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University of Michigan Law School

Regulation

Communications Law

Michigan Law Review

Articles 1 - 10 of 10

Full-Text Articles in Law

Unfit For Prime Time: Why Cable Television Regulations Cannot Perform Trinko's 'Antitrust Function', Keith Klovers Dec 2011

Unfit For Prime Time: Why Cable Television Regulations Cannot Perform Trinko's 'Antitrust Function', Keith Klovers

Michigan Law Review

Until recently, regulation and antitrust law operated in tandem to safeguard competition in regulated industries. In three recent decisions-Trinko, Credit Suisse, and Linkline-the Supreme Court limited the operation of the antitrust laws when regulation "performs the antitrust function." This Note argues that cable programming regulations-which are in some respects factually similar to the telecommunications regulations at issue in Trinko and Linkline-do not perform the antitrust function because they cannot deter anticompetitive conduct. As a result, Trinko and its siblings should not foreclose antitrust claims for damages that arise out of certain cable programming disputes.


Proactive Legislation And The First Amendment, Stuart Minor Benjamin Nov 2000

Proactive Legislation And The First Amendment, Stuart Minor Benjamin

Michigan Law Review

It is a commonplace that the world is changing rapidly, with whole sectors of the economy being transformed. New forms of communication, like the World Wide Web, e-mail, and satellite television, have risen from obscurity to ubiquity in less than a decade. The speed of these changes has led some to express concern about the ability of governments to respond. The fear is that governments cannot keep up with developments as they occur and thus get hopelessly behind. The solution, according to some, is for the government to act proactively - before a harm has arisen, so that the government …


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.


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


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


Revolution In The Wasteland: Value And Diversity In Television, Michigan Law Review Mar 1983

Revolution In The Wasteland: Value And Diversity In Television, Michigan Law Review

Michigan Law Review

A Review of Revolution in the Wasteland: Diversity in Television by Ronald A. Cass


Fairness And Unfairness In Television Product Advertising, Michigan Law Review Jan 1978

Fairness And Unfairness In Television Product Advertising, Michigan Law Review

Michigan Law Review

The first section of this Note explores the impact of television product advertising on viewer attitudes. The next two sections set forth the statutory basis on which the Federal Communications Commission and the Federal Trade Commission could provide for the effective presentation of contrasting points of view on controversial issues implicitly or explicitly raised by television product advertising, could ensure that the implicit messages of such advertisements are delivered fairly and without deception, and could counter the adverse effects of such advertising. The purpose of these sections is not to predict actual regulatory behavior, for in fact the FCC and …


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 Fcc Computer Inquiry: Interfaces Of Competitive And Regulated Markets, Michigan Law Review Nov 1972

The Fcc Computer Inquiry: Interfaces Of Competitive And Regulated Markets, Michigan Law Review

Michigan Law Review

Since the advent of computer technology, data processing and communication services have become increasingly interdependent. In 1966, the Federal Communications Commission launched the Computer Inquiry to explore the broad range of regulatory and policy problems generated by this technological development.2