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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/. |
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LAW, POLITICS & THE MEDIA ABSTRACTS
Sponsored by Institute for the Study of the Judiciary,
Politics, and the Media (IJPM) at Syracuse University
"Art and Freedom of Speech" 
University of Illinois Press, 2009
U Iowa Legal Studies Research Paper No. 09-38
RANDALL P. BEZANSON, University of Iowa College of Law
Email: randy-bezanson@uiowa.edu
This book analyzes the broad range of Supreme Court cases that concern the protection of art and free speech under the First Amendment. Finding that debates about free expression (whether in speech or art) swirl around sex and cultural blasphemy, the work tracks and interprets the Court's decisions on film, nude dancing, music, painting, and other visual expressions.
The book draws on settings as diverse as homosexuality in the Boy Scouts, gay and lesbian parade floats, 2 Live Crew's alleged copyright infringement, National Endowment for the Arts grants and diversity, dangerous art, and screenings of the film Carnal Knowledge. In considering the transformative meaning of art, the importance of community judgments, and the definition of speech in Court rulings, the book focuses on the fundamental questions underlying the discussion of art as protected free speech: What are the boundaries of art? What are the limits on the government's role as supporter and "patron" of the arts? And what role, if any, may core social values of decency, respect, and equality play in limiting the production or distribution of art?
Art and Freedom of Speech explores these questions and concludes with the argument that, for legal purposes, art should be absolutely free under the First Amendment - in fact, even more free than other forms of speech.
"Down the Rabbit Hole: The Madness of State Film Incentives as a 'Solution' to Runaway Production"
ADRIAN H. MCDONALD, South Texas College of Law
Email: adrianmcdonald@hotmail.com
This working paper is a "sequel" to my first law review article on runaway productions called "Through the Looking Glass": Runaway Productions and "Hollywood Economics," published in The University of Pennsylvania Journal of Labor and Employment Law in August 2007.
Since 2007, there has been a race to the bottom as virtually every state has enacted significant, if not detrimentally generous, tax incentives to lure film and television production. The efficacy of these incentives is evaluated at length, with particular attention paid to the origin and implementation of tax incentives in California, Massachusetts and Louisiana - states with colorful backgrounds on this issue. The paper suggests that the current "solution" to the runaway production problem (competing state incentives) is counter-productive to the point of becoming the problem and calls for the enactment of a single national tax incentive for the entire nation to better compete with foreign production locales like Canada.
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Solicitation of Abstracts
Legal systems operate in a complex environment of principle, political pressure, and media coverage. The goal of the Law, Politics, and the Media subject journal is to publish abstracts of working papers and articles that promote a more integrated understanding of law, courts, and their environment. To this end, the journal seeks scholarship that addresses any combination of legal, political, and media-related themes in the analysis of legal institutions, beliefs, and practices. The journal 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.
To submit your research to SSRN, log in to the SSRN User HeadQuarters, and click on the My Papers link on the left menu, and then click on Start New Submission at the top of the page.
Distribution ServicesIf 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 A. MITCHELL POLINSKY
Stanford Law School, National Bureau of Economic Research (NBER)
Email: polinsky@stanford.edu
BERNARD S. BLACK
University of Texas at Austin - School of Law, McCombs School of Business, University of Texas at Austin, European Corporate Governance Institute (ECGI), Northwestern University - School of Law, Northwestern University - Kellogg School of Management
Email: bblack@law.utexas.edu
RONALD J. GILSON
Stanford Law School, Columbia Law School
Email: rgilson@leland.stanford.edu
Please contact us at the above addresses with your comments, questions or suggestions for LSN-Sub.
Advisory BoardLaw, Politics & the Media 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 |
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