Newsworthy

Author: Samantha Barbas
Publisher: Stanford University Press
ISBN: 9781503600836
Release Date: 2017-01-18
Genre: Law

In 1952, the Hill family was held hostage by escaped convicts in their suburban Pennsylvania home. The family of seven was trapped for nineteen hours by three fugitives who treated them politely, took their clothes and car, and left them unharmed. The Hills quickly became the subject of international media coverage. Public interest eventually died out, and the Hills went back to their ordinary, obscure lives. Until, a few years later, the Hills were once again unwillingly thrust into the spotlight by the media—with a best-selling novel loosely based on their ordeal, a play, a big-budget Hollywood adaptation starring Humphrey Bogart, and an article in Life magazine. Newsworthy is the story of their story, the media firestorm that ensued, and their legal fight to end unwanted, embarrassing, distorted public exposure that ended in personal tragedy. This story led to an important 1967 Supreme Court decision—Time, Inc. v. Hill—that still influences our approach to privacy and freedom of the press. Newsworthy draws on personal interviews, unexplored legal records, and archival material, including the papers and correspondence of Richard Nixon (who, prior to his presidency, was a Wall Street lawyer and argued the Hill family's case before the Supreme Court), Leonard Garment, Joseph Hayes, Earl Warren, Hugo Black, William Douglas, and Abe Fortas. Samantha Barbas explores the legal, cultural, and political wars waged around this seminal privacy and First Amendment case. This is a story of how American law and culture struggled to define and reconcile the right of privacy and the rights of the press at a critical point in history—when the news media were at the peak of their authority and when cultural and political exigencies pushed free expression rights to the forefront of social debate. Newsworthy weaves together a fascinating account of the rise of big media in America and the public's complex, ongoing love-hate affair with the press.

Laws of Image

Author: Samantha Barbas
Publisher: Stanford University Press
ISBN: 9780804796712
Release Date: 2015-09-30
Genre: Law

Americans have long been obsessed with their images—their looks, public personas, and the impressions they make. This preoccupation has left its mark on the law. The twentieth century saw the creation of laws that protect your right to control your public image, to defend your image, and to feel good about your image and public presentation of self. These include the legal actions against invasion of privacy, libel, and intentional infliction of emotional distress. With these laws came the phenomenon of "personal image litigation"—individuals suing to vindicate their image rights. Laws of Image tells the story of how Americans came to use the law to protect and manage their images, feelings, and reputations. In this social, cultural, and legal history, Samantha Barbas ties the development of personal image law to the self-consciousness and image-consciousness that has become endemic in our media-saturated culture of celebrity and consumerism, where people see their identities as intertwined with their public images. The laws of image are the expression of a people who have become so publicity-conscious and self-focused that they believe they have a right to control their images—to manage and spin them like actors, politicians, and rock stars.

The Rhetorical Invention of Diversity

Author: M. Kelly Carr
Publisher: MSU Press
ISBN: 9781628953312
Release Date: 2018-05-01
Genre: Language Arts & Disciplines

Despite the tepid reception of Regents of the University of California v. Bakke in 1978, the Supreme Court has thrice affirmed its holding: universities can use race as an admissions factor to achieve the goal of a diverse student body. This book examines the process of rhetorical invention followed by Justice Lewis F. Powell Jr., his colleagues, and other interlocutors as they sifted through arguments surrounding affirmative action policies to settle on diversity as affirmative action’s best constitutional justification. Here M. Kelly Carr explores the goals, constraints, and argumentative tools of the various parties as they utilized the linguistic resources available to them, including arguments about race, merit, and the role of the public university in civic life. Using public address texts, legal briefs, memoranda, and draft opinions, Carr looks at how public arguments informed the amicus briefs, chambers memos, and legal principles before concluding that Powell’s pragmatic decision making fused the principle of individualism with an appreciation of multiculturalism to accommodate his colleagues’ differing opinions. She argues that Bakke is thus a legal and rhetorical milestone that helped to shift the justificatory grounds of race-conscious policy away from a recognition of historical discrimination and its call for reparative equality, and toward an appreciation of racial diversity.

