Digital Commons Network^™

Framing And Blaming In The Culture Wars: Marketing Murder Or Selling Speech?, Clay Calvert

Vanderbilt Journal of Entertainment & Technology Law

This Article uses the Pahler legal battle as a case study to examine the current culture wars that have placed the Hollywood recording and entertainment industries in the legal crosshairs of both legislative and judicial efforts to redefine popular teen culture. The first section demonstrates how the theories at issue in Pahler mirror the tactics used in the recent war against tobacco industry advertising that also allegedly targeted minors. Next, the Article situates Pahler within the context of Congressional hearings in the fall of 2000 that focused attention on the alleged Hollywood marketing of products featuring violent content to minors. …

Beyond The Blackboard: Regulating Distance Learning In Higher Education, Leslie T. Thornton

Vanderbilt Journal of Entertainment & Technology Law

It is not so surprising that traditional institutions of higher education have been relatively slower than businesses, for example, to embrace the potential of the new technologies, and have lost students to those institutions and businesses which have been more willing to change. But technology is playing an enormous role in the shape, size, and direction of education, and it's not waiting for the leaders of traditional institutions--or anyone else, for that matter--to join the club.

This Article examines the scope and impact of that role, specifically as it has developed through a new trend toward online "distance education" or …

Changing Horses In Mid-Stream: The Copyright Office's New Rule Makes Broadcasters Pay For "Streaming" Their Signals Over The Internet, Samuel Fifer, Gregory R. Naron

Vanderbilt Journal of Entertainment & Technology Law

With traditional, over-the-air broadcasts, radio stations do not have to start paying license fees to rights holders if they get a bigger transmitter or technology allows their signal to reach more listeners. That much, not even the RIAA will dispute. So why should it matter if stations use the Internet to reach additional listeners? The law shouldn't be interpreted to discourage radio stations from using new Internet technology to do the same thing they're doing now--especially since Congress itself expressly said it did not want to "[hamper] ... new technologies" or "impose new and unreasonable burdens" on broadcasters. And make …

Chillin' Effect Of Section 506: The Battle Over Digital Sampling In Rap Music, Ronald Gaither

Vanderbilt Journal of Entertainment & Technology Law

Digital samples are to rap music as precedent is to the practice of law. Lawyers, mindful of the principle of stare decisis, mine court opinions for arguments to support legal theories. Similarly, rappers use the lyrics and musical arrangements found in previously recorded works to spin out new and creative pieces. But where-as no one worries when a lawyer quotes pieces of old case law to fashion her arguments in a novel case, rappers' heavy reliance on digital sampling routinely puts their community front and center in a debate over copyright infringement...

Considering the severity of most criminal penalties for …

Cyberjacking, Mouse Trapping, And The Ftc Act: Are Federal Consumer Protection Laws Helping Or Hurting Online Consumers?, Kenneth Sanney

Vanderbilt Journal of Entertainment & Technology Law

Only the Federal Trade Commission (FTC) can bring a federal cause of action against a company whose business practices or actions deceive consumers. However, the FTC's power is limited; it can intervene on behalf of consumers only when there is a pattern of misconduct by the business that threatens the public interest. But where the scams themselves are difficult to spot, patterns may be virtually impossible to establish. Moreover, even successful FTC actions may yield little in the way of preventative or compensatory benefit for the individual user.

My aim in this Note, therefore, is to offer one possible means …

Digital Performance Royalties: Should Radio Pay?, Bruce H. Phillips, Carl R. Moore

Vanderbilt Journal of Entertainment & Technology Law

We must acknowledge that some questions remain unanswered. Have we entered an era in which record labels, recording artists, record producers, and musicians will finally earn royalties for the public performance of their creations? Will the recent Copyright Office action be a watershed development in United States copyright law? Or will the broadcasters and their well-funded and powerful lobbying arm, the NAB, prevail in the end--if not in the courts, then in Congress? The only clear answer is simply this: not if the RIAA, the record labels' own well-funded and powerful lobbying arm, has anything to do with it. It …

Arbitration Of Statutory Claims In The Unionized Workplace: Is Bargaining With The Union Required?, Ann C. Hodges

Law Faculty Publications

This article analyzes the question of whether arbitration of statutory claims should be classified as a mandatory or permissive subject of bargaining under the National Labor Relations Act (NLRA). First, this article reviews the post-Wright cases that hold that a union-negotiated waiver is permissible. Second, this article reviews the only decision to consider the issue of classification of the bargaining subject, Air Line Pilots Ass'n, International v. Northwest Airlines, Inc., a case arising in the United States Court of Appeals for the District of Columbia under the Railway Labor Act. In that case, the court concluded that the …

A Rationale For Classroom Listening And Speaking Instruction, Monica Gordon Pershey

Language Arts Journal of Michigan

No abstract provided.

