Law Commons^™

Editor's Note, Meggan L. Frye

Federal Communications Law Journal

No abstract provided.

Financing Telecommunications Projects In Asia: A Promising Regulatory Perspective, Rachelle B. Chong, Wendy Chow

Federal Communications Law Journal

Asia's telecommunications market has long been viewed as lucrative and fast growing. As the benefits of a competitive telecommunications market become apparent, many Asian governments recognize that global corporations require, and in fact demand, state-of-the-art telecommunications infrastructure. After several years of strong growth, however, the severe economic crisis that affected all industry segments in Asia caused investors to pause and reevaluate the risks involved in financing infrastructure projects. Despite the recent Asian economic crisis, the overall picture for Asian telecommunications infrastructure projects remains promising. Asian governments continue to liberalize their regulatory schemes, thus reducing regulatory and political risks to investors. …

Privatization And The Freedom Of Information Act: An Analysis Of Public Access To Private Entities Under Federal Law, Craig D. Feiser

Federal Communications Law Journal

Congress drafted the Freedom of Information Act to ensure that the public would always be able to keep track of the events happening behind governmental agency doors. In an age of privatization of governmental services in the name of efficiency, the Act needs to be adapted to ensure that its original purpose remains sound. Thus far, courts have not kept pace with this purpose by interpreting agency and agency record under the Act too narrowly. This may very well result in government secrecy as services are farmed out to entities not covered under the Act. This Article analyzes the various …

The Battle For Portland, Maine, L. Andrew Tollin

Federal Communications Law Journal

In 1985, when the FCC began the competitive process of deciding who would be licensed to provide cellular telephone service to Portland, Maine, chaos and irony reigned. Thirteen years later, after a bitter legal battle among local telephone companies, a provider was finally selected. At one point or another, all three branches of government became involved. The license itself changed hands three times during the case and, in essence, three different telephone systems were constructed. Ultimately, the case was decided on the basis of whether the FCC complied with a preexisting federal law, the Paperwork Reduction Act, in adopting the …

Cable Internet Unbundling: Local Leadership In The Deployment High Speed Access, Marcus Maher

Federal Communications Law Journal

With the pending merger of TCI and AT&T and their promise of "one-stop" television, Internet, and telephone service, the cable Internet issues move to the forefront. The desire of traditional Internet Service Providers to gain access to new high-speed technologies for Internet access led to requests for unbundling or open access to cable systems. Despite the heated debate on the need for unbundling that has occurred at the federal level, local authorities have taken the lead in requiring open access to cable for competing ISPs. General anticompetitive concerns with cable Internet dominated by the cable company could be alleviated in …

Masthead Vol.52 No.1 (1999)

Federal Communications Law Journal

No abstract provided.

Let's Make Lawyers Happy: Advocating Mandatory Pro Bono, Donald Patrick Harris

Northern Illinois University Law Review

Proponents of mandatory pro bono argue that lawyers have an obligation to provide free services because, among other things, the practice of law is a profession. Proponents further argue that mandatory pro bono is justified because lawyers enjoy a "monopoly" of the legal system, and with that monopoly comes an obligation to provide public service. Additionally, they argue there is a strong tradition of providing public service suggesting continued commitment to pro bono service and an attorney has a moral obligation to see that those already handicapped do not suffer the cumulative disadvantage of being without proper legal representation. Opponents …

The Good, The Bad, And The Ugly: Drug Testing By Employers In Alaska, Mechelle Zarou

Alaska Law Review

No abstract provided.

The Unusual Suspects: Journalists As Thieves, William E. Lee

William & Mary Bill of Rights Journal

The publication of confidential information by the press stands in stark contrast to the press' dedication to protecting the confidentiality of sources. While the Supreme Court has taken the position that the press may publish confidential information acquired through "routine" newsgathering methods, the contours of the phrase "routine " newsgathering methods are poorly defined In this Article, Professor Lee describes the link between the manner in which information is obtained and the First Amendment's protection of the publication of the information. He concludes that the proper analysis would separate the interests affected by publication from the interests affected by illegal …

The Role Of Suspicion In Federal Equal Protection, Paul E. Mcgreal

William & Mary Bill of Rights Journal

Recently, Professor Jed Rubenfeld wrote an essay arguing that the Supreme Court's strict scrutiny test for equal protection works best to "smoke out" the purpose of laws to determine whether they were enacted because of racial bias or preference. Professor Rubenfeld criticized the Court's most recent affirmative action decision in Adarand Constructors, Inc. v. Pena for departing from this "smoking out" approach.

In this Essay, Professor McGreal explores how this "smoking out" process is applied in federal equal protection cases. Counter to Professor Rubenfeld's view, he argues that the Supreme Court did use a "smoking out" approach in Adarand. His …

The Alaska Marriage Amendment: The People’S Choice On The Last Frontier, Kevin G. Clarkson, David Orgon Coolidge, William C. Duncan

Alaska Law Review

No abstract provided.

Journal Staff

Alaska Law Review

No abstract provided.

Salt Equalizer, Vol. 1999, Issue 3, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Theresa Glennon, SALT Honors Marjorie Shultz, Barney Frank at the Annual Awards Dinner, at 1.

Stephanie M. Wildman & Phoebe A. Haddon, Presidents' Column, at 2.

Ann Shalleck, SALT Members Initiate "First Monday" Programs, at 3.

Joyce Saltalamachia, SALT Board Meets Twice in San Francisco, at 6.

Howard Glickstein, Urgent Call to Keep the SALT Salary Survey Alive, at 7.

