DOCSLIB.ORG

Sean Darling-Hammond

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Sean Darling-Hammond S EAN D ARLING -H AMMOND [email protected] • 650.455.7014 E DUCATION UNIVERSITY OF CALIFORNIA, BERKELEY, Juris Doctor, Berkeley, CA, May 2014 HONORS: DEAN’S FELLOWSHIP for “a strong record of achievement and professional promise” ELEANOR SWIFT AWARD for outstanding public service AMERICAN JURISPRUDENCE AWARD for paper on reducing implicit bias in juvenile courts PROSSER AWARD for paper on legal strategies for expanding access to quality public schools DISTINGUISHED YOUNG ALUMNI AWARD from the California Law Review ACTIVITIES: DIVERSITY EDITOR, California Law Review DIRECTOR AND FOUNDER, Student Commission for Access to Legal Education (SCALE) DIRECTOR AND INSTRUCTOR, Berkeley High School Student Court CO-PRESIDENT, Men of Color Alliance CO-PRESIDENT, Restorative Justice Committee EMPLOYMENT: LAW CLERK, East Bay Community Law Center (representing special education clients) PROJECT MANAGER, Professor Ian Haney Lopez, Dog Whistle Politics (Book) RESEARCH ASSISTANT, Professor Victoria Plaut, de-biasing interventions for parole officers RESEARCH ASSISTANT, Warren Institute Commission on Equity in Education RESEARCH ASSISTANT, Professor David Oppenheimer, anti-discrimination law case book RESEARCH ASSISTANT, Professor Mary Louise Frampton, restorative justice in public schools HARVARD UNIVERSITY, Bachelor of Arts, with honors, Sociology, May 2006 HONORS THESIS: “24 Hour News: Bias and Persuasion,” content and statistical analyses showing that emotional appeals on the news favor specific political ideologies, and survey research suggesting that these emotional appeals can subconsciously impact viewers’ political beliefs EMPLOYMENT: RESEARCH ASSISTANT, Professor William Julius Wilson, Harvard Kennedy School RESEARCH ASSISTANT, Professor Daniel Gilbert, Harvard Social Psychology Department TUTOR, Harvard Bureau of Study Counsel COURSE WORK: Graduate level statistics, social psychology, public policy, media, race, Japanese language HOKKAIDO INTERNATIONAL FOUNDATION, Advanced Japanese Language Certificate, Hakodate, Japan, August 2005 P UBLICATIONS • P RESENTATIONS • M E D I A A PPEARANCES PUBLICATIONS “Designed to Fail: Implicit Bias in Our Juvenile Courts,” UCLA Journal of Juvenile Law and Policy, Forthcoming “The Electoral College Is Even More Biased Than You Think,” The Nation, January 19, 2017 “Black Votes Matter,” Harvard Journal of African American Public Policy, February 24, 2016 “ESSA Helps Realize Dr. King’s Dream of Deeper Learning for All,” Education Week, January 18, 2016 “Lives Fit for Print: Exposing Media Bias in Coverage of Terrorism,” The Nation, January 13, 2016 “Creating Wise Classrooms to Empower Diverse Law Students” (co-author: Kristen Holmquist), co-published by: UC Berkeley La Raza Law Review and three other law journals, April, 2015 “Expanding the Scholastic Circle of Belonging,” Berkeley Journal of African American Law and Policy, 2014 “Renee v. Duncan, The Perilous Pendulum of National Politics,” California Law Review, 2013 PRESENTATIONS “The Every Student Succeeds Act and Related Regulations,” Hogan Lovells, 2016 “Creating Wise Classrooms to Empower Diverse Law Students,” Suffolk Law School (forthcoming), University of South Carolina Law School (forthcoming), Association of American Law Schools (January 2016), UCLA Law School (April, 2015), UC Berkeley Law School (January, 2014) MEDIA APPEARANCES “Mainstream media ignores terror attacks in non-western countries,” RT America News (TV), July 27, 2016 “Media Bias and the Empathy Gap,” Justlove (SeriusXM Radio), April 2, 2016 Page 1 of 2 S EAN D ARLING -H AMMOND [email protected] • 650.455.7014 W O R K E XPERIENCE LICENSED TO PRACTICE LAW IN: California (2014), the District of Columbia (2016) EDUCATION LAW AND POLICY CONSULTANT, EDUCATIONCOUNSEL, WASHINGTON DC MAR. 2017– PRESENT Heading expansive research efforts on two large scale projects for a high profile philanthropic client Projects focus on improving the Research and Development (R&D) infrastructure in education and helping the k-12 education sector shift from a compliance framework to a continuous improvement framework EDUCATION / PRO BONO ATTORNEY, HOGAN LOVELLS, WASHINGTON DC OCT. 2015 – FEB. 2017 Managed a team of attorneys to develop strategies in 10 states for expanding housing for homeless families Drafted a Memorandum in Opposition to help a school district successfully oppose a re-segregating petition Researched and wrote a White Paper to help police, policymakers, and practitioners reduce false confessions LAW CLERK, JUDGE CHARLES DAY, U.S. DISTRICT COURT, GREENBELT, MARYLAND AUG. 2014 – AUG. 2015 Drafted and docketed over two dozen memorandum opinions and letter orders on a variety of civil matters SUMMER ASSOCIATE, HOGAN LOVELLS, WASHINGTON DC SUMMER 2013 Summarized 4th Amendment and desegregation implications of all 2012-13 Supreme Court cases Provided a nonprofit with legal strategic guidance on how to prevail on a claim under the Voting Rights Act SUMMER LAW CLERK, PUBLIC ADVOCATES, SAN FRANCISCO, CA SUMMER 2012 Conducted research and drafted memoranda to assist plaintiffs in California's lead education equity case Analyzed over 100 cases to draft a survey of the legal educational rights of students in each of the 50 states DIRECTOR OF RESEARCH, HATTAWAY COMMUNICATIONS, WASHINGTON DC APR. 2006 – SEP. 2011 Led in-house team that conducted research to mobilize the public, media, and policymakers Managed projects for high profile clients, including the Gates Foundation, Ford Foundation, National Democracy Institute, American Federation of Teachers, Center for Global Development, and USAID Led team that developed messages to reframe the mortgage and credit crisis (encouraging policymakers to pass the Dodd–Frank Consumer Protection Act) Led team that persuaded “difficult to count” communities to participate in the 2010 Census (contributing to record-breaking Census participation) PRESS MANAGER, JOHN KERRY FOR SENATE CAMPAIGN, BOSTON, MA SEP. 2008 – NOV. 2008 Coordinated media operations and communicated directly with press entities Produced in-depth opposition research and press releases Helped develop innovative media strategy culminating in sweeping victories in primary and general elections DIRECTOR, BEND IT TO JUSTICE, LLC (FORMERLY “COMMON GROUND COMMUNICATIONS”) APR. 2007 – PRESENT Provided research and consulting services to political and nonprofit clients including the 2008 Obama Campaign, 2008 Harry Teague for Senate Campaign, Politics of Trust, and Family Violence Appellate Project L ANGUAGE S • I NTERESTS • A SSOCIATIONS LANGUAGES: Fluent in Spanish; conversant in Japanese INTERESTS: As the “Giving Ninja” on NBC’s American Ninja Warrior and Team Ninja Warrior, I donate every dollar I win. I’m a two time national finalist and member of the “Superhero Squad.” I also enjoy jazz drumming and climbing. ASSOCIATIONS: Founding Board Member, The Associates Committee – We are attorneys and former attorneys who pool our resources to provide funding to nonprofits that expand opportunity for at-risk populations. Vice Chair of Board, Capital Area Ninjas (CAN) – We are nascent, and ultimately will provide coaching to help members of at-risk communities learn how to overcome obstacles, both in the ninja gym and in life. Page 2 of 2 .
