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Full-Text Articles in Law

Vol. 23, No. 15 (December 9, 2002) Dec 2002

Vol. 23, No. 15 (December 9, 2002)

Indiana Law Annotated

No abstract provided.


Vol. 23, No. 14 (December 2, 2002) Dec 2002

Vol. 23, No. 14 (December 2, 2002)

Indiana Law Annotated

No abstract provided.


Editor's Note, Deborah J. Salons Dec 2002

Editor's Note, Deborah J. Salons

Federal Communications Law Journal

No abstract provided.


The Regulation Of Interactive Television In The United States And The European Union, Hernan Galperin, Francois Bar Dec 2002

The Regulation Of Interactive Television In The United States And The European Union, Hernan Galperin, Francois Bar

Federal Communications Law Journal

The broadcasting industry is rapidly entering the era of digitization, distributed intelligence, and interactivity. The case of interactive television offers an opportunity to investigate how desirable policy goals should be implemented in the post-convergence environment. This Article first reviews the evolution of the broadcasting industry through three successive models: the traditional "Fordist" television model, the current multichannel television model, and the emerging ITV model. Second, it characterizes the basic components of ITV and explores the concerns raised by the evolution of multichannel video programming distributors into ITV platform operators. Next, the Article reviews how regulators in the United States and …


The U.S. Supreme Court Addresses The Child Pornography Prevention Act And Child Online Protection Act In Ashcroft V. Free Speech Coalition And Ashcroft V. American Civil Liberties Union, Sue Ann Mota Dec 2002

The U.S. Supreme Court Addresses The Child Pornography Prevention Act And Child Online Protection Act In Ashcroft V. Free Speech Coalition And Ashcroft V. American Civil Liberties Union, Sue Ann Mota

Federal Communications Law Journal

Both the Child Pornography Prevention Act ("CPPA") and the Child Online Protection Act ("COPA") were intended by Congress to protect minors. The CPPA was intended to protect minors from the harmful effects of virtual child pornography. The COPA was intended to protect minors from pornography currently available commercially on the World Wide Web. However, in 2002, the U.S. Supreme Court addressed the constitutionality of both statutes: The Court struck down sections of the CPPA as overbroad and unconstitutional in Ashcroft v. Free Speech Coalition. In Ashcroft v. ACLU, the Court upheld some sections of COPA as not unconstitutionally overbroad, but …


Making And Keeping Regulatory Promises, Warren G. Lavey Dec 2002

Making And Keeping Regulatory Promises, Warren G. Lavey

Federal Communications Law Journal

Multiyear regulatory commitments, or their absence, are an important part of the functioning of the telecommunications services and products industries. In this Article, Warren G. Lavey argues that, under some conditions, it is both possible and beneficial for regulators to commit to a well-defined, multiyear sequence of regulatory changes. First, this Article examines several examples of how efforts for comprehensive reform fared in real multiyear implementations. It also explores how some piecemeal regulatory changes evolved into efforts for comprehensive reform based on a well-defined sequence. This Article considers the effects of multiyear regulatory promises through analysis of several regulatory actions …


Masthead Vol.55 No.1 (2002) Dec 2002

Masthead Vol.55 No.1 (2002)

Federal Communications Law Journal

No abstract provided.


What’S In A Name?, Jonathan Zittrain Dec 2002

What’S In A Name?, Jonathan Zittrain

Federal Communications Law Journal

Book Review: Ruling the Root, Milton L. Mueller, Cambridge, Mass.: MIT Press, 2002, 301 pages.

A review of Milton L. Mueller's Ruling the Root, The MIT Press, 2002. In the spring of 1998, the U.S. government told the Internet: Govern yourself. This unfocused order-a blandishment, really, expressed as an awkward "statement of policy" by the Department of Commerce, carrying no direct force of law-came about because the management of obscure but critical centralized Internet functions was at a political crossroads. In Ruling the Root, Mueller thoroughly documents the colorful history both before and after this moment of inflection, and gives …


Vol. 1, No. 01 (December 2002) Dec 2002

Vol. 1, No. 01 (December 2002)

Indiana Law Update

No abstract provided.


Veil Of Secrecy: Public Executions, Limitations On Reporting Capital Punishment, And The Content-Based Nature Of Private Execution Laws, Nicholas Levi Dec 2002

Veil Of Secrecy: Public Executions, Limitations On Reporting Capital Punishment, And The Content-Based Nature Of Private Execution Laws, Nicholas Levi

Federal Communications Law Journal

One issue that is often overlooked in the capital punishment debate is the policy to shield the public from the specifics of the application, administration, and resolution of the death sentence. First, this Note provides a brief historical and analytical account of capital punishment in this country, and ultimately argues that this historical backdrop forces courts to characterize regulations as content-based distinctions on free speech. Second, this Note provides a background of the methods of capital punishment from the time of the country's founding through the early parts of the twentieth century. Furthermore, this Note will address the emergence of …


