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2000

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Full-Text Articles in Law

Assembly Committee On Consumer Protection, Government Efficiency And Economic Development, Legislative Summary 1999-2000 Session, Assembly Committee On Consumer Protection, Government Efficiency And Economic Development Dec 2000

Assembly Committee On Consumer Protection, Government Efficiency And Economic Development, Legislative Summary 1999-2000 Session, Assembly Committee On Consumer Protection, Government Efficiency And Economic Development

California Assembly

No abstract provided.


The Art Of Writing Good Regulations, Harold W. Furchtgott-Roth Dec 2000

The Art Of Writing Good Regulations, Harold W. Furchtgott-Roth

Federal Communications Law Journal

In this introduction to the three pieces that follow, Commissioner Harold Furchtgott-Roth proposes his view that the regulation-drafting process relies more on art than science. The Commissioner sets out a four-category sliding scale to evaluate regulations, and lists the most frequently noted problems with FCC-promulgated rules.


Communications Media And The First Amendment: A Viewpoint-Neutral Fcc Is Not Too Much To Ask For, Helgi Walker Dec 2000

Communications Media And The First Amendment: A Viewpoint-Neutral Fcc Is Not Too Much To Ask For, Helgi Walker

Federal Communications Law Journal

In the "new economy" driven by the telecommunications industry, the FCC is a busy agency. Given the myriad legal issues faced daily by agency decisionmakers and the lack of perfect clarity in major communications legislation, a few legal missteps here and there by the FCC might be expected. In one area, however, the public can and should demand a first-rate agency record: regulation of communications media without regard to the viewpoint expressed via that media, as the First Amendment requires. This Article offers two case studies in which the FCC arguably took viewpoint-discriminatory actions with regard to regulated broadcasters, and ...


The Fcc’S Implementation Of The 1996 Act: Agency Litigation Strategies And Delay, Rebecca Beynon Dec 2000

The Fcc’S Implementation Of The 1996 Act: Agency Litigation Strategies And Delay, Rebecca Beynon

Federal Communications Law Journal

Since it began promulgating rules to implement the local competition provisions of the Telecommunications Act of 1996, the FCC has been under attack in the courts. The road has been a rough one, and the Commission has lost on a good many issues. The Commission has regularly accused its opponents in these legal battles-chiefly the incumbent local exchange carriers-of using litigation to impede the implementation of the 1996 Act’s local competition provisions. As discussed in this Article, if litigation has in fact slowed the introduction of competition in the local exchange markets, the Commission itself must share some of ...


Too Much Power, Too Little Restraint: How The Fcc Expands Its Reach Through Unenforceable And Unwieldy “Voluntary” Agreements, Bryan N. Tramont Dec 2000

Too Much Power, Too Little Restraint: How The Fcc Expands Its Reach Through Unenforceable And Unwieldy “Voluntary” Agreements, Bryan N. Tramont

Federal Communications Law Journal

The character of a regulatory agency is most severely tested at the zenith of its power. When the Federal Communications Commission ("FCC" or "Commission") breaks free of the limitations imposed by the law, the Commission’s leadership sets its own course. It is at these times, when legal oversight is at a minimum, that it becomes most important for the agency to "pay more attention to justice." Unfortunately, as outlined in this Article, the FCC has often failed this test of institutional character. In at least three contexts, the Commission has proven to be something less than a benevolent master ...


The Fcc And Section 312(A)(7) Of The Communications Act Of 1934: The Development Of The “Unreasonable Access” Clause, Philip J. Gutwein Ii Dec 2000

The Fcc And Section 312(A)(7) Of The Communications Act Of 1934: The Development Of The “Unreasonable Access” Clause, Philip J. Gutwein Ii

Federal Communications Law Journal

Section 312(a)(7) of the Communications Act of 1934 requires that broadcast stations provide legally qualified candidates for federal elective office with reasonable access to advertising time on behalf of their candidacies. The FCC has long struggled with defining "reasonable access." On September 7, 1999, the FCC issued a Memorandum Opinion and Order in which it ruled that broadcast stations may not refuse a request for political advertising time solely because the station does not sell or program such lengths of time. This ruling came in response to a petition for reconsideration of an October 3, 1994 Declaratory Ruling ...


