Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Entertainment, Arts, and Sports Law (21)
- Intellectual Property Law (19)
- Business Organizations Law (2)
- First Amendment (2)
- International Law (2)
-
- Internet Law (2)
- Science and Technology Law (2)
- Administrative Law (1)
- Antitrust and Trade Regulation (1)
- Civil Law (1)
- Commercial Law (1)
- Constitutional Law (1)
- Courts (1)
- Criminal Law (1)
- Criminal Procedure (1)
- Estates and Trusts (1)
- European Law (1)
- Fourth Amendment (1)
- International Trade Law (1)
- Judges (1)
- Law and Economics (1)
- Law and Politics (1)
- Law and Society (1)
- Legislation (1)
- Privacy Law (1)
- Property Law and Real Estate (1)
- Securities Law (1)
- Institution
-
- UC Law SF (19)
- Howard University (5)
- University of Michigan Law School (4)
- Brigham Young University Law School (2)
- Villanova University Charles Widger School of Law (2)
-
- Cleveland State University (1)
- Notre Dame Law School (1)
- The Catholic University of America, Columbus School of Law (1)
- UIC School of Law (1)
- University of Georgia School of Law (1)
- University of Miami Law School (1)
- University of Richmond (1)
- Vanderbilt University Law School (1)
- Washington and Lee University School of Law (1)
- Keyword
-
- FCC (3)
- Media (3)
- Broadcasting (2)
- Federal Communications Commission (2)
- Judicial review (2)
-
- Law reform (2)
- Northern Ireland (2)
- 1934 Communications Act (1)
- 1984 Cable Policy Act (1)
- Access to information (1)
- American Civil Liberties Union v. FCC (1)
- Anti-concentration (1)
- Antitrust (1)
- Antitrust suits (1)
- Associated Press v. United States (1)
- Broadcast fairness (1)
- Broadcasting policy (1)
- Cable Communications Policy Act (1)
- Cable Inc. v. City of Santa Cruz (1)
- Cable carriage (1)
- Cable regulation (1)
- Cable television (1)
- Cable traffic (1)
- Central Telecommunications Inc. v. TCI Cablevision (1)
- Century Communications Decision (1)
- City Communications v. City of Detroit (1)
- City of Los Angeles v. Preferred Communications (1)
- Community Communications v. City of Boulder (1)
- Computers (1)
- Data (1)
- Publication
-
- UC Law SF Communications and Entertainment Journal (19)
- Selected Speeches (5)
- BYU Law Review (2)
- Michigan Law Review (2)
- Villanova Law Review (2)
-
- Cleveland State Law Review (1)
- Journal Articles (1)
- LLM Theses and Essays (1)
- Michigan Journal of International Law (1)
- Scholarly Articles (1)
- UIC Law Review (1)
- University of Miami Law Review (1)
- University of Michigan Journal of Law Reform (1)
- University of Richmond Law Review (1)
- Vanderbilt Journal of Transnational Law (1)
- Washington and Lee Law Review (1)
- Publication Type
Articles 1 - 30 of 41
Full-Text Articles in Communications Law
Independent Motion Picture Financing: Unregistered Limited Partnership Offerings, James L. Thompson
Independent Motion Picture Financing: Unregistered Limited Partnership Offerings, James L. Thompson
BYU Law Review
No abstract provided.
Libel Reform: An Appraisal, C. Thomas Dienes
Libel Reform: An Appraisal, C. Thomas Dienes
University of Michigan Journal of Law Reform
Today, I am going to talk about the law of libel. A major part of my work at U.S. News is prepublication review of U.S. News and World Report and The Atlantic. I make difficult decisions such as assessing the risk that the Ayatollah Khomeini might sue the magazine for libel. I am not sure if you can libel the Ayatollah, but be careful if you do-he has very potent remedies. I will not focus on the law of libel as it is practiced in Michigan or in other states today. Instead, I want to examine proposals for the …
Supplemental Comments, J. Clay Smith Jr.
