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Full-Text Articles in Law

Hbo’S "The Wire" And Its Portrayal Of Baltimore Politics, Schools, And The Judicial System In Season 4: Was It Accurate Then And Does It Stand The Test Of Time?, Josephine Klingeman Jun 2021

Hbo’S "The Wire" And Its Portrayal Of Baltimore Politics, Schools, And The Judicial System In Season 4: Was It Accurate Then And Does It Stand The Test Of Time?, Josephine Klingeman

Honors Theses

This thesis is a content analysis of HBO’s fourth season of The Wire. After conducting an in-depth analysis of the content in the thirteen episodes of season four, I then assessed the level of accuracy in the show’s portrayal of two major topics discussed throughout the season: Witness protection and police informant harassment. I did so by conducting several interviews with professionals who have several decades of experience working in the criminal justice system. I compared their personal experience with witness protection programs, witness harassment, and police informant harassment with the content presented in The Wire on these ...


Forms Of Justice: The Rise Of The Legal Procedural In The Era Of Due Process, Sara Sligar Jan 2018

Forms Of Justice: The Rise Of The Legal Procedural In The Era Of Due Process, Sara Sligar

Publicly Accessible Penn Dissertations

This dissertation identifies and characterizes the literary genre of the “legal procedural”—a genre of cultural production that represents individuals’ passage through the criminal justice system, especially the jury trial. It argues that the genre formula became codified in the mid-20th-century United States in connection with the criminal rights movement or “due process revolution,” which nationally standardized many aspects of criminal procedure. Focusing on the years between 1930 and 1970, the dissertation explores how judicial and statutory changes, racial tensions, media-specific censorship patterns, and changing media ecologies contributed to the legal procedural’s increased popularity and formulaicism.


Intellectual Property In Experience, Madhavi Sunder Jan 2018

Intellectual Property In Experience, Madhavi Sunder

Michigan Law Review

In today’s economy, consumers demand experiences. From Star Wars to Harry Potter, fans do not just want to watch or read about their favorite characters— they want to be them. They don the robes of Gryffindor, flick their wands, and drink the butterbeer. The owners of fantasy properties understand this, expanding their offerings from light sabers to the Galaxy’s Edge®, the new Disney Star Wars immersive theme park opening in 2019.Since Star Wars, Congress and the courts have abetted what is now a $262 billion-a-year industry in merchandising, fashioning “merchandising rights” appurtenant to copyrights and trademarks that ...


Honey, You're No June Cleaver: The Power Of "Dropping Pop" To Persuade, Victoria S. Salzmann Oct 2017

Honey, You're No June Cleaver: The Power Of "Dropping Pop" To Persuade, Victoria S. Salzmann

Maine Law Review

Imagine a contentious child-custody hearing in which the husband is testifying about his wife's behavior. If he were to state “she is no June Cleaver,” that testimony would have an immediate impact upon those present. Most people would understand that the husband was making a reference to Mrs. Ward Cleaver, the pearl-clad mother figure from the popular 1950s television show Leave It to Beaver. However, the reference does more than simply call to mind 1950s television. It is a vivid popular-culture allusion that immediately taps into the psyche of anyone familiar with the show. It tells the listener that ...


Leisure/Crime, Immaterial Labor, And The Performance Of The Teenage Girl In Harmony Korine’S Spring Breakers (2012) And Sofia Coppola’S The Bling Ring (2013), Maryn Wilkinson Jan 2017

Leisure/Crime, Immaterial Labor, And The Performance Of The Teenage Girl In Harmony Korine’S Spring Breakers (2012) And Sofia Coppola’S The Bling Ring (2013), Maryn Wilkinson

Journal of Feminist Scholarship

Harmony Korine’s Spring Breakers (2012) and Sofia Coppola’s The Bling Ring (2013) introduced audiences to girls exploring criminal behavior both for and as leisure. The films introduce an idea of leisure/crime: criminal acts that appear to develop as natural, fruitful extensions of leisure activities, circumnavigating conventional laws of capitalism, yet still allow its actors to access, attain, and consume goods, money, value, and status. Through close analysis of the films’ style and character performances, this article proposes that the films and their enactments of leisure/crime in fact offer complex critical commentary on contemporary relations between the ...


