Author: Thaddeus A. Hoffmeister
Publisher: Bloomsbury Publishing USA
ISBN:
Category : Law
Languages : en
Pages : 306
Book Description
Social media hasn't just changed society—it's changing the way in which criminal law is prosecuted, defended, and adjudicated. This fascinating book explains how. While social media has become embedded in our society as a way to stay connected with friends, it serves another important purpose: to support the prosecution and defense of criminal cases. Social media is now used as proof of a crime; further, social media has become a vehicle for criminal activity. How should the law respond to the issue of online predators, stalkers, and identity thieves? This book comprehensively examines the complex impacts of social media on the major players in the criminal justice system: private citizens, attorneys, law enforcement officials, and judges. It outlines the many ways social media affects the judicial process, citing numerous example cases that demonstrate the legal challenges; and examines the issue from all sides, including law enforcement's role, citizens' privacy issues, and the principles of the Fourth Amendment. The author also shines a critical spotlight on how social media has enabled new types of investigations previously unimagined—some of which present ethical problems.
Social Media in the Courtroom
Author: Thaddeus A. Hoffmeister
Publisher: Bloomsbury Publishing USA
ISBN:
Category : Law
Languages : en
Pages : 306
Book Description
Social media hasn't just changed society—it's changing the way in which criminal law is prosecuted, defended, and adjudicated. This fascinating book explains how. While social media has become embedded in our society as a way to stay connected with friends, it serves another important purpose: to support the prosecution and defense of criminal cases. Social media is now used as proof of a crime; further, social media has become a vehicle for criminal activity. How should the law respond to the issue of online predators, stalkers, and identity thieves? This book comprehensively examines the complex impacts of social media on the major players in the criminal justice system: private citizens, attorneys, law enforcement officials, and judges. It outlines the many ways social media affects the judicial process, citing numerous example cases that demonstrate the legal challenges; and examines the issue from all sides, including law enforcement's role, citizens' privacy issues, and the principles of the Fourth Amendment. The author also shines a critical spotlight on how social media has enabled new types of investigations previously unimagined—some of which present ethical problems.
Publisher: Bloomsbury Publishing USA
ISBN:
Category : Law
Languages : en
Pages : 306
Book Description
Social media hasn't just changed society—it's changing the way in which criminal law is prosecuted, defended, and adjudicated. This fascinating book explains how. While social media has become embedded in our society as a way to stay connected with friends, it serves another important purpose: to support the prosecution and defense of criminal cases. Social media is now used as proof of a crime; further, social media has become a vehicle for criminal activity. How should the law respond to the issue of online predators, stalkers, and identity thieves? This book comprehensively examines the complex impacts of social media on the major players in the criminal justice system: private citizens, attorneys, law enforcement officials, and judges. It outlines the many ways social media affects the judicial process, citing numerous example cases that demonstrate the legal challenges; and examines the issue from all sides, including law enforcement's role, citizens' privacy issues, and the principles of the Fourth Amendment. The author also shines a critical spotlight on how social media has enabled new types of investigations previously unimagined—some of which present ethical problems.
Social Media in the Courtroom
Author: Thaddeus A. Hoffmeister
Publisher: Bloomsbury Publishing USA
ISBN: 1440830061
Category : Law
Languages : en
Pages : 236
Book Description
Social media hasn't just changed society—it's changing the way in which criminal law is prosecuted, defended, and adjudicated. This fascinating book explains how. While social media has become embedded in our society as a way to stay connected with friends, it serves another important purpose: to support the prosecution and defense of criminal cases. Social media is now used as proof of a crime; further, social media has become a vehicle for criminal activity. How should the law respond to the issue of online predators, stalkers, and identity thieves? This book comprehensively examines the complex impacts of social media on the major players in the criminal justice system: private citizens, attorneys, law enforcement officials, and judges. It outlines the many ways social media affects the judicial process, citing numerous example cases that demonstrate the legal challenges; and examines the issue from all sides, including law enforcement's role, citizens' privacy issues, and the principles of the Fourth Amendment. The author also shines a critical spotlight on how social media has enabled new types of investigations previously unimagined—some of which present ethical problems.
