DOCSLIB.ORG

Los Angeles Lawyer Magazine June 2020

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Los Angeles Lawyer Magazine June 2020 - June 2020 Master.qxp_Layout 1 5/20/20 3:01 PM Page c1 Lawyer-to-Lawyer 2020 THE MAGAZINE OF THE LOS ANGELES COUNTY BAR ASSOCIATION Referral Guide JUNE 2020 / $5 On the Cover A Model PLUS LASC T(esla) for COVID-19 the Response Future page 30 Los Angeles lawyer International Jason R. Parnell assesses Criminal Court the challenge posed by the direct sales model of Tesla, Case Inc. to traditional U.S. page 18 automobile franchise law in lightlight ofof currentcurrent economiceconomic and technological conditions page 12 EPL Insurers Obliged to Pay page 24 IRS Criminal Tax Enforcement Update page 10 LOS ANGELES LAWYER - THE MAGAZINE OF THE LOS ANGELES COUNTY BAR ASSOCIATION JUNE 2020, VOL. 43 NO. 4 SPECIAL SECTION 35 2020 LAwyEr-TO-LAwyEr rEfErrAL GuIdE Contents fEATurES dEPArTmENTS 12 7 President’s Page A Model T(esla) A year of many challenges and for the Future creative solutions By Ronald F. Brot By Jason R. Parnell 9 Tesla, Inc.'s direct sales model is Barristers Tips challenging the efficacy of the long- Copyright and choreography standing U.S. federal and state legal in the digital age framework upon which auto dealership franchises have been based By Harmony Gbe 10 18 Tax Tips The USA and ICC: New IRS fraud enforcement office cracks down on tax crime Friends or Foes? By Steven Toscher, Sandra Brown, and Lacey Strachan By Kate Mackintosh The International Criminal Court Appeals 40 Chamber recently overturned an earlier Closing Argument ruling denying prosecution of alleged Future of ADR after the coronavirus crimes committed in Afghanistan thus By Jan Frankel Schau allowing investigation of potential parties involved, including members of the U.S. SPECIAL fEATurE armed forces and CIA 30 24 Accessing Justice Employer Violates, in a Pandemic Insurer Pays By the Hon. Kevin C. Brazile By Shaun H. Crosner and Sherri R. Carter A recent California court of appeal case Los Angeles Superior Court has met has held that an employment practices many challenges in the past, but the liability insurer was obligated to defend a rapid spread of coronavirus exerted California employer in underlying class extraordinary pressure to balance action litigation alleging California Labor public health and safety concerns Code and PAGA violations with access to justice LOS ANGELES LAWYER (ISSN 0162-2900) is published monthly, except for a combined issue in July/August, by the Los Angeles County Bar Association, 1055 West 7th Street, Suite 2700, Los Angeles, CA 90017 (213) 896-6503. Period icals postage paid at Los Angeles, CA and additional mailing offices. Annual subscription price of $14 included in the Association membership dues. Nonmember subscriptions: $38 annually; single copy price: $5 plus handling. Address changes must be submitted six weeks in advance of next issue date. POSTMASTER: Address Service Requested. Send address changes to Los Angeles Lawyer, P. O. Box 55020, Los Angeles CA 90055. COvEr PhOTO: TOm kELLEr REAL ESTATE DISPUTE CONSULTING Visit us on the internet at www.lacba.org/lalawyer WARONZOF ASSOCIATES E-mail can be sent to [email protected] Timothy R. Lowe, MAI, CRE, FRICS FOLLOW LOS ANGELES LAWYER ON TWITTER AT @LALAwyErmAG •economic damages •lease disputes EdITOrIAL BOArd •fair compensation •land use disputes Chair •property valuation •partnership interest value TYNA ORREN Articles Coordinator •lost profits •reorganization plan feasibility CARMELA PAGAY Articles Coordinator Waronzof Associates, Incorporated 310.322.7744 T 424.285.5380 F TBD 400 Continental Boulevard, Sixth Floor [email protected] Secretary El Segundo, CA 90245 www.waronzof.com ALExUS BRIANNA PAYTON Immediate Past Chair THOMAS J. DALY JERROLD ABELES (PAST CHAIR) TOM K. ARA MARA BERKE TERENCE R. BOGA SCOTT BOYER NORMAN A. CHERNIN