Law Commons^™

[Reply Comments For The Nba And Naacp], J. Clay Smith Jr.

Selected Speeches

No abstract provided.

The Crime Control Act Of 1968 And Cordless Telephones: State V. Howard, Scott C. Smith

BYU Law Review

No abstract provided.

Defamation, Public Officialdom And The Rosenblatt V. Baer Criteria—A Proposal For Revivification: Two Decades After New York Times Co. V. Sullivan, David Elder

Buffalo Law Review

No abstract provided.

The Challenge Of Computer-Crime Legislation: How Should New York Respond?, Amalia M. Wagner

Buffalo Law Review

No abstract provided.

Satellite/Dish Antenna Technology: A Copyright Owner's Dilemma, Sydnee Robin Singer

Indiana Law Journal

No abstract provided.

The Press And The Public Interest: An Essay On The Relationship Between Social Behavior And The Language Of First Amendment Theory, Lee C. Bollinger

Michigan Law Review

I would like to explore in this essay one aspect of the contemporary American debate over the theory of freedom of speech and press. The subject I want to address is this: whether the principle of freedom of speech and press should be viewed as protecting some personal or individual interest in speaking and writing or whether it should be seen as fostering a collective or public interest. Sometimes this issue is stated as being whether the first amendment protects a "right to speak" or a "right to hear," though in general the problem seems to be whether we should …

Fair Use Old And New: The Betamax Case And Its Forebears, M. B. W. Sinclair

Buffalo Law Review

No abstract provided.

Sports Broadcasting And The Law, Robert Alan Garrett, Philip R. Hochberg

Indiana Law Journal

No abstract provided.

Free Speech And High Tech, Francis Dummer Fisher

Michigan Law Review

A Review of Technologies of Freedom by Ithiel de Sola Pool and Teletext and Videotex in the United States: Market Potential, Technology, Public Policy Issues by John Tydeman, Hubert Lipinski, Richard P. Adler, Michael Nyhan and Laurence Zwimpfer.

Over The Wire And On Tv: Cbs And Upi In Campaign '80, Michigan Law Review

Michigan Law Review

A Review of Over the Wire and On TV: CBS and UPI in Campaign '80 by Michael J. Robinson and Margaret A. Sheehan

The Syndication And Financial Interest Rules: Is It A Prime Time For A Change, Robert M. Osher

UC Law SF Communications and Entertainment Journal

The FCC has recently proposed a repeal of the television network syndication and financial interest rules (Rules). The Rules, enacted in 1970, regulate certain network programming practices in an effort to shift more wealth to producers and thereby encourage more diverse and creative programming. The author questions the assumptions underlying the Rules and argues that drastic changes in the television marketplace have rendered the Rules ineffective. He concludes that the Rules should be replaced by new regulations more carefully constructed to prevent unwanted network dominance.

The Proposed Repeal Of The Financial Interest And Syndication Rules: Network Domination Or Public Interest Representation, Evie L. Klintzer

UC Law SF Communications and Entertainment Journal

In 1970, the Federal Communications Commission (FCC) adopted the Financial Interest and Syndication Rules (FISR) and the Prime Time Access Rule to increase programming diversity and permit independent producers greater access to prime time viewing hours. Now, fourteen years later, the FCC is seeking repeal of the FISR and deregulation of network affiliation in the syndication of independently produced programs. The author carefully examines the changes occurring in the television industry since the adoption of the FISR and the arguments favoring and opposing the proposed repeal, concluding that the FISR should be retained.

Tuning Out The Electorate: Early Network Projections And Decreased Voter Turnout, Jeff Polsky

UC Law SF Communications and Entertainment Journal

The author offers evidence that television and radio coverage of elections prior to the closing of polls nationwide influences election results and thereby interferes with the electoral process. The author examines several possible solutions and concludes that the most effective solutions are restrictions on exit-polling and prohibitions against early broadcasts of election result projections. Acknowledging that such restrictions or prohibitions raise first amendment issues, the author argues that the primary purpose of the first amendment is protection of our system of self-government. The author concludes that broadcasts of early election projections deter people from voting and that the first amendment …

Sports And The Law: A Comprehensive Bibliography Of Law-Related Materials, Five Year Supplement (1979-1984), Frank G. Houdek

UC Law SF Communications and Entertainment Journal

No abstract provided.

