Law Commons^™

Deregulating The Second Republic, Andrew C. Barrett

Federal Communications Law Journal

No abstract provided.

Consolidation, Coordination, Competition, And Coherence: In Search Of A Forward Looking Communications Policy, Michael D. Director, Michael Botein

Federal Communications Law Journal

No abstract provided.

Second Chance, Newton N. Minow

Federal Communications Law Journal

No abstract provided.

Reflections On The Sixtieth Anniversary Of The Communications Act, Carol Moseley-Braun

Federal Communications Law Journal

No abstract provided.

Principles For The Communications Act Of 2034: The Superstructure Of Infrastructure, Eli M. Noam

Federal Communications Law Journal

No abstract provided.

Information Superhighway Or Technological Sewer: What Will It Be?, Robert W. Peters

Federal Communications Law Journal

No abstract provided.

Independent Audits And Self-Regulation-Not Legislation-Is Best Answer To Tv Violence, Paul Simon

Federal Communications Law Journal

No abstract provided.

In The Battle Over Tv Violence, The Communications Act Should Be Cheered, Not Changed!, Carl R. Ramey

Federal Communications Law Journal

No abstract provided.

The New Realities Of The Communications Marketplace, Raymond W. Smith

Federal Communications Law Journal

No abstract provided.

Collective Bargaining Or "Collective Begging"?: Reflections On Antistrikebreaker Legislation, Samuel Estreicher

Michigan Law Review

The strike is a necessary part of collective bargaining. Workers should not ordinarily lose their jobs by pressing their disputes in this manner. But neither should strikes be viewed as a risk-free means of empowering unions to lock employers into uncompetitive contracts.

The Case Against Intermediate Owner Liability Under Cercla For Passive Migration Of Hazardous Waste, Robert L. Bronston

Michigan Law Review

This Note argues that Congress intended disposal to have an active meaning and therefore that courts should not hold prior intermediate owners liable for the passive migration of hazardous waste under section 107(a)(2). Part I examines CERCLA's definition of disposal. This Part concludes that the language of the definition, though somewhat ambiguous, supports the active defuiition. Part II considers the history of both CERCLA and the Resource Conservation and Recovery Act (RCRA), which CERCLA amended, in order to determine whether Congress intended to require affirmative conduct on the part of intermediate owners as a prerequisite to liability. Part II …

Federal Common Law And Gaps In Federal Statutes: The Case Of Erisa Plan Limitation Periods For Section 502(A)(1)(B) Actions, Jim Greiner

Michigan Law Review

This Note argues that federal courts should adopt a uniform national rule that upholds plan provisions modifying the limitation period for a section 502(a)(l)(B) action. Part I examines the reasoning of those courts that have borrowed state law to determine the validity of modifications of the limitation period applicable to actions arising under BRISA section 502(a)(l)(B) and under other federal statutes. Part I argues that those courts may have incorrectly characterized the validity of plan limitation periods as an issue of limitation law. As a consequence of this characterization, those courts have followed the Supreme Court's rule that, when borrowing …

Assembly Joint Oversight Committee On Lowering The Cost Of Electric Services, Assembly Joint Oversight Committee

California Joint Committees

No abstract provided.

Allocation Of Sales Tax And Other Local Government Revenues: Developing Workable Incentives For Balanced Development, Assembly Committee On Local Government

California Assembly

No abstract provided.

Feminist Lawmaking And Historical Consciousness: Bringing The Past Into The Future, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Assembly Office Of Research, S. Cola

California Regulatory Law Reporter

No abstract provided.

Who Are The Parents Of Biotechnological Children?, Larry I. Palmer

Cornell Law Faculty Publications

No abstract provided.

Highlights Of The Legislative Accomplishments Of 1994, California Senate Office Of Research

California Senate

Bills That Reached the Governor's Desk.

Fairness And The Public Trustee Concept: Time To Move On, Henry Geller

Federal Communications Law Journal

Symposium: The Transformation of Television News

A Rejoinder, Larry I. Palmer

Cornell Law Faculty Publications

No abstract provided.

Office Of The Legislative Analyst, E. D'Angelo

California Regulatory Law Reporter

No abstract provided.

General Legislation, E. D'Angelo, S. Barrow

California Regulatory Law Reporter

No abstract provided.

Legislative Intent Vs. Executive Non-Enforcement: A New Bounty Statute As A Solution To Executive Usurpation Of Congressional Power, George R. Rogers

Indiana Law Journal

No abstract provided.

Public Access: Fortifying The Electronic Soapbox, Jason Roberts

Federal Communications Law Journal

Public access, viewed as the voice on cable for those outside the mainstream, has recently been criticized as nothing more than an unregulated channel for objectionable hate speech and indecent programming. When Congress passed the Cable Television Consumer Protection and Competition Act of 1992, cable operators found themselves in the conflicting role of being liable for indecent and obscene programming on public access, while at the same time unable to exercise any editorial control over access content. All sides are now waiting to see if the Court of Appeals for the D.C. Circuit will strike down these access rules as …

Republican Constitutional Skepticism And Congressional Reform, Thomas Molnar Fisher

Indiana Law Journal

No abstract provided.

Employment Discrimination Claims Under Erisa Section 510: Should Courts Require Exhaustion Of Arbitral And Plan Remedies?, Jared A. Goldstein

Michigan Law Review

This Note examines whether courts should require section 510 claimants to exhaust either plan-based or arbitral remedies before seeking judicial relief. It begins by comparing the basis for an exhaustion requirement with respect to benefits claims with the basis for such a requirement with respect to statutory claims - like those under section 510. Part I examines the rationale courts have offered for requiring exhaustion of plan remedies for benefits claims. Part I concludes that federal courts have correctly determined that Congress intended individuals bringing benefits claims to exhaust the remedies provided by the plan before seeking judicial relief. Part …

Congressional Commentary On Judicial Interpretations Of Statutes: Idle Chatter Or Telling Response?, James J. Brudney

Michigan Law Review

There are two principal aspects of my thesis. First, it is desirable to consider seriously these legislative signals of approval and disapproval, because a blanket rejection, or even systematic hostility, imposes significant opportunity costs on Congress. If the judiciary refuses to consider these signals, Congress will have to expend extra resources to achieve the same ends. That expense will diminish the institution's ability to enact other laws and in some cases will alter the character of the other laws that it is able to enact. The consequent diminution or depletion of Congress's legislative authority is unhealthy from a democratic perspective …

Proposition 187: Staff Report On The Implications For California Colleges And Universities, Assembly Committee On Higher Education

California Assembly

On November 8, 1994, the California electorate will consider Proposition 187, an initiative measure to (1) bar state and local agencies from providing education, health care, welfare, or other social services to any person whose citizenship or legal status is not verified and (2) require government employees (including teachers, doctors, social workers, and peace officers) to report any person determined to be or under reasonable suspicion of being in the United States illegally.

A summary of the initiative is displayed in Figure 2 of this report. This staff report provides an analysis of the postsecondary provisions of Proposition 187, and …

Statutory Post-Judgment Interest: The Effect Of Legislative Changes After Judgment And Suggestions For Construction, Brian P. Miller

BYU Law Review

No abstract provided.

Employment Discrimination Law In Perspective: Three Concepts Of Equality, John J. Donohue Iii

Michigan Law Review

The essay begins with a discussion of which groups deserve the protection of employment discrimination law. With the protected categories of Title VII of the 1964 Civil Rights Act etched into the American consciousness, many might consider the appropriate categories to be fully self-evident. But of course, they are not, and many jurisdictions continue to struggle over whether certain dispreferred groups merit the law's solicitude.