Showing posts with label Law and Popular Culture. Show all posts
Showing posts with label Law and Popular Culture. Show all posts

August 9, 2017

Garon on Fandom and Creativity, Including Fan Art, Fan Fiction, and Cosplay @NSULawCollege

Jon Garon, Shepard Broad College of Law, has published Fandom and Creativity, Including Fan Art, Fan Fiction, and Cosplay. Here is the abstract.
Fandom has grown into a sufficiently important cultural phenomenon that it has engendered a number of scholarly journals, books, and conferences. As with any academic discipline, there are a multitude of theories and schools of thought on the cultural significance and motivating structure of these communities. These studies tend to focus on the complex relationship between the fan community and the producers of the creative works. While the theoretical understanding of this dynamic tension is worthy of study, the focus of this chapter is primarily on the practical implications of these phenomena and the Con organizer’s ability to foster these relationships.
Download the article from SSRN at the link.

July 26, 2017

Why So Many Mystery and Horror Plots Grow Up--and Out--of Small Towns

Emily Farrelly offers five reasons that small towns are such wonderful settings for mystery and horror: 1) the illusion of closeness (everyone knows everyone else--yikes) 2) slow investigative response (the cops, who know everyone, also know nothing about solving crimes) 3) isolation (everyone knows everyone else's secrets--more yikes) 4) the stakes are much higher (everyone knows you really well--okay, the yikes are really piling up now) and 5) the town is a character of its own (it dominates the people who live in it--okay, the yikes are out of sight).

More here.

July 4, 2017

Fifty States of Television @Variety

For July 4th, take a television tour of our fifty states (and our nation's capital), courtesy of Variety, which offers us a trademark show set in each location. I'm not a fan of the presentation (click-through gallery), but I like the choices, among them Frank's Place (Louisiana) and The West Wing (D.C.). More here.

June 28, 2017

A Special Issue on Law and Popular Culture From the Journal of the Oxford Centre for Socio-Legal Studies @OxfordCSLS

Now published:

Special issue of the Journal of Oxford Center for Socio-Legal Studies: Law and Popular Culture (Issue 3, 2017).

This issue includes

Opening matters, by Pedro Fortes and Michael Asimow

Foreword: The Funhouse Mirror: Law and Popular Culture, by Lawrence M. Friedman

Jewish Lawyers on Television, by Michael Asimow

Outside But Within: The Normative Dimension of the Underworld in the Television Series "Breaking Bad" and "Better Call Saul," by Manuel A. Gomez


The Portrayal of the Corporate Lawyer on TV: The US and British Models from L.A. Law To Trust and Suits, by Peter Robson

Lights, Camera, Affirmative Action: Does Hollywood Protect Minorities? by Pedro Rubim Borges Fortes

Photography's Transformation: Its Influence on Culture and Law, by Henry J. Steiner 

Law and Opera: Stimuli to a Sensible Perception of Law, by Gabriel Lacerda
 
More Human Than Human: How Some Science Fiction Presenta AI's Claims to the Right to Life and Self-Determination, by Christine A. Corcos

Law and Literature: A Dilettante's Dream? by William Twining 

Wire From the Field: Tackling Visual Knowledge: The Story of the Yale Visual Law Project, by Sandra Ristovska


Book Review: Law and Popular Culture: A Course Book by Michael Asimow and Shannon Mader

June 15, 2017

Calling Alexander Graham Bell

Ayun Halliday investigates the uses of inventor Alexander Graham Bell as representative of all kinds of TV spokesperson, from the obvious (electronic equipment) to the somewhat less so (chewing gum--well, maybe it's linked to speech, which goes into the phone?) to the obscure (Legos--Bell as a child making a phone out of the product--I'm really in the weeds now). Along the way, she points out that intellectual property law can be a concern if one uses images of dead figures in one's advertising. Public figures may also have post-mortem rights of publicity, depending on the jurisdiction.

For Open Culture. 

June 12, 2017

First Thing We Do, Let's Kill All the Deans @chronicle

Ms. Mentor, channelled through Emily Toth, Professor of English and Women's Studies at LSU, offers her annual-ish list of academic list of novels for summer reading here for the Chronicle of Higher Education. This year, the theme is nasty deans. I wouldn't have thought there were all that many to choose from. I am so naive.








  • Alfred Alcorn, Murder in the Museum of Man (1997).
  • Saul Bellow, The Dean’s December (1982).
  • Willa Cather, The Professor’s House (1925).
  • David Fleming, It’s All Academic (2000).
  • John Gardner, Mickelsson’s Ghosts (1982).
  • Jean Hanff Korelitz, The Devil and Webster (2017).
  • Bernard Malamud, A New Life (1961).
  • Bourne Morris, The Red Queen’s Run (2014).
  • Cathy Perkins, The Professor (2012).
  • Joanne Rendell, The Professors’ Wives’ Club (2008).