Load more

Recommended publications
  • Prohibiting Product Placement and the Use of Characters in Marketing to Children by Professor Angela J. Campbell Georgetown Univ
    PROHIBITING PRODUCT PLACEMENT AND THE USE OF CHARACTERS IN MARKETING TO CHILDREN BY PROFESSOR ANGELA J. CAMPBELL1 GEORGETOWN UNIVERSITY LAW CENTER (DRAFT September 7, 2005) 1 Professor Campbell thanks Natalie Smith for her excellent research assistance, Russell Sullivan for pointing out examples of product placements, and David Vladeck, Dale Kunkel, Jennifer Prime, and Marvin Ammori for their helpful suggestions. Introduction..................................................................................................................................... 3 I. Product Placements............................................................................................................. 4 A. The Practice of Product Placement......................................................................... 4 B. The Regulation of Product Placements................................................................. 11 II. Character Marketing......................................................................................................... 16 A. The Practice of Celebrity Spokes-Character Marketing ....................................... 17 B. The Regulation of Spokes-Character Marketing .................................................. 20 1. FCC Regulation of Host-Selling............................................................... 21 2. CARU Guidelines..................................................................................... 22 3. Federal Trade Commission....................................................................... 24
    [Show full text]
  • PETITION to the INTER-AMERICAN COMMISSION on HUMAN RIGHTS
    PETITION to the INTER-AMERICAN COMMISSION ON HUMAN RIGHTS submitted by THE BORDER ACTION NETWORK in relation to VICTIMS OF ANTI-IMMIGRANT ACTIVITIES AND VIGILANTE VIOLENCE IN SOUTHERN ARIZONA against THE UNITED STATES OF AMERICA S. James Anaya Representative of the Petitioner Andrew Stevenson Student Advocate INTERNATIONAL HUMANRIGHTS ADVOCACYWORKSHOP University of Arizona, Rogers College of Law ' 1201 E. Speedway Blvd. Tucson, Arizona 8572 1-0176 USA Tel. +1 520 626 6341 * Fax + 1 520 621 9140 Email: [email protected] CONTENTS I . Introduction ....................................................................................................................1 I1. Jurisdiction .....................................................................................................................2 I11 . The Victims and the Petitioner .....................................................................................2 IV . Facts ..............................................................................................................................3 A . A Brief History of Immigration to Arizona and Reactive Hostility .........................5 B . Recent Increases in Anti-Immigrant Activity in Southern Arizona ..........................6 C . Violent and Illegal Acts Committed by Anti-Immigrant Groups Toward Immigrants and Mexican-Americans in Southern Arizona. and the Resulting Climate of Fear and Intimidation in the Area ................................................................................................10 D . Citizen
    [Show full text]
  • In the Supreme Court of the United States
    No. In the Supreme Court of the United States DONALD J. TRUMP, ET AL., PETITIONERS v. INTERNATIONAL REFUGEE ASSISTANCE PROJECT, A PROJECT OF THE URBAN JUSTICE CENTER, INC., ON BEHALF OF ITSELF AND ITS CLIENTS, ET AL. ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT PETITION FOR A WRIT OF CERTIORARI JEFFREY B. WALL Acting Solicitor General Counsel of Record CHAD A. READLER Acting Assistant Attorney General EDWIN S. KNEEDLER Deputy Solicitor General HASHIM M. MOOPPAN Deputy Assistant Attorney General JONATHAN C. BOND Assistant to the Solicitor General AUGUST E. FLENTJE Special Counsel DOUGLAS N. LETTER SHARON SWINGLE H. THOMAS BYRON III LOWELL V. STURGILL JR. Attorneys Department of Justice Washington, D.C. 20530-0001 [email protected] (202) 514-2217 QUESTIONS PRESENTED The Constitution and Acts of Congress confer on the President broad authority to prohibit or restrict the entry of aliens outside the United States when he deems it in the Nation’s interest. Exercising that authority, the President issued Executive Order No. 13,780, 82 Fed. Reg. 13,209 (Mar. 9, 2017). Section 2(c) of that Order suspends for 90 days the entry of foreign nationals from six countries that Congress or the Executive previously designated as presenting heightened terrorism-related risks, subject to case-by-case waivers. The district court issued, and the court of appeals upheld, a preliminary injunction barring enforcement of Section 2(c) against any person worldwide, because both courts concluded that the suspension violates the Establishment Clause. The questions presented are: 1.