The Prime Time Access Rule: Six Commandments For Inept Regulation, Thomas G. Krattenmaker

UC Law SF Communications and Entertainment Journal

The Federal Communications Commission's Prime Time Access Rule (PTAR) forbids television stations affiliated with the major networks from broadcasting certain programs during certain hours if the programs were produced for one of the major networks. The author examines the reasons PTAR is favored by the networks but concludes that PTAR should be repealed since it does not further any goals of network regulation, disregards viewer welfare, and clashes with anticensorship policies. The author suggests that regulatory inaction will increase competition among the networks for viewers, eventually forcing the networks themselves to push for PTAR's repeal.

Who's Watching The Watchdog: Self-Evaluative Privilege And Journalistic Responsibility In Westmoreland V. Cbs, Inc., Paul A. Weiss

UC Law SF Communications and Entertainment Journal

This note explores the self-evaluative privilege and its application to newsgathering media defendants in defamation trials. In Westmoreland v. CBS, Inc., defendant CBS was found to have waived the privilege. The author discusses the possible effects of this ruling and argues that the public interest in fostering responsible journalism should foreclose punishing newsgathering organizations that publicly take responsibility for their mistakes. The author concludes that the privilege, with limitations, should be extended to newsgathering media defendants.

The Applicability Of State Action Doctrine To Private Broadcasters, Ruth Walden

UC Law SF Communications and Entertainment Journal

In light of the "deregulatory fever" currently in vogue in Washington, claims of a first amendment right of access to the broadcasting media are being heard again. Many groups are hoping to use the Constitution

to fill the access gap that would be left by elimination of policies like the fairness doctrine. Before such an approach can succeed, however, the government action requirement of the first amendment must be met; without state action, the first amendment is simply inapplicable. In this article, the author analyzes previous attempts to apply state action doctrine to broadcasters and the judicial responses they engendered. …

An Overview Of Sex Discrimination In Amateur Athletics, Jeffrey K. Riffer

UC Law SF Communications and Entertainment Journal

Sex-based discrimination in interscholastic sports has recently been challenged by both male and female athletes. The courts have reached conflicting decisions as to whether such discrimination should be allowed and, if so, under what circumstances. The author analyzes the constitutional and statutory bases of these decisions. The author argues that this area remains in confusion because many of these decisions inadequately consider the issues involved or are based on stereotypical views of male and female athletic ability.

The Seven-Year Itch: California Labor Code Section 2855, Jonathan Blaufarb

UC Law SF Communications and Entertainment Journal

California Labor Code section 2855 applies a seven-year limit to the enforceability of personal service contracts. This note discusses section 2855 as it applies to the unique contractual practices of the entertainment industry, particularly the industry's use of mid-term contractual extensions and agreements. The author analyzes the courts' application of section 2855 in two representative cases and concludes that greater statutory guidance is needed in order for the courts to better interpret section 2855. The author suggests that an interpretive provision be added to section 2855 to create a "rebuttable presumption" that a personal service contract which is renegotiated mid-term …

Mother Knows Best: Reconciling Parental Consent With Minors' Rights In Shields V. Gross, Charmaine Jefferson

UC Law SF Communications and Entertainment Journal

The author analyzes the possibility that New York courts have eliminated a minor's common law right to disaffirm contracts under some circumstances. Sections 50 and 51 of New York's Civil Rights Law require the consent of a minor's parent or guardian for use of the minor's name, portrait, or picture. A parent's or guardian's consent may preclude the minor from later disaffirming a contract for the use of his or her name or photograph. The author suggests possible changes in legislation to protect the minor, as well as alternative legal approaches to prevent the use of photographs to which the …

A Tale Of Two Standards: Antitrust, The Public Interest, And The Television Industry, Edward P. Sangster

UC Law SF Communications and Entertainment Journal

Until recently, competitive advertising practices required by antitrust laws might have interfered with the statutory obligation of broadcasters to program in the public interest. In United States v. National Association of Broadcasters, the court invalidated a television industry trade agreement that helped broadcasters fulfill their public interest requirement. The court held that the antitrust requirement of free competition outweighed the programming requirement. This note examines the court's decision and analyzes its effect on the FCC's recent deregulation of television advertising practices. The author questions the wisdom of deregulating the industry before the FCC has had the opportunity to study advertising …

Legal Framework Of Communications Programs In The European Space Agency, W. M. Thiebaut

