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Shield Laws: The Legislative Response To Journalistic Privilege, Susan L. Dolin Jan 1977

Shield Laws: The Legislative Response To Journalistic Privilege, Susan L. Dolin

Cleveland State Law Review

Despite the increasing importance of the journalist in society, one controversy which has long been of significant concern to reporters has yet to be resolved - the compelled disclosure of journalistic sources in courtroom or grand jury proceedings. Threatened with citation for contempt, the journalist in such situations must often face two equally unacceptable alternatives: divulge a confidential source, or go to jail. To circumvent conflicts of this nature, the journalistic profession has urged the adoption of an evidentiary privilege which would protect reporters from compelled disclosure of confidential sources. This Note will focus on one means of instituting such …


The Emergence Of Art Law, James J. Fishman Jan 1977

The Emergence Of Art Law, James J. Fishman

Cleveland State Law Review

It is the purpose of this Article to examine the practical and legal origins of the field of art law, and to highlight principal legal questions which are of significant concern to the visual artist.


The Film Collector, The Fbi, And The Copyright Act, Francis M. Nevins Jr. Jan 1977

The Film Collector, The Fbi, And The Copyright Act, Francis M. Nevins Jr.

Cleveland State Law Review

We are presently in the early middle stages of a media revolution which will reach its climax when films, in one form or another, will be found in people's homes and under consumers' control in much the same way as books and phonograph records. Although the availability of home videotaping equipment represents a giant step forward in the process, the revolution began long before the invention of the Betamax. For well over twenty years hobbyist film collectors, currently between 20,000 and 120,000 in number, have been purchasing sixteen and thirty-five millimeter prints of both copyrighted and public domain films, and …


Performer's Right Of Publicity: A Limitation On News Privilege, Becky Moses Jan 1977

Performer's Right Of Publicity: A Limitation On News Privilege, Becky Moses

Cleveland State Law Review

The right of publicity protects an individual's right to control the use of a personal asset such as his name, likeness, or performance, which has acquired pecuniary value through the investment of time, effort, or money. Although this right has gained increasing recognition since the 1950's, it has often been confused with the right of privacy, out of which the right of publicity evolved. In Zacchini v. Scripps-Howard Broadcasting Co., the United States Supreme Court held that the news media is not privileged under the first and fourteenth amendments to broadcast a performer's entire act without his consent. It is …


Election Law And Election Reform: Strategy For The Long Run, Stephen E. Gottlieb Jan 1977

Election Law And Election Reform: Strategy For The Long Run, Stephen E. Gottlieb

West Virginia Law Review

No abstract provided.


Comments: Linmark Associates, Inc. V. Township Of Willingboro, 97 S. Ct. 1614 (1977) — "For Sale" Signs: The Right To Yell "Fire" In An Integrating Neighborhood?, Russell C. Minkoff, John Bennett Sinclair Jan 1977

Comments: Linmark Associates, Inc. V. Township Of Willingboro, 97 S. Ct. 1614 (1977) — "For Sale" Signs: The Right To Yell "Fire" In An Integrating Neighborhood?, Russell C. Minkoff, John Bennett Sinclair

University of Baltimore Law Review

In Linmark, the Supreme Court held unconstitutional a ban on "For Sale" and "Sold" lawn signs that was enacted to curb what residents perceived as panic selling by white homeowners. The authors analyze the effect of this case on "For Sale" sign bans that exist in Maryland. The authors also examine the decision in light of other recent commercial speech cases which have established a first amendment interest in the free flow of truthful and legitimate commercial information.


Book Review [Ceremonial Chemistry: The Ritual Persecution Of Drugs, Addicts, And Pushers], Santa Clara Law Review Jan 1977

Book Review [Ceremonial Chemistry: The Ritual Persecution Of Drugs, Addicts, And Pushers], Santa Clara Law Review

Santa Clara Law Review

No abstract provided.


Supplemental Security Income Program The Revolution Needs Reform, Gordon G. Chang Jan 1977

Supplemental Security Income Program The Revolution Needs Reform, Gordon G. Chang

Cornell Law Review

No abstract provided.


Access To Legal Services Through Advertising And Specialization, Robert H. Staton Jan 1977

Access To Legal Services Through Advertising And Specialization, Robert H. Staton

Indiana Law Journal

No abstract provided.


The Return Of Variable Obscenity, Frederick F. Schauer Jan 1977

The Return Of Variable Obscenity, Frederick F. Schauer

UC Law Journal

No abstract provided.


The Rights Of The Innocent Arrestee: Sealing Of Records Under California Penal Code Section 851.8, Robin Pulich Jan 1977

The Rights Of The Innocent Arrestee: Sealing Of Records Under California Penal Code Section 851.8, Robin Pulich

UC Law Journal

No abstract provided.


The Constitutional Right To Know, David Mitchell Ivester Jan 1977

The Constitutional Right To Know, David Mitchell Ivester

UC Law Constitutional Quarterly

No abstract provided.


