Tag Archives | Students

Cleary Competition Winners Announced

Elias Wright

The UNC Center for Media Law and Policy is thrilled to announce the winners of the second annual James R. Cleary Prize for students who wrote the best published scholarly articles on media law and policy related topics in 2019.

This year’s first place winner is Elias Wright, a 2020 graduate of Fordham University School of Law, for his article, “The Future of Facial Recognition Is Not Fully Known: Developing Privacy and Security Regulatory Mechanisms for Facial Recognition in the Retail Sector,” which was published in the Fordham Intellectual Property, Media and Entertainment Law Journal. The second place winner is Sarah Koslov, a 2020 graduate of Georgetown Law School. Her article, “Incitement and the Geopolitical Influence of Facebook Content Moderation,” was published in the Georgetown Law Technology Review. The third place winner is David A. Fischer, a 2020 graduate of Columbia Law School, for his article, “Dron’t Stop Me Now: Prioritizing Drone Journalism in Commercial Drone Regulation,” which was published in the Columbia Journal of Law and the Arts. Wright will receive $1000;  Koslov will receive $500; and Fischer will receive $250.

Elias Wright is currently working as a law clerk at Katten Muchin Rosenman LLP while applying for admission to the New York Bar. His research focuses on the intersection of communications technology, law, and culture, and he is interested in how legal institutions negotiate and are transformed by sociotechnical processes.

While at Fordham, Wright served as a Project Fellow for the Center on Law and Information Policy and studied Information Law with Professor Olivier Sylvain, who was his advisor on the article. Wright was a member of the Fordham Law Review and served as a judicial intern for United States Magistrate Judge Leda Dunn Wettre of the District of New Jersey. He grew up in Montclair, New Jersey, and completed his undergraduate degree in Art History and Religion at Oberlin College in 2014.

Sarah Koslov

At Georgetown Law, Sarah Koslov was a member of the inaugural cohort of the Technology Law Scholars program. She served as the Senior Solicitations Editor for the Georgetown Law Technology Review and was a Public Interest Fellow achieving Special Pro Bono Pledge Recognition. Koslov’s interest in public policy led her to internships with the Antitrust Division of the U.S. Department of Justice, Senate Committee on Finance, and California Office of the Attorney General. She was also a Research Assistant for the Institute for Technology Law & Policy, where she focused on algorithmic fairness and disability rights.

Koslov graduated magna cum laude with a bachelor’s degree from the University of South Carolina in 2014. Prior to law school, she worked as a policy analyst for a research center in Washington, D.C., focusing on state Medicaid programs and public health insurance policy.

David A. Fischer

David A. Fischer was a Harlan Fiske Stone Scholar and the Executive Notes Editor of Volume 43 of the Columbia Journal of Law & the Arts.  While attending Columbia Law School, Fischer served as a research assistant for Professor Suzanne B. Goldberg and volunteered to teach Constitutional Law to high school students as a part of Columbia’s High School Law Institute.

During law school, Fischer was a summer associate with Latham & Watkins in New York, interned for the Knight First Amendment Institute at Columbia University, for the U.S. Attorney’s Office in the Eastern District of New York in the Criminal Division’s National Security and Cybercrime Section, and for the Hon. Eric N. Vitaliano of the U.S. District Court for the Eastern District of New York.

Prior to attending law school, Fischer worked in marketing for Viacom Media Networks. He attended Cornell University, where he graduated cum laude with a bachelor’s degree in English. He resides in New York City.

You can read more about the Cleary Prize competition here. Please check the Center’s blog for an announcement of next year’s deadline to apply.

Congratulations to the winners!

 

 

 

 

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Cleary Student Paper Competition Honors Attorney James Cleary, a Passionate Supporter of Journalism

This year marks the second year of the UNC Center for Media Law and Policy’s James R. Cleary Student Paper Competition. Cash prizes are awarded to the student authors of published papers that most creatively and convincingly propose solutions to significant problems in the field of media law and policy, including First Amendment speech and press issues.

