Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 10 of 10

Full-Text Articles in Law

Open Secret: Why The Supreme Court Has Nothing To Fear From The Internet, Keith Bybee Nov 2012

Open Secret: Why The Supreme Court Has Nothing To Fear From The Internet, Keith Bybee

Keith J. Bybee

The United States Supreme Court has an uneasy relationship with openness: it complies with some calls for transparency, drags its feet in response to others, and sometimes simply refuses to go along. I argue that the Court’s position is understandable given that the internet age of fluid information and openness has often been heralded in terms that are antithetical to the Court’s operations. Even so, I also argue the Court actually has little to fear from greater transparency. The understanding of the Court with the greatest delegitimizing potential is the understanding that the justices render decisions on the ...


Enhancing Public Access To Online Rulemaking Information, Cary Coglianese Oct 2012

Enhancing Public Access To Online Rulemaking Information, Cary Coglianese

Faculty Scholarship at Penn Law

One of the most significant powers exercised by federal agencies is their power to make rules. Given the importance of agency rulemaking, the process by which agencies develop rules has long been subject to procedural requirements aiming to advance democratic values of openness and public participation. With the advent of the digital age, government agencies have engaged in increasing efforts to make rulemaking information available online as well as to elicit public participation via electronic means of communication. How successful are these efforts? How might they be improved? In this article, I investigate agencies’ efforts to make rulemaking information available ...


Cops, Cameras And Accountability: User-Generated Online Video And Public Space Police-Civilian Interactions, Douglas Alan Kelly May 2012

Cops, Cameras And Accountability: User-Generated Online Video And Public Space Police-Civilian Interactions, Douglas Alan Kelly

Electronic Theses and Dissertations

Video captured by increasingly ubiquitous civilian cameras and communicated to a mass audience over the Internet is capable of bypassing police jurisdictional influence over traditional mass media and may be affecting police-civilian interactions in American public space as the initial cusp of a paradigm shift. Historically, the ability to visually record activities in public space was reserved to those with the resources and the motivation to devote to the task. Police and traditional mass media wielded power through cameras, power often not available to the public. Today, police often find their cameras outnumbered by those under autonomous citizen control. An ...


Both Sides Will Need To Raise Their Game, Tan K. B. Eugene May 2012

Both Sides Will Need To Raise Their Game, Tan K. B. Eugene

Research Collection School Of Law

Now that the Hougang by-election is over, the Workers' Party (WP) and the People's Action Party (PAP) will conduct their post-mortems. SMU Assistant Professor Eugene Tan wrote that ?Among the key questions would be how they campaigned and how they can deal with the issues that the hustings threw up. For the WP, how can it keep Hougang in its fold and grow the famed "Hougang Spirit"? How can it be less reliant on its charismatic leader Low Thia Khiang? For the PAP, how can it make significant gains and be more competitive in Hougang?? He concludes that what ...


Battle For Undecided Voters In Hougang, Tan K. B. Eugene May 2012

Battle For Undecided Voters In Hougang, Tan K. B. Eugene

Research Collection School Of Law

SMU Assistant Professor and NMP Eugene Tan commented on the battle for undecided voters in Hougang prior to the by-election this Saturday. He wrote that the political stakes are not so high in this by-election. Although the WP has more to lose this round, the stakes are calibrated differently in their first head-to-head contest since GE2011, and the parties must remember that this by-election is but a "battle" only. Instead, the PAP and WP would do well to stay focused on acquitting themselves well in the long haul before the next General Election. The priority for both parties is to ...


You Say You Want A (Nonviolent) Revolution, Well Then What? Translating Western Thought, Strategic Ideological Cooptation, And Institution Building For Freedom For Governments Emerging Out Of Peaceful Chaos, Donald J. Kochan Mar 2012

You Say You Want A (Nonviolent) Revolution, Well Then What? Translating Western Thought, Strategic Ideological Cooptation, And Institution Building For Freedom For Governments Emerging Out Of Peaceful Chaos, Donald J. Kochan

Donald J. Kochan

With nonviolent revolution in particular, displaced governments leave a power and governance vacuum waiting to be filled. Such vacuums are particularly susceptible to what this Article will call “strategic ideological cooptation.” Following the regime disruption, peaceful chaos transitions into a period in which it is necessary to structure and order the emergent governance scheme. That period in which the new government scheme emerges is particularly fraught with danger when growing from peaceful chaos because nonviolent revolutions tend to be decentralized, unorganized, unsophisticated, and particularly vulnerable to cooptation. Any external power wishing to influence events in societies emerging out of peaceful ...


Disclosure's Effects: Wikileaks And Transparency, Mark Fenster Feb 2012

Disclosure's Effects: Wikileaks And Transparency, Mark Fenster

Mark Fenster

Constitutional, criminal, and administrative laws regulating government transparency, and the theories that support them, rest on the assumption that the disclosure of information has transformative effects: disclosure can inform, enlighten, and energize the public, or it can create great harm or stymie government operations. To resolve disputes over difficult cases, transparency laws and theories typically balance disclosure’s beneficial effects against its harmful ones. WikiLeaks and its vigilante approach to massive document leaks challenge the underlying assumption about disclosure’s effects in two ways. First, WikiLeaks’s ability to receive and distribute leaked information cheaply, quickly, and seemingly unstoppably enables ...


Webs Of Faith As A Source Of Reasonable Disagreement, Gregory Brazeal Jan 2012

Webs Of Faith As A Source Of Reasonable Disagreement, Gregory Brazeal

Gregory Brazeal

Contemporary political theorists and philosophers of epistemology and religion have often drawn attention to the problem of reasonable disagreement. The idea that deliberators may reasonably persist in a disagreement even under ideal deliberative conditions and even over the long term poses a challenge to the common assumption that rationality should lead to consensus. This essay proposes a previously unrecognized source of reasonable disagreement, based on the notion that an individual's beliefs are rationally related to one another in a fabric of sentences or web of beliefs. The essay argues that an individual's beliefs may not form a single ...


Open Secret: Why The Supreme Court Has Nothing To Fear From The Internet, Keith J. Bybee Jan 2012

Open Secret: Why The Supreme Court Has Nothing To Fear From The Internet, Keith J. Bybee

Institute for the Study of the Judiciary, Politics, and the Media at Syracuse University

The United States Supreme Court has an uneasy relationship with openness: it complies with some calls for transparency, drags its feet in response to others, and sometimes simply refuses to go along. I argue that the Court’s position is understandable given that the internet age of fluid information and openness has often been heralded in terms that are antithetical to the Court’s operations. Even so, I also argue the Court actually has little to fear from greater transparency. The understanding of the Court with the greatest delegitimizing potential is the understanding that the justices render decisions on the ...


Social Media, Political Change, And Human Rights, Sarah Joseph Jan 2012

Social Media, Political Change, And Human Rights, Sarah Joseph

Boston College International and Comparative Law Review

In this Essay, the role of social media in progressive political change is examined in the context of the Arab Spring uprisings. The concept of social media is explained, and Clay Shirky’s arguments for and Malcolm Gladwell’s arguments against the importance of social media in revolutions are analyzed. An account of the Arab Spring (to date) is then given, including the apparent role of social media. Evgeny Morozov’s arguments are then outlined, including his contentions that social media and the Internet can be tools of oppression rather than emancipation, and spreaders of hate and propaganda rather than ...