The Face That Launched a Thousand Lawsuits

Author: Jessica Lake
Publisher: Yale University Press
ISBN: 9780300214222
Release Date: 2016-11-15
Genre:

A compelling account of how women shaped the common law right to privacy during the late nineteenth and early twentieth centuries Drawing on a wealth of original research, Jessica Lake documents how the advent of photography and cinema drove women--whose images were being taken and circulated without their consent--to court. There they championed the creation of new laws and laid the groundwork for America's commitment to privacy. Vivid and engagingly written, this powerful work will draw scholars and students from a range of fields, including law, women's history, the history of photography, and cinema and media studies.

Confidential Confidential

Author: Samantha Barbas
Publisher: Chicago Review Press
ISBN: 9780912777566
Release Date: 2018-09-04
Genre: Performing Arts

In the 1950s, Confidential magazine, America's first celebrity scandal magazine, revealed Hollywood stars' secrets, misdeeds, and transgressions in gritty, unvarnished detail. Deploying a vast network of tipsters to root out scandalous facts about the stars, including their sexual affairs, drug use, and sexuality, publisher Robert Harrison destroyed celebrities' carefully constructed images and built a media empire. Confidential became the bestselling magazine on American newsstands, surpassing Time, Life, and the Saturday Evening Post. Confidential's spectacular rise was followed by an equally spectacular fall. Stars filed multimillion dollar libel suits against the magazine, and the state of California, prodded by the film studios, prosecuted its publisher for obscenity, culminating in a famous, star-studded Los Angeles trial in 1957. The lawsuits forced Confidential to end its scandalmongering, and it stopped printing its sleazy gossip in 1958. However, the magazine's legacy lives on in our culture's obsession with gossip and celebrity scandal. Confidential's success marked the end of an era of hush-hush—of secrets, closets, and sexual taboos—and the beginning of our age of tell-all exposure.

The First Amendment Bubble

Author: Amy Gajda
Publisher: Harvard University Press
ISBN: 9780674368323
Release Date: 2015-01-05
Genre: Law

For decades, privacy took a back seat to the public’s right to know. But as the Internet and changing journalism have made it harder to distinguish news from titillation, U.S. courts are showing new resolve in protecting individuals from invasive media scrutiny. As Amy Gajda shows, this judicial backlash is now impinging on mainstream journalists.

Constitution Writing Religion and Democracy

Author: Aslı Ü. Bâli
Publisher: Cambridge University Press
ISBN: 9781316839461
Release Date: 2017-02-02
Genre: Law

What role do and should constitutions play in mitigating intense disagreements over the religious character of a state? And what kind of constitutional solutions might reconcile democracy with the type of religious demands raised in contemporary democratising or democratic states? Tensions over religion-state relations are gaining increasing salience in constitution writing and rewriting around the world. This book explores the challenge of crafting a democratic constitution under conditions of deep disagreement over a state's religious or secular identity. It draws on a broad range of relevant case studies of past and current constitutional debates in Europe, Asia, Africa and the Middle East, and offers valuable lessons for societies soon to embark on constitution drafting or amendment processes where religion is an issue of contention.

Law and Legitimacy in the Supreme Court

Author: Richard H. Fallon
Publisher: Harvard University Press
ISBN: 9780674975811
Release Date: 2018
Genre: Constitutional law

"The book addresses questions about the roles of law and politics and the challenge of legitimacy in constitutional adjudication in the Supreme Court. With all sophisticated observers recognizing that the Justices' political outlooks influence their decision making, many political scientists, some of the public, and a few prominent judges have become Cynical Realists. In their view Justices vote based on their policy preferences, and legal reasoning is mere window-dressing. This book rejects Cynical Realism, but without denying many Realist insights. It explains the limits of language and history in resolving contentious constitutional issues. To rescue the notion that the Constitution is law that binds the Justices, the book provides an original account of what law is and means in the Supreme Court. It also offers a theory of legitimacy in Supreme Court adjudication. Given the nature of law in the Supreme Court, we need to accept and learn to respect reasonable disagreement about many constitutional issues. If so, the legitimacy question becomes: how would the Justices need to decide cases so that even those who disagree with the outcomes ought to respect the Justices' processes of decision? The book gives a fresh and counterintuitive answer to that vital question. Adapting a methodology made famous by John Rawls, it argues that the Justices should strive to achieve a "reflective equilibrium" between their interpretive principles, framed to identify the Constitution's enduring meaning, and their judgments about appropriate outcomes in particular cases, evaluated as prescriptions for the nation to live by in the future. The book blends the perspectives of law, philosophy, and political science to answer theoretical and practical questions of pressing national importance"--

