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Articles 31 - 35 of 35
Full-Text Articles in Law
The Pursuit Of Pluralism: The Lessons From The New French Audiovisual Communications Law, Michael I. Meyerson
The Pursuit Of Pluralism: The Lessons From The New French Audiovisual Communications Law, Michael I. Meyerson
All Faculty Scholarship
Electronic mass communications, which have become increasingly influential over the past quarter century, have also undergone rapid and profound technological change. Constitutional governments around the world have struggled to apply their fundamental legal principals to the electronic media through sensible and balanced regulation. Perhaps the central problem in such regulation is to protect truth in the media, mainly by encouraging diversity, without allowing the regulators themselves to exert undue influence over what is disseminated over the airwaves and cables of a country's communications infrastructure. The following article traces the history of France's attempts to solve this problem in its electronic …
The Cable Communications Policy Act Of 1984: A Balancing Act On The Coaxial Wires, Michael I. Meyerson
The Cable Communications Policy Act Of 1984: A Balancing Act On The Coaxial Wires, Michael I. Meyerson
All Faculty Scholarship
After three decades of what Chief Justice Burger termed ‘the almost explosive development’ of cable television, Congress updated the Communications Act of 1934 with the Cable Communications Policy Act of 1984. The Act represents the culmination of a ‘decade long effort to update the Communications Act of 1934 . . . and bring our outdated communications laws into the information age.’ The 1984 Cable Act was a complicated piece of legislation, the result of countless compromises and political deals. This Article explains how Congress attempted to balance the competing, and sometimes mutually exclusive, interests of the cable operators, cities, video …
Professional Sports And Antitrust Law: The Groundrules Of Immunity, Exemption And Liability, Phillip J. Closius
Professional Sports And Antitrust Law: The Groundrules Of Immunity, Exemption And Liability, Phillip J. Closius
All Faculty Scholarship
As professional sports leagues increased their wealth and national prominence, the federal judicial system became uncomfortable with its characterization of sports as something other than a business. The Supreme Court reflected this change in policy in the 1950s by refusing to extend baseball's antitrust exemption to other sports. The application of the Sherman Act to all nonbaseball sports established the foundation for the forceful imposition of antitrust constraints on team owners in the sports litigation of the 1970s. These "revolutionary" decisions substantially eliminated the status of sports as a game or amusement insulated from the legal obligations of profit-making industries. …
Not At The Behest Of Nonlabor Groups: A Revised Prognosis For A Maturing Sports Industry, Phillip J. Closius
Not At The Behest Of Nonlabor Groups: A Revised Prognosis For A Maturing Sports Industry, Phillip J. Closius
All Faculty Scholarship
For most of its history, professional athletics was governed by the unilateral decisions of team owners acting in a league format. In the last twelve years, however, a variety of sporting groups, through access to the judicial system and a changed perception of the legal status of sports, have forced the owners to share the power and wealth derived from the games. Players, unions, agents and rival leagues all now participate, in some form, in the decisions which will shape the future of sports. In the course of this growth, the sports industry has matured into a national business possessed …
The First Amendment And The Cable Television Operator: An Unprotective Shield Against Public Access Requirements, Michael I. Meyerson
The First Amendment And The Cable Television Operator: An Unprotective Shield Against Public Access Requirements, Michael I. Meyerson
All Faculty Scholarship
This article focuses on the question of whether state-imposed public access requirements violate the First Amendment rights of the cable television operator. The author suggests that the appropriate analysis asks whether the law abridges expression the First Amendment was meant to protect. In other words, do cable access requirements abridge speech safeguarded by the First Amendment? The article demonstrates that such requirements do not hinder, but in fact further, fundamental First Amendment interests. Finally, the article shows that access requirements fulfill the standards of the constitutional tests for each classification into which they could be placed.