Passivity: True Or False? Fact Or Opinion?, Lucia Elden

Language Arts Journal of Michigan

No abstract provided.

Property And Propriety In Galdós’S ​Doña Perfecta, David Laraway

Faculty Publications

One question sure to stir up a spirited discussion in any gathering of galdosistas is whether Benito Perez Galdos's Dofia Perfecta is finally able to transcend the tendentiousness of its own ideological leanings. 1 A long tradition of criticism of the novel faults its didacticism and questions whether its characters are endowed with any real depth (see Penuel 80-86). Stephen Gilman's observation that Dona Perfecta constitutes an "ideological Flatland" by comparison with the depth of Galdos's mature works nicely captures an intuition chat runs deeply among defenders and critics of the novel alike (378-79). However, a widely cited article by …

Getting Beyond Formalism In Constitutional Law: Constitutional Theory Matters, Erwin Chemerinsky

Oklahoma Law Review

No abstract provided.

The Tulsa Race Riot Of 1921 In The Oklahona Supreme Court, Alfred L. Brophy

Oklahoma Law Review

No abstract provided.

Antitrust Excitement In The New Millennium: Microsoft, Mergers, And More, Carol B. Swanson

Oklahoma Law Review

No abstract provided.

Section 1983: Agent Of Peace Or Vehicle Of Violence Against Children?, Susan H. Bitensky

Oklahoma Law Review

No abstract provided.

Constitutional Law: State Campaign Contribution Limits: Nixon V. Shrink Missouri Government Pac: An Abridgment Of Freedom In The Name Of Democracy, Richard J. Baker

Oklahoma Law Review

No abstract provided.

Family Law: Whose Kids Are They, Anyway?: Analyzing Troxel V. Granville And The Current State Of Oklahoma's Grandparent Visitation Statute, Natania M. Soto

Oklahoma Law Review

No abstract provided.

Introduction, Background, And Overview, C. Arlen Beam

Oklahoma Law Review

No abstract provided.

Procedural Rules Governing The Admissibility Of Evidence, Reagan Wm. Simpson, Warren S. Huang

Oklahoma Law Review

No abstract provided.

Presumptions And Their Effect, Leo H. Whinery

Oklahoma Law Review

No abstract provided.

State Gladiators Go High Tech With Records--Will The Feds Follow?, Daniel R. Murray, Timothy J. Chorvat

Oklahoma Law Review

No abstract provided.

The Mental Health Provider Privilege In The Wake Of Jaffe V. Redmond, Robert H. Aronson

Oklahoma Law Review

No abstract provided.

Finding The Proper Balance In Hearsay Policy: The Uniform Rules Attempt To Stem The Hearsay Tide In Criminal Cases Without Prohibiting All Nontraditional Hearsay, Myrna S. Raeder

Oklahoma Law Review

No abstract provided.

Criminal Law: Guilty Of Something: Gilson V. State And The Death Penalty For Omission In Oklahoma, Carla Mullins

Oklahoma Law Review

No abstract provided.

Criminal Procedure: Tenth Circuit Erroneously Allows Officers' Intentions To Define Reasonable Searches: United States V. Carey, Jim Dowell

Oklahoma Law Review

No abstract provided.

What Is It Good For? War Power, Judicial Review, And Constitutional Deliberation, J. Richard Broughton

Oklahoma Law Review

No abstract provided.

Certiorari And The Supreme Court Agenda: An Empirical Analysis, Kevin H. Smith

Oklahoma Law Review

No abstract provided.

Income Tax: Kenseth V. Commissioner: The Assignment Of Income Doctrine And Its Misapplication To Contingent Attorney's Fees, Aubree Helvey

Oklahoma Law Review

No abstract provided.

Volume 54 1997

Oklahoma Law Review

No abstract provided.

La Révolution Scientifique, Les Révolutions, Et L'Histoire Des Sciences. Comment Ernest Coumet Nous A Libérés De L'Héritage D'Alexandre Koyré, Marco Panza

MPP Published Research

Dans son intervention au colloque Koyré (Paris, 1986), Ernest Coumet a suggéré que le terme «révolution scientifique» ne désigne pas chez Koyré un événement historique, mais un idéaltype, au sens de Max Weber. L'auteur discute d'abord cette thèse de Coumet et expose les arguments que ce dermier apporte pour la soutenir. Dans la deuxième partie de l'article, il critique l'usage de la notion de révolution en histoire des sciences, en s'opposant en particulier à la possibilité de distinguer dans les productions des savants une «pensée scientifique» qui serait influencée par la «pensée philosophique» et dont les bouleversements marqueraient l'avènement d'une …

Voyages In The Verbal Universe: The Role Of Speculation In Darwinian Literary Criticism, Nancy Easterlin

English Faculty Publications

No abstract provided.