Information Literacy in the Age of Algorithms Student Experiences with News and Information, and the Need for Change
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Seeing and Being Seen: Toward a Liberal Democratic Theory of Spectatorship
SEEING AND BEING SEEN: TOWARD A LIBERAL DEMOCRATIC THEORY OF SPECTATORSHIP A Dissertation submitted to the FaCulty of the Graduate SChool of Arts and SCiences of Georgetown University in partial fulfillment of the requirements for the degree of Doctor of Philosophy in Government By Kristen Rose Collins, M.A. Washington, DC July 26, 2019 Copyright 2019 by Kristen Rose Collins All Rights Reserved ii SEEING AND BEING SEEN: TOWARD A LIBERAL DEMOCRATIC THEORY OF SPECTATORSHIP Kristen Rose Collins, M.A. Thesis Advisor: RiChard A. Boyd, Ph.D. ABSTRACT Digital media provides us with many ways of satisfying our desires to see and be seen. DemocratiC theorists have introduced Concepts such as “audience democraCy,” “ocular power,” and “speCtatorship” to emphasize the experiences of watChing in contemporary politiCs. Can the people exert power over politiCal leaders simply by watChing them, or are speCtators subjeCt to the power of those they watCh? How can we understand the Conundrum that being seen Can be potentially oppressive to an individual, who is subjeCted to the sCrutiny of the watCher, but also empowering, as those on the publiC stage influence what is seen and how they are seen? DemocratiC theorists have focused on the people’s experiences as speCtators of their politiCal leaders, with little consideration of the people’s experiences of being seen. By Conceptualizing speCtatorship as a socially embedded and dual-ended process that affeCts both those who see and those who are seen, I examine the ways various forms of inequalities – social, eConomiC, and politiCal – may shape experiences of being seen. I turn to the works of Thomas Hobbes, Jeremy Bentham, and Adam Smith to show how ideas about seeing and being seen have been a part of ideas about representative government and liberalism for centuries and Can illuminate contemporary ethiCal and politiCal questions about aCCountability, media, privaCy, and surveillance. -
Metoo, Time's Up, and Theories of Justice
#METOO, TIME’S UP, AND THEORIES OF JUSTICE Lesley Wexler∗ Jennifer K. Robbennolt∗∗ Colleen Murphy∗∗∗ Allegations against movie mogul Harvey Weinstein and the ensuing #MeToo movement opened the floodgates to a modern-day reckoning with sex discrimination in the workplace. High-level and high-profile individu- als across industries have been fired, been suspended, or resigned, while others accused of wrongdoing have faced no consequences, gotten slaps on the wrists, or ascended to the highest levels of power. At the same time, serious concerns have been raised about useful processes by which nonprivileged women and men can address harassment, due process for those accused of misconduct, and the need for proportionate consequenc- es. And there have been calls for both restorative and transformative jus- tice in addressing this problem. But these calls have not been explicit about what sort of restoration or transformation is envisioned. This Article explores the meaning, utility, and complexities of re- storative justice and the insights of transitional justice for dealing with sexual misconduct in the workplace. We begin by documenting the restor- ative origins of #MeToo as well as exploring steps taken, most prominent- ly by Time’s Up, to amplify and credit survivors’ voices, seek accountabil- ity, change workplace practices, and encourage access to the legal system. We then take up the call for restorative justice by exploring its key components—including acknowledgement, responsibility-taking, harm re- pair, nonrepetition, and reintegration—with an eye toward how these ∗ Professor of Law, University of Illinois College of Law. ∗∗ Alice Curtis Campbell Professor of Law and Professor of Psychology, University of Illinois College of Law. -
Metoo: Why Now? What Next?
