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1993

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Full-Text Articles in Law

Hate Violence In California - State And Federal Responses To Hate Violence, Senate Judiciary Committee Dec 1993

Hate Violence In California - State And Federal Responses To Hate Violence, Senate Judiciary Committee

California Senate

No abstract provided.


Legislative Actions Necessary To Expedite Base Conversions, Senate Select Committee On Defense Base Closures Dec 1993

Legislative Actions Necessary To Expedite Base Conversions, Senate Select Committee On Defense Base Closures

California Senate

No abstract provided.


Housing Element Law: A Summary Report From The Interim Hearing, Senate Committee On Local Government Dec 1993

Housing Element Law: A Summary Report From The Interim Hearing, Senate Committee On Local Government

California Senate

No abstract provided.


Article Digest Dec 1993

Article Digest

Federal Communications Law Journal

In many communities across the nation cable subscribers depend on government-owned cable television systems for their communication services. This phenomenon may have started out to be fairly insignificant, but as a result of the cable explosion, government ownership of cable systems presents a threat to free expression. Governmental overbuilding and direct competition with private cable service providers have been the subject of unsuccessful First Amendment challenges. The threat of government control of cable systems, though, is potentially dramatic and poses serious First Amendment questions. The Author concludes that private ownership should be encouraged, and public ownership should only be allowed …


Cable Television Regulation: Promoting Competition In A Rapidly Changing World, Edward J. Markey Dec 1993

Cable Television Regulation: Promoting Competition In A Rapidly Changing World, Edward J. Markey

Federal Communications Law Journal

No abstract provided.


Cable Television Subscriber Equipment: Lessons From The Common Carrier Experience, David Alan Nall Dec 1993

Cable Television Subscriber Equipment: Lessons From The Common Carrier Experience, David Alan Nall

Federal Communications Law Journal

Perhaps the most significant changes resulting from the Cable Television Consumer Protection and Competition Act of 1992 will be those affecting equipment on subscriber's premises. The 1992 Cable Act differentiates cable equipment and cable services. The Author discusses the framework of the equipment provisions of the Cable Act, specifically regarding cable equipment rates, cable home wiring, and consumer electronics compatibility. He relates the history of the customer-premises (CPE) unbundling through the Computer II decision and post-Computer II developments, then proposes that the FCC could apply its CPE precedents to cable equipment.


Shifting Foundations: The Regulation Of Telecommunications In An Era Of Change, Andrew C. Barrett Dec 1993

Shifting Foundations: The Regulation Of Telecommunications In An Era Of Change, Andrew C. Barrett

Federal Communications Law Journal

The recent developments in the telecommunications industry represent to many the birth of the multimedia world of the future that will make available new interactive services, computer and voice applications, and programming choices. The advancements with wireless technology may also make personal communications services (PCS) a major competitor with the local telephone industry. The ramifications of these developments will depend heavily on the regulatory directions that the government selects. The Author, as Commissioner of the FCC, begins his discussion by analyzing the recent business mergers and the motivations behind them. He then reviews the 1992 Cable Act, suggesting that while …


The Cable-Telco Cross-Ownership Prohibition: First Amendment Infringement Through Obsolescence, Michael G. Oxley Dec 1993

The Cable-Telco Cross-Ownership Prohibition: First Amendment Infringement Through Obsolescence, Michael G. Oxley

Federal Communications Law Journal

Since 1970, the FCC has prohibited all telephone companies from providing video programming in their local service areas. The primary rationale behind this prohibition was to promote the cable industry. Since 1984, however, the cable industry has seen tremendous growth with very little competition. New technology and market demands have now necessitated a reevaluation of the ban on cable-telco cross-ownership. The Author argues that with the changes that have occurred in the marketplace, the ban is now both an invalid prior restraint and an infringement on commercial expression and thus a violation of the First Amendment rights of telephone companies. …


The Cable Act And Municipal Ownership: A Growing First Amendment Confrontation, Carl R. Ramey Dec 1993

The Cable Act And Municipal Ownership: A Growing First Amendment Confrontation, Carl R. Ramey

Federal Communications Law Journal

In many communities across the nation cable subscribers depend on government-owned cable television systems for their communication services. This phenomenon may have started out to be fairly insignificant, but as a result of the cable explosion, government ownership of cable systems presents a threat to free expression. Governmental overbuilding and direct competition with private cable service providers have been the subject of unsuccessful First Amendment challenges. The threat of government control of cable systems, though, is potentially dramatic and poses serious First Amendment questions. The Author concludes that private ownership should be encouraged, and public ownership should only be allowed …


