Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (53)
- Maurer School of Law: Indiana University (12)
- BLR (3)
- Selected Works (3)
- Georgetown University Law Center (2)
-
- American University Washington College of Law (1)
- Fordham Law School (1)
- Pepperdine University (1)
- Roger Williams University (1)
- SJ Quinney College of Law, University of Utah (1)
- SelectedWorks (1)
- The Catholic University of America, Columbus School of Law (1)
- University of Georgia School of Law (1)
- University of Massachusetts School of Law (1)
- University of Mississippi (1)
- Wayne State University (1)
- Publication Year
- Publication
-
- Michigan Law Review (19)
- University of Michigan Journal of Law Reform (13)
- Federal Communications Law Journal (8)
- Michigan Law Review First Impressions (6)
- Michigan Telecommunications & Technology Law Review (4)
-
- Articles (3)
- ExpressO (3)
- Indiana Law Journal (3)
- Michigan Journal of International Law (3)
- Michigan Journal of Race and Law (3)
- Georgetown Law Faculty Publications and Other Works (2)
- Articles by Maurer Faculty (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Casey J Cooper (1)
- Catholic University Journal of Law and Technology (1)
- Erik Ugland (1)
- Faculty Publications (1)
- Faculty Scholarship (1)
- Georgia Journal of International & Comparative Law (1)
- Jodi Benassi (1)
- Law Faculty Research Publications (1)
- Life of the Law School (1993- ) (1)
- Michigan Journal of Gender & Law (1)
- Pepperdine Dispute Resolution Law Journal (1)
- Reviews (1)
- Richard J. Peltz-Steele (1)
- Utah Law Faculty Scholarship (1)
- Venture: The University of Mississippi Undergraduate Research Journal (1)
- Publication Type
Articles 31 - 60 of 84
Full-Text Articles in Law
Access To Audiences As A First Amendment Right: Its Relevance And Implications For Electronic Media Policy, Philip M. Napoli, Sheea T. Sybblis
Access To Audiences As A First Amendment Right: Its Relevance And Implications For Electronic Media Policy, Philip M. Napoli, Sheea T. Sybblis
ExpressO
When the issue of speakers’ rights of access arises in media regulation and policy contexts, the focus typically is on the concept of speakers’ rights of access “to the media,” or “to the press.” This right usually is premised on the audience’s need for access to diverse sources and content. In contrast, in many non-mediated contexts, the concept of speakers’ rights of access frequently is defined in terms of the speaker’s own First Amendment right of access to audiences. This paper explores the important distinctions between these differing interpretations of a speaker’s access rights and argues that the concept of …
Representing The Media At Trial, Joseph A. Tomain, Richard M. Goehler, Amanda G. Main
Representing The Media At Trial, Joseph A. Tomain, Richard M. Goehler, Amanda G. Main
Articles by Maurer Faculty
No abstract provided.
Digital Wars -- Legal Battles And Economic Bottlenecks In The Digital Information Industries, Curt A. Hessler
Digital Wars -- Legal Battles And Economic Bottlenecks In The Digital Information Industries, Curt A. Hessler
ExpressO
The Digital Age has spawned major legal battles over the fundamental principles of intellectual property law and antitrust law. These diverse struggles can best be analyzed using the basic norm of "value added" from neo-classical normative economics. This analysis suggests that current intellectual property doctirnes provide excessive protection and current antitrust doctrines remain awkward in dealing with the cross-market leveraging of monopoly power in the presence of "natural monopolies" created by network effects.