  • Kim A. Smith, The Cora Crane School of Journalism: a Novel of Academic Shenanigans (2016). 



  • To the list I suggest looking at film and tv deans: check out the Dean Bitterman trope in TV Tropes.  See also the Perry Mason episode The Case of the Decadent Dean (s7, ep. 5).

    From my own wonderful dean, Tom Galligan, (definitely not a candidate for literary extermination and who provided the title for this post: "Out, out, damned deans!"

    April 7, 2017

    Pop Culture, Academia, and Tenure Track Free-For-Alls

    In a recent article, Slate's Rebecca Schuman suggests that "all of Hollywood's depictions" of college tenure processes are incorrect.  While all of the depictions might not be wrong, Ms. Schuman does point to some egregious examples, and one is one of my favorites, an off-the-rails episode of CBS's The Big Bang Theory (TBBT). In it, Sheldon, Raj, and Leonard all compete for a tenure track position at Cal Tech after a member of the tenured faculty suddenly passes away. The implication is that tenure at U.S. educational institutions is a gladitatorial free-for-all in which smoozing and sex appeal (represented by the guys' significant others) have as much to do with ultimate success on the intellectual battlefield as degrees and other academicc criteria. Other weirdness that comes out in the episode: the H.R. head, Janine, is on the committee that makes the decision.

    No. Just no. Watch my lips (figuratively speaking). No.

    The episode might be funny (although I didn't laugh much, and I actually like this show for several reasons), but as Ms. Schuman points out, it misleads viewers about how tenure actually works and how academic institutions actually seek out candidates for tenure track positions.

    It also reinforces the notions that people with no experience or exposure to educational institutions have about how universities work, which is not a Good Thing At All. Too many taxpayers already think that public universities "waste" money on professor salaries, for example. One of my students said in class the other day that universities spend too money on frivolous things like dorm luxuries. In the next breath he also talked about students as consumers. I pointed out that colleges now have to compete in these areas to attract students like him. Students don't consider quality of faculty or libraries. They look for things like microwaves in dorm rooms and whether the pools are heated and how many of them there are. I remarked that if students are consumers (an analogy I don't favor), then colleges have to compete for them and offer them products they want.  Those products are shiny. They're not ultimately very useful for brain development, although they're pleasant for the after class environment. He did acknowledge that I had a point.

    This TBBT episode gets a number of things wrong, as I note, but probably does so for satiric purposes. What does it get wrong, and why? First, none of the characters, Sheldon, Leonard, and Raj, seem to have been hired initially into a tenure track line. Thus, none is eligible for the position. In order to be eligible initially, you would need to apply for the position at the start, go through the interview process, and receive an offer (which would go through the faculty, chair, dean, provost, president, and board of trustees). It's a long process, and might be slightly different depending on the institution, but most institutions follow this pattern. These searches generally get many applicants, weed through them to a pool of qualified candidates whom they interview, perhaps by phone or in person off-campus, and then bring some to campus to interview for a day or two, and then discuss the finalists. Then someone gets and offer, negotiates with the chair, and then accepts (or declines). If the finalist declines, the department might move on to the second choice, if it wants to, if it still has the money in the budget, if the second choice is still available. There's none of the wackiness, including the mass schmoozing that you see at the cocktail party, in the episode.The candidates wouldn't meet. Generally if you are candidate for such a position, you would not know who else is a candidate for that position.  If Raj, Leonard, or Sheldon wanted to be considered, they would have had to apply when the position was finally posted, and the posting would have need to be open for a specific amount of time. Given Cal Tech's prestige, the posting would certainly have been nationally posted, and perhaps even internationally advertised, and probably for several months at least. Raj, Leonard, and Sheldon would have been in competition with scientists from around the world, not just with one another.

    Why does TBBT present such a situation? It probably wants to show these characters in conflict. It wants to show some infighting in an academic setting. Maybe the show wants to suggest some (supposed) inanity at academic institutions. There certainly can be some. But not this kind.

    Second, Janine, the HR head, and her staff certainly could have helped with the writing and the posting of the job description (which as I note would have taken months). She and the staff would done triage on all the applications once they received them. But she would not have served on the search committee. That committee would have been up of faculty members from the hiring department, and perhaps a faculty member or two from another department. Perhaps a staff member with knowledge of the research area might have been invited to search on the committee. But Janine would have had no place in the interviewing interactions. She would have had a role to play in informing on-campus candidates of job benefits. Again, why does the episode show her involvement? Because it wants to heighten the conflict--she's been involved with these characters before. But again, the notion that in real life such a staff member would weigh in formally on such a hire by being on the search committee--no.