Publisher: Bloomsbury Publishing USA
ISBN: 1440830061
Category : Law
Languages : en
Pages : 236
Book Description
Social media hasn't just changed society—it's changing the way in which criminal law is prosecuted, defended, and adjudicated. This fascinating book explains how. While social media has become embedded in our society as a way to stay connected with friends, it serves another important purpose: to support the prosecution and defense of criminal cases. Social media is now used as proof of a crime; further, social media has become a vehicle for criminal activity. How should the law respond to the issue of online predators, stalkers, and identity thieves? This book comprehensively examines the complex impacts of social media on the major players in the criminal justice system: private citizens, attorneys, law enforcement officials, and judges. It outlines the many ways social media affects the judicial process, citing numerous example cases that demonstrate the legal challenges; and examines the issue from all sides, including law enforcement's role, citizens' privacy issues, and the principles of the Fourth Amendment. The author also shines a critical spotlight on how social media has enabled new types of investigations previously unimagined—some of which present ethical problems.
The Use of Social Science Data in Supreme Court Decisions
Author: Rosemary J. Erickson
Publisher: University of Illinois Press
ISBN: 9780252066610
Category : Law
Languages : en
Pages : 204
Book Description
The cultures of law and social science differ markedly as to the kinds of truth they pursue. Law is deductive, presenting its findings as certainties; social science is largely inductive, presenting its conclusions as subject to revision and contingency. Yet the legal community traditionally draws at will and unsystematically on the findings of social science, sometimes with unfortunate results. The authors of this study explore this issue by focusing on the manner in which the United States Supreme Court uses social science data in reaching its decisions. Concentrating on decisions involving the issues of abortion, sex discrimination, and sexual harassment, they show that the use of such data has increased over the last twenty years, but they also show that whether such data are used appears to hinge more on the liberal, conservative, or longheld positions of the judges and the types of cases involved, rather than on the objectivity or validity of the data. By offering insights into how data are used by the Supreme Court, the authors hope to show social scientists how to make their research more suitable for courtroom use and to show the legal community how such data can be used more effectively.
Publisher: University of Illinois Press
ISBN: 9780252066610
Category : Law
Languages : en
Pages : 204
Book Description
The cultures of law and social science differ markedly as to the kinds of truth they pursue. Law is deductive, presenting its findings as certainties; social science is largely inductive, presenting its conclusions as subject to revision and contingency. Yet the legal community traditionally draws at will and unsystematically on the findings of social science, sometimes with unfortunate results. The authors of this study explore this issue by focusing on the manner in which the United States Supreme Court uses social science data in reaching its decisions. Concentrating on decisions involving the issues of abortion, sex discrimination, and sexual harassment, they show that the use of such data has increased over the last twenty years, but they also show that whether such data are used appears to hinge more on the liberal, conservative, or longheld positions of the judges and the types of cases involved, rather than on the objectivity or validity of the data. By offering insights into how data are used by the Supreme Court, the authors hope to show social scientists how to make their research more suitable for courtroom use and to show the legal community how such data can be used more effectively.