A Shadow Government: Private Regulation, Free Speech, And Lessons From The Sinclair Blogstorm, Marvin Ammori
A Shadow Government: Private Regulation, Free Speech, And Lessons From The Sinclair Blogstorm, Marvin Ammori
Michigan Telecommunications & Technology Law Review
Because of the economics of online information, thousands who do not know each other can band together in hours, without previous organizational coordination or any persistent central coordination, to affect others and conform society to their idea of the social good. This changes the dynamic of political action and the ability of unaffiliated, lone individuals to respond to social acts where government and the market have not. Through ad hoc volunteerism, the Sinclair participants produced regulatory action against a private party with whom they were not transacting--because they believed government failed to do so. Although ad hoc volunteerism has received …
The Ghost Of Telecommunications Past, Philip J. Weiser
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 …
Reparations Talk In College, Alfred L. Brophy
Reparations Talk In College, Alfred L. Brophy
Michigan Journal of Race and Law
Review of Uncivil Wars: The Controversy Over Reparations for Slavery by David Horowitz
Covering Women And Violence: Media Treatment Of Vawa's Civil Rights Remedy, Sarah F. Russell
Covering Women And Violence: Media Treatment Of Vawa's Civil Rights Remedy, Sarah F. Russell
Michigan Journal of Gender & Law
This Article analyzes how newspapers described and characterized the civil rights provision over the past decade and shaped the public discourse about the law. The author examines how lower federal courts, and eventually the Supreme Court, categorized the VAWA remedy when deciding whether Congress had acted within its commerce powers. After considering why there may have been resistance in the press and in the courts to VAWA's categorization of violence against women as a civil rights issue, the author concludes by examining the remedies that have been introduced at the state and local level for victims of gender-motivated violence, and …
The Digital Dilemma: Ten Challenges Facing Minority-Owned New Media Ventures, Marcelino Ford-Livene
The Digital Dilemma: Ten Challenges Facing Minority-Owned New Media Ventures, Marcelino Ford-Livene
Federal Communications Law Journal
Minority-owned companies competing in print publishing, radio, broadcast television, cable, and telecommunications industries have had no shortage of challenges, setbacks, and failures. Minority-owned companies are struggling to stake a claim in the new media frontier. Some challenges they face are unique to the underlying technology, uncertainty, and international reach of the Web. There should be a sense of urgency with respect to minority participation on the Web. If the promise of broadband leads to new media outlets that are profitable and more dynamic than traditional media, then minorities cannot afford to be left out.
Forum: New Approaches to Minority Media …
Self-Regulation And The Media, Angela J. Campbell
Self-Regulation And The Media, Angela J. Campbell
Federal Communications Law Journal
Self-regulation has been portrayed as superior to government regulation for addressing problems of new media such as digital television and the Internet. This Article reviews the literature on self-regulation to define what is meant by the term, to identify the purported advantages and disadvantages of self-regulation, and to identify the conditions needed for its success. It then analyzes the effectiveness of self-regulation by examining instances where self-regulation has been employed in connection with media. After describing and analyzing past uses of self-regulation in broadcasting, children’s advertising, news, alcohol advertising, comic books, movies, and video games, this Article concludes that self-regulation …
In Search Of A Smoking Gun: Tortious Interference With Nondisclosure Agreements As An Obstacle To Newsgathering, Mark J. Chasteen
In Search Of A Smoking Gun: Tortious Interference With Nondisclosure Agreements As An Obstacle To Newsgathering, Mark J. Chasteen
Federal Communications Law Journal
