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The Institute for the Study of the Judiciary, Politics, and the Media (IJPM) is a collaborative effort between Syracuse University's College of Law, Maxwell School of Citizenship and Public Affairs, and S.I. Newhouse School of Public Communications. IJPM is devoted to the interdisciplinary study of issues at the intersection of law, politics, and the media. The institute sponsors lectures, conferences, and symposia designed to foster discussion and debate between legal scholars, sitting judges, and working journalists. The institute provides research grants and seed money for scholars pursuing law-oriented projects that cut across traditional academic boundaries. The institute also oversees a cross-disciplinary graduate certificate program organized around a team-taught course offerings. To learn more about IJPM and its activities, please visit http://jpm.syr.edu/.


Table of Contents

No Free Lunch, But Dinner and a Movie (and Contraceptives for Dessert)?

John C. Eastman, Chapman University, The Dale E. Fowler School of Law, Claremont Institute Center for Constitutional Jurisprudence

How Should Australia Respond to Media-Publicised Developments on Euthanasia in Belgium?

Neera Bhatia, Deakin University, Geelong, Australia - Deakin Law School
Ben White, Queensland University of Technology - Australian Center for Health Law Research
Luc Deliens, Free University of Brussels (VUB)

Media Guidelines for the Responsible Reporting of Violence Against Women: A Review of Evidence and Issues

Georgina Ann Sutherland, University of Melbourne - School of Population Health
Angus McCormack, University of Melbourne
Patricia L. Easteal, University of Canberra - School of Law and Justice
Kate Holland, University of Canberra - Faculty of Arts and Design
Jane Pirkis, University of Melbourne - School of Population Health

Freedom of Information and the Media

Ben Worthy, University of London - Birkbeck College

The Leniency Thriller as a New Film Genre. The Use of Dramatised Deterrence Films in Cartel Enforcement

Judith van Erp, Utrecht University - Utrecht School of Governance

How American Media Serves as a Transmission Belt for Wars of Choice

James George Jatras, Independent


LAW, POLITICS & THE MEDIA eJOURNAL
Sponsored by Institute for the Study of the Judiciary,
Politics, and the Media (IJPM) at Syracuse University

"No Free Lunch, But Dinner and a Movie (and Contraceptives for Dessert)?" Free Download
John C. Eastman, No Free Lunch, but Dinner and a Movie (And Contraceptives for Dessert)?, 10 N.Y.U. J. L. & LIBERTY 282 (2016).
Chapman University, Fowler Law Research Paper No. 16-08

JOHN C. EASTMAN, Chapman University, The Dale E. Fowler School of Law, Claremont Institute Center for Constitutional Jurisprudence
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The Hobby Lobby decision incited a wave of vitriolic responses, but it is important to understand what the Court actually held before assessing whether such a response was warranted. After reviewing the circumstances leading to the Patient Protection and Affordable Care Act and its accompanying regulations, it is clear that the Court’s legal analysis was correct. Exploring the criticisms from the media and the legal academy in light of that fact reveals the current dispute in the United States over the very nature and purpose of government. In addition scholars and citizens should note the several questions left unaddressed in the litigation, including whether the contraceptive mandate regulations were even authorized by the Affordable Care Act or instead represent the kind of administrative overreach of which the Supreme Court has begun to take note.

"How Should Australia Respond to Media-Publicised Developments on Euthanasia in Belgium?" Free Download
Journal of Law and Medicine, Vol. 23, p. 835, 2016
Deakin Law School Research Paper No. 16-34

NEERA BHATIA, Deakin University, Geelong, Australia - Deakin Law School
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BEN WHITE, Queensland University of Technology - Australian Center for Health Law Research
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LUC DELIENS, Free University of Brussels (VUB)
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This article considers the implications that recent euthanasia developments in Belgium might have for the Australian debate on assisted dying. Through media database and internet searches, four significant developments in Belgium were identified: three cases involving individuals who requested access to euthanasia, and recent changes to the Belgian Act on Euthanasia 2002, allowing children access to euthanasia. The article outlines these developments and then examines how they have been discussed in Australia by the different sides of the euthanasia debate. It concludes that these developments are important considerations that legislators and policy-makers in Australia should engage with, but argues that that engagement must be rational and also informed by the significant evidence base that is now available on how the Belgian (and other) assisted dying regimes operate in practice.