Michigan Journal of International Law

The establishment of the ESC gave Europe the necessary impetus to start applications programs. In 1968, the third ESC ministerial meeting at Bad Godesberg, Federal Republic of Germany, unequivocally assigned space applications to ESRO, created the Committee of Senior Officials as an advisory board, and allocated a small budget for studies on application satellites. The Committee of Senior Officials set up a working group specifically to study possible European involvement in communication satellite programs. This working group consisted not only of representatives of the ESC and the space organizations ELDO and ESRO but also of the potential users of the …

Reciprocity In International Telecommunications Trade: A New Trade Barrier?, Sheryl Powers

Michigan Journal of International Law

To those advocating its use, reciprocity legislation is especially appropriate for the telecommunications industry. Only 5 percent of telecommunications equipment manufactured in the United States is exported for sale in other nations. Trade barriers, loyalty to domestic manufacturers and the importance of telecommunications to national defense systems have combined to restrict access to foreign markets in the telecommunications sector. To persuade other nations to increase market access in telecommunications, United States legislators added a requirement of reciprocity to two proposed bills, S.898 and H.R.5158. This note will examine these two bills, concluding that reciprocity is an inappropriate solution to United …

Integrated Servies Digital Network: Issues And Options For The World's Future Communications Systems, A. M. Rutkowski

Michigan Journal of International Law

There has been virtually no public discussion of the significant public policy issues raised because of the intimidating nature of network engineering which forms the basis for nearly all the current dialogue. This paper discusses current ISDN developments, and sets forth an analytical framework within which these issues may be discussed.

U.S. Preparation For Itu Conferences: Warc '79, A Case Study, David B. Fenkell

Michigan Journal of International Law

This article traces United States preparation for international telecommunication conferences, focusing on WARC '79. First, a brief background of the ITU is presented, including the events leading to the decision to convene WARC '79. Secondly, with the aid of a recent Office of Technology Assessment (OTA) Survey, the article analyzes American preparation for the Conference. The third part considers the impact of U.S. preparation on the reservations taken at WARC '79. Finally, recent U.S. legislative actions aimed at improving U.S. preparation for international telecommunication conferences are examined.

Stay Tuned For New Technology: The Paradoxes Of The Proposed Financial Interest And Syndication Rules, Eli H. Glovinksy

UC Law SF Communications and Entertainment Journal

As part of its policy of deregulation, the Federal Communications Commission (FCC) has proposed a repeal of the financial interest and syndication rules governing the television industry. This note defines the public interest reasons behind the initial adoption of the rules and analyzes the major arguments for and against repeal. The author discusses the major networks' contention that competition rather than regulation should control the television industry, and contrasts this argument with the Committee for Prudent Deregulation's position that the strength of independent producers should be maintained to insure public interest through diverse programming. Taking this latter approach, the author …

The Fcc And Pay Cable: Promoting Diversity On Television, David Coursen

UC Law SF Communications and Entertainment Journal

The FCC's pay cable policy to increase television diversity through deregulation has backfired. One unforeseen problem has been the rise of basic services, which, unlike subscription services, support themselves with advertising revenues. The author argues that the nonregulation of basic services and the harmful growth of vertical integration in the cable industry prevent television diversity and innovative programming.

Changing The Rules Of The Game: The New Fcc Regulations On Political Debates, Erwin Chemerinsky

UC Law SF Communications and Entertainment Journal

In November 1983, the Federal Communications Commission (FCC), in the spirit of deregulation and in response to pressure from broadcasters, changed its policy toward radio and television sponsorship of political debates. Under the old policy, a station could broadcast a debate as a news event and avoid the costs of providing equal time to fringe candidates only if someone else sponsored the debate. Under the new rule, stations can arrange and hold debates in their own studios without any obligation to provide equal time. The author analyzes the potential consequences of the new rule, questioning the propriety of the FCC's …

Tax Accrual Workpapers: Protected By A Limited Privilege?, Patricia D. White

Articles

United States of America

v.

Arthur Young & Company and Amerada Hess Corporation

(Docket No. 82-687)

To be argued January 16, 1984

Diversification And Regulated Industries - What's Next For The Telephone Holding Companies, Louis B. Schwartz

UC Law SF Communications and Entertainment Journal

Should regulated businesses be allowed to diversify into nonregulated areas? And if so, should the ratepayers be required to absorb the losses if these "investment opportunities" turn sour? Examining the landmark AT&T Divestiture Decree, the author argues that recent decisions regarding the permissible scope of outside operations have gone too far afield. By overemphasizing the potential benefits of competition, while underemphasizing important considerations of management psychology, the author feels unlimited diversification operates to everyone's detriment. The author concludes that the present guidelines are unworkable and offers some guiding principles for future decisions.