    Finally, the department apparently decides not to make a hire from among the three candidates. At an institution like Cal Tech, which loses a prestigious prof, is this outcome likely? I'd suggest the answer is no. But that's the outcome the episode ends with, again probably heighten the conflict. A real department, assuming that it has the money to hire, would try its best to make a hire, because it has invested months, and perhaps a year, in seeking a replacement for the late, lamented, prof and it wouldn't want to lose the line (although there are things it could do to save it).

    TBBT actually has a real life physics prof around to the physics that appears on the dry erase boards on the show. The writers could have asked him about the tenure procedure. Of course, maybe they did, and just didn't follow his guidance in this area. In any case, the result is a disappointing episode, and one that TBBT didn't really need to make. There are many ways to depict conflict among the physicists and engineers on this show. This one wasn't necessary.

    We also see a certain amount of bickering among Sheldon, Leonard, and Raj (to a lesser degree) over offices. In one episode, Sheldon and Barry Kripke fight over possession of an office vacated by a recently retired prof. Neither Sheldon nor Barry is a tenure track prof. Why would they be entitled to such a prestigious office, and why would the department chair indulge them in such a way, even if they are relatively famous scientists, bring in big grants, and run big labs? The tenured profs in his department are, one presumes, even bigger names and bring in even larger grants and run even bigger labs than do Sheldon and Barry. The kind of posturing and bickering that Sheldon and Barry carry on is childish. If they are unhappy about their circumstances, and truly that brilliant, they could seek out opportunities elsewhere (M.I.T, Princeton, Berkeley?)  Again, TBBT is showing up the kind of conflict it may presume goes in academia, probably just for the entertainment value. Yes, there is conflict in academia. But the real thing is actually, I'd suggest much more interesting than this kind of thing, which seems silly and suggests that grown men with brilliant minds are ultimately toddlers. I'm frankly happy to see that in season 10 Sheldon is finally developing some personal and behavioral skills.

    These kinds of things aren't the only ones that pop culture gets wrong about academia. Some of them are some basic that I wonder why they're incorrect. What purpose does it serve to misrepresent them. In a lot of shows, and some films, college classes end with the ringing of a bell to show that class is over, usually right when the prof is saying something important, so that she has to give the next assignment and wrap up quickly (right when a student is asking a question). I'm going to be very clear about this next point. Classes at universities DO NOT END WITH BELLS RINGING. That happens in elementary and secondary education. You would think that writers, many of whom have actually been to college, know perfectly well that college classes don't have bells. One could signal in the script that class is over by having the instructor say, "I see that we're out of time today. For next time, please read..." as if there's no syllabus (although again, there are syllabi in college classes, and again you'd the writers would know this).  Those bells really need to go.

    If pop culture wants to dramatize some of the interesting academic issues today, there are a lot that would make riveting tv and film. Stories about sexual harassment (think about David Mamet's Oleanna), or firing a prof for the use of  profanity in the classroom (and the prof responding that profanity is part of the learning experience), actual conflict between scientists for credit, or plagiarism, or falsifying data, or the dramatization of a sexual attack on campus by a star athlete--these would make great tv or film experiences and opportunities for thoughtful discussion about the educational environment and the responsibilities of higher education to its students, staff, and faculty, as well as the public.  If some writer would like assistance with developing some of these ideas, email or tweet me. Happy to help.




    March 30, 2017

    Passing the Bechdel Test

    If you're interested in studying female characters in film or tv or other pop culture representation who have significant roles that transcend the usual stereotyping, you might be interested in the following resources. The website The Bechdel Test Movie List tracks films that meet the Bechdel Test: they include at least two female characters who actually talk to each other about a subject other than a man or men. TV Tropes further discusses the Bechdel Test and other examples of it here.

    The website FilmSchoolRejects lists 10 famous films that don't actually pass the Bechdel Test, including the original three Star Wars films (actually not such a surprise, considering that there's only one major female character in it), and Avatar.  Come to think of it, I think Casablanca doesn't, either.

    Slate's Katy Waldman suggests the test needs an update, noting that cartoonist Alison Bechdel is somewhat ambivalent about the test's popularity and that it sets the bar rather low. But it does suggest that the audience understands the point, and it does give us something to hold on to, and that is at least something.