Increasing Telephone Penetration Rates And Promoting Economic Development On Tribal Lands: A Proposal To Solve The Tribal And State Jurisdictional Problems, Jennifer L. King Dec 2000

Increasing Telephone Penetration Rates And Promoting Economic Development On Tribal Lands: A Proposal To Solve The Tribal And State Jurisdictional Problems, Jennifer L. King

Federal Communications Law Journal

Under the Telecommunications Act of 1996, Congress instructed the FCC to ensure that all Americans have access to affordable telecommunications services. Consistent with that mandate, the FCC implemented a series of public hearings to discuss with tribes the issues they face concerning low telephone penetration rates. The FCC recommended investigation of universal service in unserved and underserved areas because telephone penetration rates among low-income consumers on tribal lands lagged behind rates in the rest of the country. From these hearings, the FCC proposed a jurisdictional framework to determine which eligible carriers would be under tribal, state, or federal jurisdiction. This ...


The Second Amendment: Structure, History, And Constitutional Change, David Yassky Dec 2000

The Second Amendment: Structure, History, And Constitutional Change, David Yassky

Michigan Law Review

A fierce debate about the Second Amendment has been percolating in academia for two decades, and has now bubbled through to the courts. The question at the heart of this debate is whether the Amendment restricts the government's ability to regulate the private possession of firearms. Since at least 1939 - when the Supreme Court decided United States v. Miller, its only decision squarely addressing the scope of the right to "keep and bear Arms" - the answer to that question has been an unqualified "no." Courts have brushed aside Second Amendment challenges to gun control legislation, reading the Amendment to ...


The Mixed Messages Of Title Ix, Sherman J. Clark Dec 2000

The Mixed Messages Of Title Ix, Sherman J. Clark

University of Michigan Journal of Law Reform

Introduction to a University of Michigan Journal of Law Reform Symposium entitled Competing in the 21st Century: Title IX, Gender Equity, and Athletics.


Pay Equity For Coaches And Athletic Administrators: An Element Of Title Ix?, Barbara Osborne, Marilyn V. Yarbrough Dec 2000

Pay Equity For Coaches And Athletic Administrators: An Element Of Title Ix?, Barbara Osborne, Marilyn V. Yarbrough

University of Michigan Journal of Law Reform

In this Article, Professors Osborne and Yarbrough address the issue of gender discrimination in the compensation of coaches and athletic administrators. They discuss the application of the Equal Pay Act of 1963 and Title VII to pay inequity claims and conclude that both have proven to be inadequate as a means of addressing the problem. Professors Osborne and Yarbrough then present Title IX as a way of countering the problem of gender discrimination in the compensation of coaches. They also discuss the prospects for gender equality in compensation by considering several cases addressing the issue. Finally, they offer recommendations both ...


Who Is An Indian? Searching For An Answer To The Question At The Core Of Federal Indian Law, Margo S. Brownell Dec 2000

Who Is An Indian? Searching For An Answer To The Question At The Core Of Federal Indian Law, Margo S. Brownell

University of Michigan Journal of Law Reform

The definition of Indian is the measure of eligibility for a variety of benefits and programs provided to Indians under federal law. There is confusion, however, at the core of efforts to define "Indian." This confusion raises many concerns about the role that government plays in defining "Indian." This Note surveys the most common definitions of "Indian" found in federal statutes, BIA regulations, and state laws. The author argues that the racial basis of many of these laws and regulations are unconstitutional and tread on the sovereignty of Indian tribes. She evaluates efforts of the federal government to avoid these ...


Equally Bad Is Not Good: Allowing Title Ix "Compliance" By The Elimination Of Men's Collegiate Sports, Donald E. Shelton Dec 2000

Equally Bad Is Not Good: Allowing Title Ix "Compliance" By The Elimination Of Men's Collegiate Sports, Donald E. Shelton

University of Michigan Journal of Law Reform

Athletic participation is an important part of the educational process, instilling important lessons about discipline and teamwork. Title IX was intended to address the historic lack of opportunities for women and girls to participate in school athletics. Unfortunately, the current administrative interpretation of Title IX permits the elimination of male athletic opportunities as a means of complying with the statute's equality standard. This result undermines the purpose of Title IX and the role of athletics in the educational process for all students.


The Struggle For Sex Equality In Sport And The Theory Behind Title Ix, Deborah Brake Dec 2000

The Struggle For Sex Equality In Sport And The Theory Behind Title Ix, Deborah Brake

University of Michigan Journal of Law Reform

Title IX's three-part test for measuring discrimination in the provision of athletic opportunities to male and female students has generated heated controversy in recent years. In this Article, Professor Brake discusses the theoretical underpinnings behind the three-part test and offers a comprehensive justification of this theory as applied to the context of sport. She begins with an analysis of the test's relationship to other areas of sex discrimination law, concluding that, unlike most contexts, Title IX rejects formal equality as its guiding theory, adopting instead an approach that focuses on the institutional structures that subordinate girls and women ...


