immersive Virtual Environments In Jury Trials, Carrie Leonetti, Jeremy Bailenson

Marquette Law Review

This Article makes both empirical and normative claims about the admissibility of immersive-virtual-environment evidence during a jury trial. The empirical claim is that IVE evidence will inevitably enter the American courtroom; the normative one is that this inevitable entrance is a positive development for the jury’s search for truth. It argues that, while the digital projections created by an IVE are not perfectly realistic representations of the objects that they seek to recreate, an IVE can, nonetheless, be a fair and accurate representation of the scene that it represents, as long as an expert witness could lay the appropriate foundation …

Documentation, Documentary, And The Law: What Should Be Made Of Victim Impact Videos?, Regina Austin

Cardozo Law Review

No abstract provided.

Through A Glass Darkly: Using Brain Science And Visual Rhetoric To Gain A Professional Perspective On Visual Advocacy, Lucille A. Jewel

Scholarly Works

American legal culture, tracking the trend within the media culture as a whole, has become inherently more visual. Visual competency is now required for effective persuasion in the courtroom and in a variety of other advocacy settings. The central thesis of this Article is that visual advocacy is here to stay, but that there is a large knowledge gap that prevents advocates from being able to evaluate the professionalism of their own visual arguments and properly respond to the visual arguments submitted by their opposing counsel.

Accordingly, this Article offers a detailed outline of the knowledge bases that attorneys need …

Here's Hulu: How Popular Culture Helps Teach The New Generation Of Lawyers, Victoria S. Salzmann

McGeorge Law Review

No abstract provided.

International Legal Updates , Evan Wilson, Tracey Begley, Caitlin Shay, Shubra Ohri, Annamaria Racota, Bhavani Raveendran, Ri Yoo, Aileen Thomson

Human Rights Brief

No abstract provided.

Electronic Evidence Annotated Bibliography, Nancy Levit

Faculty Works

No abstract provided.

I Put You There: User-Generated Content And Anticircumvention, Rebecca Tushnet

Vanderbilt Journal of Entertainment & Technology Law

This Article discusses recent rulemaking proceedings before the Copyright Office concerning the anticircumvention provisions of the Digital Millennium Copyright Act (DMCA). During these proceedings, non-institutionally affiliated artists organized to assert their interests in making fair use of existing works, adding new voices to the debate. A proposed exemption for noncommercial remix video is justified to address the in terrorem effect of anticircumvention law on fair use. Without an exemption, fair users are subjected to a digital literacy test combined with a digital poll tax, and this regime suppresses fair use. The experience of artists (vidders) confronting the law illustrates both …

I Put You There: User-Generated Content And Anticircumvention, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

This Article discusses recent rulemaking proceedings before the Copyright Office concerning the anticircumvention provisions of the Digital Millennium Copyright Act (DMCA). During these proceedings, non-institutionally affiliated artists organized to assert their interests in making fair use of existing works, adding new voices to the debate. A proposed exemption for noncommercial remix video is justified to address the in terrorem effect of anticircumvention law on fair use. Without an exemption, fair users are subjected to a digital literacy test combined with a digital poll tax, and this regime suppresses fair use. The experience of artists (vidders) confronting the law illustrates both …

The Marriage Contract In Fine Art, Benjamin A. Templin

Northern Illinois University Law Review

From the fifteenth- to eighteenth-centuries, artists across Europe and England painted a scene depicting the negotiation of a marriage contract. In nearly every painting, a notary sits or stands at a table, quill in hand, memorializing the details of the dowry transfer. Some artists celebrated the accord, while others condemned arranged marriages made for purposes of status and money. Interestingly, at the same time the artists painted, massive changes occurred in the law and political philosophy aimed at changing some of the inherent problems in marriage law, such as the rights of women, the influence of parents, and divorce. To …

Is Permitting Student Use Of Laptops In Class A Good Idea? 'It Depends' - A Variety Of Approaches Is Best, Lynn Mclain

All Faculty Scholarship

An annotated bibliography compiling articles about students' use of technology in law school classes, with a second section discussing Professor McLain's personal experience with classroom technology use.

