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Stacked Competition And Phony Deregulation For At&(And)T: The Proposed Telecommunications Competition And Deregulation Act Of 1981, Louis B. Schwartz Jan 1981

Stacked Competition And Phony Deregulation For At&(And)T: The Proposed Telecommunications Competition And Deregulation Act Of 1981, Louis B. Schwartz

UC Law SF Communications and Entertainment Journal

No abstract provided.

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Violence In Professional Sports: A Proposal For Self-Regulation, Don Eugene-Nolan Gibson Jan 1981

Violence In Professional Sports: A Proposal For Self-Regulation, Don Eugene-Nolan Gibson

UC Law SF Communications and Entertainment Journal

No abstract provided.

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Updating The Communications Act: New Electronics, Old Economics, And The Demise Of The Public Interest, Peter J. Kokalis Jan 1981

Updating The Communications Act: New Electronics, Old Economics, And The Demise Of The Public Interest, Peter J. Kokalis

UC Law SF Communications and Entertainment Journal

No abstract provided.

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Cable Television, Government Regulation, And The First Amendment, Henry Goldberg, Robert W. Ross, Phillip L. Spector Jan 1981

Cable Television, Government Regulation, And The First Amendment, Henry Goldberg, Robert W. Ross, Phillip L. Spector

UC Law SF Communications and Entertainment Journal

No abstract provided.

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State Action Immunity And Antitrust Issues In Cable Television Franchising, Stephen D. Susman, Mark L. D. Wawro Jan 1981

State Action Immunity And Antitrust Issues In Cable Television Franchising, Stephen D. Susman, Mark L. D. Wawro

UC Law SF Communications and Entertainment Journal

No abstract provided.

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Municipal Ownership Of Cable Television: Some Issues And Problems, Michael J. Henderson Jan 1981

Municipal Ownership Of Cable Television: Some Issues And Problems, Michael J. Henderson

UC Law SF Communications and Entertainment Journal

No abstract provided.

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Unauthorized Pay Television Reception Under Section 605 Of The Communications Act, Allen N. Dixon Iii Jan 1981

Unauthorized Pay Television Reception Under Section 605 Of The Communications Act, Allen N. Dixon Iii

UC Law SF Communications and Entertainment Journal

No abstract provided.

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The Equal Time And Fairness Doctrines: Outdated Or Crucial To American Politics In The 1980s, Howard Downs, Karen Karpen Jan 1981

The Equal Time And Fairness Doctrines: Outdated Or Crucial To American Politics In The 1980s, Howard Downs, Karen Karpen

UC Law SF Communications and Entertainment Journal

The Federal Communications Commission recently voted to urge congressional repeal of the equal opportunities and fairness doctrines. This article evaluates the arguments favoring repeal in light of the probable impact of the media on the political process in the 1980's. Instead of repeal of the doctrines, the authors advocate adoption of a "proportional time law," which would enable broadcasters to concentrate coverage on major political candidates, but also ensure some coverage of minor candidates.

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The First Amendment And The Cable Television Operator: An Unprotective Shield Against Public Access Requirements, Michael I. Meyerson Jan 1981

The First Amendment And The Cable Television Operator: An Unprotective Shield Against Public Access Requirements, Michael I. Meyerson

UC Law SF Communications and Entertainment Journal

This article focuses on the question of whether state-imposed public access requirements violate the First Amendment rights of the cable television operator. The author rejects a traditional approach to this issue and suggests that the appropriate analysis asks whether the law abridges expression the First Amendment was meant to protect. That is, do cable access requirements abridge speech safeguarded by the First Amendment? The article demonstrates that such requirements do not hinder, but in fact further, fundamental First Amendment interests. Finally, the article shows that access requirements fulfill the standards of the constitutional tests for each classification into which they …

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Child Pornography, The First Amendment, And The Media: The Constitutionality Of Super-Obscenity Laws, James W. Moore Jan 1981

Child Pornography, The First Amendment, And The Media: The Constitutionality Of Super-Obscenity Laws, James W. Moore

UC Law SF Communications and Entertainment Journal

Child pornography statutes have been passed by Congress and most of the states. This note examines one such law, New York section 263.15, which has been declared unconstitutional by the New York Court of Appeals. The author contends that the law impinges on freedom of expression in ways unnecessary to achieve its purpose and should be declared unconstitutional.

