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Full-Text Articles in Law
Wiretapping The Internet: The Expansion Of The Communications Assistance To Law Enforcement Act To Extend Government Surveillance, Christa M. Hibbard
Wiretapping The Internet: The Expansion Of The Communications Assistance To Law Enforcement Act To Extend Government Surveillance, Christa M. Hibbard
Federal Communications Law Journal
Criminal use of the Internet to circumvent traditional government phone wiretaps has inspired the Obama Administration to create a proposal to expand the Communications Assistance to Law Enforcement Act ("CALEA"). CALEA was passed in 1994 to regulate telephone and broadband companies to ensure compliance with standards to enable government wiretapping. The proposed amendment of CALEA would allow the government to require all communications service providers to meet technical standards necessary to comply with a wiretap order. The expansion of CALEA would likely widen its scope to social networking sites, instant messaging, gaming consoles that allow conversation among multiple players, and …
A "Pay Or Play" Experiment To Improve Children's Educational Television, Lili Levi
A "Pay Or Play" Experiment To Improve Children's Educational Television, Lili Levi
Federal Communications Law Journal
This Article addresses both the constitutionality and the efficacy of the FCC's current rules that require broadcasters to air children's educational programming. It argues that, even though the rules would probably pass muster under the First Amendment, they should nevertheless be substantially revised.
Empirical studies show mixed results, with substantial amounts of educationally insufficient programming. This is predictable-attributable to broadcaster incentives, limits on the FCC's enforcement capacities, and audience factors. Instead, the Article advises a turn away from programming mandates. It proposes a "pay or play" approach that allows broadcasters to pay a fee to a fund for high-quality public …
Federalism, The Commerce Clause, And The Constitutionality Of The Unborn Victims Of Violence Act Of 2004, Ryan R. Wilmering
Federalism, The Commerce Clause, And The Constitutionality Of The Unborn Victims Of Violence Act Of 2004, Ryan R. Wilmering
Indiana Law Journal
No abstract provided.
Discriminatory Filtering: Cipa's Effect On Our Nation's Youth And Why The Supreme Court Erred In Upholding The Constitutionality Of The Children's Internet Protection Act, Katherine A. Miltner
Discriminatory Filtering: Cipa's Effect On Our Nation's Youth And Why The Supreme Court Erred In Upholding The Constitutionality Of The Children's Internet Protection Act, Katherine A. Miltner
Federal Communications Law Journal
Congress introduced the Children's Internet Protection Act ("CIPA") in order to filter obscene and indecent material in response to a perceived threat to members of the public, specifically minors, who are exposed to pornographic material on the Internet. The provisions of CIPA have provoked tension between two competing interests: protecting minors from cyberpornography, and safeguarding First Amendment rights. This Note argues that the Supreme Court erred by upholding the constitutionality of CIPA. As a result of the Supreme Court's decision, the nation's youth will have restricted access to constitutionally protected information. The Court improperly relied on a provision of the …
Assessing The Constitutionality Of Laws That Are Both Content-Based And Content-Neutral: The Emerging Constitutional Calculus, Wilson R. Huhn
Assessing The Constitutionality Of Laws That Are Both Content-Based And Content-Neutral: The Emerging Constitutional Calculus, Wilson R. Huhn
Indiana Law Journal
No abstract provided.
Is Payne Defensible?: The Constitutionality Of Admitting Victim-Impact Evidence At Capital Sentencing Hearings, Joshua D. Greenberg
Is Payne Defensible?: The Constitutionality Of Admitting Victim-Impact Evidence At Capital Sentencing Hearings, Joshua D. Greenberg
Indiana Law Journal
No abstract provided.
