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= "Emerging Markets and the Digitization of the Film Industry An analysis of the 2012 UIS International Survey of Feature Film Statistics" (August 2013) =
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huhtikuuta 10, 2026

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huhtikuuta 10, 2026

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"White examines the hold of analogical reasoning on the legal imagination by assessing the way courts responded to innovations in the social world. The two examples that are the subject of this essay are the treatment of radio and motion pictures in the early part of the twentieth century. He looks at how law responded to these innovations and, in particular, how courts responded to challenges to efforts to impose a regulatory regime on them. The drive to regulate emerged from a particular awareness of the media’s mass quality and the immediacy of the effects they created; in addition, it was fueled by the Progressive Era’s tendency to approve regulation by experts as a way of addressing social concerns. Yet these regulations, at least from the perspective of today, raise serious First Amendment issues. White examines cases challenging regulation to show that analogical reasoning was used to construct a legal history in such a way as to justify regulation in spite of the First Amendment. In the case of film, courts constructed such a history by categorizing it as a form of property. Like property, film might be used to do “evil.” Courts then conjured the history of the “police powers” by which states could invoke their powers to protect the morals of the public. In addition, they brought the regulation of film within the history of administrative law and, as a result, focused only on the nature of the legislative delegation involved. Having established framework of analogies, courts then were able to bring to bear the relevant precedents. In their treatment of those cases they tended to anticipate the position of Marshall in “Payne”, insisting on the value of consistency and continuity of law’s doctrinal structure."

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"It could be that today's conservative movement remains in thrall to the same narrative that has defined its attitude toward film and the arts for decades. Inspired by feelings of exclusion after Hollywood and the popular culture turned leftward in the '60s and '70s, this narrative has defined the film industry as an irredeemably liberal institution toward which conservatives can only act in opposition—never engagement. Ironically, this narrative ignores the actual history of Hollywood, in which conservatives had a strong presence from the industry's founding in the early 20th century up through the '40s, '50s and into the mid-'60s]. The conservative Hollywood community at that time included such leading directors as Howard Hawks, Frank Capra, and Cecil B. DeMille, and major stars like John Wayne, Clark Gable, and Charlton Heston. These talents often worked side by side with notable Hollywood liberals like directors Billy Wilder, William Wyler, and John Huston, and stars like Humphrey Bogart, Lauren Bacall, and Spencer Tracy. The richness of classic Hollywood cinema is widely regarded as a testament to the ability of these two communities to work together, regardless of political differences. As the younger, more left-leaning "New Hollywood" generation swept into the industry in the late '60s and '70s, this older group of Hollywood conservatives faded away, never to be replaced. Except for a brief period in the '80s when the Reagan Presidency led to a conservative reengagement with film—with popular stars like Clint Eastwood, Sylvester Stallone, and Arnold Schwarzenegger making macho, patriotic action films—conservatives appeared to abandon popular culture altogether. In the wake of this retreat, conservative failure to engage with Hollywood now appears to have been recast by today's East Coast conservative establishment into a generalized opposition toward film and popular culture itself. In the early '90s, conservative film critic Michael Medved codified this oppositional feeling toward Hollywood in his best-selling book Hollywood vs. America."

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"It would probably not be beyond human ingenuity to write books by machinery. But a sort of mechanizing process can already be seen at work in the film and radio, in publicity and propaganda, and in the lower reaches of journalism. The Disney films, for instance, are produced by what is essentially a factory process, the work being done partly mechanically and partly by teams of artists who have to subordinate their individual style. Radio features are commonly written by tired hacks to whom the subject and the manner of treatment are dictated beforehand: even so, what they write is merely a kind of raw material to be chopped into shape by producers and censors. So also with the innumerable books and pamphlets commissioned by government departments. Even more machine-like is the production of short stories, serials, and poems for the very cheap magazines. Papers such as the Writer abound with advertisements of literary schools, all of them offering you ready-made plots at a few shillings a time. Some, together with the plot, supply the opening and closing sentences of each chapter. Others furnish you with a sort of algebraical formula by the use of which you can construct plots for yourself. Others have packs of cards marked with characters and situations, which have only to be shuffled and dealt in order to produce ingenious stories automatically. It is probably in some such way that the literature of a totalitarian society would be produced, if literature were still felt to be necessary. Imagination — even consciousness, so far as possible — would be eliminated from the process of writing. Books would be planned in their broad lines by bureaucrats, and would pass through so many hands that when finished they would be no more an individual product than a Ford car at the end of the assembly line. It goes without saying that anything so produced would be rubbish; but anything that was not rubbish would endanger the structure of the state. As for the surviving literature of the past, it would have to be suppressed or at least elaborately rewritten."

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"Until about the mid-1930s, law in film was an authoritative and neutral process—a formal and almost religious space—in which truth could be revealed or justice done through heavy-handed elites. Starting from the late-1930s until the post-WWII period—the "film noir" period—film depicted an underside of law, corruption, and unreasonable attachment to formality at the expense of justice. There are a lot of films from this time that depict legal heroes that flout the law to make sure the truth comes out and that depict mobs taking over both the legal process and civil society. In the mid-1950s onward, classical Hollywood cinema took over with its brighter depiction of the promise of law to help the everyday person. It is an evolution that sounds in grassroots democracy, the value of juries, and the promise of individuals to make a difference working within the system. From the late-1980s, many law films were ahead of their time in terms of civil rights, depicting African American judges, female litigators, and a legal system that is open and sufficiently self-reflective to incorporate criticism into its pursuit of justice. You might think of Philadelphia, with Tom Hanks and Denzel Wasghinton, as one of these films, or A Few Good Men, with Demi Moore as Lt. Cmdr. Joanne Galloway and J.A. Preston as Judge Julius Alexander Randolf. TV has followed a similar arc, but with more police serials than courtroom dramas. As you can see from these periods, the themes of film track and help constitute U.S. socio-political culture."

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