Gender And Intercollegiate Athletics: Data And Myths, Julia Lamber Dec 2000

Gender And Intercollegiate Athletics: Data And Myths, Julia Lamber

University of Michigan Journal of Law Reform

This Article explores what nondiscrimination means in the context of intercollegiate athletics. After reviewing the Department of Education's controversial Title IX Policy Interpretation, it critically examines the analytical framework used in Title IX athletic cases and concludes that commonly made analogies to litigation under Title VII of the 1964 Civil Rights Act are inapt. A major part of the Article is an empirical study, looking first at gender equity plans written by institutions of higher education for the National Collegiate Athletic Association and then at data collected from more than 325 institutions pursuant to the Equity in Athletics Disclosure ...


An "Olympics" Approach: A More Equitable Approach To Athletics Than Title Ix Offers, Marcia Federbush Dec 2000

An "Olympics" Approach: A More Equitable Approach To Athletics Than Title Ix Offers, Marcia Federbush

University of Michigan Journal of Law Reform

A speech from Marcia Federbush, the writer of the first comprehensive Title IX complaint against a major university - the University of Michigan.


Proactive Legislation And The First Amendment, Stuart Minor Benjamin Nov 2000

Proactive Legislation And The First Amendment, Stuart Minor Benjamin

Michigan Law Review

It is a commonplace that the world is changing rapidly, with whole sectors of the economy being transformed. New forms of communication, like the World Wide Web, e-mail, and satellite television, have risen from obscurity to ubiquity in less than a decade. The speed of these changes has led some to express concern about the ability of governments to respond. The fear is that governments cannot keep up with developments as they occur and thus get hopelessly behind. The solution, according to some, is for the government to act proactively - before a harm has arisen, so that the government can ...


The Exclusion Of Hiv-Positive Immigrants Under The Nicaraguan Adjustment And Central American Relief Act And The Haitian Refugee Immigration Fairness Act, Statutory Interpretation, Communicable Disease, Public Health, Legislative Intent, Shayna S. Cook Nov 2000

The Exclusion Of Hiv-Positive Immigrants Under The Nicaraguan Adjustment And Central American Relief Act And The Haitian Refugee Immigration Fairness Act, Statutory Interpretation, Communicable Disease, Public Health, Legislative Intent, Shayna S. Cook

Michigan Law Review

The United States has turned away immigrants infected with the human immunodeficiency virus ("HIV") under the public health exclusion of the Immigration and Nationality Act ("INA") since the mid-1980's. Since Congress codified the HIV exclusion in 1993, any alien applying for an immigrant or nonimmigrant visa, adjustment of status to lawful permanent resident, or refugee status must first have a blood test for HIV. The HIV exclusion is not absolute, however. Each HIV-positive alien can apply for one of two waivers of the HIV exclusion that are available in the INA. When an alien applies for immigrant or permanent ...


The Public Justification Approach To Statutory Interpretation, Bernard W. Bell Oct 2000

The Public Justification Approach To Statutory Interpretation, Bernard W. Bell

Rutgers Law School (Newark) Faculty Papers

Legislative history seems inextricably intertwined with the concept of legislative intentexamining legislative history makes sense only if one wishes to determine legislative intent. The contestants on both sides of the current battle over using legislative history may agree on little, but they seem to agree on this point. Legislative history’s devotees argue that determining legislative intent is the goal of statutory interpretation, and the legitimacy of referring to legislative history seems to follow without much argument. That is, legislative history merely serves as a tool to find illusive legislative intent, but, in itself, lacks significance. Those who attack legislative ...


Public Safety 2000: Creating A Safer California, Assembly Committee On Public Safety Oct 2000

Public Safety 2000: Creating A Safer California, Assembly Committee On Public Safety

California Assembly

Legislative summary.


