Law Commons^™

2000 Recognition Ceremony Program

Recognition Ceremony

No abstract provided.

Wills-Classes Of Legacies

Indiana Law Journal

No abstract provided.

Editor's Note, Meggan L. Frye

Federal Communications Law Journal

No abstract provided.

Letter Of Introduction, M. Anne Swanson

Federal Communications Law Journal

No abstract provided.

The Cbs-Viacom Merger: Impact On Journalism, Jim Parker

Federal Communications Law Journal

No abstract provided.

Growing Media Consolidation Must Be Examined To Preserve Our Democracy, Paul Wellstone

Federal Communications Law Journal

No abstract provided.

Viacom-Cbs Merger: Media Competition And Consolidation In The New Millennium, Andrew Jay Schwartzman

Federal Communications Law Journal

No abstract provided.

Joint Statement Of Sumner M. Redstone Chairman And Chief Executive Officer Viacom Inc. And Mel Karmazin President And Chief Executive Officer Of Cbs Corp., Summer M. Redstone, Mel Karmazin

Federal Communications Law Journal

No abstract provided.

Cbs-Viacom And The Effects Of Media Mergers: An Economic Perspective, David Waterman

Federal Communications Law Journal

No abstract provided.

From Consumers To Users: Shifting The Deeper Structures Of Regulation Toward Sustainable Commons And User Access, Yochai Benkler

Federal Communications Law Journal

No abstract provided.

When Channel Surfers Flip To The Web: Copyright Liability For Internet Broadcasting, Baoding Hsieh Fan

Federal Communications Law Journal

Digital streaming capabilities have enabled real-time Internet transmission of video signals. The advent of "Webcasting" will potentially change the way in which programming reaches audiences-increasing diversity in content as well as customer choice. Currently, cable and satellite systems secure retransmission rights to broadcast programming through statutory copyrights, and debate has ensued over whether online retransmitters should benefit from the same. This Article describes the evolution of streaming video over the Internet and examines the economic exploitation of such technology. After offering an overview of the compulsory copyright system, the Article analyzes the applicability of statutory licenses to Internet retransmissions of …

Structural Regulation Of The Media And The Diversity Rationale, Jerome A. Barron

Federal Communications Law Journal

No abstract provided.

Limiting Tort Liability For Online Third-Party Content Under Section 230 Of The Communications Act, Jonathan A. Friedman, Francis M. Buono

Federal Communications Law Journal

Section 230 of the Communications Act provides online service providers (OSPs) with immunity from liability for harms arising from third-party content that is made available through an OSP's services. Some courts have recently held that section 230 immunity covers not only defamation but any tort claim that would make an OSP liable for information originating from the OSP's users or commercial partners. This Article argues that section 230 has been properly interpreted by the courts and that, contrary to the claims of critics, those decisions have not created a disincentive for OSPs aggressively to monitor their sites for defamatory or …

Reflections On The Fcc’S Recent Approach To Structural Regulation Of The Electronic Mass Media, Lili Levi

Federal Communications Law Journal

No abstract provided.

Application Of The Telephone Consumer Protection Act To Intrastate Telemarketing Calls And Faxes, Hilary B. Miller, Robert R. Biggerstaff

Federal Communications Law Journal

Miller and Biggerstaff address the Telephone Consumer Protection Act of 1991 (TCPA). Specifically, they point out that because the TCPA does not preempt state law and Congress expressly intended it to coexist with state laws regulating intrastate telemarketing and fax advertising, confusion has evolved regarding the application of the TCPA to intrastate telemarketing calls and fax advertisements. This Article breaks the analysis into two questions: (1) did Congress intend intrastate calls to be covered by the statute; and (2) if Congress intended the statute to cover intrastate calls, is it constitutionally permissible for Congress to regulate calls and faxes that …

Editorial Rights Of Public Broadcasting Stations Vs. Access For Minor Political Candidates To Television Debates, Kyu Ho Youm

Federal Communications Law Journal

In Arkansas Education Television Commission v. Forbes, the Supreme Court of the United States held that a state-owned public station did not violate the First Amendment in excluding a third-party candidate from a political debate organized and broadcast by the television station because the debate was a nonpublic forum. In this Article, Professor Youm examines the constitutional and statutory framework on the access for political candidates to TV debates, the judicial interpretations of the political candidates' claim for access to public television debates, and the Supreme Court's balancing in Forbes of the conflicts between the candidates' access rights and the …

Masthead Vol.52 No.3 (2000)

Federal Communications Law Journal

No abstract provided.