The Evolution Of Distress Sales: A Direct Benefit To Non-Minorities, J. Clay Smith Jr.
The Evolution Of Distress Sales: A Direct Benefit To Non-Minorities, J. Clay Smith Jr.
Selected Speeches
No abstract provided.
The Evolution Of Distress Sales: A Direct Benefit To Non-Minorities, J. Clay Smith Jr.
The Evolution Of Distress Sales: A Direct Benefit To Non-Minorities, J. Clay Smith Jr.
Selected Speeches
No abstract provided.
The Evolution Of Distress Sales: A Direct Benefit To Non-Minorities, J. Clay Smith Jr.
The Evolution Of Distress Sales: A Direct Benefit To Non-Minorities, J. Clay Smith Jr.
Selected Speeches
No abstract provided.
The Evolution Of Distress Sales: A Direct Benefit To Non-Minorities, J. Clay Smith Jr.
The Evolution Of Distress Sales: A Direct Benefit To Non-Minorities, J. Clay Smith Jr.
Selected Speeches
No abstract provided.
The Electronic Commonwealth: The Impact Of New Media Technologies On Democratic Politics, Gregory T. Everts
The Electronic Commonwealth: The Impact Of New Media Technologies On Democratic Politics, Gregory T. Everts
Michigan Law Review
A Review of The Electronic Commonwealth: The Impact of New Media Technologies on Democratic Politics by Jeffrey B. Abramson, F. Christopher Arterton, and Gary R. Orren
Opening Doors In Foreign Market Trade Through The Telecommunications Trade Bill, Colette E. Neuner
Opening Doors In Foreign Market Trade Through The Telecommunications Trade Bill, Colette E. Neuner
BYU Law Review
No abstract provided.
American Broadcasting And The First Amendment, René L. Todd
American Broadcasting And The First Amendment, René L. Todd
Michigan Law Review
A Review of American Broadcasting and the First Amendment by Lucas A. Powe, Jr.
The Fcc's Regulation Of Broadcast Indecency: A Broadened Approach For Removing Immorality From The Airwaves, Jay A. Gayoso
The Fcc's Regulation Of Broadcast Indecency: A Broadened Approach For Removing Immorality From The Airwaves, Jay A. Gayoso
University of Miami Law Review
No abstract provided.
Validity Of Post-Employment Non-Compete Covenants In Broadcast News Employment Contracts, Jon H. Sylvester
Validity Of Post-Employment Non-Compete Covenants In Broadcast News Employment Contracts, Jon H. Sylvester
UC Law SF Communications and Entertainment Journal
Post-employment non-compete covenants are problematic on both economic policy and individual rights bases. Such convenants are prevalent in the broadcast news industry, where enforcement is inconsistent and unpredictable largely because of the "unique services" rationale. The author argues that the problem of enforceability should be addressed statutorily.
Aural Sex: Has Congress Gone Too Far By Going All The Way With Dial-A-Porn, Heidi Skuba Maretz
Aural Sex: Has Congress Gone Too Far By Going All The Way With Dial-A-Porn, Heidi Skuba Maretz
UC Law SF Communications and Entertainment Journal
Dial-a-Porn continues to be a multimillion dollar industry in this country. Amendments in 1988 to the federal statute governing Dial-a-Porn resulted in a complete prohibition of all obscene and indecent recorded phone messages. The Supreme Court is expected to rule on the constitutionality of this statute for the first time in July 1989 in Sable Communicatios v. FCC. This Note discusses the statute in its current and pre-amendment forms and analyzes Second and Ninth Circuit decisions attempting to balance the competing interests concerning Dial-a- Porn. The author argues that the current statute is unconstitutional and should be struck down in …
Vads, Vars, And Authorized Dealers - Do The Franchise Laws Apply To The Computer Industry, Kennedy A. Brooks
Vads, Vars, And Authorized Dealers - Do The Franchise Laws Apply To The Computer Industry, Kennedy A. Brooks
UC Law SF Communications and Entertainment Journal
VAD/VAR distribution programs may be "franchises" within the technical definitions in applicable federal and state laws. Computer products manufacturers should exercise care in the design of their dealer channels to avoid the impact of these laws. This Article reviews the basic features of these distribution channels, analyzes the components of the various definitions of a franchise, and discusses how these laws might affect the characteristics of a computer dealer channel.