The competition was made possible by James Cleary’s daughter, Dr. Johanna Cleary, a Ph.D. graduate of the UNC Hussman School of Journalism Media and a former Park Fellow. Kriste Patrow, a UNC Ph.D. candidate in the School, asked Dr. Cleary about her Dad and his legacy.

Q: So, can you start by telling me a little bit about the work your father did?

Cleary: Well, my Dad was in a general practice most of his life, but he always had a great interest in and passion for the media. In fact, the way he paid his way through his undergraduate degree and a lot of his law school expenses was by working in radio.

Dad, as a teenager, began working as a radio announcer in the 1940s. He worked at some smaller stations in Alabama and then a featured spot on one of the major stations in Birmingham, Alabama. His radio show, at the time he was doing it, was actually the number-one rated program in the country. He was part of a group that put the first television station on the air in Huntsville, Alabama, which was very much a growing city at the time. And he also was part of a partnership that put together the second newspaper in Huntsville.

So, he had this great love for media and a great interest in it. He also understood the importance of law to our society, and so he ultimately went on to law school and was a practicing attorney for about 56 years.

Q: What kind of work did he do as an attorney?

Cleary: Well, because my Dad was in a general practice, his media specific work was geographically determined.  Basically he was admitted to the group that could practice before the Federal Communications Commission. He did a lot of the legal work in terms of setting up the ownership for those stations, which is a pretty complicated process. So, from a very hands-on standpoint he was very committed to the importance of the media, and I think philosophically, the importance of the media to democracy. I think Dad really did believe in the Fourth Estate — that there is an important role in the press to play in preserving a democracy for us.

Q: So, he believed in the media’s role as a watchdog on government?

Cleary: The important thing that my father really believed in was an informed and educated population – the idea Aristotle had that informed people can make good decisions for themselves. That being informed just doesn’t happen by magic. There is a lot of work that goes into that: Work both on the part of the media and the part of the public, the consuming public.

Q: Can you tell me a bit about what inspired you to donate to the UNC Center for Media Law and Policy in particular?

Cleary: I am a product of the doctoral program there, and I was very fortunate to receive one of the Park Fellowships. So, I was very grateful to the School and to the Park family for having that opportunity. I could have gone to any number of different initiatives, but I knew the national reputation of the media law program there. I knew the individuals involved with the Center’s leadership there and certainly have the highest of opinions of them.

The Center was kind of getting up and running really at the time that my Dad visited UNC when I graduated. So, he had an idea of the quality of the program there. I think he highly approved of what was being done there and where they were going.

The importance of the press to our democracy just can’t be overstated and neither can the role that media law plays in making sure that stays the case. I mean, this isn’t just something that happens by luck and chance.

So, it was a collection of a lot of things. It just seemed to be the perfect match. I’m very pleased that they had the idea of creating this award in honor of my father. That’s very meaningful.

Q: What are your hopes for the Cleary Award moving forward?

Cleary:  That’s a good question. I think people are looking toward the emerging scholars to say “Where do we go? What are the things we need to know? What are the rules that we need to come up with? Where do we leave it alone? Where do we need to roll up our sleeves and get involved?” This time, more so than any I remember, students have the opportunity to shape the future. My hope for the award is that it will recognize the impact that student scholars are already having and encourage the potential they have to shape, certainly the media field, but really our democracy to a large extent.

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The James R. Cleary Prize for Student Media Law and Policy Research 2019 Competition

The UNC Center for Media Law and Policy is now accepting submissions for the James R. Cleary Prize.  The annual award competition, which highlights the best student-authored scholarly articles on media law and policy related topics, honors the legacy of James R. Cleary, an attorney who practiced for 56 years in Huntsville, Ala.  He was particularly interested in the communications field and media law issues.  Cleary’s daughter, Johanna Cleary, is a 2004 Ph.D. graduate of the UNC Hussman School of Journalism and Media.