Computer Code Vs. Legal Code: Setting The Rules In Cyberspace, Mark S. Nadel

Federal Communications Law Journal

Book Review: Code and Other Laws of Cyberspace, by Lawrence Lessig, Basic Books, 1999, 230 pages.

The Availability Of The Fair Use Defense In Music Piracy And Internet Technology, Sonia Das

Federal Communications Law Journal

This Note examines the development of the fair-use defense to other new technologies, such as the VCR and photocopier, and concludes that courts generally make the fair-use defense available in cases involving copying using new technology. Such uses of the technology have contributed, rather than deterred, to both the bettering of the technology itself and increasing the use of a copyright work. Ultimately, the increased uses reward the copyright holder. Next, this Note applies fair-use cases to new technology in the music industry, namely the increase availability of music on the Internet and a device known as the Rio, which …

Interpreting The Copyright Act’S Section 201(C) Revision Privilege With Respect To Electronic Media, Robert Meitus

Federal Communications Law Journal

New electronic media-including CD-ROMs and online services such as LEXIS/NEXIS-offer new outlets to which traditional publishers can disseminate the content of their publications. Recently, in Tasini v. New York Times, freelance authors claimed that the publishing industry allegedly infringed their copyrights in the underlying works of authorship. In absence of express agreements to the contrary, the authors maintained that section 201(c) of the Copyright Act gives the publishers only the limited privilege of publishing an article as part of a "particular collective work, any revision of that collective work, and any later collective work in the same series" and that …

A Leap Forward: Why States Should Ratify The Uniform Computer Information Transactions Act, David A.P. Neboyskey

Federal Communications Law Journal

The Uniform Computer Information Transaction Act (UCITA) has been presented to the states for their ratification. Patterned after the Uniform Commercial Code (UCC), UCITA began as an addition to the UCC, but differences between the statutes required UCITA to emerge as a separate entity. The National Conference of Commissioners of Uniform State Laws (NCCUSL) drafted UCITA and approved the Act in Summer 1999. The Act now awaits approval by state legislatures. This Comment analyzes UCITA and argues that the states should ratify the Act. The Comment favorably compares the UCC and UCITA. The UCC follows the principle of "freedom of …

Business-Only E-Mail Policies In The Labor Organizing Context: It Is Time To Recognize Employee And Employer Rights, Allegra Kirsten Weiner

Federal Communications Law Journal

Cyberspace changed communication in the workplace. Now that employees are on employers' e-mail systems, union organizers can contact employees in the workplace, during working hours, without any of the obstacles that more traditional forms of union communication impose. Of course this new technologically-advanced labor organizing is ideal for the labor organizers, but it also interferes with the rights of employers. Which groups interests' prevail? Unfortunately there is no precedent. Normally, adherence to the National Labor Relations Board (NLRB) decisions is the answer but no case has come before the NLRB that solves this issue. Therefore, employers and employees are left …

Vol. 18, No. 16 (May 1, 2000)

Indiana Law Annotated

No abstract provided.

Vol. 18, No. 15 (April 24, 2000)

Indiana Law Annotated

No abstract provided.

Vol. 18, No. 14 (April 17, 2000)

Indiana Law Annotated

No abstract provided.

Vol. 18, No. 13 (April 10, 2000)

Indiana Law Annotated

No abstract provided.

Vol. 18, No. 12 (April 3, 2000)

Indiana Law Annotated

No abstract provided.

How Natural Are National And Transnational Citizenship? A Historical Perspective, David Thelen

Indiana Journal of Global Legal Studies

No abstract provided.

The Dawn Of Cosmopolitan Denizenship, Aristide R. Zolberg

Indiana Journal of Global Legal Studies

No abstract provided.

The New Biology And International Sharing - Lessons From The Life And Works Of George P. Smith, Ii (Inaugural Lecture: George P. Smith, Ii, Distinguished Visiting Professorship-Chair Of Law), Michael D. Kirby

Indiana Journal of Global Legal Studies

[The George P. Smith, II, Distinguished Visiting Professorship-Chair

of Law and Legal Research endowment was established by George P.

Smith to broaden students' exposure to scholars and judges of national

and international reputation and to allow distinguished visiting scholars

the opportunity to do research at Indiana University and share their

ideas with the faculty and students of the Indiana University School of

Law and Indiana University. George P. Smith, an Indiana native,

received his B.S. degree in business, economics, and public policy in

1961 from Indiana University and his J. D. from the Indiana University

School of Law in 1964. …