Psychologist's Guide to Adolescents and Social Media
Author: Pierre Court
Publisher: Academic Press
ISBN: 0323985017
Category : Psychology
Languages : en
Pages : 268
Book Description
The internet has become a principal venue for social interaction. Young people are growing up in a world surrounded by technology that could have only been imagined a generation ago. Social media have crafted a landscape that has made connection with others easy. Yet this rise has become a concern. So, what is happening here? Why is it so compelling to use social media? Why is it difficult to quit social media? What impact can social media have on teenagers, their education, and their well-being? Should we be worried? What can be done to help? Psychologist's Guide to Adolescents and Social Media aims to deliver a deeper understanding regarding the psychology of social media, both positive and negative. This guide is divided into four parts. The reader will be guided through the purposes and merits of social media, the unintended consequences of using social media, author conducted research exploring the experiences of adolescent-aged school children, and what can be done to help those struggling with the overuse of social media, including assessment resources. - Examines the consequences of using social media, including cyberbullying and internet addiction - Explores what can be done to help those who need support with their social media use - Features relevant real-life examples and interviews with adolescents
Publisher: Academic Press
ISBN: 0323985017
Category : Psychology
Languages : en
Pages : 268
Book Description
The internet has become a principal venue for social interaction. Young people are growing up in a world surrounded by technology that could have only been imagined a generation ago. Social media have crafted a landscape that has made connection with others easy. Yet this rise has become a concern. So, what is happening here? Why is it so compelling to use social media? Why is it difficult to quit social media? What impact can social media have on teenagers, their education, and their well-being? Should we be worried? What can be done to help? Psychologist's Guide to Adolescents and Social Media aims to deliver a deeper understanding regarding the psychology of social media, both positive and negative. This guide is divided into four parts. The reader will be guided through the purposes and merits of social media, the unintended consequences of using social media, author conducted research exploring the experiences of adolescent-aged school children, and what can be done to help those struggling with the overuse of social media, including assessment resources. - Examines the consequences of using social media, including cyberbullying and internet addiction - Explores what can be done to help those who need support with their social media use - Features relevant real-life examples and interviews with adolescents
Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
The Media, the Court, and the Misrepresentation
Author: Rorie Spill Solberg
Publisher: Routledge
ISBN: 1135911800
Category : Political Science
Languages : en
Pages : 142
Book Description
The Court’s decisions are interpreted and disseminated via the media. During this process, the media paints an image of the Court and its business. Like any artist, the media has license regarding what to cover and the amount of attention devoted to any aspect of the Court and its business. Some cases receive tremendous attention, while others languish on the back pages or are ignored. These selection effects create a skewed picture of the Court and its work, and might affect public attitudes toward the Court. Indeed, studies of media coverage of other governmental institutions reveal that when, and how, their policy decisions are covered has implications for the public’s understanding of, compliance with, support for, and cynicism about the policy. This book uncovers and describes this coverage and compares it to the confirmation hearings, the Court’s actual work, even its members. Rorie Spill Solberg and Eric N. Waltenburg analyze media coverage of nominations and confirmation hearings, the justices’ "extra-curricular" activities and their retirements/deaths, and the Court’s opinions, and compare this coverage to analyses of confirmation transcripts and the Court’s full docket. Solberg and Waltenburg contend that media now cover the Court and its personnel more similarly to its coverage of other political institutions. Journalists still regurgitate a mythology supported by the justices, a "cult of the robe," wherein unbiased and apolitical judges mechanically base their decisions upon the law and the Constitution. Furthermore, they argue the media also focus on the "cult of personality," wherein the media emphasize certain attributes of the justices and their work to match the public’s preferences for subject matter and content. The media’s portrayal, then, may undercut the Court’s legitimacy and its reservoir of good will.
Publisher: Routledge
ISBN: 1135911800
Category : Political Science
Languages : en
Pages : 142
Book Description
The Court’s decisions are interpreted and disseminated via the media. During this process, the media paints an image of the Court and its business. Like any artist, the media has license regarding what to cover and the amount of attention devoted to any aspect of the Court and its business. Some cases receive tremendous attention, while others languish on the back pages or are ignored. These selection effects create a skewed picture of the Court and its work, and might affect public attitudes toward the Court. Indeed, studies of media coverage of other governmental institutions reveal that when, and how, their policy decisions are covered has implications for the public’s understanding of, compliance with, support for, and cynicism about the policy. This book uncovers and describes this coverage and compares it to the confirmation hearings, the Court’s actual work, even its members. Rorie Spill Solberg and Eric N. Waltenburg analyze media coverage of nominations and confirmation hearings, the justices’ "extra-curricular" activities and their retirements/deaths, and the Court’s opinions, and compare this coverage to analyses of confirmation transcripts and the Court’s full docket. Solberg and Waltenburg contend that media now cover the Court and its personnel more similarly to its coverage of other political institutions. Journalists still regurgitate a mythology supported by the justices, a "cult of the robe," wherein unbiased and apolitical judges mechanically base their decisions upon the law and the Constitution. Furthermore, they argue the media also focus on the "cult of personality," wherein the media emphasize certain attributes of the justices and their work to match the public’s preferences for subject matter and content. The media’s portrayal, then, may undercut the Court’s legitimacy and its reservoir of good will.
