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Full-Text Articles in Law

Congress, The Fcc, And The Search For The Public Trustee, Neal Devins Oct 1993

Congress, The Fcc, And The Search For The Public Trustee, Neal Devins

Faculty Publications

No abstract provided.


Remarks: Annual Banquet Of The University Of Pennsylvania Law Review, Roger J. Miner '56 Jan 1993

Remarks: Annual Banquet Of The University Of Pennsylvania Law Review, Roger J. Miner '56

Law Review Addresses

No abstract provided.


Broadcasting And Speech, Jonathan Weinberg Jan 1993

Broadcasting And Speech, Jonathan Weinberg

Law Faculty Research Publications

It is illegal to speak over the airwaves without a broadcast license. The FCC grants those licenses, and decides whether they will be renewed, on the basis of a vague "public interest" standard. The resulting system of broadcast regulation conflicts, starkly and gratuitously, with ordinary free speech philosophy. In this Article, the author argues that that inconsistency is crucially linked to inadequacies in free speech theory itself Conventional free speech theory ignores the extent to which imbalances of private power limit freedom of expression. It presupposes that public discourse takes place on a rational plane. The author explores the link …


The Hard Case Of Broadcast Indecency, Lili Levi Jan 1993

The Hard Case Of Broadcast Indecency, Lili Levi

Articles

No abstract provided.


A Commentary On The Harmonization Of European Private Law, George A. Bermann Jan 1993

A Commentary On The Harmonization Of European Private Law, George A. Bermann

Faculty Scholarship

The idea behind bringing together these papers on harmonization in three such distinct fields as contract, copyright and telecommunications, and securities law must be that they may have something to tell us generally about the processes of harmonization in European private law. Each paper tells a story fascinating in its own right, but whether they in fact add up to something more, with implications for private law harmonization as a whole, is the question I naturally want to take up in this commentary.


Intrusion And The Investigative Reporter, Lyrissa Barnett Lidsky Jan 1993

Intrusion And The Investigative Reporter, Lyrissa Barnett Lidsky

UF Law Faculty Publications

In an award-winning series of Houston Chronicle articles, reporter Nancy Stancill uncovered shocking conditions in Texas nursing homes. 7 However, reforms were not implemented until 20/20, following Stancill's lead, conducted a three-month, undercover investigation of the treatment of elderly residents at Texas state and private nursing home facilities.

By employing subterfuge to gather news, the 20/20 reporters enhanced the immediacy and credibility of the resulting story. As one journalist argued, "[Jiust describing the conditions wouldn't have cut it. They had to be seen."

Using the 20/20 case as a paradigm, this Note argues that, in order to distinguish protected newsgathering …


The 1992 Cable Act: Just The Beginning, Nick Allard Jan 1993

The 1992 Cable Act: Just The Beginning, Nick Allard

Faculty Scholarship

No abstract provided.


Why There Should Be An Independent Decennial Commission On The Press, Lee C. Bollinger Jan 1993

Why There Should Be An Independent Decennial Commission On The Press, Lee C. Bollinger

Faculty Scholarship

In 1947, the Commission on Freedom of the Press chaired by Robert M. Hutchins, published its report entitled "A Free and Responsible Press:" Sharply criticized by the media when published, the Hutchins Commission Report (as it has come to be known) seems to have assumed only minor status within the history of freedom of the press in this century, as well as among reports on social problems generally. In this article, I will consider whether the Hutchins Commission Report deserves a different fate. Given the media's usually astounding self-preoccupation, the fact that the Report was about the "press" would lead …