Announcements

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/.



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

"Law in the Flesh: Tracing Legitimation's Origin to 'The Act of Killing'" Free Download
No Foundations: An Interdisciplinary Journal of Law and Justice, No. 11, June 2014
NYLS Legal Studies Research Paper

RICHARD K. SHERWIN, New York Law School
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The founding moment of political and legal investiture haunts the baroque and neo-baroque mind, from Shakespeare’s 'Hamlet' to Joshua Oppenheimer’s highly unsettling film, 'The Act of Killing' (2012). In the former, Hamlet finds the resources to act in the face of injustice; in so doing he precipitates a transformative political event that renews the rightful basis for state legitimacy. In 'The Act of Killing', by contrast, restless stasis remains unaltered from beginning to end. It is a state of affairs well suited to contemporary neo-baroque conditions – a time of distracted paralysis, when the availability of the cultural and psychological resources needed to go beyond terror and its purgatorial aftermath remains uncertain.

The exploration of post-secular possibilities requires new experiential sources, new interpretive and critical methods, and new interdisciplinary alliances. Phenomenology, psycho-theology, political theology, and visual jurisprudence are just some of the emerging categories (or perhaps re-emergent fields) that present themselves to us for further consideration.

"The CEO and the Hydraulics of Campaign Finance Deregulation" Free Download
Northwestern University Law Review, Vol. 109, p. 27, 2014

SARAH C. HAAN, University of Idaho College of Law
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This Essay assesses what the Supreme Court's evolving campaign finance jurisprudence could mean for business executives, who continue to be among the most active campaign contributors, and for politically-motivated consumers. It argues that voters increasingly view their consumer activities, not their campaign contributions, as the most meaningful way to participate in politics. It points to the downfall of Mozilla’s Brendan Eich in April, and to a recent wave of politically-motivated boycotts of companies, as evidence that this practice will have a meaningful impact on campaign finance disclosure and, more broadly, on democratic participation. With some on the Court eager to expand campaign finance disclosure exemptions for “economic reprisal,? this Essay concludes that the Court should treat money as speech not only when wealthy individuals donate to political candidates, but also when consumers spend money at the cash register. The politicization of retail markets means that business leaders are unlikely to respond to McCutcheon v. FEC by embracing transparency with their campaign donations, and also suggests that campaign finance deregulation is causing hydraulic effects that the Court has failed to anticipate.

"The Slippery Slope of Material Support Prosecutions: Social Media Support to Terrorists" Free Download
Hastings Law Journal, Vol. 66, No. 1, 2014

EMILY GOLDBERG KNOX, Hastings Law Journal
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On September 21, 2013, a group of al-Shabaab gunmen attacked the Westgate Shopping Mall in Nairobi, Kenya, killing nearly seventy civilians. Al-Shabaab’s media wing, HSM Press, launched a public relations campaign on Twitter claiming responsibility for the attack, posting live information and pictures, and taunting Kenyan and global security forces with threats of future action. More recently, ISIS' social media campaign has drawn much international attention. This Note discusses whether the U.S. government could successfully pursue material support to terrorist charges against social media companies for allowing designated foreign terrorist organizations to use their services and if so, the constitutional and policy implications.

"Media as the Fourth Estate of Democracy" Free Download

PRABHAT RANJAN, Christ University School of Law
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SINDHUJA KASHYAP, Christ University School of Law
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The power and significance of media in democratic society is world renowned. Though media and press have a persuasive authority yet its’ real ability is not a secret to the world. The existence of a free, independent and powerful media is the cornerstone of a democracy, especially of a highly mixed society like India. The pivotal role of the media is its ability to mobilize the thinking process of millions. Technically a democracy stands on the pillars of judiciary, executive and legislature. But with the rise of the press and its power to reach every nook and corner of the state it can also be considered as the fourth pillar of a democracy.

In this paper the authors have presented the impact of press on the Indian democracy and Indian constitution and have tried to answer that whether considering press as fourth estate of democracy is correct. The authors here have tried to answer the above question in two parts. Firstly, by analyzing the historical evolvement of press from an ordinary means of mass communication to an instrument of revolution in democracy. Focus in this section would be on the role played by media in various fields especially in a heterogeneous society like India.

Secondly, by studying the impact of press on the judiciary and till what extent press effects the constitution of India. This section analyzes the role of media on judicial trials and presenting new problems which need to be legally regulated.

Finally the authors have concluded the article by answering the above raised questions. Here the authors have firstly answered whether press should be considered as the fourth estate of democracy or not and secondly what type of effect press puts on Indian democracy and Indian constitution.

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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.

Submissions

To submit your research to SSRN, sign in to the SSRN User HeadQuarters, click the My Papers link on left menu and then the Start New Submission button at top of page.

Distribution Services

If your organization is interested in increasing readership for its research by starting a Research Paper Series, or sponsoring a Subject Matter eJournal, please email: RPS@SSRN.com

Distributed by

Legal Scholarship Network (LSN), a division of Social Science Electronic Publishing (SSEP) and Social Science Research Network (SSRN)

Directors

LSN SUBJECT MATTER EJOURNALS

BERNARD S. BLACK
Northwestern University - 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