CHAD C. COOMBS (PAST CHAIR) MICHAEL R. DILIBERTO DANA MOON DORSETT GORDON K. ENG MICHAEL A. GEIBELSON (PAST CHAIR) SHARON GLANCZ STEVEN HECHT (PAST CHAIR) COMM’R DENNIS F. HERNANDEZ HON. MARY THORNTON HOUSE NIKKI MEHRPOO JACOBSON DIANA HUGHES LEIDEN LYDIA G. LIBERIO FLAVIA SANTOS LLOYD PAUL S. MARKS (PAST CHAIR) JANA MARIE MOSER COMM’R ELIZABETH MUNISOGLU LINDSEY F. MUNYER CYNTHIA ANN PEARSON GREGG A. RAPOPORT J. D. REES, III JAN F. SCHAU LACEY STRACHAN BRIANNA JOAN STRANGE RONALD TOCCHINI THOMAS H. VIDAL STAff Editor-in-Chief SUSAN PETTIT Senior Editor JOHN LOWE Art director LES SECHLER director of design and Production PATRICE HUGHES Advertising director LINDA BEKAS Copyright © 2020 by the Los Angeles County Bar Assoc ia tion. All rights reserved. Reproduction in whole or in part without permission is pro hibited. Printed by R. R. Donnelley, Liberty, Missouri. The opinions and positions stated in signed material are those of the authors and not by the fact of publication necessarily those of the Association or its members. All manuscripts are carefully considered by the Editorial Board. Letters to the editor are subject to editing. LOS ANGELES LAWYER JUNE 2020 4 LOS ANGELES LAWYER IS THE OFFICIAL PUBLICATION OF THE LOS ANGELES COUNTY BAR ASSOCIATION 1055 West 7th Street, Suite 2700, Los Angeles CA 90017-2553 Telephone 213.627.2727 / www.lacba.org LACBA ExECuTIvE COmmITTEE President RONALD F. BROT President-Elect TAMILA C. JENSEN Senior vice President BRADLEY S. PAULEY vice President JO-ANN W. GRACE vice President Of diversity, Inclusion & Outreach PHILIP H. LAM Immediate Past President BRIAN S. KABATECK Treasurer KRISTIN ADRIAN Interested in writing Assistant vice President TBD legal articles for Assistant vice President Los Angeles Lawyer TBD For guidelines and article submission, contact Barristers/young Attorneys President Susan Pettit at [email protected] DIANA ARIELLE SANDERS Barristers/young Attorneys President-Elect SHARON GELBART Executive director/Secretary STANLEY S. BISSEY BOArd Of TruSTEES KRISTIN ADRIAN SARVENAZ BAHAR JULIA L. BIRKEL DAMON MICHAEL BROWN BRANT H. DVEIRIN GARY A. FARWELL JOHN F. HARTIGAN AMOS E. HARTSTON ROY J. JIMENEZ RICHARD L. KELLNER EVE LOPEZ JEFFREY B. MARGULIES JEANNE L. NISHIMOTO ANN PARK BENJAMIN G. SHATZ ED SUMMERS KENDRA THOMAS KEVIN L. VICK AffILIATEd BAr ASSOCIATIONS ASSOCIATION OF SOUTHERN CALIFORNIA DEFENSE COUNSEL (ASCDC) BEVERLY HILLS BAR ASSOCIATION (BHBA) CENTURY CITY BAR ASSOCIATION (CCBA) CONSUMER ATTORNEYS ASSOCIATION OF LOS ANGELES (CAALA) CULVER MARINA BAR ASSOCIATION (CMBA) EASTERN BAR ASSOCIATION OF LOS ANGELES COUNTY GLENDALE BAR ASSOCIATION (GBA) IRANIAN AMERICAN LAWYERS ASSOCIATION ITALIAN AMERICAN LAWYERS ASSOCIATION (IALA) JAPANESE AMERICAN BAR ASSOCIATION (JABA) JOHN M. LANGSTON BAR ASSOCIATION LGBT BAR ASSOCIATION OF LOS ANGELES (LGBT BAR LA) MExICAN AMERICAN BAR ASSOCIATION (MABA) PASADENA BAR ASSOCIATION (PBA) SAN FERNANDO VALLEY BAR ASSOCIATION (SFVBA) SANTA MONICA BAR ASSOCIATION (SMBA) SOUTH BAY BAR ASSOCIATION (SBBA) SOUTHERN CALIFORNIA CHINESE LAWYERS ASSOCIATION (SCCLA) WOMEN LAWYERS ASSOCIATION OF LOS ANGELES (WLALA) LOS ANGELES LAWYER JUNE 2020 5 FROM THE CHAIR Tyna Thall Orren enry Thoreau decamped ciation, which has been struggling with to Walden Pond to live several chronic problems for several years. “deliberately.”1 Sheltering When COVID-19 hit, courts closed and in place during a chaos reigned in the legal community, Hpandem ic would have LACBA rose to the occasion. Within days of worked just as well. the lockdown orders, LACBA’s website On April 3—day 15 of statewide safer-at- became the wellspring of news for the Los home orders—there were 4,566 confirmed Angeles legal community. I now check the cases of COVID-19 in Los Angeles County, LACBA website daily. I can’t imagine including 89 deaths. Three weeks later, functioning in the current legal environ - there