Enhancing Competition:Are Proposed Federal Communications Commission Rules That Treat Local Exchange Carrier Access To Multiple Tenant Environments A Taking?, Kathryn Gordon Dec 2002

Enhancing Competition:Are Proposed Federal Communications Commission Rules That Treat Local Exchange Carrier Access To Multiple Tenant Environments A Taking?, Kathryn Gordon

Federal Communications Law Journal

The Telecommunications Act of 1996 marked a fundamental change in the attitudes of Congress and the Federal Communications Commission toward local telephone exchange carrier policy. This change affected local exchange carriers in many ways, including their relationships with the owners of multiple tenant environments, such as office buildings and apartment complexes. Under the Act, FCC rulemaking increased competitive local exchange carriers' access to the facilities of incumbent local exchange carriers by removing competition barriers. However, owners of of multiple tenant environments can also act as barriers to local exchange carrier competition. This Note will first review the general purpose behind …


Vol. 23, No. 13 (November 25, 2002) Nov 2002

Vol. 23, No. 13 (November 25, 2002)

Indiana Law Annotated

No abstract provided.


Vol. 23, No. 12 (November 18, 2002) Nov 2002

Vol. 23, No. 12 (November 18, 2002)

Indiana Law Annotated

No abstract provided.


Vol. 23, No. 11 (November 11, 2002) Nov 2002

Vol. 23, No. 11 (November 11, 2002)

Indiana Law Annotated

No abstract provided.


Vol. 23, No. 10 (November 4, 2002) Nov 2002

Vol. 23, No. 10 (November 4, 2002)

Indiana Law Annotated

No abstract provided.


Vol. 23, No. 09 (October 28, 2002) Oct 2002

Vol. 23, No. 09 (October 28, 2002)

Indiana Law Annotated

No abstract provided.


Vol. 23, No. 08 (October 14, 2002) Oct 2002

Vol. 23, No. 08 (October 14, 2002)

Indiana Law Annotated

No abstract provided.


Vol. 23, No. 07 (October 7, 2002) Oct 2002

Vol. 23, No. 07 (October 7, 2002)

Indiana Law Annotated

No abstract provided.


A Right Without A Potent Remedy: Indiana's Bad Faith Insurance Doctrine Leaves Injured Third Parties Without Full Redress, Gregory A. Bullman Oct 2002

A Right Without A Potent Remedy: Indiana's Bad Faith Insurance Doctrine Leaves Injured Third Parties Without Full Redress, Gregory A. Bullman

Indiana Law Journal

No abstract provided.


"United We Stand": Managing Choice-Of- Law Problems In September-11-Based Toxic Torts Through Federal Substantive Mass- Tort Law, Kenneth G. Kubes Oct 2002

"United We Stand": Managing Choice-Of- Law Problems In September-11-Based Toxic Torts Through Federal Substantive Mass- Tort Law, Kenneth G. Kubes

Indiana Law Journal

No abstract provided.


The Right Of The People To Keep And Bear Arms Shall Not Be Litigated Away: Constitutional Implications Of Municipal Lawsuits Against The Gun Industry, William L. Mccoskey Oct 2002

The Right Of The People To Keep And Bear Arms Shall Not Be Litigated Away: Constitutional Implications Of Municipal Lawsuits Against The Gun Industry, William L. Mccoskey

Indiana Law Journal

No abstract provided.


Rehnquist's Vietnam: Constitutional Separatism And The Stealth Advance Of Martial Law, Diane H. Mazur Oct 2002

Rehnquist's Vietnam: Constitutional Separatism And The Stealth Advance Of Martial Law, Diane H. Mazur

Indiana Law Journal

No abstract provided.


Architexture, Akhil Reed Amar Oct 2002

Architexture, Akhil Reed Amar

Indiana Law Journal

Addison C. Harris Lecture, March 20, 2002


Vol. 23, No. 06 (September 30, 2002) Sep 2002

Vol. 23, No. 06 (September 30, 2002)

Indiana Law Annotated

No abstract provided.


Vol. 23, No. 05 (September 23, 2002) Sep 2002

Vol. 23, No. 05 (September 23, 2002)

Indiana Law Annotated

No abstract provided.


Vol. 23, No. 04 (September 16, 2002) Sep 2002

Vol. 23, No. 04 (September 16, 2002)

Indiana Law Annotated

No abstract provided.


Vol. 23, No. 03 (September 9, 2002) Sep 2002

Vol. 23, No. 03 (September 9, 2002)

Indiana Law Annotated

No abstract provided.


Vol. 23, No. 02 (September 2, 2002) Sep 2002

Vol. 23, No. 02 (September 2, 2002)

Indiana Law Annotated

No abstract provided.


Vol. 13, No. 01 (September 2002) Sep 2002

Vol. 13, No. 01 (September 2002)

Res Ipsa Loquitur

No abstract provided.


Vol. 23, No. 01 (August 26, 2002) Aug 2002

Vol. 23, No. 01 (August 26, 2002)

Indiana Law Annotated

No abstract provided.