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Full-Text Articles in Law

The Ghost Of Telecommunications Past, Philip J. Weiser May 2005

The Ghost Of Telecommunications Past, Philip J. Weiser

Michigan Law Review

When the canon for the field of information law and policy is developed, Paul Starr's The Creation of the Media will enjoy a hallowed place in it. Like Lawrence Lessig's masterful Code and Other Laws of Cyberspace, Starr's tour de force explains how policymakers have made a series of "constitutive choices" about how to regulate different information technologies that helped to shape the basic architecture of the information age. In so doing, Starr displays the same literary and analytical skill he used in writing the Pulitzer Prizewinning The Social Transformation of American Medicine, the firsthand experience he gained …


Rape Discourse In Press Coverage Of Sex Crimes, Peggy Reeves Sanday May 1993

Rape Discourse In Press Coverage Of Sex Crimes, Peggy Reeves Sanday

Michigan Law Review

A Review of Virgin or Vamp: How the Press Covers Sex Crimes


Legal Responses To Commercial Transactions Employing Novel Communications Media, John Robinson Thomas Mar 1992

Legal Responses To Commercial Transactions Employing Novel Communications Media, John Robinson Thomas

Michigan Law Review

This Note analyzes contemporary business practices and specific characteristics of the new media, and suggests a judicial response consonant with courts' approaches to the earlier technologies of telegraphy and teletype. Part I examines the effect of the Statute of Frauds and rules of authentication upon contracts formed using these media. It concludes that documents produced by telefacsimile and electronic mail systems should be considered ordinary writings. Part II considers the Best Evidence Rule and argues that telefacsimiles and electronic mail transmissions should be considered the best evidence of the contract they memorialize. Part III evaluates doctrines of liability allocation in …


Actual Malice: Twenty-Five Years After Times V. Sullivan, David G. Wille May 1991

Actual Malice: Twenty-Five Years After Times V. Sullivan, David G. Wille

Michigan Law Review

A Review of Actual Malice: Twenty-Five Years After Times v. Sullivan. by W. Wat Hopkins


American Broadcasting And The First Amendment, René L. Todd May 1989

American Broadcasting And The First Amendment, René L. Todd

Michigan Law Review

A Review of American Broadcasting and the First Amendment by Lucas A. Powe, Jr.


The Electronic Commonwealth: The Impact Of New Media Technologies On Democratic Politics, Gregory T. Everts May 1989

The Electronic Commonwealth: The Impact Of New Media Technologies On Democratic Politics, Gregory T. Everts

Michigan Law Review

A Review of The Electronic Commonwealth: The Impact of New Media Technologies on Democratic Politics by Jeffrey B. Abramson, F. Christopher Arterton, and Gary R. Orren


Questioning Broadcast Regulation, Jonathan Weinberg May 1988

Questioning Broadcast Regulation, Jonathan Weinberg

Michigan Law Review

A Review of Seven Dirty Words and Six Other Stories: Controlling the Content of Print and Broadcast by Matthew L. Spitzer


Suing The Press: Libel, The Media, And Power, Michael L. Chidester May 1987

Suing The Press: Libel, The Media, And Power, Michael L. Chidester

Michigan Law Review

A Review of Suing the Press: Libel, the Media, and Power by Rodney A. Smolla


Misregulating Television: Network Dominance And The Fcc, Robert R. Morse Jr. Apr 1986

Misregulating Television: Network Dominance And The Fcc, Robert R. Morse Jr.

Michigan Law Review

A Review of Misregulating Television: Network Dominance and the FCC by Stanley M. Besen, Thomas G. Krattenmaker, A. Richard Metzger, Jr. and John R. Woodbury


News Of Crime: Courts And Press In Conflict, Michigan Law Review Feb 1985

News Of Crime: Courts And Press In Conflict, Michigan Law Review

Michigan Law Review

A Review of News of Crime: Courts and Press in Conflict by J. Edward Gerald


The Press And The Public Interest: An Essay On The Relationship Between Social Behavior And The Language Of First Amendment Theory, Lee C. Bollinger May 1984

The Press And The Public Interest: An Essay On The Relationship Between Social Behavior And The Language Of First Amendment Theory, Lee C. Bollinger

Michigan Law Review

I would like to explore in this essay one aspect of the contemporary American debate over the theory of freedom of speech and press. The subject I want to address is this: whether the principle of freedom of speech and press should be viewed as protecting some personal or individual interest in speaking and writing or whether it should be seen as fostering a collective or public interest. Sometimes this issue is stated as being whether the first amendment protects a "right to speak" or a "right to hear," though in general the problem seems to be whether we should …


Free Speech And High Tech, Francis Dummer Fisher Feb 1984

Free Speech And High Tech, Francis Dummer Fisher

Michigan Law Review

A Review of Technologies of Freedom by Ithiel de Sola Pool and Teletext and Videotex in the United States: Market Potential, Technology, Public Policy Issues by John Tydeman, Hubert Lipinski, Richard P. Adler, Michael Nyhan and Laurence Zwimpfer.