Who’S Taking Whom: Some Comments And Evidence On The Constitutionality Of Telric, David Gabel, David I. Rosenbaum
Who’S Taking Whom: Some Comments And Evidence On The Constitutionality Of Telric, David Gabel, David I. Rosenbaum
Federal Communications Law Journal
The FCC requires that the price of unbundled network elements be equal to the total element long-run incremental cost of production plus a reasonable contribution to common and joint costs. This pricing standard has the potential of making the telecommunications market more competitive. TELRIC prices, however, are set independently of historic costs and therefore may not compensate investors for incurred costs. Hence, incumbent local exchange carriers have been fighting its implementation. In all probability, the U.S. Supreme Court will become involved in the debate over its adoption. The Supreme Court has looked at changes in valuation methods in the past. …
Cable Internet Unbundling: Local Leadership In The Deployment High Speed Access, Marcus Maher
Cable Internet Unbundling: Local Leadership In The Deployment High Speed Access, Marcus Maher
Federal Communications Law Journal
With the pending merger of TCI and AT&T and their promise of "one-stop" television, Internet, and telephone service, the cable Internet issues move to the forefront. The desire of traditional Internet Service Providers to gain access to new high-speed technologies for Internet access led to requests for unbundling or open access to cable systems. Despite the heated debate on the need for unbundling that has occurred at the federal level, local authorities have taken the lead in requiring open access to cable for competing ISPs. General anticompetitive concerns with cable Internet dominated by the cable company could be alleviated in …
The Constitutionality Of The Driver’S Privacy Protection Act: A Fork In The Information Access Road, Angela R. Karras
The Constitutionality Of The Driver’S Privacy Protection Act: A Fork In The Information Access Road, Angela R. Karras
Federal Communications Law Journal
The Driver's Privacy Protection Act, instituted in 1997, regulates the disclosure of personal information in motor vehicle records. New controversy surrounds it today as the U.S. Supreme Court evaluates the arguments presented in November 1999 regarding its constitutionality. A split among circuit courts, coupled with the tremendous growth in technology and subsequent new in-roads for information access, draw increased attention toward the Act. The concern for information access in light of the Act, however, reaches beyond the courts' elucidated concerns about dual sovereignty and the public's right to privacy. This Note argues that there is a forgotten argument: the Act's …
Strike Two: An Analysis Of The Child Online Protection Act’S Constitutional Failures, Heather L. Miller
Strike Two: An Analysis Of The Child Online Protection Act’S Constitutional Failures, Heather L. Miller
Federal Communications Law Journal
Congress's first attempt to regulate minors' access to sexually explicit material via the Internet failed. Congress responded with the Child Online Protection Act, which, despite its narrower scope, cannot withstand constitutional scrutiny. This Notes delves into the constitutionality of Congress's second attempt by addressing the difficulty of applying the vague "harmful to minors" definition to the Internet medium and the economic and technological unavailability of the Act's affirmative defenses. This Note concludes with an explanation as to why legislation is an ineffective mechanism to address the problem of minors' access to online pornography.
Constitutionality Of Cost And Fee Barriers For Indigent Litigants: Searching For The Remains Of Boddie After A Kras-Landing, Steve Barber
Constitutionality Of Cost And Fee Barriers For Indigent Litigants: Searching For The Remains Of Boddie After A Kras-Landing, Steve Barber
Indiana Law Journal
No abstract provided.
The Constitutionality Of Indiana's Civil Change Of Venue Law: Change For The Sake Of Change, James R. Pielemeier
The Constitutionality Of Indiana's Civil Change Of Venue Law: Change For The Sake Of Change, James R. Pielemeier
Indiana Law Journal
No abstract provided.
Constitutionality Of Parking Meter Ordinance
Constitutionality Of Parking Meter Ordinance
Indiana Law Journal
Notes and Comments: Municipal Corporations
Teachers' Tenure Law-Constitutionality-Power To Dismiss Permanent Teachers
Teachers' Tenure Law-Constitutionality-Power To Dismiss Permanent Teachers
Indiana Law Journal
No abstract provided.
The Constitutionality Of The American Legion Plan To Perpetuate Peace, Paul V. Mcnutt, Ralph T. O'Neil, C. B. Robbins
The Constitutionality Of The American Legion Plan To Perpetuate Peace, Paul V. Mcnutt, Ralph T. O'Neil, C. B. Robbins
Indiana Law Journal
The popularly named "Universal Draft" bill espoused by the American Legion was the occasion of extended hearings before the War Policies Commission in March, 1931. During those hearings many questions were raised concerning the powers of the Congress and of the President. The material of this article was incorporated in a memorandum prepared and filed in response to those questions by Mr. McNutt, Mr. O'Neil and Colonel Robbins, acting on behalf of the American Legion. Mr. McNutt and Mr. O'Neil are Past National Commanders of the Legion and are members of the Indiana and Nebraska bars, respectively. Colonel Robbins is …