Public Response to Alerts and Warnings Using Social Media
Author: National Research Council
Publisher: National Academies Press
ISBN: 0309290333
Category : Political Science
Languages : en
Pages : 93
Book Description
Following an earlier NRC workshop on public response to alerts and warnings delivered to mobile devices, a related workshop was held on February 28 and 29, 2012 to look at the role of social media in disaster response. This was one of the first workshops convened to look systematically at the use of social media for alerts and warnings-an event that brought together social science researchers, technologists, emergency management professionals, and other experts on how the public and emergency managers use social media in disasters.In addition to exploring how officials monitor social media, as well as the resulting privacy considerations, the workshop focused on such topics as: what is known about how the public responds to alerts and warnings; the implications of what is known about such public responses for the use of social media to provide alerts and warnings to the public; and approaches to enhancing the situational awareness of emergency managers. Public Response to Alerts and Warnings Using Social Media: Report of a Workshop on Current Knowledge and Research Gaps summarizes presentations made by invited speakers, other remarks by workshop participants, and discussions during parallel breakout sessions. It also points to potential topics for future research, as well as possible areas for future research investment, and it describes some of the challenges facing disaster managers who are seeking to incorporate social media into regular practice.
Publisher: National Academies Press
ISBN: 0309290333
Category : Political Science
Languages : en
Pages : 93
Book Description
Following an earlier NRC workshop on public response to alerts and warnings delivered to mobile devices, a related workshop was held on February 28 and 29, 2012 to look at the role of social media in disaster response. This was one of the first workshops convened to look systematically at the use of social media for alerts and warnings-an event that brought together social science researchers, technologists, emergency management professionals, and other experts on how the public and emergency managers use social media in disasters.In addition to exploring how officials monitor social media, as well as the resulting privacy considerations, the workshop focused on such topics as: what is known about how the public responds to alerts and warnings; the implications of what is known about such public responses for the use of social media to provide alerts and warnings to the public; and approaches to enhancing the situational awareness of emergency managers. Public Response to Alerts and Warnings Using Social Media: Report of a Workshop on Current Knowledge and Research Gaps summarizes presentations made by invited speakers, other remarks by workshop participants, and discussions during parallel breakout sessions. It also points to potential topics for future research, as well as possible areas for future research investment, and it describes some of the challenges facing disaster managers who are seeking to incorporate social media into regular practice.
