Law Commons^™

Promoting The Public Interest In The Digital Era, Henry Geller

Federal Communications Law Journal

No abstract provided.

Good News For Good News: Excellent Television Journalism Benefits Networks And Our Society, Robert Leger

Federal Communications Law Journal

No abstract provided.

Tv: A Vast Oasis Of Public Interest Programming, Edward O. Fritts

Federal Communications Law Journal

No abstract provided.

Electronic Oases Take Root In Mr. Minow's Vast Wasteland, Edward J. Markey

Federal Communications Law Journal

No abstract provided.

Family-Friendly Programming: Providing More Tools For Parents, Kevin J. Martin

Federal Communications Law Journal

No abstract provided.

How Do We Make Goodness Attractive?, Fred Rogers

Federal Communications Law Journal

Speech at Induction into the Academy of Television Arts & Sciences Television Hall of Fame (Feb. 27, 1999). During his career, Rogers received two Peabody Awards, four Emmy Awards, a “Lifetime Achievement” Award from the National Academy of Television Arts and Sciences, and the Presidential Medal of Freedom, America’s highest honor for a civilian.

A Diversity Of Voices In A “Vast Wasteland”, Condace L. Pressley

Federal Communications Law Journal

No abstract provided.

I Want My C-Span, Bruce W. Sanford

Federal Communications Law Journal

No abstract provided.

Manhattan, Cass R. Sunstein

Federal Communications Law Journal

No abstract provided.

Measuring Quality Television, Russ Taylor

Federal Communications Law Journal

No abstract provided.

“Do You Believe In Miracles?”, Richard E. Wiley

Federal Communications Law Journal

No abstract provided.

Screen-Agers . . . And The Decline Of The “Wasteland”, Elizabeth Thoman

Federal Communications Law Journal

No abstract provided.

Masthead Vol.55 No.3 (2003)

Federal Communications Law Journal

No abstract provided.

Public Television Law Réduit, Herbert A. Terry

Federal Communications Law Journal

Book Review: The Public Television Legal Survival Guide, 2d ed., Association of Public Television Stations, 2001, 254 pages.

A review of The Public Television Legal Survival Guide, 2nd ed., Association of Public Television Stations, 2001. According to its preface, the book is intended for "station personnel who do not have legal training" but who need to know some of the basics for their daily work and, through footnotes, to assist "in-house station counsel and outside legal consultants." For the most part, this book fulfills that promise. Privately published by the Association of Public Television Stations (APTS) in Washington, D.C. and …

Reporter's Privilege In Utah, Edward L. Carter

Brigham Young University Journal of Public Law

No abstract provided.

Regulating Speech Across Borders: Technology Vs. Values, Matthew Fagin

Michigan Telecommunications & Technology Law Review

The disfavored status within international law of unilateral state-based regulations that target extraterritorial actors arises from the inherent challenges such actions represent to state sovereignty. In the context of the Internet, the complexity of choice-of-law analysis is heightened: regulations imposed by one state have the potential to effectively block communications to citizens of all states and undermine the conflicting regulatory aims of neighboring states. Early legal commentators built upon this cascading chilling effect of state-based regulation to proclaim both the futility and illegitimacy of state-based action in the online environment. Subsequent scholars have demonstrated the commensurability of state-based online regulation …

The “Vast Wasteland” In Retrospect, Joel Rosenbloom

Federal Communications Law Journal

No abstract provided.

Editor's Note, Deborah J. Salons

Federal Communications Law Journal

No abstract provided.

Adjusting The Horizontal And Vertical In Telecommunications Regulation: A Comparison Of The Traditional And A New Layered Approach, Rob Frieden

Federal Communications Law Journal

This Article assesses the viability of different vertical regulatory regimes in an increasingly convergent environment. It reviews several FCC proceedings that have generated opportunities for stakeholders to avoid regulatory parity by qualifying for reduced regulation based on service definitions. It also considers whether a horizontal regulatory approach can reduce the number of regulatory asymmetries and inconsistencies. The Author concludes that although a horizontal regulatory structure may not secure sufficient political support because of the risk of extending new burdens on previously unregulated activities, that type of structure makes better sense in a convergent, increasingly Internet-dominated marketplace and provides a more …

Access To Local Rights-Of-Way: A Rebuttal, William Malone

Federal Communications Law Journal

This Author rebuts the proposals and analysis regarding the impact of local rights-of-way access on competitive local exchange carriers put forth in a May 2002 FCLJ Article by Christopher Day. He argues that Day's Article lacks persuasive evidence that CLECs are harmed by lack of rights-of-way access. He states, first, that Day has misconceived the intent of the rights-of-way requirements in the Telecommunications Act of 1996 and, second, that the FCC does not have the authority to make substantive adjucative decisions that Day called for. He concludes that neither of the proposals made by Day-an amendment to the Telecommunications Act …

Masthead Vol.55 No.2 (2003)

Federal Communications Law Journal

No abstract provided.