were 19,527 cases countywide, ment without it. including 913 deaths.2 There will be more by LACBA’s practice sections have re - the time this issue of Los Angeles Lawyer sponded to prohibitions on public gather - reaches you. Hopefully, the rate of increase ings by moving programming—at lightning will have slowed. speed in some cases—to web-based Living with the pandemic has taught us venues. That strategy, in the long haul, all a lot about some unexpected things. I promises to solve the chronic problem of have learned to make face masks and bringing LACBA community life to folks in flourless cookies, use Zoom, and check Lancaster and other far-flung parts of the LACBA’s website for updates from the county. Thank you, LACBA leadership and courts before doing anything related to a sections for those miracles. court proceeding. I also have learned a ton We at Los Angeles Lawyer aspire and about living deliberately. These days I intend to continue being a vital part of all deliberate everything—from “Do I really that LACBA does to keep this legal commun - need to rub my eyes?” to “Do I really need to ity connected during the current crisis and send that snarky e-mail?” When beyond. Thanks for reading. Our mission is circumstances are shifting, everything gets to help you, in crisis times and normal times, reevaluated. When that is happening, new find creative approaches and solutions to approaches to chronic problems, as well as the challenges your practice meets. n creative approaches to onrushing new problems, can materialize. 1 HENRY DAVID THOREAU,WALDEN AND CIVIL DISOBEDIENCE 62 Former Chicago Mayor Rahm Emmanuel (Riverside Ed., 1960). 2 See L.A. County Dept. of Public Health, Learn More has taken political flack for applying his About COVID-19, http://publichealth.lacounty.gov 2008 maxim, “Never allow a crisis to go to /media/Coronavirus/. waste,” to COVID-19’s economic fallout.3 But 3 See, e.g., Rahm Emanuel on coronavirus response: the maxim’s point is spot-on. Crises force us “Never allow a crisis to go to waste,” Fox News Channel (Mar. 23, 2020), https://www.foxnews.com/politics to deliberate, or we just plain won’t rise to /rahm-emanuel-on-coronavirus-response-never-allow the immediate occasion. If we do rise to the -a-crisis-to-go-to-waste.
Load more

Recommended publications
  • Emhs 9Th Summer Reading 1
    Annotation Directions: EMHS 9TH SUMMER READING 1. Make a point of underlining the two most important ideas in each “column” of reading. Each year, students at EMHS do summer reading. You can underline a single phrase or a couple Reading over the summer keeps one’s mind “awake” of sentences, but please choose your selections and provides your class with an immediate platform carefully. to work on from the first day of school. The material for this packet was selected for its subject matter and 2. Of the two ideas you underline in each column, relevance to you. select the most important one and rephrase it at the bottom of the page in your own words. Please make a point of reading all six of the articles 3. When you finish an article, review your contained in this packet. Since there are several annotations. On a separate sheet of paper, different pieces, you can break this reading up as write down the “takeaway points” for each your summer schedule allows. All articles should article—the most important ideas. be read and annotated by the first day of school. Please bring this packet with you on There are many online sources to further explain the first day of school. how to annotate a text. When you come to school on the first day, this packet should be completely read This packet should be printed out and read carefully. and annotated. In addition, you should have You should always read with a pen or pencil and use your takeaway points on a separate sheet of annotation strategies to help yourself make sense paper completed.