Popular Culture And Legal Pluralism: Narrative As Law. By Wendy A. Adams [Book Review], Elena Dana Neacsu Jan 2017

Popular Culture And Legal Pluralism: Narrative As Law. By Wendy A. Adams [Book Review], Elena Dana Neacsu

Law Faculty Publications

Wendy Adams’ book is published in Routledge's “Law, Justice, and Power” series, edited by Austin Sarat. Like Sarat, Adams, who teaches law at McGill University, belongs to the school of "cultural studies of law". Thus, her writing is refreshingly cosmopolitan and interdisciplinary. Her project is to build a “legal narrative,” which is a framework for popular culture as law, where illegal acts could easily become re-imagined in an alternative legality. She argues that “legal texts originating with the state may well be of less significance in creating legal meaning in our lives than the representations of law in popular ...


Sherlock Holmes And The Case Of The Lucrative Fandom: Recognizing The Economic Power Of Fanworks And Reimagining Fair Use In Copyright, Stacey M. Lantagne Jun 2015

Sherlock Holmes And The Case Of The Lucrative Fandom: Recognizing The Economic Power Of Fanworks And Reimagining Fair Use In Copyright, Stacey M. Lantagne

Michigan Telecommunications & Technology Law Review

Fan culture, in the form of fan-created works like fanfiction, fanart, and fanvids, is often associated with the Internet. However, fandom has existed for as long as stories have been told. Sir Arthur Conan Doyle’s Sherlock Holmes stories inspired a passionate fandom long before the age of the Internet. Despite their persistence, fanworks have long existed in a gray area of copyright law. Determining if any given fanwork is infringing requires a fair use analysis. Although these analyses pay lip service to a requirement of aesthetic neutrality, they tend to become bogged down by unarticulated artistic judgments that hinge ...


What Zombies Can Teach Law Students: Popular Text Inclusion In Law And Literature, Thomas E. Simmons May 2015

What Zombies Can Teach Law Students: Popular Text Inclusion In Law And Literature, Thomas E. Simmons

Mercer Law Review

...

The productive use of zombies in a law school curriculum is not limited to hypothetical scenarios and posing "what if' questions. The content of an interdisciplinary law and literature course could be expanded to include consideration of texts that reference zombies. While serious, canonical works such as Dickens's Bleak House, Otto Preminger's Anatomy of a Murder, and Kafka's The Trial constitute examples of literature and film that merit serious study in a course in law and literature, I will assert that lesser texts should also be included, both as a way to highlight why Martin Scorsese outshines ...


The Rise And Fall Of Bad Judge: Lady Justice Is No Tramp, Taylor Simpson-Wood Jan 2015

The Rise And Fall Of Bad Judge: Lady Justice Is No Tramp, Taylor Simpson-Wood

Faculty Scholarship

No abstract provided.


Moving Forward/Looking Back: Reclaiming And Revising Our Feminist Past And Searching For Solidarity, Cassandra Denise Fetters Jan 2015

Moving Forward/Looking Back: Reclaiming And Revising Our Feminist Past And Searching For Solidarity, Cassandra Denise Fetters

Journal of Feminist Scholarship

Interweaving personal anecdotes, feminist theory, and literary and popular culture references, this article attempts to provide answers to the question of how we build a social movement and establish solidarity among women while still recognizing and respecting difference. The article traces historical accounts of feminists contending with the “difference impasse” and argues that we should return to and revise the feminist thought that preceded us, weaving together theories from our feminist past with contemporary models, including those of feminist psychoanalyst Jessica Benjamin and her ideas of “mutual recognition” and intersubjectivity. Drawing on fictional accounts from literature by women writers, the ...


“Ahead Of The Lawmen”: Law And Morality In Disney Animated Films 1960–1998, Nehal A. Patel Apr 2013

“Ahead Of The Lawmen”: Law And Morality In Disney Animated Films 1960–1998, Nehal A. Patel

Nehal A. Patel

This article examines the relationship between law and morality in a selection of animated Disney movies released between 1960 and 1998. The authors analyze all of the fully-animated, G-rated movies that grossed $100 million or more (adjusted for inflation) which shaped the childhood of lawyers practicing today. We find that the predominant representation of the relationship between law and morality is that they are at odds. Law most often is portrayed as having no relationship to morality or, even worse, as an obstacle to justice. These findings have implications for theories of law and morality, justice, and ethics. These findings ...


Dark Justice: Women Legal Actors On Basic Cable, Taunya Banks Sep 2012

Dark Justice: Women Legal Actors On Basic Cable, Taunya Banks

Taunya Lovell Banks

No abstract provided.