Sharon Hom, Joan Howarth, Eileen Kaufman, Madeline Plasencia, Judith Reed & Margalynne Armstrong, SALT's San Francisco Conference Re-Examines the Bar Exam, at 8.

Barbara Aldave, Bar Examinations: A Call for …

Jury Trials In The Heartland, Stephen E. Chappelear

University of Michigan Journal of Law Reform

In this Article, Stephen Chappelear draws on his study of civil jury trials in the Franklin County Court of Common Pleas in Columbus, Ohio. He concludes that trial by jury results in justice. Despite the popular belief that juries are modern day Robin Hoods, empirical data suggests that their verdicts are lower than commonly believed.

Creating A Seamless Transition From Jury Box To Jury Room For More Effective Decision Making, Annie King Phillips

University of Michigan Journal of Law Reform

Why am I writing here? I am not a judge or lawyer, and I may never be. I don't even play one on TV. In searching for an answer to this question, it came to mind that at sometime in everyone's life, there is a need to enter the court system-as a victim, offender, witness, court staff or juror. The interactions among these persons impact the effective administration of justice in our court system. Every two years for the past eighteen years (like the tick of a clock), I am summoned to jury duty at either the District of Columbia …

Financing Plaintiffs' Lawsuits: An Increasingly Popular (And Legal) Business, Susan Lorde Martin

University of Michigan Journal of Law Reform

In the late eighties and early nineties there were a few publicized cases in which the plaintiffs invited investors to finance their litigation in exchange for a share of the awards if the plaintiffs won. This kind of arrangement provides access to the justice system which might otherwise be denied impecunious plaintiffs with meritorious claims. The problem with this kind of arrangement is that it is champerty, which is prohibited in most states. This Article discusses Massachusetts' recent rejection of the champerty prohibition, the expansion of exceptions to the prohibition in this country and others, and the emergence of firms …

Unity, Sovereignty, And The Interstate Recognition Of Marriage, Mark Strasser

West Virginia Law Review

No abstract provided.

Genetic Diversity And The Politics Of Difference, Margaret Lock

Chicago-Kent Law Review

No abstract provided.

Between Pretext Plus And Pretext Only: Shouldering The Effects Of Pretext On Employment Discrimination After St. Mary's Honor Center V. Hicks And Fisher V. Vassar College, Stefanie Vines Efrati

Chicago-Kent Law Review

No abstract provided.

Past Sexual Conduct In Sexual Harassment Cases, Lisa Dowlen Linton

Chicago-Kent Law Review

No abstract provided.

Utilizing Statistics And Bellwether Trials In Mass Torts: What Do The Constitution And Federal Rules Of Civil Procedure Permit?, R. Joseph Barton

William & Mary Bill of Rights Journal

Traditional judicial mechanisms that preserve litigants' rights to due process and a jury trial challenge courts to provide litigants their day in court in an efficient and timely manner. This challenge is made exponentially harder where the litigation concerns tortious conduct affecting a large number of persons and giving rise to latent injury. In response to the recent increase in mass tort filings, courts have sought an alternative means of adjudication-the extrapolation of a statistically average, representative plaintiff to other plaintiffs. This Note examines the problems associated with mass tort actions and how two circuit courts of appeals have implemented …

Is Poetry Undemocratic?, Anthony T. Kronman

Georgia State University Law Review

No abstract provided.

Shrinkwrap And Clickwrap Agreements: 2b Or Not 2b?, Garry L. Founds

Federal Communications Law Journal

Several problems plague typical mass-market software licensing agreement, specifically that the public is powerless to negotiate and the terms often are perceived as exceedingly broad and restrictive. The Uniform Computer Information Transactions Act is designed to remedy those problems and establish the general enforceability of such agreements, with certain qualifications related to unconscionability, assent, and other caveats. UCITA, however, does not resolve, or even purport to resolve, the tension between federal copyright law and state contract law. This Note analyzes UCITA's attempt to resolve the enforceability issue; argues for an approach to preemption that promotes clarity and preserves the objectives …

Physicians For Professional Sports Teams: Health Care Under The Pressure Of Economic And Commercial Interests, Twila Keim

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Closing The Campus Gates - Keeping Criminals Away From The University - The Story Of Student-Athlete Violence And Avoiding Institutional Liability For The Good Of All, Thomas N. Sweeney

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Torts - New Jersey Tort Claims Act - Unimproved Property Immunity Does Not Relieve Liability From Negligently Supervising An Ocean Beach, Even If Such Supervision Is Voluntary - Fleuhr V. City Of Cape May, 697 A.2d 182 (N.J. Super. Ct. App. Div. 1997)., Jennifer A. Carr

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

The Ncaa Infractions Appeals Committee: Procedure, Precedent And Penalties, Kenneth J. Martin

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Torts - Defamation - An Athlete's Statements Regarding The Conduct Of His Agent Can Be Actionable Under State Defamation Laws - A.J. Faigin V. Kelly, 978 F. Supp. 420 (D.N.H. 1997)., Mark Gatto

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Antitrust Law - Salary Cap - An Athletic Association Regulation That Limits The Salary Of Coaches Is An Unreasonable Restraint On The Free Market And Cannot Be Justified On The Grounds That It Promotes Competition - Law V. Ncaa, 134 F.3d 1010 (10th Cir. 1998)., Thomas Rowland

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Antitrust - Restraint On Trade - National Football League Relocation Policies Do Not Create An Anticompetitive Environment - St. Louis Convention & Visitors Commission V. National Football League, 154 F.3d 851 (8th Cir. 1998)., Angela Scafuri

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.