    [Show full text]
  • 1. the Regulation of Social Media Influencers: an Introduction Catalina Goanta and Sofia Ranchordás
    1. The regulation of social media influencers: an introduction Catalina Goanta and Sofia Ranchordás 1. SETTING THE SCENE Nikkie de Jager was an unknown teenager from the small Dutch town of Uden until one of her videos (‘The Power of Make-Up’) went ‘viral’, amassing in a short period of time nearly 40 million views.1 Her ‘NikkieTutorials’ make-up channel on YouTube soon became an online sensation with millions of views from different countries, helping her build an international reputation as a ‘YouTuber’ and make-up artist. Without prior training in communication, advertising, or even the beauty sector, de Jager’s is a good example of an emerging ‘profession’: ‘social media influencer’. A growing number of indi- viduals, often without any traditional professional certification, have a job which consists in sharing moments of their daily lives, offering advice in different areas (e.g., fitness, beauty, food), and while doing so, endorsing con- sumer goods and services. In many cases, these social media influencers fail to properly disclose the commercial nature of their relationship with the compa- nies behind these advertisements. Moreover, these channels are not limited to lifestyle advice and can have broader societal consequences, for example, on election results. The comedy and commentary channel of German YouTuber Rezo is a good example of how social media influencers are also having an impact in politics. On 18 May 2019, Rezo published a video criticizing the German Christian Democratic Union party (CDU), which gained well over 15 million views in three months,2 and was subsequently endorsed by at least 90 other YouTubers, in an attempt to hold German politicians responsible, especially for their perceived lack of commitment to the fight against global 1 NikkieTutorials, YouTube channel (YouTube, 2015) https://www .youtube .com/ watch ?v = a4Ov8qvZ2 _w & t = 266s.
    [Show full text]
  • Download the 2020 Report
    A Guide by the Divided Community Project, Second Edition 2020 THE OHIO STATE UNIVERSITY MORITZ COLLEGE OF LAW PROGRAM ON DISPUTE RESOLUTION Co-Director Josh Stulberg, [email protected] | Co-Director Carl Smallwood, [email protected] Deputy Director William Froehlich, [email protected] | Executive Committee Members Thomas Battles Grande Lum | Nancy Rogers | Andrew Thomas Divided Communities and Social Media: Strategies for Community Leaders, Second Edi- tion (2020) by the Divided Community Project at The Ohio State University Moritz College of Law, is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License, Those seeking to modify this guide for targeted audiences may do so for nonprofit purposes as long as they give attribution and they allow the same “share alike” use of their content by others. Suggestd Citation: : Divided Community Project, Key Considerations for Leaders Facing Community Unrest: Effective Problem- Solving Strategies that have been Used in Other Communities (2nd ed. 2019) CC BY-NC-SA 4.0, https://go.osu.edu/dcpkc2. Other publications by the Divided Community Project are available as follows: Planning in Advance of Community Unrest (2d ed., 2020), https://go.osu.edu/dcppia. Key Considerations for Leaders in the Face of Community Unrest (2d ed., 2020) https://go.osu.edu/dcpkc. Considerations for College and University Leaders: When Conflicts and Divisive Incidents Arise (2020), https://go.osu.edu/dcptoolkit. Community Resiliency Initiative Case Studies (2018), https://go.osu.edu/dcpcri. Simulations for Leadership During Crisis (2017 and 2019) are available upon request. Contact DCP’s Deputy Director at [email protected].
    [Show full text]
  • Make Me Smart August 31, 2021 Transcript
    Make Me Smart August 31, 2021 transcript Note: Marketplace podcasts are meant to be heard, with emphasis, tone and audio elements a transcript can't capture. Transcripts are generated using a combination of automated software and human transcribers, and may contain errors. Please check the corresponding audio before quoting it. Kai Ryssdal: Let's go. Let's go. Molly Wood: I'm not, I'm not saying that I was finishing up a kid-related text. I'm just saying I'm here now, and that’s what matters. Hey everyone, I'm Molly Wood. Welcome back to Make Me Smart, the podcast where none of us is as smart as all of us. Kai Ryssdal: I'm Kai Ryssdal, it is Tuesday one topic deep dive today. That topic of choice today is this thing called the creator economy. Molly Wood: Exactly. I'm pretty excited about this, actually. We've been covering this on Marketplace Tech since about 2018. I'm gonna take some early credit for this word, or this term, the creator economy. We have talked to our guest today many times about this, it's become a big buzzword. And basically the idea includes anybody who's making a living as an online influencer and, of course, all the money that goes along with that. So you see all these people on Tik Tok and streaming on Twitch and adult content creators on sites like OnlyFans. And it is changing the entertainment industry completely. Kai Ryssdal: Tens of millions of people around the whole planet consider themselves part of this creator economy.