    [Show full text]
  • Fake News and Misinformation Policy Lab Practicum (Spring 2017)
    ST ANFORD Fake News & Misinformation Policy Practicum 2017 PRACTICUM RESEARCFacebookH TEAM: Research Team Jacob Finkel, JD ’19, Steven Jiang,Mufan BS ’17, Luo, PhD ‘22 Mufan Luo, PhD ’22, Rebecca Mears, JD/MPP ’19, Danaë Metaxa-Kakavouli, PhD ’20Camille, Peeples, JD ‘18 Camille Peeples, JD ’18, BrendanArjun Sasso, Shenoy,JD ’19, JD ‘19 Arjun Shenoy, JD ’19, Vincent Sheu, JD/MS ’18 , Nicolás Torres-Echeverry, JSM ’17 Google Research Team INSTRUCTOR AND PROJECTDanaë LEAD MetaxaS: -Kakavouli, PhD ‘20 Nicolás Torres-Echeverry, JSM ‘17 SENATOR RUSS FEINGOLD Edwin A. Heafey, Jr., Visiting Professor of Law Luciana Herman, Ph.D. Twitter Research Team Lecturer in Law Program Director, Law and Policy LabJacob Finkel, JD ‘19 Steven Jiang, BS ‘17 Ashwin Aravind, JD ‘18 Teaching Assistant Rebecca Mears, JD/MPP ‘19 Katie Joseff, MA ‘19 Research Assistant Reddit Research Team October POLICY CLIENT: Brendan Sasso, JD ‘19 Hewlett Foundation MadisonVincent Initiative Sheu, JD/MS ’18 2017 1 Acknowledgements This report reflects the research and analysis of an inter-disciplinary law and graduate student team enrolled in the Stanford Law School Fake News and Misinformation Policy Lab Practicum (Spring 2017). Under the guidance of instructor Senator Russ Feingold, the Edwin A. Heafey Visiting Professor of Law, the practicum surveyed the roles of four major online platforms in the spread of fake news beginning with the 2016 U.S. election. Assisting Senator Feingold in the practicum were Policy Lab Program Director and Lecturer Luciana Herman, Ph.D., and Teaching Assistant Ashwin Aravind, J.D. ’18. Brendan Sasso, J.D. ’19, served as the exceptional lead student editor for the report.
    [Show full text]
  • HOUSE AMENDMENT Bill No. SB 7072 (2021) Amendment No
    HOUSE AMENDMENT Bill No. SB 7072 (2021) Amendment No. CHAMBER ACTION Senate House . 1 Representative Ingoglia offered the following: 2 3 Amendment (with title amendment) 4 Remove everything after the enacting clause and insert: 5 Section 1. The Legislature finds that: 6 (1) Social media platforms represent an extraordinary 7 advance in communication technology for Floridians. 8 (2) Users should be afforded control over their personal 9 information related to social media platforms. 10 (3) Floridians increasingly rely on social media platforms 11 to express their opinions. 12 (4) Social media platforms have transformed into the new 13 public town square. 942955 Approved For Filing: 4/26/2021 10:55:05 PM Page 1 of 24 HOUSE AMENDMENT Bill No. SB 7072 (2021) Amendment No. 14 (5) Social media platforms have become as important for 15 conveying public opinion as public utilities are for supporting 16 modern society. 17 (6) Social media platforms hold a unique place in 18 preserving first amendment protections for all Floridians and 19 should be treated similarly to common carriers. 20 (7) Social media platforms that unfairly censor, shadow 21 ban, deplatform, or apply post-prioritization algorithms to 22 Florida candidates, Florida users, or Florida residents are not 23 acting in good faith. 24 (8) Social media platforms should not take any action in 25 bad faith to restrict access or availability to Floridians. 26 (9) Social media platforms have unfairly censored, shadow 27 banned, deplatformed, and applied post-prioritization algorithms 28 to Floridians. 29 (10) The state has a substantial interest in protecting 30 its residents from inconsistent and unfair actions by social 31 media platforms.
