Personal Jurisdiction in Online Expression Cases: Rejecting Minimum Contacts in Favor of Affirmative Acts

When a speaker injures a party through online communication, the initial inquiry becomes how and where the injured party may recover damages from the internet speaker within the constitutional limits established by the 'Due Process Clause' of the constitution on the places where a plaintiff may choose to sue a defendant. The due process limits were created to prevent a plaintiff from suing a non-resident defendant in a resident's court system unless the defendant had enough contact with the state to reasonably anticipate being sued there. As cyberspace renders moot much of the geographical principles upon which jurisdictions rely, the issue of personal jurisdiction-the involuntary imposition of a forum state's legal power-emerges as a threshold issue in the law of online expression. The following paper addresses the jurisprudence of American courts in the area of personal jurisdiction, illustrating the need for clarity in this critical area of the law.     

School shootings, the media, and public fear: Ingredientsfor a moral panic

Recent shootings at schools around the country have resulted in widespread fear and panic among both students and parents, prompting a myriad of responses to make schools safer. Yet, empirical data suggest that despite the recent shootings, schools remain extremely safe places for children, and school violence is lower today than it was several years ago. The present research focuses on the construction of school shootings as a moral panic, with examinations of the roles played by the media, the public, and politicians in using isolated incidents (albeit heinous offenses) to support their interests. The interactions between these groups and the resultant punitive actions directed toward juveniles are discussed. This revised version was published online in July 2006 with corrections to the Cover Date.     

An Exocet in a Red Box: Parliamentary Accountability in the Sandline Affair

In the UK, it is commonly proposed that the accountability gap resulting from ministers' reluctance to accept responsibility for departmental failures could be closed by giving parliamentary select committees stronger investigative powers. In the Sandline affair the Foreign Affairs Committee sought to take on such a role, notwithstanding that a separate external inquiry was already under way. This paper compares the two mechanisms of accountability. It concludes that committees are poorly suited to investigate high‐profile administrative failures because they are too influenced by party politics. Independent inquiries are better for the purpose (though improvements are needed here too). A parliamentary resolution gave the inquiry primacy over the committee in the Sandline case. This may become an important precedent.     

Photojournalism, fair use and fair dealing

A Massachusetts decision applying the US fair use principlesto unlicensed broadcasts of news photographs highlights thespecial protection given to news photographs, but not news videos,under UK copyright law.     

Driving across campus: Assessing the impact of drivers' race and gender on police traffic enforcement actions

This study examined the effect of drivers' race and gender on officers' decision to search a driver/vehicle and invoke a legal sanction, controlling for legal and extralegal factors. Logistic regression analyses of 10,210 traffic stops on a university campus indicated that drivers' race and gender had a significant effect on officers' decision to search a driver/vehicle and invoke a legal sanction. Black male drivers were more likely than White drivers to be searched, but were less likely to receive a legal sanction. Unexpectedly, the results showed that Asian drivers were less likely to be searched, but more likely to receive legal sanctions than White drivers. Findings, however, indicated that legal and extralegal factors (i.e., types of traffic violation, time, officer type) were found to have significant effects on officers' decisions during traffic stops.     

Economic Sector Stabilization

Using a dynamic competitive disequilibrium model this paper determined that centrally directed sector resource stabilization or planning probably could not shorten the time for a developed economy to reach equilibrium. This is due to the disaggregation of data available centrally, an old concern. Therefore, the old issues of freedom and corruption under planning appear moot.