Images In/Of Law, Jessica M. Silbey Jan 2012

Images In/Of Law, Jessica M. Silbey

Jessica Silbey

The proliferation of images in and of law lends itself to surprisingly complex problems of epistemology and power. Understanding through images is innate; most of us easily understand images without thinking. But arriving at mutually agreeable understandings of images is also difficult. Translating images into shared words leads to multiple problems inherent in translation and that pose problems for justice. Despite our saturated imagistic culture, we have not established methods to pursue that translation process with confidence. This article explains how images are intuitively understood and yet collectively inscrutable, posing unique problems for resolving legal conflicts that demand common and ...


A Contrarian View Of Copyright: Hip-Hop, Sampling, And Semiotic Democracy, Thomas Joo Dec 2011

A Contrarian View Of Copyright: Hip-Hop, Sampling, And Semiotic Democracy, Thomas Joo

Thomas W Joo

A dominant trend in intellectual property (IP) theory asserts that technologies such as digital copying enable individuals to resist the cultural dominance of the media industry. Under this view, individuals appropriate cultural material and “recode” it by assigning alternative meanings to it. By enabling more people to participate in the making of cultural meanings, recoding supposedly enhances “semiotic democracy.” IP theorists tend to argue that copyright law inhibits recoding, thus stifling semiotic democracy. The use of sampling in hip-hop music is frequently cited as a paradigmatic example of recoding that has been stifled by IP law.

This paper uses history ...


The Rise And Fall Of The Miranda Warnings In Popular Culture, Ronald Steiner, Rebecca Bauer, Rohit Talwar Jan 2011

The Rise And Fall Of The Miranda Warnings In Popular Culture, Ronald Steiner, Rebecca Bauer, Rohit Talwar

Cleveland State Law Review

While Dickerson's rationale is certainly correct in presuming that those over thirty have already learned about the Miranda warning from decades of television, younger generations only have today's Miranda-less programming on which to form their assumptions about law enforcement. Miranda can still be found on television, but its presence has severely diminished over the years. If this trend continues, how will America's current youth internalize the Miranda warning in the way older generations have? Near-universal awareness of Miranda is an artifact of a shared popular culture in which the repetition of the warnings was pervasive and inescapable ...


The Judge As Author / The Author As Judge, Ryan B. Witte Oct 2010

The Judge As Author / The Author As Judge, Ryan B. Witte

Golden Gate University Law Review

The first section of this Article discusses the judge as an author. This section begins with an examination of the audience for judicial opinions and an outline of the different styles of judicial opinion writing. The second section of this Article examines the advantages and disadvantages of using literary tools to advance the law. The third section of this Article explores the role of the author as a judge. This section will study a small number of judges who, in addition to the law, maintain outside lives as authors or creative writers. Judges who fit into this category include authors ...


Sex Education And Rape, Michelle J. Anderson Jan 2010

Sex Education And Rape, Michelle J. Anderson

Michigan Journal of Gender & Law

In the law of rape, consent has been and remains a gendered concept. Consent presumes female acquiescence to male sexual initiation. It presumes a man desires to penetrate a woman sexually. It presumes the woman willingly yields to the man's desires. It does not presume, and of course does not require, female sexual desire. Consent is what the law calls it when he advances and she does not put up a fight. I have argued elsewhere that the kind of thin consent that the law focuses on is not enough ethically and it should not be enough legally to ...


Rethinking Consent In A Big Love Way, Cheryl Hanna Jan 2010

Rethinking Consent In A Big Love Way, Cheryl Hanna

Michigan Journal of Gender & Law

This Article is based on a presentation at the Michigan Journal of Gender and Law as part of their symposium "Rhetoric & Relevance: An Investigation into the Present & Future of Feminist Legal Theory." In it, I explore the problem of categorical exclusions to the consent doctrine in private intimate relationships through the lens of the HBO series Big Love, which is about modern polygamy. There remains the normative question both after Lawrence v. Texas and in feminist legal theory of under what circumstances individuals should be able to consent to activity that takes place within the context of a private, intimate relationship. The tensions between individual autonomy and state interests are beautifully explored in Big Love. Drawing on themes presented in the series, this Article asks if there is any principled way to make the distinction between those relationships in which there is some physical or psychological harm inflicted and those in which the state has proscribed a relationship because of some moral or social harm it allegedly causes. Four case studies are presented to prompt readers to try to answer the question of when consent should be a defense to otherwise proscribed activity. I conclude that the future of feminist legal theory depends on its ability to remain ambivalent about the tensions presented in the consent doctrine as applied to contexts such as polygamy, prostitution, sadomasochistic sex, obscenity, and domestic violence. Big Love seeks to persuade us to accept ambivalence and to be open to changing our minds because of the complicated nature of women's (and men's) lives; feminist legal theory ought to persuade us to do the same.


