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Full-Text Articles in Law
Transforming News: How Mediation Principles Can Depolarize Public Talk, Carol Pauli
Transforming News: How Mediation Principles Can Depolarize Public Talk, Carol Pauli
Carol Pauli
News media interviews bring opposing voices into the public forum where, ideally, audience members can deliberate and reach democratic compromise. But in today's politically polarized atmosphere, partisans increasingly accuse each other of being a threat to the country, and prospects for compromise have suffered. Journalists have been urged to take a more affirmative role, promoting problem solving and opposing conflict. They have stopped short, citing professional norms that demand a stance of neutral detachment. This article turns to the principles of transformative mediation. Like journalism, it is detached from any goal of settlement. It aims instead at increasing the capacity …
Recent Decision Note, Thomas L. Shaffer
Politics At The Boundary: Mixed Signals And The Chinese State, Rachel E. Stern, Kevin J. O'Brien
Politics At The Boundary: Mixed Signals And The Chinese State, Rachel E. Stern, Kevin J. O'Brien
Rachel E. Stern
In this conceptual essay, the authors argue that one way to understand the Chinese state is to view it from below, from the perspective of people advocating change. The authors’ “state reflected in society” approach is illustrated with accounts of Chinese lawyers, journalists, and NGO leaders who operate at the boundary of the acceptable and are attentive to signals about what the authorities will tolerate. Their experiences suggest that mixed signals about the limits of the permissible is a key feature of the Chinese state. Beyond a number of well-patrolled “forbidden zones,” the Chinese state speaks with many voices and …
The Strange Case Of Josh Wolf: What It Tells Us About Privilege Law, Anthony L. Fargo
The Strange Case Of Josh Wolf: What It Tells Us About Privilege Law, Anthony L. Fargo
Anthony L Fargo
The case of Josh Wolf, a blogger jailed for nearly six months for failing to comply with a subpoena, highlights several problems with the law of journalist's privilege. In particular, the Wolf case demonstrates the problems of defining who is a journalist and reconciling the law among different federal circuits and between federal and state courts. A proposed federal shield law may solve some, but not all, of these problems.
Scrambling For Protection: The New Media And The First Amendment, Patrick Garry
Scrambling For Protection: The New Media And The First Amendment, Patrick Garry
Patrick M. Garry
In Scrambling for Protection, Patrick Garry asserts that such dramatic developments in electronic communications will radically change the way society communicates. Already, computer networks and bulletin boards are creating, in essence, electronic editorial pages on which people can register their viewpoints. Indeed, the new and increasingly interactive media promise to more significantly involve the public in the process of social communication. This concept of change lies at the heart of Scrambling for Protection. Garry offers models and guidelines for constitutionally redefining the press and asserts that, as both the press and the First Amendment move away from an apparently exclusive …