Gender, Judging and the Courts in Africa
Author: J. Jarpa Dawuni
Publisher: Routledge
ISBN: 1000473309
Category : Law
Languages : en
Pages : 347
Book Description
Women judges are playing increasingly prominent roles in many African judiciaries, yet there remains very little comparative research on the subject. Drawing on extensive cross-national data and theoretical and empirical analysis, this book provides a timely and broad-ranging assessment of gender and judging in African judiciaries. Employing different theoretical approaches, the book investigates how women have fared within domestic African judiciaries as both actors and litigants. It explores how women negotiate multiple hierarchies to access the judiciary, and how gender-related issues are handled in courts. The chapters in the book provide policy, theoretical and practical prescriptions to the challenges identified, and offer recommendations for the future directions of gender and judging in the post-COVID-19 era, including the role of technology, artificial intelligence, social media, and institutional transformations that can help promote women’s rights. Bringing together specific cases from Kenya, Uganda, Ghana, Nigeria, Zambia, Tanzania, and South Africa and regional bodies such as ECOWAS and the African Commission on Human and Peoples’ Rights, and covering a broad range of thematic reflections, this book will be of interest to scholars, students, and practitioners of African law, judicial politics, judicial training, and gender studies. It will also be useful to bilateral and multilateral donor institutions financing gender-sensitive judicial reform programs, particularly in Africa. The Open Access version of this book, available at www.taylorfrancis.com/books/oa-edit/10.4324/9780429327865/gender-judging-courts-africa-jarpa-dawuni, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Publisher: Routledge
ISBN: 1000473309
Category : Law
Languages : en
Pages : 347
Book Description
Women judges are playing increasingly prominent roles in many African judiciaries, yet there remains very little comparative research on the subject. Drawing on extensive cross-national data and theoretical and empirical analysis, this book provides a timely and broad-ranging assessment of gender and judging in African judiciaries. Employing different theoretical approaches, the book investigates how women have fared within domestic African judiciaries as both actors and litigants. It explores how women negotiate multiple hierarchies to access the judiciary, and how gender-related issues are handled in courts. The chapters in the book provide policy, theoretical and practical prescriptions to the challenges identified, and offer recommendations for the future directions of gender and judging in the post-COVID-19 era, including the role of technology, artificial intelligence, social media, and institutional transformations that can help promote women’s rights. Bringing together specific cases from Kenya, Uganda, Ghana, Nigeria, Zambia, Tanzania, and South Africa and regional bodies such as ECOWAS and the African Commission on Human and Peoples’ Rights, and covering a broad range of thematic reflections, this book will be of interest to scholars, students, and practitioners of African law, judicial politics, judicial training, and gender studies. It will also be useful to bilateral and multilateral donor institutions financing gender-sensitive judicial reform programs, particularly in Africa. The Open Access version of this book, available at www.taylorfrancis.com/books/oa-edit/10.4324/9780429327865/gender-judging-courts-africa-jarpa-dawuni, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
The Legal Challenges of Social Media
Author: David Mangan
Publisher: Edward Elgar Publishing
ISBN: 1785364510
Category : Computers
Languages : en
Pages : 341
Book Description
Social media enables instant access to individual self-expression and the sharing of information. Social media issues are boundless, permeating distinct legal disciplines. The law has struggled to adapt and for good reason: how does the law regulate this medium over the public/private law divide? This book engages with the legal implications of social media from public and private law perspectives and outlines how the law, in various legal sub-disciplines and with varying success, has endeavoured to adapt existing tools to social media.
Publisher: Edward Elgar Publishing
ISBN: 1785364510
Category : Computers
Languages : en
Pages : 341
Book Description
Social media enables instant access to individual self-expression and the sharing of information. Social media issues are boundless, permeating distinct legal disciplines. The law has struggled to adapt and for good reason: how does the law regulate this medium over the public/private law divide? This book engages with the legal implications of social media from public and private law perspectives and outlines how the law, in various legal sub-disciplines and with varying success, has endeavoured to adapt existing tools to social media.