Carrying Copyright Too Far: The Inadequacy Of The Current System Of Protection For Computer Programs, Virginia R. Lyons
Carrying Copyright Too Far: The Inadequacy Of The Current System Of Protection For Computer Programs, Virginia R. Lyons
UC Law SF Communications and Entertainment Journal
Currently available methods of legal protection are inappropriate for software. Because copyright law developed long before the advent of computer programs, it does not take into consideration the specialized needs of the new technology. This Note examines the way copyright law was manipulated to address early problems in software protection, and the problems which result when these rules are applied to recent, more complicated cases. The Note then proposes a new system of legal protection for computer programs.
The Future Of Software Copyright Protection: Arbitration V. Litigation, Alisa E. Anderson
The Future Of Software Copyright Protection: Arbitration V. Litigation, Alisa E. Anderson
UC Law SF Communications and Entertainment Journal
The legal profession and computer industry have expressed dissatisfaction with the existing copyright protection provided computer software and its traditional means of enforcement by litigation. These criticisms are exemplified in the protracted NEC Corp. v. Intel Corp. litigation. After examination of the current copyright laws and the recent NEC/Intel decision, the author analyzes the IBM/Fujitsu settlement, which created a new hybrid form of commercial arbitration. By relinquishing extensive control over their businesses to the arbitrators, IBM and Fujitsu established a sophisticated mechanism to resolve future conflicts and forestall future litigation. The author concludes that this hybrid method of arbitration is …
The Constitutional Administration Of The Beirut Agreement: Paradox Or Possibility, Alison E. Baur
The Constitutional Administration Of The Beirut Agreement: Paradox Or Possibility, Alison E. Baur
UC Law SF Communications and Entertainment Journal
The Beirut Agreement is a multilateral treaty that allows for the dutyfree exchange of audiovisual materials, if they are certified by the exporting country to be "cultural, educational or scientific." The certification criteria used by the United States to define these terms was struck down as unconstitutional in the case of Bullfrog Films v. Wick. This Note analyzes the Bullfrog case and its subsequent appeal, as well as the issues surrounding the continued efforts of the United States Information Agency to draft satisfactory criteria. The Note concludes with the author offering suggestions for a constitutionally acceptable set of certification criteria.
Technological Poetry: The Interface Between Copyrights And Patents For Software, Willis E. Higgins
Technological Poetry: The Interface Between Copyrights And Patents For Software, Willis E. Higgins
UC Law SF Communications and Entertainment Journal
For historical reasons, there is an overlap between patent coverage for software as a technology and copyright coverage for software as a literary work. Each of these forms of protection for software has a proper role and should be allowed to coexist. Through common law evolution in case law and patent grants by the U.S. Patent and Trademark Office, patents have become the way to protect new and nonobvious functional concepts of software. Therefore, courts may be less willing to expand the scope of protected expression of copyrights to protect the functional aspects of software.
Mandatory Television Access For Minor Party Presidential Candidates: Revamping Section 315 Of The Equal Opportunities Doctrine, M. Shannon Underwood
Mandatory Television Access For Minor Party Presidential Candidates: Revamping Section 315 Of The Equal Opportunities Doctrine, M. Shannon Underwood
UC Law SF Communications and Entertainment Journal
The Equal Opportunities Doctrine requires that broadcasters providing exposure to candidates make comparable time available to all other candidates for the same elective office. Unfortunately, the Doctrine has been emasculated by exemptions that provide the Republican and Democratic candidates with free air time while denying time to minor party candidates, thus frustrating the Doctrine's goal of informing the public of a wide array of political thought. This Note argues that the exemptions from the Doctrine should be narrowed and also advocates a system of mandatory access for political candidates based upon their showing in the polls.
