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Articles 1 - 30 of 105
Full-Text Articles in Law
Deregulating The Second Republic, Andrew C. Barrett
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
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
Second Chance, Newton N. Minow
Federal Communications Law Journal
No abstract provided.
Reflections On The Sixtieth Anniversary Of The Communications Act, Carol Moseley-Braun
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
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
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
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
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
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
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
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 Office Of Research, S. Cola
Assembly Office Of Research, S. Cola
California Regulatory Law Reporter
No abstract provided.
Fairness And The Public Trustee Concept: Time To Move On, Henry Geller
Fairness And The Public Trustee Concept: Time To Move On, Henry Geller
Federal Communications Law Journal
Symposium: The Transformation of Television News
Office Of The Legislative Analyst, E. D'Angelo
Office Of The Legislative Analyst, E. D'Angelo
California Regulatory Law Reporter
No abstract provided.
General Legislation, E. D'Angelo, S. Barrow
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
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
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
Republican Constitutional Skepticism And Congressional Reform, Thomas Molnar Fisher
Indiana Law Journal
No abstract provided.
Congressional Commentary On Judicial Interpretations Of Statutes: Idle Chatter Or Telling Response?, James J. Brudney
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 …
Employment Discrimination Claims Under Erisa Section 510: Should Courts Require Exhaustion Of Arbitral And Plan Remedies?, Jared A. Goldstein
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 …
Statutory Post-Judgment Interest: The Effect Of Legislative Changes After Judgment And Suggestions For Construction, Brian P. Miller
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
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.
No Time For Trumpets: Title Vii, Equality, And The Fin De Sièchle, D. Marvin Jones
No Time For Trumpets: Title Vii, Equality, And The Fin De Sièchle, D. Marvin Jones
Michigan Law Review
My essay seeks to examine the internal architecture of the discursive barrier - the wall - that the Supreme Court has built within the doctrinal framework of Title VII and concomitantly within the discourse of equality. To understand how the Court has erected this discursive wall, we must begin with history. Equality, while historically a vehicle for national identity and contemporaneously for modernist conceptions of justice, is synchronically and diachronically indeterminate. Equality is a deeply sedimented concept with not one objective meaning but successive levels of meaning built up over time. Each of those historic understandings is itself a unity …
Title Vii And The Complex Female Subject, Kathryn Abrams
Title Vii And The Complex Female Subject, Kathryn Abrams
Michigan Law Review
One strength of Title VII has been its capacity to accommodate the changing conceptions of discrimination and the self-conceptions of subject groups. In the first decades of its enforcement, advocates have raised - and courts have endorsed - a range of contrasting conceptions in order to broaden the employment opportunities of protected groups. This flexibility is particularly evident with respect to women.
After exploring recent doctrinal efforts to respond to complex claimants, I address these questions and assess the prospects of change. Although the unitary or categorical notions of group identity under which Title VII has historically been enforced might …
Only Girls Wear Barrettes: Dress And Appearance Standards, Community Norms, And Workplace Equality, Katharine T. Bartlett
Only Girls Wear Barrettes: Dress And Appearance Standards, Community Norms, And Workplace Equality, Katharine T. Bartlett
Michigan Law Review
In this essay I study both the judicial rationales and the scholarly criticisms thereof, agreeing with critics that community norms are too discriminatory to provide a satisfactory benchmark for defining workplace equality, but also questioning the usual implications of this critique. Critics assume that it is possible, and desirable, to evaluate dress and appearance rules without regard to the norms and expectations of the community - that is, according to stable or universal versions of equality that are uninfected by community norms. I question this assumption, arguing that equality, no less than other legal concepts, cannot transcend the norms of …
Structuralist And Cultural Domination Theories Meet Title Vii: Some Contemporary Influences, Martha Chamallas
Structuralist And Cultural Domination Theories Meet Title Vii: Some Contemporary Influences, Martha Chamallas
Michigan Law Review
This essay first looks at three important theoretical approaches - motivational, structural, and cultural - that mark the scholarly discourses on workplace equality since 1965. The motivational or individual choice theory is well established and has dominated legal discourse throughout this period. I concentrate in this essay on the other two visions, dating structuralist accounts from the mid1970s and cultural domination theories from the mid-1980s.
Office Of The Legislative Analyst, A. Rovell, E. D'Angelo, J. D'Angelo
Office Of The Legislative Analyst, A. Rovell, E. D'Angelo, J. D'Angelo
California Regulatory Law Reporter
No abstract provided.
Assembly Office Of Research, G. Weisman
Assembly Office Of Research, G. Weisman
California Regulatory Law Reporter
No abstract provided.
General Legislation, S. Barrow, E. D'Angelo
General Legislation, S. Barrow, E. D'Angelo
California Regulatory Law Reporter
No abstract provided.