    [Show full text]
  • Artificial Intelligence, China, Russia, and the Global Order Technological, Political, Global, and Creative Perspectives
    AIR UNIVERSITY LIBRARY AIR UNIVERSITY PRESS Artificial Intelligence, China, Russia, and the Global Order Technological, Political, Global, and Creative Perspectives Shazeda Ahmed (UC Berkeley), Natasha E. Bajema (NDU), Samuel Bendett (CNA), Benjamin Angel Chang (MIT), Rogier Creemers (Leiden University), Chris C. Demchak (Naval War College), Sarah W. Denton (George Mason University), Jeffrey Ding (Oxford), Samantha Hoffman (MERICS), Regina Joseph (Pytho LLC), Elsa Kania (Harvard), Jaclyn Kerr (LLNL), Lydia Kostopoulos (LKCYBER), James A. Lewis (CSIS), Martin Libicki (USNA), Herbert Lin (Stanford), Kacie Miura (MIT), Roger Morgus (New America), Rachel Esplin Odell (MIT), Eleonore Pauwels (United Nations University), Lora Saalman (EastWest Institute), Jennifer Snow (USSOCOM), Laura Steckman (MITRE), Valentin Weber (Oxford) Air University Press Muir S. Fairchild Research Information Center Maxwell Air Force Base, Alabama Opening remarks provided by: Library of Congress Cataloging-in- Publication Data Brig Gen Alexus Grynkewich (JS J39) Names: TBD. and Lawrence Freedman (King’s College, Title: Artificial Intelligence, China, Russia, and the Global Order : Techno- London) logical, Political, Global, and Creative Perspectives / Nicholas D. Wright. Editor: Other titles: TBD Nicholas D. Wright (Intelligent Biology) Description: TBD Identifiers: TBD Integration Editor: Subjects: TBD Mariah C. Yager (JS/J39/SMA/NSI) Classification: TBD LC record available at TBD AIR UNIVERSITY PRESS COLLABORATION TEAM Published by Air University Press in October
    [Show full text]
  • Detecting Digital Fingerprints: Tracing Chinese Disinformation in Taiwan
    Detecting Digital Fingerprints: Tracing Chinese Disinformation in Taiwan By: A Joint Report from: Nick Monaco Institute for the Future’s Digital Intelligence Lab Melanie Smith Graphika Amy Studdart The International Republican Institute 08 / 2020 Acknowledgments The authors and organizations who produced this report are deeply grateful to our partners in Taiwan, who generously provided time and insights to help this project come to fruition. This report was only possible due to the incredible dedication of the civil society and academic community in Taiwan, which should inspire any democracy looking to protect itself from malign actors. Members of this community For their assistance in several include but are not limited to: aspects of this report the authors also thank: All Interview Subjects g0v.tw Projects Gary Schmitt 0archive Marina Gorbis Cofacts Nate Teblunthuis DoubleThink Lab Sylvie Liaw Taiwan FactCheck Center Sam Woolley The Reporter Katie Joseff Taiwan Foundation for Democracy Camille François Global Taiwan Institute Daniel Twining National Chengchi University Election Johanna Kao Study Center David Shullman Prospect Foundation Adam King Chris Olsen Hsieh Yauling The Dragon’s Digital Fingerprint: Tracing Chinese Disinformation in Taiwan 2 Graphika is the network Institute for the Future’s The International Republican analysis firm that empowers (IFTF) Digital Intelligence Lab Institute (IRI) is one of the Fortune 500 companies, (DigIntel) is a social scientific world’s leading international Silicon Valley, human rights research entity conducting democracy development organizations, and universities work on the most pressing organizations. The nonpartisan, to navigate the cybersocial issues at the intersection of nongovernmental institute terrain. With rigorous and technology and society.