You can read about last year’s winners, Austin Vining, a joint JD/Ph.D. student at the University of Florida Levin College of Law and College of Journalism and Communications, and Alexandra Baruch Bachman, from the University of North Carolina School of Law, here.

The prize competition is open to all college and university students. Up to three winners will be selected, with a first prize of $1,000, a second prize of $500, and a third prize of $250. The prizes will be awarded to the authors of published papers that most creatively and convincingly propose solutions to significant problems in the field of media law and policy, including First Amendment speech and press issues. All methodologies are welcome.

The new deadline for submission is April 15, 2020.

Rules

  1. The author of the submitted publication must have been enrolled in a graduate or undergraduate degree-granting program in the United States at the time the article was accepted for publication. This includes, but is not limited to, students enrolled in M.A. and Ph.D. programs, law school (including J.D., LL.M., and J.S.D. candidates), and other professional schools (including M.B.A. candidates).
  2. The submitted paper must have been published in a law review or peer-reviewed journal during the 2019 calendar year.
  3. Each student may submit only one entry.
  4. Jointly authored papers are eligible, provided all authors meet the eligibility requirements for the competition. If a winning paper has more than one author, the prize will be split equally among the co-authors. No work with a faculty co-author will be considered.
  5. Each entry must be the original work of the listed author(s). The author(s) must perform all of the key tasks of identifying the topic, researching it, analyzing it, formulating positions and arguments, and writing and revising the paper.
  6. Papers will be evaluated based on a number of factors, including thoroughness of research and analysis, relevance to the competition topic, relevance to current legal and/ or public policy debates, originality of thought, and clarity of expression.
  7. The prize will be monetary. Winners will be required to submit a completed W-9, affidavit of eligibility, tax acknowledgment and liability release for tax purposes as a condition of receiving the cash prize.
  8. In the unlikely event that entries are of insufficient quality to merit an award, the Center for Media Law and Policy reserves the right not to award some or all of the prizes.

Submission Process

  • All entries must be received by 11:59 p.m. EST on March 15, 2020.
  • Entries must be sent via email to medialaw[at]unc.edu with the following in the subject line: “James R. Cleary Prize Submission: [Name of Author]”
  • Papers should be submitted in Portable Document Format (.pdf).
  • Entries MUST include a signed cover sheet that may be downloaded from the Center for Media Law Policy’s website here.

A review committee comprised of faculty and affiliates from the UNC Center for Media Law and Policy will review the submissions and determine the winning paper(s). The decisions of the committee are final. Winners will be notified and final results will appear on the Center’s website in late spring. Due to the large number of expected entries, the Center cannot contact all non-winning entrants.

For more information, please visit our Cleary Competition page. Submit your research to win this award!

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What Germany May Teach Us About Platform Regulation

I recently returned from three weeks as the Distinguished Visiting Professor in Media Studies at the University of Tübingen in Germany, where I taught a seminar on international platform regulation to a small group of German undergraduates.

In theory, I taught them. In reality, they taught me as much if not more about the current state of global platform regulation. And that’s not surprising, given how fast the discussions about regulation are moving and how immersed German students are in their online and offline communities.

The invitation to spend time with students at Tübingen’s Institute of Media Studies is part of the UNC Center for Media Law & Policy’s expanding efforts to understand and include global perspectives in media law at a time of rapid and increasing change. (It was also thanks to our growing relationship with UNC Global and their work to support the UNC – Tübingen partnership and to our terrific host, Dr. Guido Zurstiege.) Traditional libertarian perspectives that underlie the First Amendment and much of U.S. case law are on the defensive thanks to growing political polarization and online forces that are manipulating the speech environment.