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Pirates Walk The Plank: The Unauthorized Interception Of Pay Telelvision Transmissions, John H. Works Jr. Jan 1981

Pirates Walk The Plank: The Unauthorized Interception Of Pay Telelvision Transmissions, John H. Works Jr.

UC Law SF Communications and Entertainment Journal

The purpose of this note is to discuss the unauthorized interception of subscription television transmissions and to explain how the Federal Communications Commission and the courts finally arrived at the conclusion that television piracy is illegal activity. Until recently, there has been very little litigation on this question, and the remedies available to the subscription television services. Subscription television companies have attempted to protect their signals either by scrambling them or by transmitting them over microwave frequencies. Pirates have sold equipment capable of either decoding scrambled signals or receiving microwave transmission. The author makes several recommendations on how the unauthorized …

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Literature And Libel, Marc A. Franklin, Robert Trager Jan 1981

Literature And Libel, Marc A. Franklin, Robert Trager

UC Law SF Communications and Entertainment Journal

This article explores cases in which publications that purport to be fiction have led to claims of defamation. It begins with an analysis of the common law, which shows the central importance of proving that the defamation was "of and concerning" the plaintiff. Next, the article considers the impact of recent constitutional developments in the area of nonfiction defamation. The authors argue that fiction is entitled to no more and no less constitutional protection than nonfiction publications. They thus reject absolute privilege on the one hand and strict liability on the other. Then then develop analogies to the Times-Gertz privilege …

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The Regulatory Status Of Cable Television Leased Channels: Issues Of Common Carriage And Preemption, Nicholas P. Miller, W. Randolph Young, Robert H. Ruxin Jan 1981

The Regulatory Status Of Cable Television Leased Channels: Issues Of Common Carriage And Preemption, Nicholas P. Miller, W. Randolph Young, Robert H. Ruxin

UC Law SF Communications and Entertainment Journal

As cable television develops into a communications medium capable of providing a vast array of voice, data and television communications services, there is an increasing interest by local governments in requiring the cable operator to provide access to the cable system through leased channels. The article examines cable leased channels in terms of common carriage and the possible jurisdictional questions raised between the federal, state and local governments. Leased channel requirements can be implemented in such a way so as to impose a common carrier classification of not. Although common carrier obligations for leased channel services may be publicly beneficial, …

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After Richmond Newspapers: A Public Right To Attend Civil Trials, Doug Gummerman Jan 1981

After Richmond Newspapers: A Public Right To Attend Civil Trials, Doug Gummerman

UC Law SF Communications and Entertainment Journal

In Richmond Newspapers, Inc. v. Virginia, the United States Supreme Court ruled that the public and press have a First Amendment right of access to criminal trials. The 1980 decision left many questions unanswered, however. Among them is whether the public's right to attend will someday be extended to include civil trials. This note analyzes the Richmond decision, examines the history of the public civil trial, and arrives at an answer to this question. The currently-recognized exceptions to the open civil trial are then examined, with particular attention paid to the various state statutes which authorize trial closure in certain …

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The European Patent System, Friedrich - Karl Beier Jan 1981

The European Patent System, Friedrich - Karl Beier

Vanderbilt Journal of Transnational Law

The formation of the European patent system, which I have presented here only in part and which is still missing one essential element, the Common Market patent, constitutes a milestone in the development of international patent law. No event since the Paris Convention for the Protection of Industrial Property in 1883 has so drastically changed the system of protection of inventions as the European patent system will. I do not except the Patent Cooperation Treaty (PCT) signed in Washington in 1970 and entered into force over two years ago. It certainly overcomes the territorial approach of the Paris Convention in …

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Technology Transfer As An Issue In North/South Negotiations, Homer O. Blair Jan 1981

Technology Transfer As An Issue In North/South Negotiations, Homer O. Blair

Vanderbilt Journal of Transnational Law

For a number of years, negotiations have been taking place on an international scale, usually under the auspices of the United Nations or one of its specialized agencies, on a wide variety of subjects involving technology transfer between the developed countries (the North) and the less developed or developing countries (the South). Three primary groups are involved in the United Nations negotiations. The first is known as the Group of 77, which now includes more than 120 developing countries, including countries in South and Central America, Africa, and Asia. Within this group the degree of development varies from countries such …

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The Uncertain Search For A Design Defect Standard, Steven A.G. Davison Jan 1981

The Uncertain Search For A Design Defect Standard, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.

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The Copyright Exception For Derivative Works And The Scope Of Utilization, Carole A. Ellingson Oct 1980

The Copyright Exception For Derivative Works And The Scope Of Utilization, Carole A. Ellingson

Indiana Law Journal

No abstract provided.