Gene Editing Law and the Environment

Author: Irus Braverman
Publisher: Routledge
ISBN: 9781351685887
Release Date: 2017-07-20
Genre: Law

Technologies like CRISPR and gene drives are ushering in a new era of genetic engineering, wherein the technical means to modify DNA are cheaper, faster, more accurate, more widely accessible, and with more far-reaching effects than ever before. These cutting-edge technologies raise legal, ethical, cultural, and ecological questions that are so broad and consequential for both human and other-than-human life that they can be difficult to grasp. What is clear, however, is that the power to directly alter not just a singular form of life but also the genetics of entire species and thus the composition of ecosystems is currently both inadequately regulated and undertheorized. In Gene Editing, Law, and the Environment, distinguished scholars from law, the life sciences, philosophy, environmental studies, science and technology studies, animal health, and religious studies examine what is at stake with these new biotechnologies for life and law, both human and beyond.

The Desperate Hours

Author: Joseph Hayes
Publisher: Permabooks
ISBN: UCAL:$B100751
Release Date: 1954
Genre: American literature

The experiences of the Hilliards, a family threatened by threeescaped convicts who take over their home and hold the family as hostages.

Nixon in New York

Author: Victor Li
Publisher: Rowman & Littlefield
ISBN: 9781683930013
Release Date: 2018-04-02
Genre: History

This book details Richard Nixon’s years as a lawyer on Wall Street as a time of rebirth and reinvention, and how his firm served as a springboard to his successful comeback in 1968.

The Known Citizen

Author: Sarah E. Igo
Publisher: Harvard University Press
ISBN: 9780674985193
Release Date: 2018-05-07
Genre: History

Every day Americans make decisions about their privacy: what to share, how much to expose to whom. Securing the boundary between private affairs and public identity has become a central task of citizenship. Sarah Igo pursues this elusive social value across the twentieth century, as individuals asked how they should be known by their own society.

The Soul of the First Amendment

Author: Floyd Abrams
Publisher: Yale University Press
ISBN: 9780300190885
Release Date: 2017-04-25
Genre: Law

A lively and controversial overview by the nation's most celebrated First Amendment lawyer of the unique protections for freedom of speech in America The right of Americans to voice their beliefs without government approval or oversight is protected under what may well be the most honored and least understood addendum to the US Constitution--the First Amendment. Floyd Abrams, a noted lawyer and award-winning legal scholar specializing in First Amendment issues, examines the degree to which American law protects free speech more often, more intensely, and more controversially than is the case anywhere else in the world, including democratic nations such as Canada and England. In this lively, powerful, and provocative work, the author addresses legal issues from the adoption of the Bill of Rights through recent cases such as Citizens United. He also examines the repeated conflicts between claims of free speech and those of national security occasioned by the publication of classified material such as was contained in the Pentagon Papers and was made public by WikiLeaks and Edward Snowden.

The Right of Publicity

Author: Jennifer E. Rothman
Publisher: Harvard University Press
ISBN: 9780674986350
Release Date: 2018-05-01
Genre: Law

Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.

Movie Crazy

Author: S. Barbas
Publisher: Springer
ISBN: 9781137103192
Release Date: 2016-04-30
Genre: History

While the impact that legendary actors and actresses have had on the development of the Hollywood film industry is well known, few have recognised the power of movie fans on shaping the industry. This books redresses that balance, and is the first study of Hollywood's golden era to examine the period from the viewpoint of the fans. Using fan club journals, fan letters, studio production records, and other previously unpublished archival sources, Samantha Barbas reveals how the passion, enthusiasm, and ongoing activism of film fans in Hollywood's golden era transformed early cinema, the modern mass media and American popular culture.