The First Amendment Right Against Compelled Listening, Caroline Mala Corbin

Articles

This Article argues for a new First Amendment right: the right against compelled listening. Free speech jurisprudence - which already recognizes the right to speak, the right to listen, and the right against compelled speech - is incomplete without the right against compelled listening. The same values that underlie the other free speech rights also lead to this right. Furthermore, this claim holds true regardless of whether one conceives of the primary purpose of the Free Speech Clause as creating a marketplace of ideas, enhancing participatory democracy, or promoting individual autonomy. The Article starts by examining the protection afforded to …

The Preparation And Trial Of Intellectual Property And Other Complex Cases, Charles J. Faruki

University of Dayton Law Review

No abstract provided.

What Screen Do You Have In Mind? Contesting The Visual Context Of Law And Film Studies, Richard K. Sherwin

Articles & Chapters

Law on the screen gives rise to a distinct way of doing jurisprudence. In this sense, it is incumbent upon legal scholars to discern with great care the kind of reality and the way of being that cinematic and electronic screens invite us to assume. Jurisprudence theorizes law in accordance with the cultural and cognitive meaning making tools at its disposal: story frames, character types, social scenarios, metaphors, as well as cultural and socially embedded or constructed emotional patterns, among other narratival and purely sensational elements. Law and film studies thus may be viewed as encompassing a larger concern with …

Disparity In Copyright Protection: Focus On The Finished Image Ignores The Art In The Details , Karen D. Williams

American University Law Review

Courts initial reactions play a major role in the assessment of copyright protection. A quick recognition of pictorial quality can result in an easy finding of originality. Based upon the extremely low threshold, such a quick summation is not surprising or necessarily refutable. However, the blanket assumption of a pictorial quality in photography creates a disparity in copyright protection for works of graphic design, like maps, which may not emit that immediate pictorial or aesthetic quality but may still employ creative choice. Those works that “scream” their pictorial nature get cursory review while the more subtle are being categorized as …

Sublime Jurisprudence: On The Ethical Education Of The Legal Imagination In Our Time, Richard K. Sherwin

Chicago-Kent Law Review

The broad dissemination of digital communication technologies is raising disturbing questions about the nature of truth as representation. This epistemological crisis shares an uncanny affinity with the crisis of representation that lay at the heart of the baroque era during the seventeenth century in Europe. The resolution of that crisis, through the work of Descartes and others, came on the heels of a philosophical shift from the image to the sign. However, as Vico presciently realized 300 years ago, Descartes' semiotic model, together with the totalizing rational method that accompanies it, are ill-suited to civic flourishing. Today, signifiers shorn of …

The True Colors Of Trademark Law: Green-Lighting A Red Tide Of Anti Competition Blues, Ann Bartow

Law Faculty Scholarship

The elevation of color to stand-alone trademark status illustrates the unbounded nature of trademarks within the judicial consciousness. The availability of color-alone marks also facilitates the commoditization of color in ways that complicate the development and distribution of products and services that use color for multiple purposes conterminously. The economic case for color-alone trademarks is severely undermined by careful observation of the ways that colors are actually deployed in commerce, which makes it clear that the trademarks of multiple goods and services can utilize the same color to telegraph the same message without confusing anyone or diluting the commercial power …

Ecotourism: Calling A Truce Between Ski Resort Developers And Environmental Groups, Audrey Kelm

Global Business & Development Law Journal

No abstract provided.

The True Colors Of Trademark Law: Greenlighting A Red Tide Of Anti Competition Blues, Ann Bartow

Kentucky Law Journal

No abstract provided.