Where Have All The (Legal) Stories Gone?, Nancy B. Rapoport Oct 2009

Where Have All The (Legal) Stories Gone?, Nancy B. Rapoport

Scholarly Works

This essay examines whether law schools are doing a good job of teaching the art of storytelling to law students.


Honey, You're No June Cleaver: The Power Of "Dropping Pop" To Persuade, Victoria S. Salzmann Apr 2009

Honey, You're No June Cleaver: The Power Of "Dropping Pop" To Persuade, Victoria S. Salzmann

Victoria S. Salzmann

Imagine a contentious child-custody hearing in which the husband is testifying about his wife’s behavior. If he were to state “She is no June Cleaver,” that testimony would have an immediate impact upon those present. Most people would understand that the husband was making a reference to Mrs. Ward Cleaver, the pearl-clad mother figure from the popular 1950s television show Leave it to Beaver. But the reference does more than simply call to mind 1950s television. It is a vivid popular-culture allusion that immediately taps into the psyche of anyone familiar with the show. It tells the listener that ...


A 'Ho New World: Raced And Gendered Insult As Ersatz Carnival And The Corruption Of Freedom Of Expression Norms, Lolita Buckner Inniss Jan 2009

A 'Ho New World: Raced And Gendered Insult As Ersatz Carnival And The Corruption Of Freedom Of Expression Norms, Lolita Buckner Inniss

Articles

Carnivalization, a concept developed by literary theorist Mikhail Bakhtin and later employed in broad social and cultural contexts, is the tearing down of social norms, the elimination of boundaries, and the inversion of established hierarchies. It is the world turned upside down. Ersatz carnival is a pernicious, inverted form of carnival, one wherein counter-discourses propounded by outsiders are appropriated by elites and frequently redeployed to silence and exclude those same outsiders. The use of the slur "'ho" by gangsta' rappers in the performance of songs that articulate a vision of urban culture is an example of carnivalization. Thus, when words ...


Law And Popular Culture: Examples From Colombian Slang And Spanish-Language Radio In U.S., Ernesto A. Hernandez-Lopez Dec 2008

Law And Popular Culture: Examples From Colombian Slang And Spanish-Language Radio In U.S., Ernesto A. Hernandez-Lopez

Ernesto A. Hernandez

This article argues that critical analysis of popular culture themes benefits legal scholarship by providing distinct cross-border perspectives and illuminating popular resistance efforts to hegemonic forces. This examination occurs in an Inter-American context, characterized by a south-north dynamic and migration's transnational influence. In these dynamics, there is significant popular resistance and anti-subordination to hegemonic forces. Legal scholarship often overlooks this by focusing on formal legal texts and processes. This resistance is visible within popular culture, as part of ¿hidden transcripts.¿ This article makes two claims about popular culture's relevance, one methodological/theoretical claim and one substantive claim. First ...


Law And Popular Culture: Examples From Colombian Slang And Spanish-Language Radio In The U.S., Ernesto A. Hernandez-Lopez Dec 2008

Law And Popular Culture: Examples From Colombian Slang And Spanish-Language Radio In The U.S., Ernesto A. Hernandez-Lopez

Ernesto A. Hernandez

This article argues that critical analysis of popular culture themes benefits legal scholarship by providing distinct cross-border perspectives and illuminating popular resistance efforts to hegemonic forces. This examination occurs in an Inter-American context, characterized by a south-north dynamic and migration's transnational influence. In these dynamics, there is significant popular resistance and anti-subordination to hegemonic forces. Legal scholarship often overlooks this by focusing on formal legal texts and processes. This resistance is visible within popular culture, as part of ¿hidden transcripts.¿

This article makes two claims about popular culture's relevance, one methodological/theoretical claim and one substantive claim. First ...


Scandal, Sukyandaru, And Chouwen, Benjamin L. Liebman Apr 2008

Scandal, Sukyandaru, And Chouwen, Benjamin L. Liebman

Michigan Law Review

This Review proceeds in four parts. Part I describes West's account of scandal in Japan and the United States and explores some of the ramifications of his account. Part II examines the formation of scandal in contemporary China. Part III compares scandal in China with West's conclusions about scandal in Japan and the United States. Part IV discusses defamation litigation in China, with a view to adding further comparative insight to West's discussion of Japanese libel suits.