In November 1995, the prominent CBS newsmagazine 60 Minutes refrained from broadcasting an important interview with a former vice president of Brown & Williamson for fear of being liable for tortiously interfering with a confidentiality agreement between the employee and the tobacco company. This event illustrates a new concern facing media: specifically whether liability arises from broadcasting information that would be considered protected speech had the source not been a party to a nondisclosure agreement. It also illustrates an area of First Amendment jurisprudence that is as yet uncharted and for which there is no established standard that is easily …
Einstein's Hair, Jonathan A. Franklin
Einstein's Hair, Jonathan A. Franklin
Michigan Journal of International Law
Review of From Privacy Toward a New Intelletual Property Right in Persona: The Right of Publicity (United States) and Portrait Law (Netherlands) Balanced with Freedom of Speech and Free Trade Principles by Julius C.S. Pinckaers
Enlightenment, Donald J. Herzog
Enlightenment, Donald J. Herzog
Articles
It's a curious broadside, a work of austere graphics and polite prose far removed from the mischievous engravings and bawdy ballads usually appearing on such sheets. Drawn from an address that 345 printers had signed and 138 had presented to the queen, the original text was committed to parchment "and accompanied by a Copy surperbly printed on white Satin, edged with white Silk Fringe, backed with purple Satin, and mounted in an Ivory Roller with appropriate Devices." Even in the published version, the arch is full of intricately detailed work. The printers took pride in their craftmanship: "This Specimen of …
Fame, Roberta Rosenthal Kwall
The Big Chill: Third-Party Documents And The Reporter's Privilege, Bradley S. Miller
The Big Chill: Third-Party Documents And The Reporter's Privilege, Bradley S. Miller
University of Michigan Journal of Law Reform
In the wake of Philip Morris' multi-billion dollar libel suit against ABC, a Virginia court has sanctioned a new method of discovery that promises to have an unsettling impact on the reporter's privilege to protect confidential sources. In Philip Morris Cos. v. American Broadcasting Cos., the tobacco giant moved to compel disclosure of the identity of a former R.J. Reynolds manager who suggested on ABC's Day One news program that tobacco companies add nicotine to the cigarettes they manufacture. At the same time, Philip Morris issued subpoenas for the expense records of two ABC employees who wrote and produced …
The O.J. Simpson Verdict: A Lesson In Black And White, Christo Lassiter
The O.J. Simpson Verdict: A Lesson In Black And White, Christo Lassiter
Michigan Journal of Race and Law
This article is an attempt to analyze the O.J. Simpson verdict and the press coverage of it, to suggest ways not only of improving criminal justice in a diverse community, but also of improving press coverage of criminal justice in a diverse community. Part Two of this essay is subdivided into two sections. The first section surveys the op-ed pages of major newspapers to evaluate the analysis of, and the commentary on, the O.J. Simpson verdict. The second section deconstructs the press' spin on the verdict. Part Three of this article discusses the role of a jury and proof beyond …
Turner Broadcasting, The First Amendment , And The New Electronic Delivery Systems, Henry Geller
Turner Broadcasting, The First Amendment , And The New Electronic Delivery Systems, Henry Geller
Michigan Telecommunications & Technology Law Review
After ducking the issue of the First Amendment status of cable television for years, the United States Supreme Court rendered its most important decision concerning the regulation of the new electronic media in Turner Broadcasting, Inc. v. FCC. Turner involved the constitutionality of the "must-carry" provisions of the 1992 Cable Act (the "Act" or "Cable Act") which require cable systems to carry specified local broadcast television stations. While cable television began over four decades ago as a community antenna service, it changed drastically after the advent of satellite in the mid-1970's to also provide scores of satellite-delivered programs and to …
A Law Antecedent And Paramount, Fred H. Cate
A Law Antecedent And Paramount, Fred H. Cate
Federal Communications Law Journal
No abstract provided.
Information Superhighway Or Technological Sewer: What Will It Be?, Robert W. Peters
Information Superhighway Or Technological Sewer: What Will It Be?, Robert W. Peters
Federal Communications Law Journal
No abstract provided.
