Solove on Tech: The Audacity: Big Tech and the Battle for Privacy

 Daniel Solove on the tv series The Audacity, technology, and privacy. 

Bandes on The Sense of an Ending @BandesSusan @DePaulLaw

Susan A. Bandes, DePaul University College of Law, has published The Sense of an Ending at 73 DePaul Law Review 751 (2024).

One of the delights of shows like HBO's Succession is the virtual communal watch party they create, replete with competing interpretations and passionate predictions about plot development. These conversations reveal some enduring truths about the power of narrative expectations, one of which is the tremendous importance we place on the delivery of a satisfying ending. As the influential literary scholar Frank Kermode argued, “we cannot be denied an end, but it must be the right kind of ending.” One of the fascinating aspects of Succession was the uncertainty about what kind of ending would be satisfying. This uncertainty seems closely tied to the difficulty in pinning down the genre to which Succession belonged. This Essay will first examine the notion of a satisfying ending as it applies to Succession. It will argue that although Succession’s ending was, in some ways, letter-perfect, it was not—and could not be—emotionally satisfying. The emotionally impoverished ending was fitting, but dispiriting, and probably unavoidable given the particular generic traditions upon which Succession drew. The Essay will then pose the question: What lessons can the notion of narrative closure—the need for a satisfying ending—convey about legal proceedings? We have grown accustomed to thinking about law as storytelling, but what insights can narrative theory impart about how law stories ought to end? In legal terms, to determine what constitutes a legally satisfying end point, we first must determine what the proceeding is meant to accomplish. Legal finality may not track literary closure or psychological “closure;” and it is important to distinguish the dictates of the legal system from the impulses that drive finality and closure in other contexts. I will illustrate this point with examples from death penalty jurisprudence, in which the question of an ending is unavoidable and takes several forms: finality of judgment, the notion of “closure” for bereaved family members, and the loss of life.

Download the essay from SSRN at the link.

Rackstraw on When Reality TV Creates Reality: How "Copaganda" Affects Police, Communities, and Viewers @emmarackstraw

Emma Rackstraw, Harvard University, has published When Reality TV Creates Reality: How “Copaganda” Affects Police, Communities, and Viewers. Here is the abstract.

Television shows with police officer protagonists are ubiquitous on American television. Both fictional shows and reality shows portray a world where criminals are nearly always apprehended. However, this is a distortion of reality, as crimes mostly go unsolved and police officers infrequently make arrests. What does the omnipresence of this genre mean for the general public's conception of police, for the practice of policing, and for the communities being policed? I use department-level and officer-level arrest data to find that arrests for low-level, victimless crimes increase by 20 percent while departments film with reality television shows, concentrated in the officers actively followed by cameras. These arrests do not meaningfully improve public safety and come at the cost of the local public's confidence. I then document quasi-experimentally and experimentally that these shows -- particularly their overrepresentation of arrests -- improve non-constituent viewer attitudes towards and beliefs about the police. The results are consistent with "copaganda" shows inflating trust in police nationally while subjecting some to harsher but not more effective enforcement. I consider the implications for police reform.

Download the article from SSRN at the link.

Bandes on The Sense of an Ending @BandesSusan @DePaulLaw

Susan A. Bandes, DePaul University College of Law, has published The Sense of an Ending at 73 DePaul Law Review 751 (2024). Here is the abstract.

One of the delights of shows like HBO's Succession is the virtual communal watch party they create, replete with competing interpretations and passionate predictions about plot development. These conversations reveal some enduring truths about the power of narrative expectations, one of which is the tremendous importance we place on the delivery of a satisfying ending. As the influential literary scholar Frank Kermode argued, “we cannot be denied an end, but it must be the right kind of ending.” One of the fascinating aspects of Succession was the uncertainty about what kind of ending would be satisfying. This uncertainty seems closely tied to the difficulty in pinning down the genre to which Succession belonged. This Essay will first examine the notion of a satisfying ending as it applies to Succession. It will argue that although Succession’s ending was, in some ways, letter-perfect, it was not—and could not be—emotionally satisfying. The emotionally impoverished ending was fitting, but dispiriting, and probably unavoidable given the particular generic traditions upon which Succession drew. The Essay will then pose the question: What lessons can the notion of narrative closure—the need for a satisfying ending—convey about legal proceedings? We have grown accustomed to thinking about law as storytelling, but what insights can narrative theory impart about how law stories ought to end? In legal terms, to determine what constitutes a legally satisfying end point, we first must determine what the proceeding is meant to accomplish. Legal finality may not track literary closure or psychological “closure;” and it is important to distinguish the dictates of the legal system from the impulses that drive finality and closure in other contexts. I will illustrate this point with examples from death penalty jurisprudence, in which the question of an ending is unavoidable and takes several forms: finality of judgment, the notion of “closure” for bereaved family members, and the loss of life.

