Digital Commons Network^™

December 2018 Commencement Program, Bowling Green State University

Commencement Programs

No abstract provided.

A Reckless Verisimilitude: The Archive In James Ellroy’S Fiction, Bradley J. Wiles

disClosure: A Journal of Social Theory

The archive as both plot element and narrative presentation factors significantly into the work of James Ellroy’s novels in the L.A. Quartet and USA Underworld Trilogy series. This article examines the important role of the archive as a source of information and evidence that Ellroy’s characters utilize in their attempts at either maintaining or attacking the status quo. Through these novels, Ellroy conveys the potential power archives wield over the trajectory of history and our understanding of it by demonstrating how the historical record is often shaped in favor of the powerful. Yet even if the archive is a manifestation …

Emoluments, Zones Of Interests, And Political Questions: A Cautionary Tale, Jed Handelsman Shugerman, Gautham Rao

Faculty Scholarship

The “political question” doctrine is hotly contested in 2018, and perhaps on the verge of its biggest reversal since the Baker v. Carr revolution. Later this year, we will learn if the Supreme Court in Whitford v. Gill will regard extreme partisan gerrymandering as a violation of the First and Fourteenth Amendments, rather than as a nonjusticiable political question.¹ It turns out that another high-profile case in the lower courts illuminates the use and misuse of the political question doctrine. The Emoluments cases, and in particular, the Southern District of New York’s dismissal of CREW v. Trump, ^{2 …}

Judicial Candidates’ Right To Lie, Nat Stern

Maryland Law Review

, the Supreme Court struck down a law forbidding certain judicial campaign speech. A decade later, the Court in United States v. Alvarez ruled that factually false statements do not constitute categorically unprotected expression under the First Amendment. Together, these two holdings, along with the Court’s wider protection of political expression and disapproval of content-based restrictions, cast serious doubt on states’ ability to ban false and misleading speech by judicial candidates. Commonly known as the misrepresent clause, this prohibition has intuitive appeal in light of judges’ responsibilities and still exists in many states. Given the provision’s vulnerability to challenge, however, …

The Hunt For Privacy Harms After Spokeo, Matthew S. Deluca

Fordham Law Review

In recent years, due both to hacks that have leaked the personal information of hundreds of millions of people and to concerns about government surveillance, Americans have become more aware of the harms that can accompany the widespread collection of personal data. However, the law has not yet fully developed to recognize the concrete privacy harms that can result from what otherwise seems like ordinary economic activity involving the widespread aggregation and compilation of data. This Note examines cases in which lower federal courts have applied the Supreme Court’s directions for testing the concreteness of alleged intangible privacy injuries, and …

Tangling With Dragons: Growing Up Fairy Tale Style In Tangled And How To Train Your Dragon, Randy Rasmussen

Librarian Publications

Animated movies are often, though not always, the modem equivalent of literary fairy tales. In the mid-1970's Bruno Bettelheim published a fascinating study of classic fairy tales entitled The Uses of Enchantment: The Meaning and Importance of Fairy Tales. I thought it might be interesting to apply a few of his theories to three of my favorite animated films: Tangled, How to Train Your Dragon and How to Train Your Dragon 2.

The inclusion of one Disney Studios movie with two from Dreamworks is not entirely arbitrary. Tangled is an adaptation of the Brothers Grimm fairy tale "Rapunzel," …

Extremist Speech, Compelled Conformity, And Censorship Creep, Danielle Keats Citron

Notre Dame Law Review

Silicon Valley has long been viewed as a full-throated champion of First Amendment values. The dominant online platforms, however, have recently adopted speech policies and processes that depart from the U.S. model. In an agreement with the European Commission, the dominant tech companies have pledged to respond to reports of hate speech within twenty-four hours, a hasty process that may trade valuable expression for speedy results. Plans have been announced for an industry database that will allow the same companies to share hashed images of banned extremist content for review and removal elsewhere. These changes are less the result of …

Critical Media Literacy Conference Program 2018, Critical Media Literacy Conference

International Critical Media Literacy Conference (2016-2019)

Conference Program

Promethia Winter 1977-78, Oral Roberts University

Promethia

No abstract provided.

Mclg 110.01: Introduction To European Studies, Clint Walker, Marton M. Marko

University of Montana Course Syllabi

No abstract provided.

Against Notice And Choice: The Manifest Failure Of The Proceduralist Paradigm To Protect Privacy Online (Or Anywhere Else), John A. Rothchild

Law Faculty Research Publications

No abstract provided.

William H. Hannon Library Year In Review 2017 – 2018, William H. Hannon Library

William H. Hannon Year-in-Reviews

No abstract provided.

Emoluments, Zones Of Interests, And Political Questions: A Cautionary Tale, Jed Handelsman Shugerman, Gautham Rao

UC Law Constitutional Quarterly

As the Supreme Court addresses partisan gerrymanders in 2018, the "political question" doctrine is facing intense scrutiny. Will the Court tackle the problem or punt once again? It turns out that other high-profile cases in the lower courts offer a perspective on the political question doctrine. The Emoluments cases offer a cautionary tale about the use of the political question doctrine, and how the political question doctrine is too often an unconsciously tempting escape forjudges facing challenging legal questions.

The dismissal by the Southern District of New York in CREW v. Trump avoided reaching the merits of the emoluments claims …

Efficacy Of Herbivore Exclusion On Planted Tree Seedling Vitality On A Reclaimed Surface Mine In Eastern Kentucky, Zachary J. Hackworth

Theses and Dissertations--Forestry and Natural Resources

Conventional Appalachian surface-mine reclamation techniques repress natural forest regeneration, and tree plantings are often necessary for reforestation. Reclaimed Appalachian surface mines harbor a suite of mammal herbivores that forage on recently planted seedlings. Anecdotal reports across Appalachia have implicated herbivory in the hindrance and failure of reforestation efforts, yet empirical evaluation of herbivory impacts on planted seedling vitality in this region remains relatively uninitiated. First growing-season survival, height growth, and mammal herbivory damage of black locust (Robinia pseudoacacia L.), shortleaf pine (Pinus echinata Mill.), and white oak (Quercus alba L.) are presented in response to varying intensities …

Incredible Lies, Catherine J. Ross

University of Colorado Law Review

No abstract provided.

Tips About Written Advocacy From The North Dakota Supreme Court, Douglas E. Abrams

Faculty Publications

In 1940, legendary Supreme Court advocate John W. Davis published "The Argument of an Appeal," an article that remains influential to lawyers and law students today. A few years later, the one-time Democratic presidential candidate closed his career with 141 arguments before the court, the most of any 20th century lawyer.

Dystopoi Of Memory And Invention: The Rhetorical “Places” Of Postmodern Dystopian Film, Ben Wetherbee

Journal Articles

No abstract provided.

Extremist Speech, Compelled Conformity, And Censorship Creep, Danielle K. Citron

Faculty Scholarship

Silicon Valley has long been viewed as a full-throated champion of First Amendment values. The dominant online platforms, however, have recently adopted speech policies and processes that depart from the U.S. model. In an agreement with the European Commission, tech companies have pledged to respond to reports of hate speech within twenty-four hours, a hasty process that may trade valuable expression for speedy results. Plans have been announced for an industry database that will allow the same companies to share hashed images of banned extremist content for review and removal elsewhere.

These changes are less the result of voluntary market …

Legislating Against Lying In Campaigns And Elections, Joshua S. Sellers

Oklahoma Law Review

No abstract provided.

Emoluments, Zones Of Interests, And Political Questions: A Cautionary Tale, Jed H. Shugerman, Gautham Rao

Faculty Scholarship

No abstract provided.