    [Show full text]
  • The Trump Administration, Sexual Violence, and Student Discipline in Education
    Wayne State University Law Faculty Research Publications Law School 2019 Dog Whistles and Beachheads: The Trump Administration, Sexual Violence, and Student Discipline in Education Nancy Chi Cantalupo Follow this and additional works at: https://digitalcommons.wayne.edu/lawfrp Part of the Civil Rights and Discrimination Commons, Criminal Law Commons, Education Law Commons, Human Rights Law Commons, and the Legislation Commons DOG WHISTLES AND BEACHHEADS: THE TRUMP ADMINISTRATION, SEXUAL VIOLENCE, AND STUDENT DISCIPLINE IN EDUCATION Nancy Chi Cantalupo* Beachhead: 'A defended position on a beach taken from the enemy by landing forces, from which an attack can be launched." -Oxford English Dictionary' Beachhead: 'A strategy to infiltrate academia, push back Obama-era policies, undermine collective civil rights, and impose large-scale federal deregulation." -Dr. Anne McClintock, Who's Afraid of Title IX2 Dog whistle: 'A coded message communicated through words or phrases commonly understood by a particular group of people, but not by others." -Merriam- Webster3 On November 29, 2018, the Trump Administration's Department of Education ("ED"), published a Notice of Proposed Rulemaking ("NPRM") which proposed expansive changes to ED's regulationsunder Title IX of the Educational * Associate Professor of Law, Barry University Dwayne 0. Andreas School of Law; B.S.F.S., Georgetown University; J.D., Georgetown University Law Center. My thanks to Rachel Moran, Jonathan Glazer, Frank Rudy Cooper, Deborah Brake, Kelly Behre, and attendees of the AALS 2019 Annual Conference Hot Topic program on "Sexual Harassment & Violence Narratives: #MeToo, the Kavanaugh Allegations & Title IX Guidance." I also thank Tiffany Buffkin and Jaclyn Malmed for helpful research and editorial assistance.
    [Show full text]
  • Supreme Court of the United States ______
    No. 18-_____ IN THE Supreme Court of the United States __________ ANDERSON NEWS, L.L.C., CHARLES ANDERSON, JR., AND LLOYD T. WHITAKER, AS THE ASSIGNEE UNDER AN ASSIGNMENT FOR THE BENEFIT OF CREDITORS FOR ANDERSON SERVICES, L.L.C., Petitioners, v. AMERICAN MEDIA, INC., ET AL., Respondents. __________ On Petition for a Writ of Certiorari to the United States Court of Appeals for the Second Circuit __________ PETITION FOR A WRIT OF CERTIORARI __________ THOMAS P. LYNCH MICHAEL K. KELLOGG LYNCH ROWIN LLP Counsel of Record 30 Vesey Street AARON M. PANNER New York, New York 10007 JOSHUA D. BRANSON (212) 682-4001 JEREMY S. B. NEWMAN Counsel for Lloyd T. Whitaker, KELLOGG, HANSEN, TODD, as the Assignee Under an FIGEL & FREDERICK, Assignment for the Benefit P.L.L.C. of Creditors for Anderson 1615 M Street, N.W. Services, L.L.C. Suite 400 Washington, D.C. 20036 (202) 326-7900 ([email protected]) Counsel for Anderson News, L.L.C. and Charles Anderson, December 14, 2018 L.L.C. (Additional Counsel Listed On Inside Cover) MARC E. KASOWITZ HECTOR TORRES SETH DAVIS KASOWITZ BENSON TORRES LLP 1633 Broadway New York, New York 10019 (212) 506-1700 Counsel for Anderson News, L.L.C. QUESTION PRESENTED Whether a horizontal agreement to boycott a sup- plier can escape per se condemnation under Section 1 of the Sherman Act based on the assertion that the conspirators organized the boycott in response to the supplier’s proposed price increase and not for the pur- pose of reducing competition in the supplier’s market.
    [Show full text]
  • Fake News," No News, and the Needs of Local Communities
    Texas A&M University School of Law Texas A&M Law Scholarship Faculty Scholarship 3-2018 "Fake News," No News, and the Needs of Local Communities Carol Pauli Texas A&M University School of Law, [email protected] Follow this and additional works at: https://scholarship.law.tamu.edu/facscholar Part of the Communications Law Commons, First Amendment Commons, Internet Law Commons, and the Law and Politics Commons Recommended Citation Carol Pauli, "Fake News," No News, and the Needs of Local Communities, 61 Howard L.J. 563 (2018). Available at: https://scholarship.law.tamu.edu/facscholar/1331 This Article is brought to you for free and open access by Texas A&M Law Scholarship. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Texas A&M Law Scholarship. For more information, please contact [email protected]. "Fake News," No News, and the Needs of Local Communities CAROL PAULI* INTRODUCTION ............................................. 563 I. BROADCAST: ASCERTAINMENT OF COMMUNITY NEEDS ................................ 565 II. A GROWING INFORMATION GAP ................. 568 A. Lagging Internet Access ............................ 569 B. Lack of Community Reporting ..................... 571 C. Polarization ......................................... 573 D . M isinform ation ..................................... 575 III. ASCERTAINMENT 2.0? ....................... 576 A. Community Data ................................... 579 B. Community Knowledge............................. 581 CONCLUSION ...................................