When Disability Isn't "Just Right": The Entrenchment Of The Medical Model Of Disability And The Goldilocks Dilemma, Bradley A. Areheart Jan 2008

When Disability Isn't "Just Right": The Entrenchment Of The Medical Model Of Disability And The Goldilocks Dilemma, Bradley A. Areheart

Indiana Law Journal

No abstract provided.


Truth Tales And Trial Films, Jessica M. Silbey Dec 2007

Truth Tales And Trial Films, Jessica M. Silbey

Jessica Silbey

Investigations into law and popular culture preoccupy themselves with understanding how law and popular cultural forms work together to challenge or sustain community structures, identity and power. It is inevitable at this point in our cultural history that law and popular culture are intertwined.2 There are too many television shows, films, popular novels and web-based entertainment to withdraw “the law” (whatever that is) from the domain of popular culture. This article takes as a given the intermixing of law and popular culture, embracing it as a new feature of our popular legal consciousness. I suggest that one result of ...


A History Of Representations Of Justice: Coincident Preoccupations Of Law And Film, Jessica M. Silbey Dec 2007

A History Of Representations Of Justice: Coincident Preoccupations Of Law And Film, Jessica M. Silbey

Jessica Silbey

The American trial and the art of cinema share certain epistemological tendencies. Both stake claims to an authoritative form of knowledge based on the indubitable quality of observable phenomena. Both are preoccupied (sometimes to the point of self-defeat) with sustaining the authority that underlies the knowledge produced by visual perception. The American trial and art of cinema also increasingly share cultural space. Although the trial film (otherwise known as the courtroom drama) is as old as the medium of film the recent spate of popular trial films, be they fictional such as Runaway Jury or documentary such as Capturing the ...


“To Boldly Go Where No One Has (Arbitrated) Before”:The Star Trek Mythos As An Heuristic Paradigm For Jurisdictional And Arbitration Issues, Antonin I. Pribetic Jan 2007

“To Boldly Go Where No One Has (Arbitrated) Before”:The Star Trek Mythos As An Heuristic Paradigm For Jurisdictional And Arbitration Issues, Antonin I. Pribetic

Antonin I. Pribetic

While the topic of international arbitration has failed to capture the interest of Hollywood producers or television audiences, the science fiction genre yields a serendipitous result. Using an excerpt from a Star Trek: The Next Generation episode, this brief comment analyzes the impact of law and popular culture on the issues of the rule of law, jurisdiction and international (more accurately, "intergalactic") comity within the context of bilateral and multilateral treaty obligations.


A Study Of Juror Expectations And Demands Concerning Scientific Evidence: Does The "Csi Effect" Exist?, Hon. Donald E. Shelton, Young S. Kim, Gregg Barak Jan 2006

A Study Of Juror Expectations And Demands Concerning Scientific Evidence: Does The "Csi Effect" Exist?, Hon. Donald E. Shelton, Young S. Kim, Gregg Barak

Vanderbilt Journal of Entertainment & Technology Law

This article is the first empirical study of jurors designed to investigate the existence and extent of the "CSI effect." The authors conducted a survey of 1027 persons who had been called for jury duty in a Michigan state court during a nine-week period in June, July and August, 2006. This survey examined the summoned jurors' demographic information, television viewing habits, their expectations that the prosecutor would produce scientific evidence and whether they would demand scientific evidence as a condition of a guilty verdict.

This study of juror expectations and demands about scientific evidence in relationship to other types of ...


Filmmaking In The Precinct House And The Genre Of Documentary Film, Jessica Silbey Jan 2006

Filmmaking In The Precinct House And The Genre Of Documentary Film, Jessica Silbey

Faculty Scholarship

This Article explores side-by-side two contemporary and related film trends: the recent popular enthusiasm over the previously arty documentary film and the mandatory filming of custodial interrogations and confessions.

The history and criticism of documentary film, indeed contemporary movie-going, understands the documentary genre as political and social advocacy (recent examples are Michael Moore's Farenheit 9/11 and Errol Morris's Fog of War). Judges, advocates, and legislatures, however, assume that films of custodial interrogations and confessions reveal a truth and lack a distorting point of view. As this Article explains, the trend at law, although aimed at furthering venerable ...