Will The Victor Be Denied The Spoils--Constitutional Challenges To Patronage Dismissals, Maria K. Marshall Jan 1977

Will The Victor Be Denied The Spoils--Constitutional Challenges To Patronage Dismissals, Maria K. Marshall

UC Law Constitutional Quarterly

No abstract provided.


Fred E. Inbau: The Importance Of Being Guilty, Yale Kamisar Jan 1977

Fred E. Inbau: The Importance Of Being Guilty, Yale Kamisar

Journal of Criminal Law and Criminology

No abstract provided.


The Hazards To The Press Of Claiming A “Preferred Position”, William W. Van Alstyne Jan 1977

The Hazards To The Press Of Claiming A “Preferred Position”, William W. Van Alstyne

Faculty Publications

No abstract provided.


Chapters Of The Civil Jury, Doug R. Rendleman Jan 1977

Chapters Of The Civil Jury, Doug R. Rendleman

Faculty Publications

The civil jury, though constitutionally protected by the seventh amendment, has remained a controversial institution throughout much of Anglo-American legal history. Our romantic ideals are questioned by critics who view the civil jury as prejudiced and unpredictable; proponents note the sense of fairness and "earthy wisdom" gained by community participation in the legal process. This debate surfaces in the process of accommodation between certain substantive goals of the law and the pre-verdict and post-verdict procedural devices courts have employed to control the jury. In this article, Professor Rendleman examines this conflict in his three "chapters" involving racially motivated discharges of …


Discovery In Rulemaking, Charles H. Koch Jr. Jan 1977

Discovery In Rulemaking, Charles H. Koch Jr.

Faculty Publications

No abstract provided.


Texas Civil Procedure, Ernest E. Figari Jr. Jan 1977

Texas Civil Procedure, Ernest E. Figari Jr.

SMU Law Review

No abstract provided.


The Hazards To The Press Of Claiming A Preferred Position, William W. Van Alstyne Jan 1977

The Hazards To The Press Of Claiming A Preferred Position, William W. Van Alstyne

UC Law Journal

No abstract provided.


The Devil And The D.A.: The Civil Abatement Of Obscenity, Sharon Anne Watkins Jan 1977

The Devil And The D.A.: The Civil Abatement Of Obscenity, Sharon Anne Watkins

UC Law Journal

No abstract provided.


Newperson's Privilege In California: The Controversy And Resolution, Elizabeth Anne England Jan 1977

Newperson's Privilege In California: The Controversy And Resolution, Elizabeth Anne England

UC Law Journal

This Note explores the struggle between the bench and the press concerning the court's authority to discover a newsperson's confidential source. The problem is examined in depth by means of interviews in California conducted by the author. A proposed federal shield bill, which reflects California decisions, is applied to three recent California cases.


The Uses Of Social Science In Trials With Political And Racial Overtones: The Trial Of Joan Little, John B. Mcconahay, Courtney J. Mullin, Jeffrey Frederick Jan 1977

The Uses Of Social Science In Trials With Political And Racial Overtones: The Trial Of Joan Little, John B. Mcconahay, Courtney J. Mullin, Jeffrey Frederick

Law and Contemporary Problems

No abstract provided.


Pretrial Publicity: Nebraska Press Association V. Stuart, 96 S. Ct. 2791 (1976) Jan 1977

Pretrial Publicity: Nebraska Press Association V. Stuart, 96 S. Ct. 2791 (1976)

Journal of Criminal Law and Criminology

No abstract provided.


Book Reviews Jan 1977

Book Reviews

Journal of Criminal Law and Criminology

No abstract provided.


First Amendment--Obscenity Jan 1977

First Amendment--Obscenity

Journal of Criminal Law and Criminology

No abstract provided.


Fred E. Inbau: Professorial Fighter Of Crime, James A. Rahl Jan 1977

Fred E. Inbau: Professorial Fighter Of Crime, James A. Rahl

Journal of Criminal Law and Criminology

No abstract provided.


Books Received Jan 1977

Books Received

Hofstra Law Review

No abstract provided.


The Good Guys, The Bad Guys And The First Amendment. By Fred W. Friendly., Ben C. Fisher Jan 1977

The Good Guys, The Bad Guys And The First Amendment. By Fred W. Friendly., Ben C. Fisher

Hofstra Law Review

No abstract provided.


Commercial Speech And The First Amendment: An Emerging Doctrine, Neal Robert Platt Jan 1977

Commercial Speech And The First Amendment: An Emerging Doctrine, Neal Robert Platt

Hofstra Law Review

No abstract provided.


Constitutional Privilege To Republish Defamation, Leslie Levin Jan 1977

Constitutional Privilege To Republish Defamation, Leslie Levin

Faculty Articles and Papers

Underlying the development of the law of defamation is a tension between two broad societal interests: protecting the reputation of individuals and safeguarding the free flow of discussion and information. The common law heavily favored the protection of reputation, offering only limited concessions to the competing interest. In recent years, however, the Supreme Court has refashioned the law of defamation to conform to a first amendment mandate that "debate on public issues should be uninhibited, robust and wide-open." In New York Times Co. v. Sullivan and subsequent cases, the Court established that public officials and public figures may not recover …