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Combination Patents And Synergism: Must 2 + 2 = 5? Sep 1980

Combination Patents And Synergism: Must 2 + 2 = 5?

Washington and Lee Law Review

No abstract provided.

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Home Videorecording And Copyright Law: The Betamax Case Sep 1980

Home Videorecording And Copyright Law: The Betamax Case

Washington and Lee Law Review

No abstract provided.

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Toward A Constitutional Theory Of Expression: The Copyright Clause, The First Amendment, And Protection Of Individual Creativity, Jacqueline Shapiro Jul 1980

Toward A Constitutional Theory Of Expression: The Copyright Clause, The First Amendment, And Protection Of Individual Creativity, Jacqueline Shapiro

University of Miami Law Review

The author presents a unique theory of personal expression under the Constitution, which posits that underlying the first amendment and the copyright clause is the principle that the public good requires encouragement, not suppression, of individual expression. Historically, decisions undermining authors' copyrights in favor of other social goals discouraged the creativity necessary for cultural development, and Congress and the courts responded by increasing the protection of authors and expanding the domain of copyrightable works. Similarly, official proscription of commercial and offensive speech for less than the most urgent social needs threatens to inhibit the creative spirit protected by the first …

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Theatrical Motion Pictures And The Law: A Comprehensive Bibliography Of Law-Related Materials, Frank Houdek, James L. Gunderson Jan 1980

Theatrical Motion Pictures And The Law: A Comprehensive Bibliography Of Law-Related Materials, Frank Houdek, James L. Gunderson

UC Law SF Communications and Entertainment Journal

No abstract provided.

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The Muncie Gear Doctrine And The Effect Of Section 132 Upon It, Robert C. Ryan Jan 1980

The Muncie Gear Doctrine And The Effect Of Section 132 Upon It, Robert C. Ryan

Loyola University Chicago Law Journal

No abstract provided.

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Towards A Right Of Biography: Controlling Commercial Exploitation Of Personal History, Erik D. Lazar Jan 1980

Towards A Right Of Biography: Controlling Commercial Exploitation Of Personal History, Erik D. Lazar

UC Law SF Communications and Entertainment Journal

No abstract provided.

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The New Copyright Law, Public Broadcasting, And The Public Interest: A Response To Public Broadcasting And The Compulsory License, Eric Smith, James F. Lightstone Jan 1980

The New Copyright Law, Public Broadcasting, And The Public Interest: A Response To Public Broadcasting And The Compulsory License, Eric Smith, James F. Lightstone

UC Law SF Communications and Entertainment Journal

No abstract provided.

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Peeking Behind Judicial Robes: A First Amendment Analysis Of Confidential Investigations Of The Judiciary, Cydney Ann Hurowitz Jan 1980

Peeking Behind Judicial Robes: A First Amendment Analysis Of Confidential Investigations Of The Judiciary, Cydney Ann Hurowitz

UC Law SF Communications and Entertainment Journal

No abstract provided.

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Morseburg V. Baylon - The High Court Grants Royalty A Reprieve: Constitutional Challenges To The California Resale Royalties Act, Bob Jones Jan 1980

Morseburg V. Baylon - The High Court Grants Royalty A Reprieve: Constitutional Challenges To The California Resale Royalties Act, Bob Jones

UC Law SF Communications and Entertainment Journal

No abstract provided.

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Functional Works Of Art: Copyright, Design Patent, Or Both, Joan Paul Jan 1980

Functional Works Of Art: Copyright, Design Patent, Or Both, Joan Paul

UC Law SF Communications and Entertainment Journal

No abstract provided.

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The Federal Trade Commission Franchise Disclosure Rule, 13 J. Marshall L. Rev. 637 (1980), Mary L. Brown, Lynn R. Price Jan 1980

The Federal Trade Commission Franchise Disclosure Rule, 13 J. Marshall L. Rev. 637 (1980), Mary L. Brown, Lynn R. Price

UIC Law Review

No abstract provided.

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The Mcdonald's Antitrust Litigation: Real Estate Tying Agreements In Trademark Franchising, 13 J. Marshall L. Rev. 607 (1980), Elliot R. Zinger Jan 1980

The Mcdonald's Antitrust Litigation: Real Estate Tying Agreements In Trademark Franchising, 13 J. Marshall L. Rev. 607 (1980), Elliot R. Zinger

UIC Law Review

No abstract provided.

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