Download the essay from SSRN at the link.

Rackstraw on When Reality TV Creates Reality: How "Copaganda" Affects Police, Communities, and Viewers @emmarackstraw

Emma Rackstraw, Harvard University, has published When Reality TV Creates Reality: How “Copaganda” Affects Police, Communities, and Viewers. Here is the abstract.

Television shows with police officer protagonists are ubiquitous on American television. Both fictional shows and reality shows portray a world where criminals are nearly always apprehended. However, this is a distortion of reality, as crimes mostly go unsolved and police officers infrequently make arrests. What does the omnipresence of this genre mean for the general public's conception of police, for the practice of policing, and for the communities being policed? I use department-level and officer-level arrest data to find that arrests for low-level, victimless crimes increase by 20 percent while departments film with reality television shows, concentrated in the officers actively followed by cameras. These arrests do not meaningfully improve public safety and come at the cost of the local public's confidence. I then document quasi-experimentally and experimentally that these shows -- particularly their overrepresentation of arrests -- improve non-constituent viewer attitudes towards and beliefs about the police. The results are consistent with "copaganda" shows inflating trust in police nationally while subjecting some to harsher but not more effective enforcement. I consider the implications for police reform.

Download the article from SSRN at the link.

Cossman on #Metoo and the Corporation in Popular Culture @BrendaCossman @SULawRev

Brenda Cossman, University of Toronto Faculty of Law, is publishing #Metoo and the Corporation in Popular Culture in the Seattle University Law Review. Here is the abstract.

This paper considers #MeToo films and televisions shows that take place within corporations. Bombshell (2019), The Morning Show (2020), The Loudest Voice in the Room (2019) and The Assistant (2019) each explore the issue of sexual harassment and sexual assault within the corporation, loosely based on real storiesI consider the ways in which these films/shows focus on the corporation as the site of #MeToo events: sexual harassment and assault of female employees by powerful men. The representations are paradoxical. The corporate officers and directors are represented as culpable, as at best turning a blind-eye, at worst covering up the violence in the interest of their financial bottom line. Yet in most, the leadership of the corporation is ultimately called to action, if not account; powerful men are fired, the old boy network toppling (yet not). While initially part of the problem, they become part of the solution. Problems of sexual harassment and corporate governance are individualized, and the image of the corporation sanitized through the outcome.

Download the article from SSRN at the link. On a related issue, see Christine A. Corcos, Growing Up With Popular Culture in the Time of Title IX, 83 Louisiana Law Review 60 (2022).

CFP: Symposium on HBO's Succession @DePaulLaw @BandesSusan

From Professor Susan Bandes, DePaul College of Law:

Call for Papers

 

The DePaul Law Review will devote the third issue of its 73rd volume (slated for publication in Spring 2024) to a Symposium addressing the Emmy-winning scripted drama Succession from a legal and pedagogical point of view. The aim of this special issue is to collect in one place the insights of a variety of faculty members with different legal subject-matter expertise, as a resource for all who are interested in the use of this award-winning work for the teaching, practice, and study of law. The DePaul Law Review has already secured the participation of a number of distinguished scholars. 

      The DePaul Law Review invites proposals from others for two to four additional contributions to be included in this special issue. Proposals for a contribution of between 5,000 and 10,000 words are welcome from all who teach any area of law. (The print symposium will be accompanied by simultaneous online publication with live hyperlinks, allowing readers to access video links if the author desires).

      Potential contributions to the special issue might take a variety of forms. For example, these essays might:

• explore the legal implications of various plotlines through a variety of doctrinal lenses (e.g., mergers and acquisitions, wills and trusts, corporate law, employment law, criminal law).
• share classroom techniques for using Succession, and its scenarios or characters, in law teaching.  
• consider how matters such as race, gender, sexual orientation, and class are represented on Succession, or how the show depicts law, law enforcement, and lawyers. 
• draw on literary techniques to illuminate (or critique) Succession's approach to the myriad legal issues it presents.