Legislative Summary - 2000 Session, Assembly Committee On Information Technology Oct 2000

Legislative Summary - 2000 Session, Assembly Committee On Information Technology

California Assembly

Committee Members:
John A. Dutra, Chair
Patricia C. Bates, Vice-Chair
Elaine Alquist
Mike Briggs
Denise Moreno Ducheny


Legislative Bill Summary: 1999-2000 Legislative Session, Assembly Committee On Natural Resources Oct 2000

Legislative Bill Summary: 1999-2000 Legislative Session, Assembly Committee On Natural Resources

California Assembly

HOWARD WAYNE, CHAIRMAN

COMMITTEE MEMBERS:
SAM AANESTAD, VICE CHAIRMAN
RICHARD DICKERSON
HANNAH-BETH JACKSON
FRED KEELEY
ALAN LOWENTHAL
MIKE MACHADO
CAROLE MIGDEN
RICO OLLER
ROBERT PACHECO
DARRELL STEINBERG

COMMITTEE STAFF:
WILLIAM J. CRAVEN, CHIEF CONSULTANT
SCOTT H. VALOR, SENIOR CONSULTANT
KYRA EMANUELS ROSS, ASSOCIATE CONSULTANT
AURORA WALLIN, COMMITTEE SECRETARY


1999-2000 Labor Issues And Legislation, Assembly Committee On Labor And Employment Oct 2000

1999-2000 Labor Issues And Legislation, Assembly Committee On Labor And Employment

California Assembly

Members:
Gloria Romero, Chair
Bob Margett, Vice Chair
Wally Knox
Martin Gallegos
Tom McClintock
Carole Migden
Rico Oller
Kevin Shelley
Darrell Steinberg

Staff:
Ralph Lightstone
Frances Fort
Manuel Valencia
Will Gonzalez (1999)
Brenda Heiser
Lorie Erickson


F00rs Sgb No. 12 (Seac), Henderson Oct 2000

F00rs Sgb No. 12 (Seac), Henderson

Student Senate Enrolled Legislation

A BILL

To appropriate seven hundred ninety-five dollars ($795) to the LSU Chapter of the Student Environmental Action Coalition (SEAC) to help defray the costs of sending delegates to the U.S. Student Climate Summit of the United Nations Framework Convention on Climate Change (UNFCCC) November 18th-25th at The Hague, Netherlands.


F00rs Sgb No. 8 (Election Code), Jeansonne, Peters Oct 2000

F00rs Sgb No. 8 (Election Code), Jeansonne, Peters

Student Senate Enrolled Legislation

A BILL

To amend Article IV, Section 3 of the LSU A&M Student Government Election Code as it pertains to prohibited methods of campaigning.


F00rs Sgb No. 7 (Election Code), Grantham, Nolan, Nunez Oct 2000

F00rs Sgb No. 7 (Election Code), Grantham, Nolan, Nunez

Student Senate Enrolled Legislation

A BILL

To amend Article IV, Section 3, Subsection C of the LSU A&M Student Government Election Code as it pertains to prohibited methods of campaigning.


F00rs Sgb No. 4 (Bio Engr), Griggs Oct 2000

F00rs Sgb No. 4 (Bio Engr), Griggs

Student Senate Enrolled Legislation

A BILL

To appropriate one thousand two hundred sixty-five dollars and seventeen cents ($1,265.17) to the LSU Department of Biological Engineering Senior Design Project Team to help defray the cost of purchasing hardware and chemicals to be used in the fabrication and testing of a prototype for a student-designed biological reactor that will produce xylitol.


F00rs Sgr No. 9 (Freshmen Residency), Cooper, Baker, Fransen Oct 2000

F00rs Sgr No. 9 (Freshmen Residency), Cooper, Baker, Fransen

Student Senate Enrolled Legislation

A RESOLUTION

To recommend to Provost Fogel and the Department of Residential Life that the “Freshmen Residency Program” not be imposed for the fall of 2003 due to the high costs of living on campus and the decrepit facilities at Louisiana State University.


F00rs Sgr No. 5 (Retreat), Warner Oct 2000

F00rs Sgr No. 5 (Retreat), Warner

Student Senate Enrolled Legislation

A RESOLUTION

To express thanks, on behalf of the LSU A&M Student Senate, to the LSU Baptist Collegiate Ministry for allowing use of their facilites at no charge for our Fall 2000 Student Senate Retreat.


S00rs Sgb No. 14 (Women's Rugby), Rader Oct 2000

S00rs Sgb No. 14 (Women's Rugby), Rader

Student Senate Enrolled Legislation

A BILL

To appropriate one thousand thirty-seven dollars and fifty-nine cents ($1037.59) to the LSU Women’s Rugby Football Club to help defray the cost of traveling expenses and tournament fees.


S00rs Sgb No. 13 (Constitution), Impastato, Jeansonne Oct 2000

S00rs Sgb No. 13 (Constitution), Impastato, Jeansonne

Student Senate Enrolled Legislation

A BILL

To amend Article III, Sections 1 & 3-7 of the LSU A&M Student Government Constitution as they pertain to the office of the Vice President of Student Government.