The Television Violence Act Of 1990: A New Program For Government Censorship?, Julia W. Schlegel Dec 1993

The Television Violence Act Of 1990: A New Program For Government Censorship?, Julia W. Schlegel

Federal Communications Law Journal

The Television Violence Act of 1990 is designed to encourage the networks, the cable industry, and independent stations to reduce the amount of violence currently shown on television. To accomplish this goal, the Act grants a three-year antitrust exemption to the television industry so that it may meet and develop joint standards aimed at reducing the amount of violence currently shown on television. The Act's sponsor, Senator Paul Simon, emphasized that the Act simply encouraged the broadcast industry to set standards; it did not require them to do so. However, in December 1992, when the television industry had still not …


Interim Hearing On The Cable Television Consumer Protection And Competition Act Of 1992: The Impact On Cable Television Rates And Services In California, Senate Committee On Energy And Public Utilities Nov 1993

Interim Hearing On The Cable Television Consumer Protection And Competition Act Of 1992: The Impact On Cable Television Rates And Services In California, Senate Committee On Energy And Public Utilities

California Senate

No abstract provided.


New Towns: Planning, Governance And Infrastructure Approaches And Concerns, Assembly Committee On Local Government Nov 1993

New Towns: Planning, Governance And Infrastructure Approaches And Concerns, Assembly Committee On Local Government

California Assembly

No abstract provided.


Update: A Forecast Of Issues Before Senate Policy Committees In The 1993-1994 Legislative Session, Office Of Senate Majority Whip Leroy F. Greene Nov 1993

Update: A Forecast Of Issues Before Senate Policy Committees In The 1993-1994 Legislative Session, Office Of Senate Majority Whip Leroy F. Greene

California Senate

No abstract provided.


Informational Hearing On: Part Ii - Review Of The Attorney General's Proposal To Create A State Gaming Commission, Senate Committee On Governmental Organization, Assembly Committee On Governmental Organization Nov 1993

Informational Hearing On: Part Ii - Review Of The Attorney General's Proposal To Create A State Gaming Commission, Senate Committee On Governmental Organization, Assembly Committee On Governmental Organization

California Joint Committees

No abstract provided.


Informational Hearing On: Part I. Indian Gaming In California, Senate Committee On Governmental Organization, Assembly Committee On Governmental Organization Nov 1993

Informational Hearing On: Part I. Indian Gaming In California, Senate Committee On Governmental Organization, Assembly Committee On Governmental Organization

California Joint Committees

No abstract provided.


Highlights Of The Legislative Accomplishments Of 1993, California Senate Office Of Research Nov 1993

Highlights Of The Legislative Accomplishments Of 1993, California Senate Office Of Research

California Senate

A Summary of Significant Legislation that Reached the Governor's Desk.


Allocating The Burden Of Proof To Effectuate The Preservation And Federalism Goals Of The Coastal Zone Management Act, Martin J. Lalonde Nov 1993

Allocating The Burden Of Proof To Effectuate The Preservation And Federalism Goals Of The Coastal Zone Management Act, Martin J. Lalonde

Michigan Law Review

Primarily due to policy considerations, this Note argues that courts should allocate to the federal agency proposing an activity that may affect the coastal zone the burden of proving consistency with a state CMP. This allocation effectuates Congress's intent to vest states with primary control to preserve the coastal zone. Part I provides a general background of the Act's consistency requirement for federally conducted activities. Part II examines the various factors that courts traditionally consider when allocating burdens of proof in litigation. Part III evaluates these factors as applied to the consistency issue under the CZMA. Part IV concludes that …


Proceedings Of The Charter Boat Management Workshop Held As Part Of The First National Fisheries Manager Conference Terrigal Nsw 21 September 1993, A. E. Magee Nov 1993

Proceedings Of The Charter Boat Management Workshop Held As Part Of The First National Fisheries Manager Conference Terrigal Nsw 21 September 1993, A. E. Magee

Fisheries management papers

General concern of all states was the actual AND potential impact of charter fishing on the resource and the inability to measure such impacts. The perceived problem with dual licensing was unregulated effort and the abilit to circumvent management controls. This paper provides current charter boat management arrangements in Australia, why they should be managed, types of charter vessels, Licensing, Management of recreational only charter vessels, Non-consumptive charters, Management guides and small scale charter operators, Commonwealth jurisdiction, Development of agreed strategies and Identification of future needs.