"Media Guidelines for the Responsible Reporting of Violence Against Women: A Review of Evidence and Issues" Free Download
Georgina Sutherland, Angus McCormack, Patricia Easteal, Kate Holland and Jane Pirkis (2016) Guidelines for Reporting on Violence Against Women in the News Media. Australian Journalism Review 38(1): 5-17.

GEORGINA ANN SUTHERLAND, University of Melbourne - School of Population Health
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ANGUS MCCORMACK, University of Melbourne
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PATRICIA L. EASTEAL, University of Canberra - School of Law and Justice
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KATE HOLLAND, University of Canberra - Faculty of Arts and Design
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JANE PIRKIS, University of Melbourne - School of Population Health
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Violence against women is a global public health problem. There is growing international interest in how to prevent this pervasive human rights violation. It is within this context that the media – a dominant force in shaping the discourse on matters of public importance – is seen to play a crucial role. This paper considers the expanding body of evidence concerning portrayals of violence against women in the news media. We then review the content of a selection of international media reporting guidelines developed to address such concerns. We demonstrate that despite similarities in content, much less is known about processes by which the guidelines have been developed and disseminated. There is only one study in the peer-reviewed literature examining the impact of media reporting guidelines on journalism practice. In the light of the dearth of research and evaluation activities, we consider issues around future efforts in this area.

"Freedom of Information and the Media" Free Download

BEN WORTHY, University of London - Birkbeck College
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The media are a powerful constituency of users, lobbyists and defenders of Freedom of Information (FOI) laws. This chapter examines how journalists use the laws in the UK and work to protect and extend it. It also looks at how media use is seen to damage trust in the political system and can generate resistance from government. It ends by arguing that FOI must be viewed in context and now fits within a rapidly changing information eco-system and a shifting and hybrid media environment.

"The Leniency Thriller as a New Film Genre. The Use of Dramatised Deterrence Films in Cartel Enforcement" Free Download

JUDITH VAN ERP, Utrecht University - Utrecht School of Governance
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This paper directs the ‘visual turn’ in criminology to corporate crime, a topic that has been understudied by cultural criminologists. A recent trend of white collar crime movies suggests that film can compellingly critique economic crime and unethical business cultures. This paper studies how law enforcement agencies, in particular competition authorities have connected with this trend by introducing ‘leniency thrillers’ in their communicative strategy: realistic docudramas in which fictional cartels are exposed and punished. These films’ narratives about cartel enforcement are reconstructed by studying how the films portray cartels, perpetrators and their motives, and the regulator. An analysis of four films produced in four jurisdictions demonstrates that the films deter only to the extent that the local legal and political-economic context allows: the British film reflects that country’s neoliberal ‘pro-business’ climate, while the Swedish film depicts businesses as socially responsible; and the Dutch film is pragmatic rather than moralistic. Only the Australian film is explicitly punitive in its narrative as well as its imaginary, and exemplifies the persuasive potential of film in enforcement.