    The A.V. Club disagrees. This particular essay is interesting, tracing the test to Virginia Woolf's essay A Room of One's Room, and acknowledging criticism of the test. Some critics suggest that if a film fails it, that suggests the film is "sexist," or the film's message is anti-feminist. That may in fact not be true. A film's message may in fact be quite positive: the film may celebrate a woman's autonomy or agency if she is the only female character, There might not be another female character for her to discuss issues with. Similarly, she might discuss relationships (men) with female characters in order to explore and then highlight her own power. Such a film might "fail" the test, but it would demonstrate female empowerment, not fragility.Thus, the test by itself cannot be the only measure of sexism or lack of it for a film, tv, or other pop culture image.

    Telefeminist Project @telefeminism, BechelTestFest @BechdelTestFest, and Bechdel Project @BechdelProjct also tweet about the Bechdel Test. If you're so inclined, follow test originator Alison Bechdel on Twitter @AlisonBechdel.

    February 16, 2017

    Banks on Civil Trials in Popular Culture

    Taunya Lovell Banks, University of Maryland School of Law, is publishing Civil Trials: A Film Illusion? in the Fordham Law Review. Here is the abstract.
    The right to trial in civil cases is enshrined in the United States Constitution* and most state constitutions. Most people, laypersons and legal professionals alike, consider trials an essential component of American democracy. But real life civil trials are disappearing from the American legal landscape. Films, like books designed for consumption by the general public, are cultural documents that embody a society’s attitudes about and views of the law and the legal system. Courtroom films are the most easily recognizable and popular subset of films about law because they provide the stage for an examination of some aspect of a trial — juries, lawyers, litigants, laws or the legal process itself. Some legal commentators contend that legal films have the capacity to teach and encourage film audiences to think more critically about the legal system. But most trial films involve criminal cases. Thus this essay asks whether the distinction between criminal and civil films trials is important when determining the impact of the decline in real-life civil trials on American popular culture and courtroom films in particular. In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.” U.S. CONST. amend. VII.
    Download the essay from SSRN at the link.

    January 26, 2017

    We Were Told There'd Be Cake @plagiarismtoday @dorfonlaw

    Diane Klein, University of La Verne College of Law, discusses the interesting Case of the Copycat Cake here (from Plagiarism Today, cross-posted from Dorf on Law). Oh, there are intellectual property and business law issues, but there's also popular culture--lots of things to chew on. Sweet. 

    January 17, 2017

    Law and Star Trek: A Talk By Professor Fabrice Defferrard @FDefferrard1 @thewssociety

    Professor Fabrice Defferrard presents a talk on Thursday, February 23, 2017, at The Signet Library, Parliament Square, Edinburgh, on law and Star Trek, based on his book Le droit selon Star Trek, which will be published in the UK (I think fairly soon). Here's more from the WS Society's website.

    December 17, 2016

    A Podcast About Crime and Pop Culture @HBOWestworld

    Check out this podcast from true crime writers Rebecca Lavoie, Kevin Flynn, Toby Ball, Lara Bricker, and others. It's called Crime Writers On...and it features discussion of true crime, the media, and popular culture. A recent episode features a discussion of the HBO series Westworld. 

    December 3, 2016

    Language and Manipulation in House of Cards: A New Book from Sandrine Sorlin

    Sandrine Sorlin, University of Aix-Marseille, has published Language and Manipulation in House of Cards: A Pragma-Stylistic Perspective (Palgrave-Macmillan, 2016). Here from the publisher's website is a description of the book's contents.
    This book is to date the first monograph-length study of the popular American political TV series House of Cards. It proposes an encompassing analysis of the first three seasons from the unusual angles of discourse and dialogue. The study of the stylistic idiosyncrasies of the ruthless main protagonist, Frank Underwood, is completed by a pragmatic and cognitive approach exposing the main characters’ manipulative strategies to win over the other. Taking into account the socio-cultural context and the specificities of the TV medium, the volume focuses on the workings of interaction as well as the impact of the direct address to the viewer. The book critically uses the latest theories in pragmatics and stylistics in its attempt at providing a pragma-rhetorical theory of manipulation.

    November 21, 2016

    Socio-Legal Studies Association, 2017, Newcastle University, April 5-7, 2017: Call For Papers

    Via Thomas Giddens @ThomGiddens, news of

    Graphic Justice

    This stream invites submissions exploring the intersections of law and justice with comics, graphic fiction, and related visual media.

    Critical interest in the comics medium has exploded in recent decades, and is steadily growing within the legal academy. Indeed, comics and graphic fiction—and their related visual emanations, including film, video games, and wider ‘geek culture’—are of huge and on-going significance to law, justice, and legal studies.