Interested individuals should send an abstract outlining the topic and substance of their proposed contribution to the DePaul Law Review by email to Lizzie Carroll, Managing Editor of Lead Articles at lawreviewdepaul@yahoo.com, or to Prof. Susan Bandes, sbandes@depaul.edu, or Visiting Professor Diane Klein, dklein14@depaul.edu.  Abstracts (of 250 words at most) should be submitted by April 30, 2023. Proposals will be reviewed and invitations issued by June 1, 2023. Initial drafts will be due August 15, 2023, with final drafts due by October 1, 2023.

Call For Abstracts: Better Call Saul and Philosophy: I Think, Therefore I Scam

 

Call for Abstracts!

Better Call Saul and Philosophy: I think, Therefore I Scam

Edited by Joshua Heter and Brett Coppenger

Abstracts are sought for a collection of essays on any philosophical topic related to the hit television series Better Call Saul to be published by Carus Books (this is the same editorial team that was long with Open Court Publishing). Potential contributors may want to examine previously published volumes such a Westworld & Philosophy as well as The Man in High Castle & Philosophy.

Abstracts and eventual essays should be written for an educated but non-specialized audience (with an approximate length of 10 to 12 pages).

Contributor Guidelines:

Email abstracts (and any questions) to: bettercallsaulandphilosophy@gmail.com

1. Abstracts should be between 100 - 500 words.

2. Potential contributors must include a resume/CV for each author/coauthor.

3. Initial submissions should be made by e-mail as either a Word doc. or a PDF.

4. Deadlines:

Abstracts due by August 15, 2021

First drafts due by November 15, 2021

Final drafts due by January 15, 2022

(Early submissions are encouraged and welcomed!)

Bandes on From Dragnet to Brooklyn 99: How Cop Shows Excuse, Exalt and Erase Police Brutality @BandesSusan @routledgebooks

Susan A. Bandes, DePaul University College of Law, is publishing From Dragnet to Brooklyn 99: How Cop Shows Excuse, Exalt and Erase Police Brutality in Routledge Handbook of Police Brutality in America (Thomas Aiello, ed., Routledge, 2022).

Cop shows originated as a literal “copoganda” effort: explicit partnerships with law enforcement agencies to transform the image of bumbling Keystone Cops into straight arrow Sergeant Joe Friday and lovable Andy Griffith. Though the explicit partnerships have faded away, the template they established has flourished, in part by adapting to changed times without challenging certain basic cop show verities — principally, the centrality of the police point of view. Police use of force, even when mistaken, is framed as essential, understandable, or forgivable: an act taken in the righteous pursuit of justice. These depictions matter. Portrayals of policing on TV — including fictional portrayals — exert enormous influence on public perceptions of how policing works and help shape both law and public policy. Part I traces the origins of the cop show. Part II illustrates how cop shows construct and transmit social norms that humanize and valorize law enforcement — both the job and those who do it. Part III considers the question of what constitutes police brutality. It concludes that cop shows fall short in depicting police brutality both in its narrower definition: action taken to degrade and dehumanize, and in its broader definition: the use of excessive force. Part IV explores the mechanisms by which police brutality and the harms it visits on people and communities are erased. Finally, Part V asks whether cop shows can do better. The chapter concludes that the failures of the genre to grapple with accountability and reform are not baked into the medium. The field is rife with possibilities for expanding the universe of empathic engagement, and for illustrating both the harms of police violence and the difficult tradeoffs inherent in the effort to reimagine public safety.

Download the essay from SSRN at the link.

Bezemek on Game of Thrones: An Essay in Politics Theory--The Men of the "Night's Watch" @UniGraz

Christoph Bezemek, University of Graz, Faculty of Law, Institute of Public Law and Political Science, has published Game of Thrones: An Essay in Political Theory - The Men of the 'Night's Watch'. Here is the abstract.

In 2019 I started to work on a small volume on the popular TV franchise 'Game of Thrones' from a political theory perspective; convinced that the show’s plot means not only to expose oneself to the thrills of a sex- and violence-laden fantasy adventure. Watching ‘Game of Thrones’, I thought, requires to do more than simply love or hate the protagonists as they fail or succeed in fighting, scheming and plotting their way to the ‘Iron Throne’. It requires to make political judgments about the agents and their actions. Thus: why not use the characters of the show, the challenges they face, the institutions that determine their fate and the social and legal norms that govern their conduct as a background for an essay in political theory? Save for one chapter, alas, the book has never been written. This chapter (originally intended to be the sixth) focuses on the 'Night's Watch'.