    [Show full text]
  • Violence, Political Attacks, Layoffs … and Still Doing Vital Work
    NIEMAN REPORTS Violence, political attacks, layoffs … and still doing vital work Contributors The Nieman Foundation for Journalism at Harvard University Julia Keller (page 24), a 1998 Nieman www.niemanreports.org Fellow and former cultural critic at the Chicago Tribune, won the 2005 Pulitzer Prize for Feature Writing. “The Cold Way Home” (Minotaur Books), the eighth novel in her series set in her home state of West Virginia, will be published in August. She has taught writing at Princeton University, Notre Dame, and the University of Chicago. publisher Ann Marie Lipinski Lenka Kabrhelova (page 32), a 2018 editor Nieman Fellow, most recently was a James Geary creative producer and presenter at Czech senior editor Radio, the public radio broadcasting Jan Gardner network in the Czech Republic. Prior to editorial assistant that she was a U.S. correspondent for Eryn M. Carlson Czech Radio and a correspondent in Russia. Kabrhelova has reported from staff assistant nearly 20 diff erent countries. She Shantel Blakely additionally worked for the BBC World design Service in Prague and in London. Pentagram Days after a mass shooting at The Capital newspaper, staff members march in the 4th of July parade in Annapolis, Maryland in 2018 editorial offices Michael Blanding (page 6) is a journalist One Francis Avenue, Cambridge, with more than 25 years of experience, MA 02138-2098, 617-496-6308, covering media, crime, culture, and the Contents Winter 2019 / Vol. 73 / No. 1 [email protected] environment. His work has appeared in The New York Times, Wired, Slate, and Copyright 2019 by the President and Features Departments Fellows of Harvard College.
    [Show full text]
  • Criminal Defamation: Still “An Instrument of Destruction” in the Age of Fake News
    CRIMINAL DEFAMATION: STILL “AN INSTRUMENT OF DESTRUCTION” IN THE AGE OF FAKE NEWS Jane E. Kirtley* & Casey Carmody** I. INTRODUCTION When Bangladeshi journalist Abdul Latif Morol, a correspondent for the Daily Probaha, used Facebook on August 1, 2017 to relay reports about the death of a goat, he was not expecting to be the target of a criminal defamation prosecution.1 The previous day, Bangladesh’s Minister of State for Fisheries and Livestock Narayan Chandra Chanda donated the goat to a poor farmer in Dumuria during an event sponsored by the government’s local livestock department.2 Following the event, news organizations published stories noting that the goat had died overnight. Morol took to Facebook to report the information, writing, “Goat given by state minister in the morning dies in the evening.”3 Soon after the post was published, fellow journalist Subrata Faujdar, a correspondent for the Daily Spandan, filed a criminal defamation complaint against Morol.4 Faujdar claimed that Morol’s post, which also contained a photo of the minister, was intended to demean the official.5 Faujdar was a supporter of the ruling party in Bangladesh and filed the complaint because * Silha Professor of Media Ethics and Law, and Director, Silha Center for the Study of Media Ethics and Law, Hubbard School of Journalism and Mass Communication, University of Minnesota; Affiliated Faculty Member, University of Minnesota Law School. ** PhD Candidate, Hubbard School of Journalism and Mass Communication, University of Minnesota. The authors gratefully acknowledge the research assistance of Scott Memmel, PhD candidate and editor Silha Bulletin, Hubbard School of Journalism and Mass Communication, University of Minnesota, in the preparation of this article.