"Even My Own Mother Couldn't Recognize Me": Television News And Public Understanding, Jane Rhodes
"Even My Own Mother Couldn't Recognize Me": Television News And Public Understanding, Jane Rhodes
Federal Communications Law Journal
Broadcast journalists face conflicting responsibilities: the need to attract a large audience through visually entertaining products versus the need to present information that enhances public understanding. The Author argues that the media's social responsibility has become blurred in recent years as competition within the broadcast industry has increased. To keep the ratings up, many journalists are trying to force information into catchy sound bites without thinking about how such dissemination distorts that information. The Author argues that in spite of the increasing competition faced by broadcast journalists, they need to examine their professional practice and personal biases closely, with an …
Starting From Scratch: The First Amendment Reporter-Source Privilege And The Doctrine Of Incidental Restrictions, Marcus A. Asner
Starting From Scratch: The First Amendment Reporter-Source Privilege And The Doctrine Of Incidental Restrictions, Marcus A. Asner
University of Michigan Journal of Law Reform
This Note examines reporters' claims to a First Amendment reporter-source privilege in light of First Amendment doctrine as a whole. Part I briefly explains the current state of reporter-source privileges and the policies behind them. Part II then attempts to identify doctrinal support for the press's claim to a First Amendment privilege. Part II rejects the notion that the First Amendment affords special protection to the press as an institution. A reporter's status as a member of the institutional media is not irrelevant, however, and the well-established principle that the government may not target or single out the press for …
Rape Discourse In Press Coverage Of Sex Crimes, Peggy Reeves Sanday
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
Reporting The Truth And Setting The Record Straight: An Analysis Of U.S. And Japanese Libel Laws, Ellen M. Smith
Reporting The Truth And Setting The Record Straight: An Analysis Of U.S. And Japanese Libel Laws, Ellen M. Smith
Michigan Journal of International Law
This Note argues that U.S. courts and lawmakers should adopt some aspects of Japanese libel law. Part I compares the balances struck in U.S. and Japanese libel law between promoting press freedoms and protecting individual interests. Part II focuses on the extent to which each system succeeds in addressing the objectives of encouraging aggressive, accurate reporting, and compensating libel victims. Finally, Part III proposes a new U.S. libel standard that would adopt, with some modifications, key elements of Japanese libel law without running afoul of established U.S. constitutional requirements.
Legal Responses To Commercial Transactions Employing Novel Communications Media, John Robinson Thomas
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
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
Electronic Media Access To Federal Courtrooms: A Judicial Response, Laralyn M. Sasaki
Electronic Media Access To Federal Courtrooms: A Judicial Response, Laralyn M. Sasaki
University of Michigan Journal of Law Reform
This Note examines the ongoing electronic media access dispute and suggests methods to establish access. Because reform of current law would be implemented largely at the judicial "front lines"-the 700-plus U.S. district judges' courtrooms ---the concerns and desires of district judges are of primary importance to any proposed change. The survey documented an institutional resistance to an expanded media presence in federal courtrooms; this institutional inertia may be the strongest single reason that change has not occurred. Part I of this Note presents the federal rules, canons, and resolutions comprising the current prohibition against video and audio-equipment access, as well …
The Supreme Court In Politics., Terrance Sandalow
The Supreme Court In Politics., Terrance Sandalow
Reviews
Despite all that has been written about the bitter struggle initiated by President Reagan's nomination of Robert Bork to a seat on the Supreme Court, its most remarkable feature, that it was waged over a judicial appointment, has drawn relatively little comment. Two hundred years after the Philadelphia Convention, Hamilton's "least dangerous" branch - least dangerous because it would have "no influence over either the sword or the purse, no direction either of the strength or the wealth of the society, and can take no active resolution whatever"'-had come to occupy so important a place in the nation's political life …
Libel Reform: An Appraisal, C. Thomas Dienes
Libel Reform: An Appraisal, C. Thomas Dienes
University of Michigan Journal of Law Reform
Today, I am going to talk about the law of libel. A major part of my work at U.S. News is prepublication review of U.S. News and World Report and The Atlantic. I make difficult decisions such as assessing the risk that the Ayatollah Khomeini might sue the magazine for libel. I am not sure if you can libel the Ayatollah, but be careful if you do-he has very potent remedies. I will not focus on the law of libel as it is practiced in Michigan or in other states today. Instead, I want to examine proposals for the …
American Broadcasting And The First Amendment, René L. Todd
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
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
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