As the United States debates whether to revise the part of the Communications Decency Act (CDA) known as Sec. 230, (the provision of federal law that was adopted in 1996 to incentivize good faith efforts by media platforms to address online harms and in return receive protections from liability), the European Union (EU) and Germany, in particular, are not waiting.

My conversations with students and scholars in Tübingen repeatedly focused on what holds the U.S. back from moving forward with Sec. 230 reform and what countries like Germany are already doing to demand more accountability from platforms like Facebook and Twitter. With Germany’s hate speech regulation history, it is not surprising to find the discussion there focused on “why” and “how” – not “if” and “when,” as it is here in the States.

To be sure, Tübingen students did express concerns about collateral censorship and the EU’s adoption of Article 13, a measure that will hold platforms more accountable for infringing content. But in terms of addressing the real and tangible harms of hate and radicalization online, there is no question: Germany and the EU have already moved quite aggressively.

Indeed, while I was in Germany and later, when I traveled to France to present at the World Journalism Educators Conference, both countries made a flurry of announcements.

In Germany, the Bundesamt für Justiz, Germany’s Federal Office of Justice, announced it would fine Facebook €2 million for allegedly failing to comply with how it reports the number of hate speech complaints it gets, part of the obligations set out in Germany’s NetzDG law. France followed Germany’s lead and passed landmark legislation to fight hate speech; it also now requires U.S. tech platforms to remove “hateful” content within 24 hours and create a new button for users to flag abuse.

The message was clear: Germany and others aren’t waiting for the U.S. to figure things out.

 

 

 

 

 

 

 

 

 

 

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Winners of the Inaugural James R. Cleary Prize Announced

The UNC Center for Media Law and Policy is thrilled to announce the winners of the inaugural James R. Cleary Prize for students who wrote the best published scholarly articles on media law and policy related topics in 2018.

This year’s first place winner is Austin Vining, a joint JD/Ph.D. student at the University of Florida Levin College of Law and College of Journalism and Communications, for his Mississippi Law Review article “Trick or Treat?: Mississippi County Doesn’t Clown Around With Halloween Costumes.” The second place winner is Alexandra Baruch Bachman, who graduated from the University of North Carolina School of Law in May 2019. Her article was titled “WTF? First Amendment Implications of Policing Profanity” and was published in the First Amendment Law Review. Vining will receive a $1,000 prize, and Baruch Bachman will receive a $500 prize.

The award honors the legacy of James R. Cleary, an attorney who practiced for 56 years in Huntsville, Ala.  He was particularly interested in the communications field and media law issues.  Cleary’s daughter, Johanna Cleary, is a 2004 Ph.D. graduate of the UNC School of Media and Journalism.

Vining has researched freedom of information laws, shield laws, defamation, fake news, anti-masking laws, and nonconsensual pornography. He teaches media law and is a graduate research fellow at the Brechner First Amendment Project. He is a member of the Florida Law Review, and he serves as Chair of the Board of Directors for the Independent Florida Alligator.

Previously, Vining was a journalist for the Oxford Eagle and the Vicksburg Post, both in Mississippi. He is a former legislative intern for U.S. Senator Mary Landrieu and a former legal intern for Reporters Committee for Freedom of the Press.

Vining has bachelor’s degrees in journalism and psychology from Louisiana Tech University, where he served as editor-in-chief of the student newspaper. He earned a master’s degree in journalism from the University of Mississippi, where he was a graduate assistant at the Mississippi Scholastic Press Association.

Baruch Bachman grew up in Setauket, New York, and completed her undergraduate degree in English and Foreign Language at the University of Delaware in December 2015. At the University of Delaware, she served as staff writer and editor-in-chief of the student publication, DEconstruction.

While at Carolina Law, Baruch Bachman served as a staff writer and notes editor for the First Amendment Law Review (FALR). She now resides in Charlotte, North Carolina.

You can read more about the Cleary Prize competition here. Please check the Center’s blog for an announcement of next year’s deadline.

Congratulations to both winners!

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