    [Show full text]
  • News + Digital Trends
    LOLA RED News + Digital Trends 20 VOL. 32 PRESENTED WEEK OF MARCH 1 2021 CHART OF THE WEEK Are you team Apple or team Spotify? It looks like Spotify’s multimillion-dollar bet on podcasting is going to pay off. According to recent projections, Spotify’sU.S. podcast listenership has surpassed Apple Podcasts’ listenership. This year, 28.2 million people will listen to podcasts on Spotify at least monthly, while 28.0 million will NEWS + listen via Apple Podcasts. Spotify has experienced significant DIGITAL growth in the recent years due to an aggressive growth plan, and is projected to grow 41.3% this year. TRENDS “By putting podcasts and music in one place, Spotify quickly became the convenient one-stop-shop for everything digital audio,” noted eMarketer forecasting analyst Peter Vahle. “Apple was the de facto destination for podcasts for a long time, but in recent years, it has not kept up with Spotify’s pace of investment and innovation in podcast content and technology. Spotify’s investments have empowered podcast creators and advertisers through its proprietary hosting, creation, and monetization tools,” he said. Source | eMarketer 2 NEWS + TWEET DIGITAL TRENDS OF THE WEEK 3 CREATOR OF THE WEEK College student calls larger creative productions into question Last month, a TikTok video of a Sprite commercial filmed by college student, Ashley Xu, started a conversation among creative industry leaders: what can agencies learn from Gen Z NEWS + as the creative process becomes democratized? DIGITAL In the video, Ashley uses her dorm room desk and white bed TRENDS sheets as a backdrop, a ring light for lighting and a paintbrush to manipulate props.
    [Show full text]
  • Unfollowed: Examining the Property Rights of Social Media
    UNFOLLOWED: EXAMINING THE PROPERTY RIGHTS OF SOCIAL MEDIA INFLUENCE IN DIVORCE PROCEEDINGS Hamilton Leiser1 I. SOCIAL MEDIA’S GLOBAL REACH Imagine a picture of an egg being worth ten million dollars. At least one digital marketing agency is estimating exactly that.2 In January 2019, a then-anonymous person created an account on Instagram with a single goal: make a photo of an egg the most liked post on Instagram.3 Within days, the post passed the previously most-liked post on Instagram, which was a picture of Kylie Jenner’s infant daughter.4 As of February 3, 2019, the egg post has over fifty-two million likes, with the account having over ten million followers.5 The account began to post pictures of the egg with cracks, eventually revealing a video promoting mental health.6 This account’s influence as a 1. Hamilton Leiser is a 2020 candidate for Juris Doctor from SMU Dedman School of Law. He received a Bachelor of Business Administration from the University of Texas at Austin in 2016. Hamilton would like to thank Professor Weaver for her help and guidance on this Comment. 2. See Taylor Lorenz, The World-Record Instagram Egg Is Going to Make Someone Very Rich, THE ATLANTIC (Jan. 31, 2019), https://www.theatlantic.com/technology/archive/2019/01/race- monetize-world-record-instagram-egg/581686/. 3. See Jonah Engel Bromwich & Sapna Maheshwari, Meet the Creator of the Egg that Broke Instagram, N.Y. TIMES (Feb. 3, 2019), https://www.nytimes.com/2019/02/03/style/world-record- egg-instagram.html.
    [Show full text]
  • Youtube: Theater for Gen Z's Hyperreality
    Bard College Bard Digital Commons Senior Projects Spring 2020 Bard Undergraduate Senior Projects Spring 2020 Youtube: Theater for Gen Z’s Hyperreality Marina E. Laprade Bard College, [email protected] Follow this and additional works at: https://digitalcommons.bard.edu/senproj_s2020 Part of the Visual Studies Commons This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. Recommended Citation Laprade, Marina E., "Youtube: Theater for Gen Z’s Hyperreality" (2020). Senior Projects Spring 2020. 161. https://digitalcommons.bard.edu/senproj_s2020/161 This Open Access work is protected by copyright and/or related rights. It has been provided to you by Bard College's Stevenson Library with permission from the rights-holder(s). You are free to use this work in any way that is permitted by the copyright and related rights. For other uses you need to obtain permission from the rights- holder(s) directly, unless additional rights are indicated by a Creative Commons license in the record and/or on the work itself. For more information, please contact [email protected]. 1 Youtube: Theater for Gen Z’s Hyperreality Senior Project Submitted to The Division of the Art of Bard College by Marina Laprade Annandale-on-Hudson, New York May 2020 2 Acknowledgements Thank you to Susan and to everyone else who supported me while writing this. Thank you Cayce Pollard and your jetlagged mirror world. 3 Table of Contents Introduction Thesis……………………………………………………………………………………………...4 Context The Vlogging Influencer………………………………………………………………..