Free Speech and the Regulation of Social Media Content
Author: Valerie C. Brannon
Publisher: Independently Published
ISBN: 9781092635158
Category : Law
Languages : en
Pages : 50
Book Description
As the Supreme Court has recognized, social media sites like Facebook and Twitter have become important venues for users to exercise free speech rights protected under the First Amendment. Commentators and legislators, however, have questioned whether these social media platforms are living up to their reputation as digital public forums. Some have expressed concern that these sites are not doing enough to counter violent or false speech. At the same time, many argue that the platforms are unfairly banning and restricting access to potentially valuable speech. Currently, federal law does not offer much recourse for social media users who seek to challenge a social media provider's decision about whether and how to present a user's content. Lawsuits predicated on these sites' decisions to host or remove content have been largely unsuccessful, facing at least two significant barriers under existing federal law. First, while individuals have sometimes alleged that these companies violated their free speech rights by discriminating against users' content, courts have held that the First Amendment, which provides protection against state action, is not implicated by the actions of these private companies. Second, courts have concluded that many non-constitutional claims are barred by Section 230 of the Communications Decency Act, 47 U.S.C. § 230, which provides immunity to providers of interactive computer services, including social media providers, both for certain decisions to host content created by others and for actions taken "voluntarily" and "in good faith" to restrict access to "objectionable" material. Some have argued that Congress should step in to regulate social media sites. Government action regulating internet content would constitute state action that may implicate the First Amendment. In particular, social media providers may argue that government regulations impermissibly infringe on the providers' own constitutional free speech rights. Legal commentators have argued that when social media platforms decide whether and how to post users' content, these publication decisions are themselves protected under the First Amendment. There are few court decisions evaluating whether a social media site, by virtue of publishing, organizing, or even editing protected speech, is itself exercising free speech rights. Consequently, commentators have largely analyzed the question of whether the First Amendment protects a social media site's publication decisions by analogy to other types of First Amendment cases. There are at least three possible frameworks for analyzing governmental restrictions on social media sites' ability to moderate user content. Which of these three frameworks applies will depend largely on the particular action being regulated. Under existing law, social media platforms may be more likely to receive First Amendment protection when they exercise more editorial discretion in presenting user-generated content, rather than if they neutrally transmit all such content. In addition, certain types of speech receive less protection under the First Amendment. Courts may be more likely to uphold regulations targeting certain disfavored categories of speech such as obscenity or speech inciting violence. Finally, if a law targets a social media site's conduct rather than speech, it may not trigger the protections of the First Amendment at all.
Publisher: Independently Published
ISBN: 9781092635158
Category : Law
Languages : en
Pages : 50
Book Description
As the Supreme Court has recognized, social media sites like Facebook and Twitter have become important venues for users to exercise free speech rights protected under the First Amendment. Commentators and legislators, however, have questioned whether these social media platforms are living up to their reputation as digital public forums. Some have expressed concern that these sites are not doing enough to counter violent or false speech. At the same time, many argue that the platforms are unfairly banning and restricting access to potentially valuable speech. Currently, federal law does not offer much recourse for social media users who seek to challenge a social media provider's decision about whether and how to present a user's content. Lawsuits predicated on these sites' decisions to host or remove content have been largely unsuccessful, facing at least two significant barriers under existing federal law. First, while individuals have sometimes alleged that these companies violated their free speech rights by discriminating against users' content, courts have held that the First Amendment, which provides protection against state action, is not implicated by the actions of these private companies. Second, courts have concluded that many non-constitutional claims are barred by Section 230 of the Communications Decency Act, 47 U.S.C. § 230, which provides immunity to providers of interactive computer services, including social media providers, both for certain decisions to host content created by others and for actions taken "voluntarily" and "in good faith" to restrict access to "objectionable" material. Some have argued that Congress should step in to regulate social media sites. Government action regulating internet content would constitute state action that may implicate the First Amendment. In particular, social media providers may argue that government regulations impermissibly infringe on the providers' own constitutional free speech rights. Legal commentators have argued that when social media platforms decide whether and how to post users' content, these publication decisions are themselves protected under the First Amendment. There are few court decisions evaluating whether a social media site, by virtue of publishing, organizing, or even editing protected speech, is itself exercising free speech rights. Consequently, commentators have largely analyzed the question of whether the First Amendment protects a social media site's publication decisions by analogy to other types of First Amendment cases. There are at least three possible frameworks for analyzing governmental restrictions on social media sites' ability to moderate user content. Which of these three frameworks applies will depend largely on the particular action being regulated. Under existing law, social media platforms may be more likely to receive First Amendment protection when they exercise more editorial discretion in presenting user-generated content, rather than if they neutrally transmit all such content. In addition, certain types of speech receive less protection under the First Amendment. Courts may be more likely to uphold regulations targeting certain disfavored categories of speech such as obscenity or speech inciting violence. Finally, if a law targets a social media site's conduct rather than speech, it may not trigger the protections of the First Amendment at all.