Over The Wire And On Tv: Cbs And Upi In Campaign '80, Michigan Law Review Feb 1984

Over The Wire And On Tv: Cbs And Upi In Campaign '80, Michigan Law Review

Michigan Law Review

A Review of Over the Wire and On TV: CBS and UPI in Campaign '80 by Michael J. Robinson and Margaret A. Sheehan


The Power Of The Fcc To Regulate Newspaper-Broadcast Cross-Ownership: The Need For Congressional Clarification, Michigan Law Review Aug 1977

The Power Of The Fcc To Regulate Newspaper-Broadcast Cross-Ownership: The Need For Congressional Clarification, Michigan Law Review

Michigan Law Review

The controversy surrounding the FCC's Second Report and . Order, its appeal, and the subsequent decision in NCCB raises basic questions concerning the statutory authority of the FCC to promulgate rules concerning newspaper-broadcast cross-ownership. This Note suggests that the FCC, notwithstanding judicial affirmation in NCCB of the Commission's authority to adopt such rules, might well be exercising more authority than Congress intended it to possess under the Communications Act of 1934. This Note therefore concludes that, irrespective of the merits of the Second Report and Order, Congress should reexamine and clarify the scope of the FCC's power in this regard.


Freedom Of The Press And Public Access: Toward A Theory Of Partial Regulation Of The Mass Media, Lee C. Bollinger Jr. Jan 1976

Freedom Of The Press And Public Access: Toward A Theory Of Partial Regulation Of The Mass Media, Lee C. Bollinger Jr.

Michigan Law Review

The purpose of this article is to examine critically these decisions and to explore whether there is any rational basis for limiting to one sector of the media the legislature's power to impose access regulation. The article takes the position that the Court has pursued the right path for the wrong reasons. There is a powerful rationality underlying the current decision to restrict regulatory authority to broadcasting, but it is not, as is commonly supposed, that broadcasting is somehow different in principle from the print media and that it therefore is not deserving of equivalent first amendment treatment. As will …


The Expanding Constitutional Protection For The News Media From Liability For Defamation: Predictability And The New Synthesis, Michigan Law Review Aug 1972

The Expanding Constitutional Protection For The News Media From Liability For Defamation: Predictability And The New Synthesis, Michigan Law Review

Michigan Law Review

The tort of defamation has a long and complex history dating back to the sixteenth century. Though this tort from the very beginning did not find favor with the law courts, it has managed to survive into the second half of the twentieth century. But this survival may not endure much longer since the Supreme Court has found a deep conflict between the law of defamation and the first amendment. The reasons for this conflict and the Supreme Court's basic resolution of it in favor of first amendment values have been the subject of much scholarly comment, but the Court's …


Friendly & Goldfarb: Crime An Publicity: The Impact Of News On The Administration Of Justice, Francis C. Sullivan Mar 1968

Friendly & Goldfarb: Crime An Publicity: The Impact Of News On The Administration Of Justice, Francis C. Sullivan

Michigan Law Review

A Review of Crime and Publicity: The Impact of News on the Administration of Justice by Alfred Friendly and Ronald L. Goldfarb


Constitutional Law-Freedom Of The Press-Right Of News Media Personnel To Refuse To Disclose Confidenial Sources Of Information, Francis X. Beytagh Jr., S.Ed Nov 1962

Constitutional Law-Freedom Of The Press-Right Of News Media Personnel To Refuse To Disclose Confidenial Sources Of Information, Francis X. Beytagh Jr., S.Ed

Michigan Law Review

A former personnel director of a local Civil Service Commission instituted an action for reinstatement to that position, alleging that her recent ouster was illegal. In preparing for trial, defendant commission members took the deposition of a reporter for a local newspaper. Appellant reporter stated on direct examination that his suspicions regarding a contemplated attempt to fire plaintiff were in part based on certain information received from a confidential source. On pre-trial cross-examination appellant refused to disclose the source of this information, and plaintiff obtained a court order directing him to do so. On interlocutory appeal, held, order affirmed, …


Freedom Of Speech And Of The Press In War Time The Espionage Act, Thomas F. Carroll Jun 1919

Freedom Of Speech And Of The Press In War Time The Espionage Act, Thomas F. Carroll

Michigan Law Review

The Imperial German Government had never made a secret of its willingness to encourage disloyalty among the citizens and subjects of Germany's enemies. It had officially announced: "Bribery of enemies' subjects, acceptance of offers of treachery, utilization of discontented elements in the population, support of pretenders and the like are permissible; indeed, international law is in no way opposed to the exploitation of the crimes of third parties."'