RHODE IN PRINTER FINAL V2 (DO NOT DELETE) 10/23/2019 1:42 PM 2019 Currie-Kenan Distinguished Lecture #METOO: WHY NOW? WHAT NEXT? DEBORAH L. RHODE† ABSTRACT This Essay explores the evolution, implications, and potential of #MeToo. It begins by reviewing the inadequacies of sexual harassment law and policies that have permitted continuing abuse and that prompted the outrage that erupted in 2017. Discussion then turns to the origins of the #MeToo movement and assesses the changes that it has propelled. Analysis centers on which changes are likely to last and the concerns of fairness and inclusion that they raise. A final section considers strategies for sustaining the positive momentum of the movement and directing its efforts toward fundamental reform. TABLE OF CONTENTS I. The Limitations of Sexual Harassment Law and Policies .............380 A. The Historical Backdrop .....................................................381 B. Statutory and Doctrinal Constraints ..................................383 C. Limitations in Internal Remedies.......................................387 II. The Evolution of #MeToo ...............................................................394 A. The Growth of Activism ......................................................394 B. Why Now?.............................................................................396 C. Will It Last? ..........................................................................400 D. Concerns................................................................................410 1. Overreaction......................................................................410 -
Metoo: Exploring Dispute Resolution Angles
Saturday, April 13 Programs 1023 - #MeToo: Exploring Dispute Resolution Angles #MeToo, Time’s Up, and Theories of Justice 2 A New #MeToo Result: Prohibiting Consent with Executives 56 Mandatory Arbitration Stymies Progress Towards Justice in Employment Law: 71 Where To, #MeToo? The Legal Implications of the MeToo Movement 127 1026 - Community Conversation: A Reflective Look at Mediation Teaching and Practice Using Evaluations in Mediation 198 #METOO, TIME’S UP, AND THEORIES OF JUSTICE Lesley Wexler,∗ Jennifer Robbennolt,∗∗ & Colleen Murphy∗∗∗ ABSTRACT Allegations against movie-mogul Harvey Weinstein and the ensuing #MeToo movement opened the floodgates to a modern day reckoning with sex discrimination in the workplace. High level and high profile individuals across industries have been fired, suspended, and resigned. At the same time, serious concerns have been raised about useful processes for non-privileged women, due process for those accused of misconduct, and the need for proportionate consequences. And there have been calls for both restorative and transitional justice in addressing this problem. But these calls have not been explicit about what sort of restoration or transformation is envisioned. This article explores the meaning, utility, and complexities of restorative and transitional justice for dealing with sexual misconduct in the workplace. We begin by documenting the restorative origins of #MeToo as well as exploring steps taken, most prominently by Time’s Up, to amplify and credit survivors’ voices, seek accountability, change workplace practices, and encourage access to the legal system. We then take up the call for restorative justice by exploring its key components—including acknowledgement, responsibility-taking, harm repair, non-repetition, and reintegration—with an eye toward how these components might apply in the context of addressing sexual harassment in the workplace. -
"When You're a Star”: the Unnamed Wrong of Sexual Degradation
ªWhen You're a Starº: The Unnamed Wrong of Sexual Degradation DANIEL MAGGEN* The #MeToo movement is often criticized for its con¯ation of sexual assault, sexual harassment, and offensive but not legally actionable behavior. This objection is often accompanied by criticism of #MeToo's failure to adhere to the legal paradigms that inform sexual assault and harassment, presumably setting back the efforts to advance them. Finally, the #MeToo movement is often faulted for its failure to accord those it accuses with the procedural safeguards of due process. Responding to these objections, this Article claims that instead of view- ing #MeToo only as an effort to make the prohibition of sexual assault and harassment more effectual, we should also understand it as the attempt to articulate the moral wrong of sexual degradation that has so far been hidden in the shadow of extant legal wrongs. In this, the Article claims, #MeToo is the continuation of the mutuality approach in legal scholarship, developed in response to a transactional shift that has taken hold of rape law. This Article further argues that, in its evolution from a scholarly debate to a mass public discourse, the wrong of sexual degradation has taken on three distinct features. First, like sexual harassment, sex- ual degradation revolves around the communicative and intentional aspects of the harm rather than its tangible effects. Second, although sexual degradation subscribes to the mutuality paradigm's condemna- tion of using nonsexual leverage against another individual's sexual judgment, #MeToo tends to reserve condemnation to cases in which such leveraging takes place against the backdrop of domination, allowing the transgressor to use nonsexual eminence to trump the vic- tim's sexual judgment. -
"Because It Is Wrong": an Essay on the Immorality and Illegality of The
JOURNAL OF LAW, TECHNOLOGY & THE INTERNET • VOL. 12 • NO. 1 • 2020 – 2021 “BECAUSE IT IS WRONG”: AN ESSAY ON THE IMMORALITY AND ILLEGALITY OF THE ONLINE SERVICE CONTRACTS OF GOOGLE AND FACEBOOK* Preston M. Torbert† This essay argues that the behavioral-advertising business model under which an internet platform, such as Google or Facebook, provides free services in exchange for the user’s personal data is immoral and illegal. It is immoral because it relies on addiction, surveillance, and manipulation of the user to deplete the user’s autonomy. The contract between the company and the user is immoral. It can also be plausibly argued that the contract is illegal under California law because it is contrary to good morals, is unconscionable, and is against public policy. As society becomes more aware of these moral and legal defects, courts in the future should be more willing to find these contracts illegal and thus void. In such case, the user’s consent to the contract would be nullified and the company would have no legal right to gather and monetize the personal data of the user. The companies should then be forced to convert to a subscription model with a fiduciary duty to users to restrict the gathering and monetizing of personal data. This essay employs perspectives not only from morality and law, but also from philosophy, history, political theory, and neuroscience. Part One covers morality, Part Two legality. * I am indebted to Harvard Law Professor Charles Fried and his son, Suffolk University Philosophy Professor Gregory Fried, for the phrase “Because it is Wrong.” See BECAUSE IT IS WRONG: TORTURE, PRIVACY AND PRESIDENTIAL POWER IN THE AGE OF TERROR (2010). -