    On a socio-cultural level, comics are historically embroiled in debates of free speech whilst today they inspire countless pop culture adaptations—from television to cinema to video games, as well as performance activities such as cosplay—and can be seen to reflect and shape popular visions of justice, morality, politics, and law.

    On the level of content, from mainstream superhero narratives tackling overt issues of justice, governance and authority, to countless themes related to morality, justice, and humanity in stories within and far beyond the mainstream, comics are rich with legal material. On the level of form, the comics medium’s unique and restless blending of different media and types of representation (text, image, visuality, aesthetics, inter alia) radically opens up discourse beyond the confines of the word, enabling greater critical engagement amidst our increasingly visual age.

    On the level of production, comics are a complex art-form, with multiple creators working in individual, group, commercial, and industrial contexts, raising questions of ownership and exploitation—issues exacerbated by comics’ transmedia proliferation. In short, comics and their related visual media bring rich cultural, practical, and aesthetic contexts and mediations to long-standing and emerging legal problems and settings. Broad questions framing this ‘graphic justice’ intersection might include: What are the relationships between comics and related visual media, and law—culturally, socially, formally, theoretically, jurisprudentially...? How can we use comics and related visual media in law—in practice, education, theory, research...? Can we consider comics as objects of legal regulation in their own right—raising issues of definition, ownership, consumption, value...? The crossover between law, comics, and related media is an expansive and open one. The examples above are merely indicative of possible issues and questions; the graphic justice stream welcomes submissions for papers that traverse any potential intersection between law and comics or related visual media—all broadly defined. ​

    Conveners Angus Nurse, Thomas Giddens and David Yuratich

    November 10, 2016

    Very Bad Science Fiction Presidents

    For the website Geek, K. Thor Jensen @kthorjensen gives us a list of really, really unappetizing sf Presidents. Remember Morgan Clark (Gary McGurk) from Babylon 5? Or Lex Luthor? How would you rank these candidates for Worst SF President Ever?

    November 7, 2016

    Thomas Giddens @ThomGiddens on Comics and Legal Aesthetics: Multimodality and the Haunted Mask of Knowing (Routledge, 2017)

    Routledge is publishing a wealth of really interesting books in the area of law and the humanities this year and next. Here's another.

    Thomas Giddens, St. Mary's University, is publishing On Comics and Legal Aesthetics: Multimodality and the Haunted Mask of Knowing (2017) (due next summer or autumn). Here is a description of the book's contents from the publisher's website.
    Law brings certainty to life. Its production of and reliance upon rational text as the predominant way of knowing about, and thus judicially managing, the world enables law to give practical and certain answers to difficult and complex moral, judicial and philosophical questions. But law’s conscious ‘certainty’ involves the denial of alternative ways of knowing, and a repression of the aesthetic and the visual within dominant forms of legal knowledge. Tapping into the recent ‘turn’ towards literary, cultural and visual concerns in legal studies, this book examines the critical value that comics can bring to law. Situated in-between the rational, textual, aesthetic and the visual, comics are, this book demonstrates, uniquely able to explore the limits of the legal text; and, in expanding legal discourse, to offer new ways of figuring the future of law.

    Taking Popular Culture Seriously: Daniel Hourigan @dphourigan's New Book on Law and Enjoyment

    Daniel Hourigan, University of Southern Queensland, is publishing Law and Enjoyment: Power, Pleasure and Psychoanalysis (Routledge, 2016). Here is a description of the book's contents from the publisher's website.
    This book advocates, and develops, a critical account of the relationship between law and the largely neglected issue of ‘enjoyment’. Taking popular culture seriously – as a lived and meaningful basis for a wider understanding of law, beyond the strictures of legal institutions and professional practices – it takes up a range of case studies from film and literature in order to consider how law is iterated through enjoyment, and how enjoyment embodies law. Drawing on psychoanalytic theory, this book addresses issues such as the forced choice to enjoy the law, the biopolitics of tyranny, the enjoyment of law’s contingency, the trauma of the law’s symbolic codification of pleasure, and the futuristic vision of law’s transgression. In so doing, it forges an important case for acknowledging and analyzing the complex relationship between power and pleasure in law – one that will be of considerable interest to legal theorists, as well as those with interests in the intersection of psychoanalytic and cultural theory.

    November 6, 2016

    On the Genealogy of Nietzsche's Pop Culture Image

    Shon Arieh-Lerer and Daniel Hubbard examine Friedrich Nietzsche's writings, and the evolution of his influence and popular culture image here, for Slate.