Shadow War Scholarship, Indigenous Legal Tradition, And Modern Law In Indian Country, Christine Zuni Cruz

Faculty Scholarship

This article documents the purposes and reasons for the development of the Tribal Law Journal, the University of New Mexico School of Laws electronic journal created to promote scholarship on tribal law and the Indigenous legal tradition. It discusses the use of the internet for the work of the journal and of the need to increase an understanding and awareness of the law of Indigenous peoples. The diversity of indigenous peoples, in and of itself, requires unique approaches to the discussion of tribal law. The article considers how the Zapatista Movement in Chiapas utilized the internet. The Zapatista's engagement of …

The Case For "Thinking Like A Filmaker": Using Lars Von Trier's Dogville As A Model For Writing A Statement Of Facts, Elyse Pepper

Faculty Publications

Part I of this Article introduces movies as a persuasive medium. Part II examines the value of movies as teaching tools in the law school context. Part III breaks down the movie Dogville and demonstrates how it might be used to create two Statements of Facts in a fictionalized criminal case. Part IV recaps the lessons learned from using a film as a model for fact writing.

Shadow War Scholarship, Indigenous Legal Tradition, And Modern Law In Indian Country, Christine Zuni Cruz

Tribal Law Journal

In this essay, Tribal Law Journal Editor-in-Chief Zuni Cruz comments on the purpose of the Tribal Law Journal. She borrows the term "shadow war" from the Zapatistas' use of the Internet as she describes the Journal's endeavor to make Indigenous law explicit and to promote mental sovereignty. She challenges and invites others who write about the law of Indigenous Peoples to join in making legal scholarship in this area accessible to the public, especially the Indigenous public, and to create a depository of thought, rejecting the scattering of thought, by publishing legal scholarship in the global, publicly accessible e-journal, that …

A Manifesto For Visual Legal Realism, Richard K. Sherwin

Loyola of Los Angeles Law Review

No abstract provided.

Law In The Digital Age: How Visual Communication Technologies Are Transforming The Practice, Theory, And Teaching Of Law, Richard K. Sherwin, Neal Feigenson, Christina Spiesel

ExpressO

Law today has entered the digital age. The way law is practiced – how truth and justice are represented and assessed – is increasingly dependent on what appears on electronic screens in courtrooms, law offices, government agencies, and elsewhere. Practicing lawyers know this and are rapidly adapting to the new era of digital visual rhetoric. Legal theory and education, however, have yet to catch up. This article is the first systematic effort to theorize law's transformation by new visual and multimedia technologies and to set out the changes in legal pedagogy that are needed to prepare law students for practice …

Caught In (Or On) The Web: A Review Of Course Management Systems For Legal Education, Joan Macleod Heminway

Scholarly Works

Like other teaching innovations, course management software has been somewhat slow to take hold in legal education. Yet, as law teachers, we cannot deny that our current students are children of a technological age that centers on electronic communication. Although there is a lack of empirical evidence strongly supporting the pedagogic case for the use of technology in law teaching, some of us in the law academy have ventured forth with the use of teaching technologies on the theory that the current demographics of the law student population demand our interaction with students on this basis.

Course management systems are …

Vicarious Liability And The Private University Student Press, Nancy Whitmore

Scholarship and Professional Work - Communication

Once described as a quintessential marketplace of ideas by the Supreme Court of the United States, the academic marketplace has been criticized recently for institutionalizing a left-leaning ideology within its curriculum and academic discourse. As a result, national activists and organizations have been calling on state legislatures and university administrators to adopt policies and report on steps taken to encourage intellectual diversity and protect political and cultural minorities from faculty bias and academic retribution in the classroom and other university settings. But who would win a constitutional showdown between the academy and those seeking to infuse academic discourse with alternative …

Designing A Data Warehouse For Cyber Crimes, Il-Yeol Song, John D. Maguire, Ki Jung Lee, Namyoun Choi, Xiaohua Hu, Peter Chen

Journal of Digital Forensics, Security and Law

One of the greatest challenges facing modern society is the rising tide of cyber crimes. These crimes, since they rarely fit the model of conventional crimes, are difficult to investigate, hard to analyze, and difficult to prosecute. Collecting data in a unified framework is a mandatory step that will assist the investigator in sorting through the mountains of data. In this paper, we explore designing a dimensional model for a data warehouse that can be used in analyzing cyber crime data. We also present some interesting queries and the types of cyber crime analyses that can be performed based on …