Download the article from SSRN at the link.

Women Lawyers on Film and in Television @UTexasLaw @LSULawCenter

A piece by my former student, Danielle Maddox Kinchen: Only the Best and the Brightest: No Room for the Average Female Lawyer in the 21st-Century Cinematic Legal Profession, 21 Tex. Rev. Ent. & Sports L. 55 (Fall 2020). Enjoy!

Corcos on Law and Norms and Will and Grace @LpcProf @WillandGrace

Christine A. Corcos, Louisiana State University Law Center, has published Law and Norms and Will and Grace at 50 Cumberland L. Rev. 85 (2020). Here is the abstract.

Like many other popular series featuring lawyers and law-related characters that are not primarily legal shows, Will & Grace was and is primarily a “relationship” show. The show features the friendships and closeness among the four main characters, best friends Will Truman and Grace Adler, who originally met in college, and Will’s friend Jack McFarland and Grace’s friend Karen Walker, who are brought together through their relationships with Will and Grace and also eventually become friends. Jack and Karen’s friendship is an exaggerated analogue of Will and Grace’s relationship. While it is not a legal show, Will & Grace does often feature legal themes, partly because one of its main characters is an attorney and partly because the law is such an important part of daily American life. If we have a problem or a dispute, we often consider whether the appropriate solution is a legal one, or whether we will be satisfied with a less formal and perhaps less binding outcome. More and more, we tend to view relationships and interactions through the legal system, using the law’s language and the law’s behavior. However, the characters in Will & Grace do not always decide on legal solutions to their problems. They may fashion other solutions that they think suit their needs, or they may never consider the law at all.

Download the article from SSRN at the link.

New From Routledge: Law, Lawyers, and Justice Through Australian Lenses @kscrawling @routledgebooks

New from Routledge:

Law, Lawyers, and Justice Through Australian Lenses ( Kim D. Weinert, Karen Crawley, and Kieran Tranter, eds., Routledge, 2020).  Here, from the publisher's website, is a description of the book's contents.

This book engages with the place of law and legality within Australia’s distinctive contribution to global televisual culture. Australian popular culture has created a lasting legacy – for good or bad – of representations of law, lawyers and justice ‘down under’. Within films and television of striking landscapes, peopled with heroes, antiheroes, survivors and jokers, there is a fixation on law, conflicts between legal orders, brutal violence and survival. Deeply compromised by the ongoing violence against the lives and laws of First Nation Australians, Australian film and television has sharply illuminated what it means to live with a ‘rule of law’ that rules with a legacy, and a reality, of deep injustice. This book is the first to bring together scholars to reflect on, and critically engage with, the representations and global implications of law, lawyers and justice captured through the lenses of Australian film, television and social media. Exploring how distinctively Australian lenses capture uniquely Australian images and narratives, the book nevertheless engages these in order to provide broader insights into the contemporary translations and transmogrifications of law and justice.

More about the book, including a table of contents, here. 

ICYMI: Shniderman on Ripped From the Headlines: Juror Perceptions in the Law & Order Era @adam_shniderman

ICYMI: Adam B. Shniderman, University of Michigan Law School, has published Ripped from the Headlines: Juror Perceptions in the Law & Order Era at 38 Law & Psychology Review 97 (2014). Here is the abstract.

Film and Media Studies scholars have long claimed that television is a primary source of information about the criminal justice system for most Americans. These scholars have also found that television can significantly impact viewer’s perceptions of the world. In the last decade, Jerry Bruckheimer’s CSI: Crime Scene Investigation has been the subject of significant scrutiny. Many have claimed that CSI’s highly dramatized, romanticized, and generally unrealistic portrayal of forensic science and the investigative process has significantly altered juror expectations and poses a challenge for lawyers trying criminal cases. The concept has been discussed in nearly 400 news articles and more than 100 academic journal articles. With all of this attention paid to CSI, the impact of Law & Order on jurors’ perceptions of the criminal justice system has been largely overlooked.
In this Article, I analyze the dominant narrative in the Law & Order franchise, demonstrating that the show is rooted in Packer’s Crime Control Model. This Article discusses the various techniques the Law & Order franchise employs to construct that narrative and shape our views, through the use of basic psychological principles, detailed character backstories, casting choices of various characters, and dialogue and specific plot events. This Article considers the potential impact of this narrative on peoples’/jurors’ perceptions of various aspects of criminal investigations and the justice system, including interrogation techniques, eyewitness identification and lineup procedures, and the presumption of innocence. Finally, this Article makes suggestions for future research.