Journal of Technology Law & Policy
Volume XX – 2019-2020 Journal of Technology ISSN 2164-800X (online) DOI 10.5195/tlp.2020.234 Law & Policy http://tlp.law.pitt.edu Governance of the Facebook Privacy Crisis Lawrence J. Trautman Abstract In November 2018, The New York Times ran a front-page story describing how Facebook concealed knowledge and disclosure of Russian-linked activity and exploitation resulting in Kremlin led disruption of the 2016 and 2018 U.S. elections, through the use of global hate campaigns and propaganda warfare. By mid-December 2018, it became clear that the Russian efforts leading up to the 2016 U.S. elections were much more extensive than previously thought. Two studies conducted for the United States Senate Select Committee on Intelligence (SSCI), by: (1) Oxford University’s Computational Propaganda Project and Graphika; and (2) New Knowledge, provide considerable new information and analysis about the Russian Internet Research Agency (IRA) influence operations targeting American citizens. By early 2019 it became apparent that a number of influential and successful high-growth social media platforms had been used by nation states for propaganda purposes. Over two years earlier, Russia was called out by the U.S. intelligence community for their meddling with the 2016 American presidential elections. The extent to which prominent social media platforms have been used, either willingly or without their knowledge, by foreign powers continues to be investigated as this Article goes to press. Reporting by The New York Times suggests that it was not until the Facebook board meeting held September 6, 2017 that board audit committee chairman, Erskin Bowles, became aware of Facebook’s internal awareness of the extent to which Russian operatives had utilized the Facebook and Instagram platforms for influence campaigns in the United States. -
Law & the #Metoo Movement
Stein Scholars Symposium Law & The #MeToo Movement Friday, April 5, 2019 10 a.m.–5 p.m. Costantino Room (Second Floor) CLE COURSE MATERIALS This event is presented in conjunction with 100 Years of Women, Fordham Law Women, National Lawyers Guild, Advocates for Sexual Health and Rights, and American Constitution Society for Law and Policy. Table of Contents 1. Speaker Biographies (view in document) 2. CLE Materials Panel 1: Intersectionality & The #MeToo Movement Burke, Tarana. #MeToo was started for black and brown women and girls. They’re still being ignored. (View in document) Scott, Eugene. The marginalized voices of the #MeToo movement. (View in document) Onwuachi-Willig, Angela. What About #UsToo?: The Invisibility of Race in the #MeToo Movement. (View in document) Panel 2: Access to Justice & The #MeToo Movement Access to Justice Combined Materials. (View in document) Panel 3: The #MeToo Movement in the Digital Age Beckett, Jennifer; Whitty, Monica. #MeToo must also tackle online abuse. (View in document) Powell, Catherine. How #MeToo Has Spread Like Wildfire Around the World. (View in document) Donegan, Moira. I Started the Media Men List. My name is Moira Donegan.. (View in document) Citron, Danielle Keats. Sexual Privacy. (View in document) Brin, Dinah. Social Media Is a Major Consideration in Wave of Sexual Harassment Allegations. (View in document) Panel 4: The Future of The #MeToo Movement: What are the Next Steps? What are the Next Steps? Combined Materials. (View in document) Law & The #MeToo Movement Speaker Bios Michelle Anderson Michelle J. Anderson is the 10th president of Brooklyn College. She is a leading scholar on the law of rape and sexual assault, an adviser to the American Law Institute’s project to reform the Model Penal Code on sexual offenses, and a consultant to its project on campus sexual misconduct. -
DS 2.3 Master (PDF)
THE HOPEFUL HASHTAG: DIGITAL FEMINIST PUBLICS IN THE TRUMP ERA JENNIFER HANSEN St. Lawrence University An earlier version of this article was presented at the meeting of the John Dewey Society at the Eastern Division, American Philosophical Association meeting in Savannah, GA on January 4, 2018. Volume 2 · Number 3 · Winter 2018 · Pages 61-102 Jennifer Hansen 62 Philosophy starts from some deep and wide way of responding to the difficulties life presents . —John Dewey, Reconstruction in Philosophy1 Intolerance, abuse, calling of names because of differences of opinion about religion or politics or business, as well as because of differences of race, color, wealth or degree of culture are treason to the democratic way of life. —John Dewey, (LW 14, 227) Keeping Faith with Deweyan Democracy n his 1939 book, Freedom and Culture, John Dewey warns that the complex of customs—or the cultural conditions—shaping the institutions, habits, and practices of American democracy are not immune from the sweep of totalitarianism in Europe. In fact, in Istark opposition to a chorus of “patriots” declaring that American- style democracy is the only antidote to nationalist trends and thereby must be protected from this external enemy, Dewey soberly observes: “[t]he serious threat to our democracy is not the existence of foreign totalitarian states. It is the existence within our own personal attitudes and within our own institutions . .” (LW 13, 98). In many of his writings from this time period, including “Creative Democracy—The Task Before Us,” Dewey draws out the significance of the rise of totalitarianism on the Continent: namely, this current fact is both a caution as well as an invitation to remind ourselves that democracy is an enduring personal task (LW 14, 226).