What Does The Fairness Doctrine Controversy Really Mean, Jerome A. Barron
What Does The Fairness Doctrine Controversy Really Mean, Jerome A. Barron
UC Law SF Communications and Entertainment Journal
In 1987, the FCC repealed broadcasting's Fairness Doctrine. This longestablished Doctrine required broadcasters to adequately cover issues of public importance and to provide a balanced presentation of controversial viewpoints. Opponents of the Fairness Doctrine would make broadcasting fungible, in a first amendment sense, with the print media. But what distinguishes broadcasting from the print media is not the Fairness Doctrine, but licensing in the public interest. This Commentary contends that there is an inherent bedrock fairness principle rooted in the public interest standard of the Federal Communications Act of 1934. The public interest standard is an independent source for the …
Pressing California Shield Law On Criminal Defendants: A Weighting Game, Amy R. Bach
Pressing California Shield Law On Criminal Defendants: A Weighting Game, Amy R. Bach
UC Law SF Communications and Entertainment Journal
Both the California Constitution and Evidence Code provide journalists with "shield" law protection that allows them to avoid contempt citations for failing to answer subpoenas. This protection allows them to ensure source confidentiality and is integral to the newsgathering process. However, it clashes with the federal constitutional guarantee that criminal defendants may subpoena information for their defense. This Note examines the controversy that arises when a criminal defendant seeks access via subpoena to the same information a reporter seeks to protect. The author proposes a revised approach to supplant currently inadequate standards for resolving such controversies.
Constitutional Considerations Of The Children's Television Act Of 1988: Why The President's Veto Was Warranted, David S. Versfelt
Constitutional Considerations Of The Children's Television Act Of 1988: Why The President's Veto Was Warranted, David S. Versfelt
UC Law SF Communications and Entertainment Journal
Late last year, President Reagan surprised many when he vetoed the Children's Television Act of 1988, which would have limited the time available for commercials broadcast during children's programming. His veto message referred to "freedom of expression," but did not elaborate on first amendment concerns raised by the legislation. The author evaluates these and other issues and concludes that President Reagan's veto was consistent with a sensitive approach to first amendment issues in the area of children's advertising.
Digital Sampling: The Copyright Considerations Of A New Technological Use Of Musical Performance, Jeffrey S. Newton
Digital Sampling: The Copyright Considerations Of A New Technological Use Of Musical Performance, Jeffrey S. Newton
UC Law SF Communications and Entertainment Journal
The author explores the controversial topic of digital sampling, a process that allows one musician to use another musician's performance without knowledge or consent. He explores the acquisition and use of samples and argues that a musician's "sound" is a copyrightable work, satisfying both constitutional and statutory requirements. The author further examines the interplay between sample acquisition and the Copyright Act's "fixation" requirement and the question of whether digitized tone colors are uncopyrightable upon utilitarian grounds. The author concludes that a musician's "sound" is copyrightable as a derivative work, that the standard of "substantial similarity" can be used to prove …
Trade-Based Remedies For Copyright Infringement: Utilizing A Loss-Preventative Synthesis, Antionette M. Von Dem Hagen
Trade-Based Remedies For Copyright Infringement: Utilizing A Loss-Preventative Synthesis, Antionette M. Von Dem Hagen
UC Law SF Communications and Entertainment Journal
Foreign infringement of U.S. intellectual property rights continues to affect U.S. business revenue, particularly for copyright-dependent industries. Trade-based remedies-such as sections 301 and 337 of the Trade Act of 1974, recently amended by the Omnibus Trade and Competitiveness Act of 1988-may be used to combat this infringement successfully. Sections 301 and 337 have generally been used separately as distinct remedies for different problems. This Note suggests, however, that in view of U.S. industries' long-term goal of reducing revenue losses attributable to foreign intellectual property infringement, sections 301 and 337 are more effectively used in tandem, particularly against copyright infringement. This …
Punitive Damages In Libel Cases After Browning-Ferris, P. Cameron Devore, Marshall J. Nelson
