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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

The Present of Newsworthiness

Amy Gajda, Tulane University - Law School

Media Exposure and Racialized Perceptions of Inequities in Criminal Justice

Valerie L. Wright, Department of Criminology, Anthropology, & Sociology
Isaac Unah, Political Science, University of North Carolina (UNC) Chapel Hill

Consumers or Citizens? How the 4th Industrial Revolution Can Help People Change Law and Policy

Alberto Alemanno, HEC Paris

Keeping Internet Users in the Know or in the Dark: An Analysis of the Data Privacy Transparency of Canadian Internet Carriers

Andrew Clement, University of Toronto - Faculty of Information
Jonathan A. Obar, York University, Quello Center - Michigan State University

Political Control Over Public Communications by Government Scientists

Cass R. Sunstein, Harvard Law School, Harvard University - Harvard Kennedy School (HKS)
Lisa Randall, Harvard University - Department of Physics


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

"The Present of Newsworthiness" Free Download
New England Law Review, Vol. 50, p. 145, 2016
Tulane Public Law Research Paper

AMY GAJDA, Tulane University - Law School
Email:

In early February 2016, less than a week before this Book Symposium, the Utah Supreme Court decided that the photographic results of a woman’s plastic surgery were not necessarily newsworthy. The decision may seem inconsequential at first. The plaintiff had an abdominoplasty and breast augmentation and agreed that photos be taken “for medical, scientific or educational purposes.? Fox News later aired partially redacted photographs of her nude body and post-operative state in a news story about the benefits and risks of plastic surgery. The plaintiff settled with Fox, but filed a privacy-based lawsuit against her plastic surgeon. The Utah Supreme Court heard the case after a trial court dismissal and decided That the plaintiff’s privacy tort claims should continue. As regarding publication of private facts, the tort most relevant to this Symposium Paper, the court decided for the first time that such claims should include a newsworthiness element and defined the element in line with the Restatement (Second) of Torts. News, the court wrote, “is a concept that has essentially been defined by traditional publishers and broadcasters, ‘in accordance with the mores of the community.’? Therefore, in Utah, if a truthful news item is newsworthy, but privacy-invading, the newsworthiness of the information can trump the plaintiff’s privacy interests.

"Media Exposure and Racialized Perceptions of Inequities in Criminal Justice" Free Download
Social Sciences, Vol. 6 (#3):1-22

VALERIE L. WRIGHT, Department of Criminology, Anthropology, & Sociology
Email:
ISAAC UNAH, Political Science, University of North Carolina (UNC) Chapel Hill
Email:

Does media exposure to salient criminological events exacerbate racialized perceptions of injustice? We examine whether closely following media coverage of the fatal encounter of George Zimmerman’s shooting of Trayvon Martin moderates racial and ethnic differences in opinion surrounding the event and the U.S. criminal justice system. Our analysis addresses several key aspects of the case: Whether Zimmerman would have been arrested sooner if Martin had been white, whether respondents felt Zimmerman’s acquittal was justified, and whether there is racial bias against African Americans in the criminal justice system. Relying on a national opinion survey before and after Zimmerman’s trial verdict, our findings support the racial gradient thesis by demonstrating that sustained exposure to racialized framing of the incident in the media affects Hispanics the most and hardens entrenched attitudes among African Americans relative to whites. The analysis supports the continuing relevance of the mass media in attitude formation.

"Consumers or Citizens? How the 4th Industrial Revolution Can Help People Change Law and Policy" Free Download
Policy Choices for a Digital Age: Taking a Whole Economy, Whole Society Approach, Discussion Paper, Friends of Europe, Brussels, June 2017

ALBERTO ALEMANNO, HEC Paris
Email:

Digital technology has already created more opportunities for more people than any technological change since the printing press. Google, Facebook, Twitter, Snapchat, Instagram and Tumblr are radically changing how ideas spread, how they influence others, and how they create networks and communities of change. As a result, today businesses and governments have ever more data about us, and know how to use it. But we citizens know next to nothing about what they are doing with it. This imbalance of information control and use is not only an issue of power, but also one of rights and dignity. The ability to control individuals through the use of technology risks deepening our unprecedented social inequalities.

This article proposes a new framework of strategic activism that aims to create reputational damage by destabilising public confidence in targeted companies. It draws on 'Lobbying for Change: Find Your Voice to Create a Better Society', Icon, 2017.

"Keeping Internet Users in the Know or in the Dark: An Analysis of the Data Privacy Transparency of Canadian Internet Carriers" Free Download
Clement, A. and Obar, J. A. (2016). Keeping internet users in the know or in the dark: An analysis of the data privacy transparency of Canadian internet carriers. Journal of Information Policy, 6(1), 294-331.

ANDREW CLEMENT, University of Toronto - Faculty of Information
Email:
JONATHAN A. OBAR, York University, Quello Center - Michigan State University
Email:

In the wake of Snowden’s revelations about National Security Agency (NSA) surveillance, demands that Internet carriers be more forthcoming about their handling of personal information have intensified. Responding to this concern, this report evaluates the data privacy transparency of forty-three Internet carriers serving the Canadian public. Carriers are awarded up to ten stars based on the public availability of information satisfying ten transparency criteria. Carriers earn few stars overall, just 92.5 out of 430, an average of two of ten possible stars. A variety of policy recommendations are provided to encourage and guide further data privacy transparency efforts in Canada as well as around the world.

"Political Control Over Public Communications by Government Scientists" Free Download

CASS R. SUNSTEIN, Harvard Law School, Harvard University - Harvard Kennedy School (HKS)
Email:
LISA RANDALL, Harvard University - Department of Physics
Email:

In recent years, there has been a great deal of controversy over political control of communications by government scientists. Legitimate interests can be found on both sides of the equation. This essay argues for adoption and implementation of a framework that accommodates those interests—a framework that allows advance notice to political officials, including the White House, without hindering the free flow of scientific information.

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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

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 - 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