Copyright (c) 2008 All rights reserved. http://works.bepress.com/susan_kosse Recent documents in Susan Duncan en-us Mon, 18 Aug 2008 02:30:40 PDT 3600 http://works.bepress.com/susan_kosse/21 http://works.bepress.com/susan_kosse/21 Tue, 13 May 2008 07:16:56 PDT The growth and influence of nontraditional media and the convergence of these technological platforms on mainstream media brings a host of new issues surrounding media coverage of high profile trials. Hardly a new phenomenon, the media has made a business of covering high profile trials since before the founding of this nation. But the advent of blogs in 1999 and the growing influence they have on the public further complicates the issue. In addition, adoption of more nontraditional delivery platforms, such as blogs, by traditional media as they strive to retain and enlarge readership confirms the growing influence of these nontraditional sources of information for the public. The impact this technology has on the controversy surrounding media coverage of trials, especially celebrity prosecutions, provides ample fodder to ask whether current United States' media practices and the courts' regulation of these practices best serve the individuals involved, the public and the criminal justice system.Any response to this pretrial publicity explosion needs to be rethought in light of today's new world of communication. This Article analyzes and evaluates many of the current approaches used to balance pretrial publicity against the right to a fair trial and the right to privacy. Concluding these frameworks fail to adequately protect individuals' rights, the Article explores and evaluates suggestions offered by other commentators. Finally, the Article concludes by finding none of these suggestions work but proposes an alternative approach which better balances the freedom of speech, the right to a fair trial and the right to privacy, all of which should be respected as important values in our society. Susan H. Duncan http://works.bepress.com/susan_kosse/20 http://works.bepress.com/susan_kosse/20 Tue, 13 May 2008 07:11:51 PDT This short bar magazine article identifies top six writing errors to avoid. Susan H. Duncan http://works.bepress.com/susan_kosse/19 http://works.bepress.com/susan_kosse/19 Tue, 13 May 2008 06:43:32 PDT This short bar magazine article helps readers see the importance of including thesis paragraphs in their writing. The article suggests helpful tips for writing powerful thesis paragraphs. Susan H. Duncan http://works.bepress.com/susan_kosse/18 http://works.bepress.com/susan_kosse/18 Tue, 13 May 2008 06:42:05 PDT School districts can be liable for peer-on-peer harassment when the school has actual knowledge of harassment, acts with deliberate indifference, and the harassment is severe and pervasive enough to deprive a student of educational benefits. It is unclear whether a school district could ever be liable for their response to harassing behavior that occurred off school grounds and after school hours.This creates a major void in the law because off-campus student designed web pages are becoming more and more common. The web pages are highly critical of other classmates and are written in explicit, often vulgar language. This article explores the tests courts are creating for regulation of student speech and prevention of peer-on-peer harassment and the tensions that result. In light of the sheer number of such pages, this article is not just a far-flung theoretical discussion. Instead it focuses on issues that schools must confront every day. Susan H. Duncan http://works.bepress.com/susan_kosse/17 http://works.bepress.com/susan_kosse/17 Tue, 13 May 2008 06:40:28 PDT This bar magazine article examines America's response of passing laws in response to a crisis. The authors look at legislation passed during various wars and after the Oklahoma bombing tragedy. They compare these laws to legislation passed after September 11th. Susan H. Duncan http://works.bepress.com/susan_kosse/16 http://works.bepress.com/susan_kosse/16 Tue, 13 May 2008 06:38:52 PDT This article outlines the process for expedited appeals in the state of Kentucky. Susan H. Duncan http://works.bepress.com/susan_kosse/15 http://works.bepress.com/susan_kosse/15 Tue, 13 May 2008 06:37:09 PDT Pornography is the number-one business on the Internet, yet the very same Internet can be a valuable souce of knowledge for all students. Educators face many challenges in bringing the Internet into the classrooms. This article reviews recent and relevant case law on Internet access in schools, offers guidance about the writing of effective acceptable use policies, and concludes with advice to Catholic school teachers and administrators on creating an ethical climate while fully using available technology. Susan H. Duncan http://works.bepress.com/susan_kosse/14 http://works.bepress.com/susan_kosse/14 Tue, 13 May 2008 06:30:01 PDT This short essay introduces classroom teaching methodologies for legal analysis to students with various learning styles. Susan H. Duncan http://works.bepress.com/susan_kosse/13 http://works.bepress.com/susan_kosse/13 Tue, 13 May 2008 06:28:13 PDT This short bar article introduces readers to the ALWD Manual. The article identifies key differences between the Bluebook and the ALWD citation manuals. The authors suggest the ALWD manual is a more user-friendly citation tool for students, the bench and the bar. Susan H. Duncan http://works.bepress.com/susan_kosse/12 http://works.bepress.com/susan_kosse/12 Tue, 13 May 2008 06:23:50 PDT This Article examines the reasonable observer framework in Establishment Clause cases, specifically in relation to the two most recent Ten Commandments decided by the Supreme Court. Part One describes the evolution of Establishment Clause jurisprudence from the three-prong Lemon test to Justice O'Connor's endorsement test and the various definitions of a reasonable observer as applied by federal courts. Part Two summarizes the history of Ten Commandment cases in the United States Supreme Court and examines, in detail, McCreary County v. ACLU and Van Orden v. Perry, the two recent sacred text decisions. Part Three analyzes and describes the inherent problems with the reasonable observer framework. Finally, Part IV recommends the elimination of the current reasonable observer framework and proposes the adoption of a new framework which presumes an improper purpose when the government displays a sacred text. This proposed presumption of unconstitutionality test may be rebutted if the government demonstrates that the sacred text is used either in a de minimis fashion or is sufficiently narrowly tailored such that a logical connection exists between the sacred text and the surrounding theme at the site of the display. Substituting this new framework in the adjudication of sacred text cases would eliminate the current problem of different results for identical displays. Susan H. Duncan