Punitive Damages In Libel Cases After Browning-Ferris, P. Cameron Devore, Marshall J. Nelson
UC Law SF Communications and Entertainment Journal
The award of punitive damages in libel cases has been a topic of constitutional debate ever since the United States Supreme Court imposed first amendment restrictions on state libel laws in 1964. More recently, the constitutionality of punitive damages has been challenged in non-libel cases under the eighth and fourteenth amendments. Last year, in Browning-Ferris Industries of Vermont v. Kelco Disposal, Inc., the Supreme Court held that punitive damages are not prohibited by the eighth amendment but expressly reserved the fourteenth amendment issue for later consideration. This Article examines Browning- Ferris in light of the Court's prior treatment of punitive …
The Department Of Communications: A Plan And Policy For The Abolition Of The Federal Communications Commission, Michael F. Starr, David J. Atkin
The Department Of Communications: A Plan And Policy For The Abolition Of The Federal Communications Commission, Michael F. Starr, David J. Atkin
UC Law SF Communications and Entertainment Journal
Few areas of federal oversight have been as inconsistently addressed as that involving the regulation of broadcast and wire communication. Action in this realm has been all too often governed by political, rather than social or economic, imperatives. Many, no doubt, accept this situation as a necessary element of democratic decisionmaking. The deregulatory fervor of the 1980s could thus be seen as part of a long-term process of political redefinition. The consequences of regulatory neglect in this area will affect more than the traditional broadcast constituency of the Federal Communications Commission (FCC). For, as traditional distinctions between communications technologies continue …
Transborder Data Flows: Do We Mean Freedom Or Business?, Michael Bothe
Transborder Data Flows: Do We Mean Freedom Or Business?, Michael Bothe
Michigan Journal of International Law
The growth of the modem "information society" is a phenomenon transcending national borders, characterized by tremendous progress in both telecommunications and computer technology - a technology called collectively "telematics." Telematics have not only become the vital nervous system of our domestic economies and begun to play an increasing role in our private lifestyles, but have grown to link the nations of the world in constant, instantaneous, and complex ways. These communications and the data conveyed through them (whether their raw material is written text, tables, numbers, pictures, or voices), due to their importance, are in many respects a matter of …
Cable Traffic And The First Amendment Must-Carry Under A Diversity Approach And Antitrust As Possible Alternative, Bruno Vandermeulen
Cable Traffic And The First Amendment Must-Carry Under A Diversity Approach And Antitrust As Possible Alternative, Bruno Vandermeulen
LLM Theses and Essays
Recent technological progress in the field of telecommunications has greatly changed the competitive structure between broadcasters, cable operators, and telephone companies. The legal and economic environment for these media participants has shifted, and new problems have arisen. One major problem is the enhanced threat of concentration of media corporations, as corporate bigness becomes desirable and the number of diversified owners of media outlets continues to decrease. This paper analyzes broadcasting regulations and subsequent case law to show the concern by the legislature and regulatory agencies to preserve diversity in opinion and media-ownership through emphasis on “localism” and a “marketplace of …
Adam Smith Assaults Ma Bell With His Invisible Hands: Divesture, Deregulation, And The Need For A New Telecommunications Policy, Paul Stephen Dempsey
Adam Smith Assaults Ma Bell With His Invisible Hands: Divesture, Deregulation, And The Need For A New Telecommunications Policy, Paul Stephen Dempsey
UC Law SF Communications and Entertainment Journal
In this article, the author provides a comprehensive legal, political, economic, and social analysis of the divestiture and partial deregulation of America's communications giant, AT&T. He reviews the three legal regimes that now oversee the telecommunications industry-the Federal Communications Commission, the state regulatory commissions, and Judge Harold Greene. After analyzing the costs and benefits of divestiture and deregulation, the author proposes congressional adoption of specific statutory solutions to the problems that have emerged. It is argued that the Federal Communications Act of 1934 should be updated to address contemporary social and economic needs.