    [Show full text]
  • Advertising to Kids and the FTC: a Regulatory Retrospective That Advises the Present1
    Advertising to Kids and the FTC: A Regulatory Retrospective That Advises the Present1 “It’s deja vu all over again.” Yogi Berra I. INTRODUCTION The Federal Trade Commission (FTC) has a long history of protecting children from unfair and deceptive marketing practices. In doing so, the Commission has recognized the special nature of the child audience. For example, children may be deceived by an image or a message that likely would not deceive an adult. Some of the agency’s efforts have been successful, while other have not. This article explores the history of these efforts. It does so in light of current attention to childhood obesity and suggestions for a ban on ads directed to children for foods with high sugar or fat content. As described below, the FTC has been down this road before. The lessons learned 25 years ago are instructive in considering whether the regulation of advertising can meaningfully address this serious health problem. II. THE FTC’S STATUTORY AUTHORITY The Commission’s basic authority to regulate advertising and marketing practices derives from Section 5 of the FTC Act, which broadly prohibits unfair or deceptive acts or practices in commerce.2 The Commission “will find deception if there is a representation, omission or practice that is likely to mislead the consumer acting reasonably in the circumstances, to the consumer’s detriment.”3 There are three elements to this analysis: (1) the representation, omission, or practice must be likely to mislead the consumer; (2) the act or practice must be considered from the perspective of the reasonable consumer; and (3) the representation, omission, or practice must be material, that is, likely to affect a consumer’s choice or conduct, thereby leading to injury.4 When a representation or sales practice is targeted to a specific 1This article was prepared with the assistance of Carol J.
    [Show full text]
  • Psychological Operations Principles and Case Studies
    Psychological Operations Principles and Case Studies Editor Frank L. Goldstein, Col, USAF Co-editor Benjamin F. Findley, Jr., Col, USAFR Air University. Press Maxwell Air Force Base, Alabama September 1996 Library of Congress Cataloging-in-Publication Data Psychological operations : principles and case studies j editor, Frank L. Goldstein ; co-editor, Benjamin F. Findley. p. cm. At head of t.p. : AU Shield. "September 1996 ." 1. Psychological warfare-United States . 2. Psychological warfare-Case studies . 1. Goldstein, Frank L., 1945- . 11. Findley, Benjamin F. UB276.P82 1996 355 .3'434-dc20 96-22817 CIP ISBN 1-58566-016-7 Disclaimer This publication was produced in the Department of Defense school environment in the interest of academic freedom and the advancement of national defense-related concepts . The views expressed in this publication are those of the authors and do not reflect the official policy or position of the Department of Defense or the United States government. This publication has been reviewed by security and policy review authorities and is cleared for public release . For Sale by the Superintendent of Documents US Government Printing Office Washington, DC 20402 Contents Essay Page DISCLAIMER -------------------- ii FOREWORD . Lx PREFACE ______________________ xi PART I Nature and Scope of Psychological Operations (PSYOP) Introduction . 3 1 Psychological Operations : An Introduction Col Frank L. Goldstein, USAF Col Daniel W. Jacobowitz, USAF, Retired 2 Strategic Concepts for Military Operations . , 17 Col Fred W. Walker, USAF, Retired 3 No More Tactical Information Detachments: US Military Psychological Operations in Transition . 25 Col Alfred H. Paddock, Jr., USA, Retired 4 Blending Military and Civilian PSYOP Paradigms .
    [Show full text]