Campaign Finance Reform, Senate Committee On Elections And Reapportionment Oct 1993

Campaign Finance Reform, Senate Committee On Elections And Reapportionment

California Senate

No abstract provided.


Improprieties In The California Public Utilities Commission's Telephone Rate Decision: Restoring The Public Trust, Assembly Committee On Utilities And Commerce, Senate Committee On Energy And Public Utilities Oct 1993

Improprieties In The California Public Utilities Commission's Telephone Rate Decision: Restoring The Public Trust, Assembly Committee On Utilities And Commerce, Senate Committee On Energy And Public Utilities

California Joint Committees

No abstract provided.


The Role Of Water Retailers In Furnishing Reclaimed Water: Sb 788 (Dills) And The Service Duplication Act, Assembly Committee On Utilities And Commerce Oct 1993

The Role Of Water Retailers In Furnishing Reclaimed Water: Sb 788 (Dills) And The Service Duplication Act, Assembly Committee On Utilities And Commerce

California Assembly

No abstract provided.


Oakland Hills Firestorm: Insurance Issues, Senate Committee On Insurance, Claims And Corporations Oct 1993

Oakland Hills Firestorm: Insurance Issues, Senate Committee On Insurance, Claims And Corporations

California Senate

No abstract provided.


Trial Court Unification Under Sca 3, Senate Judiciary Committee, Assembly Judiciary Committee Oct 1993

Trial Court Unification Under Sca 3, Senate Judiciary Committee, Assembly Judiciary Committee

California Joint Committees

No abstract provided.


Impact Of President Clinton's Forest Plan On Local Communities, The Environment, And The Economy Of The North Coast Region And Related Issues - Transcript And Written Statements, Senate Committee On Natural Resources And Wildlife Oct 1993

Impact Of President Clinton's Forest Plan On Local Communities, The Environment, And The Economy Of The North Coast Region And Related Issues - Transcript And Written Statements, Senate Committee On Natural Resources And Wildlife

California Senate

Document includes:

Summary of President Clinton's Forest Plan (revised Sept. 22, 1993).


Criminal Discovery In Oklahoma: A Call For Legislative Action, Rodney J. Uphoff Oct 1993

Criminal Discovery In Oklahoma: A Call For Legislative Action, Rodney J. Uphoff

Faculty Publications

This article first explores the Allen decision and the extent to which Allen changed the law of criminal discovery in Oklahoma. Next, the article examines some of the theoretical and practical problems with the Allen procedures as well as the efforts of the Oklahoma Court of Criminal Appeals to address some of the troublesome questions generated by Allen. Finally, the article discusses the need to replace the Allen provisions with a legislative framework that facilitates pretrial access to information and minimizes “trial ambush,” but without compromising the fair and efficient operation of the adversary system.


Defense Conversion Resource Guide, Assembly Task Force On Defense Conversion Oct 1993

Defense Conversion Resource Guide, Assembly Task Force On Defense Conversion

California Assembly

The bipartisan Assembly Task Force on Defense Conversion was created in March 1993. The mission of the 23-member Task Force is to maximize federal defense conversion funding for California and assist communities in the defense conversion process. During the last seven months, Task Force members have worked toward accomplishing this mission through a variety of activities, which include:

• Establishing a hotline for assistance on available federal and state grants and other defense conversion-related activities; Conducting regional hearings in the Bay Area and Southern California to identify barriers to federal and state assistance in defense conversion;

• Providing the Congressional …


Tort Reform: An Important Issue For Women, Lucinda M. Finley Oct 1993

Tort Reform: An Important Issue For Women, Lucinda M. Finley

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.


Office Of The Legislative Analyst, E. D'Angelo Oct 1993

Office Of The Legislative Analyst, E. D'Angelo

California Regulatory Law Reporter

No abstract provided.


Assembly Office Of Research, G. Weisman Oct 1993

Assembly Office Of Research, G. Weisman

California Regulatory Law Reporter

No abstract provided.


Life-Cycle Justice: Accommodating Just Cause And Employment At Will, Stuart J. Schwab Oct 1993

Life-Cycle Justice: Accommodating Just Cause And Employment At Will, Stuart J. Schwab

Michigan Law Review

The goal of this article is to articulate a coherent framework for understanding the default rules for employment termination. While most observers see chaos here, I find a certain logic in the leading cases. The courts have been boldest when job protection is most appropriate, and they have hesitated precisely when at will plays its most useful role.