    [Show full text]
  • Supreme Court of the United States
    No. 20-255 IN THE Supreme Court of the United States MAHANOY AREA SCHOOL DISTRICT, Petitioner, v. B.L., A MINOR, BY and throUGH HER FATHER, LAWRENCE LEVY, AND HER MOTHER, BETTY LOU LEVY, Respondents. ON WRIT OF CERTIORARI TO THE UNITED STATES CouRT OF APPEALS FOR THE THIRD CIRcuIT BRIEF OF AMICI CURIAE ELECTRONIC FRONTIER FOUNDATION, BRENNAN CENTER FOR JUSTICE AT NYU SCHOOL OF LAW AND PENNSYLVANIA CENTER FOR THE FIRST AMENDMENT IN SUPPORT OF RESPONDENTS NAOMI GILENS Counsel of Record SOPHIA COPE ELECTRONic FRONTIER FOUNDATION 815 Eddy Street San Francisco, CA 94109 (415) 436-9333 [email protected] Attorneys for Amici Curiae 301386 A (800) 274-3321 • (800) 359-6859 i TABLE OF CONTENTS Page TABLE OF CONTENTS..........................i TABLE OF CITED AUTHORITIES ..............iii INTEREST OF AMICI CURIAE ..................1 SUMMARY OF ARGUMENT .....................2 ARGUMENT....................................3 I. THE TINKER EXCEPTION SHOULD NOT ALLOW PUBLIC SCHOOLS TO PUNISH STUDENTS’ OFF-CAMPUS SPEECH .................................3 A. Since Tinker, This Court Has Recognized Public Schools’ Authority to Punish Student Speech Exclusively in the Context of On-Campus Speech......5 B. This Court Should Hold That Tinker Does Not Apply to Off-Campus Speech, Whether Online or Offline........7 II. LIMITING THE TINKER EXCEPTION TO ON-CAMPUS SPEECH IS CRITICAL GIVEN THE CENTRAL ROLE THAT SOCIAL MEDIA PLAYS IN YOUNG PEOPLE’S LIVES .............11 ii Table of Contents Page A. Surveys Quantify the Power of Social Media for Young People ................12 B. Examples Abound of Young People Using Social Media for Protected Activism .............................15 CONCLUSION .................................24 iii TABLE OF CITED AUTHORITIES Page Cases Ashcroft v.
    [Show full text]
  • Download the Episode Transcript
    LizGross SPEAKERS Liz Gross, Jenna Spinelle Jenna Spinelle 00:01 Liz, welcome to higher ed social. Thanks so much for joining us. Liz Gross 00:04 I'm happy to be here again. Jenna Spinelle 00:07 All right second time and so we should say that Lougan is not with us while we are recording this but the last time he was on it was just the two of you so we're going to put it together and we'll have have a full episode. So folks and go back and listen to the last one and then hear this one get the get the full picture. Sounds like a plan. Yeah. So Liz for for folks who might not have listened to the the first episode or may have forgotten because you know, pandemic brain? Can you remind us and I think I think maybe the last time you're on was even before you started campus sonar. So catch us up? What have what are what are you doing these days? Liz Gross 00:50 Yeah, I think the last time I was on higher ed social, I knew campus sonar was going to be a thing, but it was still in the secret phase. So I couldn't talk about it too much. So three plus years later seems like forever. I am the founder and CEO of campus sonar, which is a higher education focused, social listening focused agency that works with campuses and other higher ed partners to better understand audiences provide market intelligence, and essentially help our clients build trust with their target audiences by understanding what's being said, from them and about them online.
    [Show full text]
  • PRESS FREEDOMS in the United States 2017
    PRESS FREEDOMS in the United States 2017 A Review of the U.S. Press Freedom Tracker MARCH 2018 Press Freedoms in the United States 2017 A Review of the U.S. Press Freedom Tracker BY SARAH MATTHEWS staff attorney for the Reporters Committee for Freedom of the Press and member of the Steering Committee for the U.S. Press Freedom Tracker This report was made possible with funding from the Gannett Foundation. References to the tracker are hyperlinked throughout this report; additional sources are cited in endnotes. The tracker data referenced herein is current as of March 27, 2018, the date of publication. INDEX About the U.S. Press Freedom Tracker .....................3 Border Stops ..................................................................12 Overview ..........................................................................4 DOJ “Leak” Investigation ...........................................12 2017 At a Glance .............................................................4 Subpoenas ......................................................................12 Arrests of Journalists .....................................................5 Chilling Statements .....................................................13 How to Protect Yourself When Covering a Protest ..8 Denials of Access .........................................................17 Physical Attacks on Journalists ...................................9 Conclusion .....................................................................18 Searches or Seizures of Equipment ..........................11
    [Show full text]