Download the article from SSRN at the link. 

CFP: Media Represetations of Law and Justice: Middle Eastern Perspectives, March 12-13, 2020

Call for papers: Media Representations of Law and Justice: Middle Eastern Perspectives. This workshop will be held at the Institute of Oriental Studies, University of Leipzig, March 12-13, 2020. Professor Lena-Maria Moeller and Professor Hanan Badr will host. Here is the Call. See also below.

The Arab-German Young Academy of Sciences and Humanities (AGYA) in cooperation with the Institute of Oriental Studies, University of Leipzig is pleased to announce the Call for Papers for the international and interdisciplinary Workshop ‘Media Representations of Law and Justice: Middle Eastern Perspectives’ in Germany at the Institute of Oriental Studies, University of Leipzig, 12−13 March 2020.

Law and/in popular culture has been an emerging field of research (at least) since the 1980s. Its initial prominence was primarily limited to North America – the main hub of popular legal culture which, through various kinds of movies and television shows, impinged on what people generally believe about law and legal institutions. By now, the interrelation of law and popular culture has made its way into European legal academia. In addition, transnational comparative studies on how law and justice are portrayed in movies and fictional television dramas have been conducted, providing additional insight for both scholars of law and media studies.

At the same time, the law and/in popular culture discourse has been largely restricted to Europe and North America. Research usually centers on ‘Western’ legal culture and its cinematic/televised representations. Oftentimes, non-‘Western’ legal traditions and systems are only portrayed as supposed counter-examples to the liberal state under the rule of law that is promoted in dominant popular culture.

The AGYA workshop on ‘Media Representations of Law and Justice: Middle Eastern Perspectives’ moves away from this established regional focus by including Middle Eastern legal regimes and their respective local media depictions. We particularly invite contributions on Arabic-language cinematic and television formats (including those on more recent streaming services and social media sites) screening legal system in either contemporary or historical perspective. We also welcome papers on legal dramas from neighboring countries in the ‘Greater Middle East’, as well as comparative studies to allow for broader transnational perspectives. By enabling a conversation not only between different regional sites of media production, but also among various disciplines, a range of analytical methods will be tested and employed to analyze the means and ends to which a legal system is portrayed in popular formats.

Topics, themes, and issues to be explored include, but are not confined to the following:

·         Cultural representations of domestic legal systems and legal traditions in contemporary courtroom dramas;

·         The political framework in which legal dramas are produced and its impact on both content and format;

·         Audiences, viewers, and their changing perceptions of the law;

·         The impact of satellite TV and online streaming services on legal dramas, their production, and content;

Plots, characters, and sociopolitical critique in legal dramas.

The workshop is organized by AGYA member Lena-Maria Möller (Institute of Oriental Studies, University of Leipzig/Max Planck Institute for Comparative and International Private Law, Hamburg) and AGYA alumna Hanan Badr (Institute for Media and Communication Studies, Freie Universität Berlin). Travel costs and accommodation for confirmed speakers will be covered by AGYA. Funding is still subject to approval.

Those interested in presenting papers are invited to send a tentative title, an abstract of around 300-500 words, and a short biography to Lena-Maria Möller (moeller@mpipriv.de) by 8 January 2020.

Notifications of acceptance will be announced by 15 January 2020 and draft papers will be due by 15 February 2020. The workshop language will be English. The organizers aim to publish the papers either as an edited volume or as a special issue of an academic journal.

About AGYA

The Arab-German Young Academy of Sciences and Humanities (AGYA) is based at the Berlin- Brandenburg Academy of Sciences and Humanities (BBAW) and at the Academy of Scientific Research and Technology (ASRT) in Egypt. It was established in 2013 and is the first bilateral young academy worldwide. AGYA promotes research cooperation among outstanding early-career researchers from all disciplines who are affiliated with a research institution in Germany or in any Arab country. The academy supports the innovative projects of its members in various fields of research as well as in science policy and education. Currently, 50 members – in equal number Arab and German scholars – realize joint projects and initiatives. AGYA is funded by the German Federal Ministry of Education and Research (BMBF) and various Arab cooperation partners.

For more information about AGYA and the Institute of Oriental Studies, University of Leipzig please visit:

www.agya.info

www.orient.uni-leipzig.de