"How American Media Serves as a Transmission Belt for Wars of Choice" Free Download

JAMES GEORGE JATRAS, Independent
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With the end of the U.S-Soviet Cold War in 1991 a fundamental shift occurred in global behavior of the United States with respect to “wars of choice? unconnected to vital national security interests. Parallel with that shift, American media increasingly have operated uncritically in conjunction with the bipartisan Washington political establishment to “sell? such wars to the American public. Among the key features of such cooperation discernable in successive conflicts are deficiency of geographic and historical knowledge as the American norm (the less people know the more likely they are to believe what they are told, with the least informed most persuaded of the need to “do something?); reliance on government sources, “ventriloquism,? and “information incest? (unknown to the public, much media “information? comes from government sources); centralized corporate ownership (official policy imperatives interface with ratings dollars for six giant corporate conglomerates); “para-journalism,? “infotainment,? and “atrocity porn? as a war trigger (atrocities appear seemingly on cue and then receive saturation coverage); demonization “Hitler? memes and “weaponization? of media (compromise and negotiation have no role in confronting absolute evil: war is the default option); America and the “international community,? the “Free World,? and American “exceptionalism? and “leadership?; disregarding “alternative? media, American samizdat (accurate information is available in “alternative? media, but the major still decide if it exists or not); “we never make mistakes,? “stay the course,? and “MoveOn-ism? (U.S. policy has no rearview mirror; authors of past blunders are not discredited, while those who said “tolya so? are ignored). In turn, media themselves are an integral part of a multifaceted, hybrid public-private entity with broad range and depth. Variously known as the Establishment, the Oligarchy, or the Deep State, this entity includes elements within all three branches of the U.S. government (especially in the military, intelligence, and financial sectors), private business (the financial industry, government contractors, information technology), think tanks, NGOs, the “Demintern,? both political parties and campaign operatives, and an army of lobbyists and PR professionals. Looking into the future in light of 2016 anti-Establishment challenges from Donald Trump and Bernie Sanders, the shortcomings of Barack Obama’s policies in Libya, Syria, and Ukraine on top of those of George W. Bush in Iraq and Afghanistan, shrinkage of the American Middle Class, and increasing public skepticism of the “MSM? in favor of digital “alternative media,? both the Washington-based oligarchy and its media component show signs of losing their grip. The possibility exists for a peaceful evolution to a less warlike posture (impacting media as well) that would refocus on America’s domestic needs. Alternatively, the existing order could risk a major war in a desperate bid to save its wealth, power, and privileges – with unforeseeable consequences for America and the world.

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About this eJournal

Sponsored by: Institute for the Study of the Judiciary, Politics, and the Media (IJPM) at Syracuse University.


Legal systems operate in a complex environment of principle, political pressure, and media coverage. The goal of the Law, Politics, and the Media subject eJournal is to distribute abstracts of working papers and articles that promote a more integrated understanding of law, courts, and their environment. To this end, the eJournal seeks scholarship that addresses any combination of legal, political, and media-related themes in the analysis of legal institutions, beliefs, and practices. The eJournal is open to work from the social sciences, the humanities, and the legal academy. Papers and articles that focus on the United States, as well as scholarship that is comparative or international in scope, are welcome.

Editor: Keith James Bybee, Syracuse University

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Directors

LSN SUBJECT MATTER EJOURNALS

BERNARD S. BLACK
Northwestern University - Pritzker School of Law, Northwestern University - Kellogg School of Management, European Corporate Governance Institute (ECGI)
Email: bblack@northwestern.edu

RONALD J. GILSON
Stanford Law School, Columbia Law School, European Corporate Governance Institute (ECGI)
Email: rgilson@leland.stanford.edu

Please contact us at the above addresses with your comments, questions or suggestions for LSN-Sub.

Advisory Board

Law, Politics & the Media eJournal

LYLE DENNISTON
Reporter, SCOTUSblog

CHARLES G. GEYH
John F. Kimberling Professor of Law, Indiana University School of Law-Bloomington

TONY MAURO
Supreme Court Correspondent, Legal Times/Incisive Media

MICHAEL MCCANN
Gordon Hirabayashi Professor for Advancement of Citizenship; Director, Comparative Law and Society Studies (CLASS) Center, University of Washington - Department of Political Science

AUSTIN SARAT
William Nelson Cromwell Professor of Jurisprudence & Political Science, Amherst College