The Legacy Of The Federal Communications Commission’S Computer Inquiries, Robert Cannon

Federal Communications Law Journal

The FCC and the computer industry have learned much in the 35 years since the agency first began to regulate computer networks. Safeguards were imposed on common carriers for the benefit of the networks. This Article examines the so-called Computer Inquiries and how they have repeatedly re-examined and redefined the nature of the regulatory treatment of computer networks over communications networks. The Author reviews Computer I, in which the FCC first attempted to divide the world technologically between computers that ran communications networks ("pure communications") and computers at the end of telephone lines with which people interacted ("pure data processing"). …

Attacking Brandenburg With History: Does The Long-Term Harm Of Biased Speech Justify A Criminal Statute Suppressing It?, Anuj C. Desai

Federal Communications Law Journal

Book Review: Destructive Messages: How Hate Speech Paves the Way for Harmful Social Movements, Alexander Tsesis, New York: New York University Press, 2002, 246 pages.

A review of Alexander Tsesis's Destructive Messages: How Hate Speech Paves the Way for Harmful Social Movements, New York University Press, 2002. At one level, Alexander Tsesis's thesis is simply one in a long line of arguments about the need to regulate racist speech. Yet on another level, it is fundamentally different from much American literature on "hate speech" because Tsesis draws on a broad historical swath, and because he contends that the United States …

Avoiding Slim Reasoning And Shady Results: A Proposal For Indecency And Obscenity Regulation In Radio And Broadcast Television, Jacob T. Rigney

Federal Communications Law Journal

This Note explores the relevant law regarding the issue of indecency and obscenity in broadcast, with particular focus on a 2001 Policy Statement released by the FCC. The Author examines the major problems with the regulatory scheme as it now exists, and offers an alternative. The Author concludes by arguing that leaving the subjective decisions regarding indecency to market forces, leaving parents to determine what should or should not be indecent, and leaving the FCC free to pursue obscenity with greater zeal is the most appropriate course of action for the future.

Encryption Regulation In The Wake Of September 11, 2001: Must We Protect National Security At The Expense Of The Economy?, Matthew Parker Voors

Federal Communications Law Journal

This Note argues that although privacy and economic concerns have ruled the encryption debate during the past decade, the move toward increased privacy on the Internet and relaxed encryption regulation, designed to promote electronic commerce, comes at the expense of national security and the protection of Americans' safety. The Article begins with historical information about encryption and an examination of how businesses use encryption to secure their communications and financial transactions on the Internet. This Section also observes that this technology is employed by terrorist organizations to accomplish the same goal: to send private communications. The Author next details the …

From Diversity To Duplication: Mega-Mergers And The Failure Of The Marketplace Model Under The Telecommunications Act Of 1996, Anastasia Bednarski

Federal Communications Law Journal

"Mega-owners" in the radio regime became possible with the Telecommunications Act of 1996, which radically deregulated national and local radio station ownership limits that had been in existence for almost sixty years. The Act reflected Congress's firm belief that a deregulated marketplace would best serve the public interest. This Note argues that the 1996 Act is an example of excessive adherence to the marketplace model, particularly for regulating the radio industry. The Author argues that although a less extreme marketplace model has guided the FCC's regulation of radio since the early 1980s, the current incarnation of the marketplace model is …

Racial Stereotypes, Broadcast Corporations, And The Business Judgment Rule, Leonard M. Baynes

University of Richmond Law Review

No abstract provided.

Le Droit Et Les Reseaux Internationaux D'Information, Joel R. Reidenberg

Faculty Scholarship

Travaux pour obtenir le grade de Docteur De L'Universite Paris I. Discipline: Droit. Sujet des publications: Le Droit Et Les Reseaux Internationaux D'Information

Manual De Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

Unmasking Crack_Smoking_Jesus: Do Internet Service Providers Have A Tarasoff Duty To Divulge The Identity Of A Subscriber Who Is Making Death Threats, Jon B. Eisenberg, Jeremy B. Rosen

UC Law SF Communications and Entertainment Journal

Based on a personal experience. During ongoing litigation, the authors' clients began receiving pseudonymous threats by email and on an Internet message board maintained by Yahoo! Inc. This experience led the authors to ask themselves a question: What should lawyers do when their clients receive anonymous death threats electronically during the pendency of litigation? In their case, the Federal Bureau of Investigation (FBI) determined the identity of the perpetrator and the local United States Attorney's office eventually commenced prosecution. However, pursuant to rules of federal grand jury secrecy, the perpetrator's identity still remained a secret. When the identity was sought …