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Articles 1 - 30 of 142
Full-Text Articles in Law
Vol. 07, No. 04 (December 1996)
Editor's Note, Randall W. Sifers
Editor's Note, Randall W. Sifers
Federal Communications Law Journal
No abstract provided.
The Communications Decency Act, Jim Exon
The Communications Decency Act, Jim Exon
Federal Communications Law Journal
No abstract provided.
Creating Local Competition, Joseph Farrell
Creating Local Competition, Joseph Farrell
Federal Communications Law Journal
The Telecommunications Act mandates the opening of local telephone markets to competition. The transition from a noncompetitive market to a competitive market promises to be a difficult journey with many pitfalls to be avoided. This speech expounds upon some of the economic principles that must guide the FCC in implementing the transition, particularly discussing the problem of achieving the goal of universal service in a competitive environment.
This speech was originally presented May 15, 1996 before an open audience at the Federal Communications Commission.
The Telecommunications Act Of 1996, Thomas G. Krattenmaker
The Telecommunications Act Of 1996, Thomas G. Krattenmaker
Federal Communications Law Journal
The author discusses the primary motivating factors behind the 1996 Telecommunications Act, examines how these factors influenced the final law, and critiques the Act by examining whether it is likely to advance public interest goals. Congress designed the Act to address two problems: "technological convergence" and "legal balkanization." The Act attempts to remedy these problems by: (1) tearing down entry barriers so that legal balkanization no longer stands in the path of technological convergence; (2) changing the mandate of the FCC from deciding who should enter the market to monitoring the conditions under which entry takes place in order to …
Pornography Drives Technology: Why Not To Censor The Internet, Peter Johnson
Pornography Drives Technology: Why Not To Censor The Internet, Peter Johnson
Federal Communications Law Journal
Historically, the development of new media has been advanced by the creators of pornography. This was evident as communications media evolved from vernacular speech to movable type, to photography, to paperback books, to videotape, to cable and pay-TV, to 900 phone lines, to the French Minitel, and to the Internet. In short, pornography, far from being an evil that the First Amendment must endure, is a positive good that encourages experimentation with new technology. Accordingly, society should not view cyberpornographers as pariahs, rather they should be viewed as explorers who pave the roads for civilization to follow.
Hostile Tender Offers For Companies Holding Licenses Issued By The Federal Communications Commission, Stephen F. Sewell
Hostile Tender Offers For Companies Holding Licenses Issued By The Federal Communications Commission, Stephen F. Sewell
Federal Communications Law Journal
When a tender offer to acquire a company is made, those making the tender offer will have to overcome a number of regulatory hurdles. The number of hurdles multiply, however, when the offer is hostile and the target company holds licenses issued by the FCC. The article sketches the FCC's response to hostile tender offers for companies holding FCC licenses, specifically discussing the Commission's adoption of procedures in 1985 to address hostile tender offers. While these provisions provided needed clarification, the authority of the FCC to implement these provisions and the effectiveness of them as a matter of policy have …
Reconsidering Retransmission Consent: An Examination Of The Retransmission Consent Provision (47 U.S.C. § 325(B)) Of The 1992 Cable Act, Charles Lubinsky
Reconsidering Retransmission Consent: An Examination Of The Retransmission Consent Provision (47 U.S.C. § 325(B)) Of The 1992 Cable Act, Charles Lubinsky
Federal Communications Law Journal
This article examines the legislative and economic history of the retransmission consent provision in the 1992 Cable Act. Retransmission consent provisions in the 1992 Cable Act allow broadcasters to enter into negotiations with cable operators regarding retransmission of their broadcast signal. The 1992 Cable Act requires broadcasters to choose between retransmission consent and must-carry provisions every three years. The first election period ended in October 1996 and a new election period begins January 1, 1997. Retransmission consent has had a noticeable effect on the evolution of cable television broadcasting, although it is arguably unclear whether retransmission consent has addressed the …
The Legislative History Of Senator Exon's Communications Decency Act: Regulating Barbarians On The Information Superhighway, Robert Cannon
The Legislative History Of Senator Exon's Communications Decency Act: Regulating Barbarians On The Information Superhighway, Robert Cannon
Federal Communications Law Journal
Among the most visible and controversial provisions of the Telecommunications Act of 1996 have been those of an amendment to the larger act known as the Communications Decency Act. This article critically examines the legislative history of this amendment, creating a record of both official and unofficial sources. The article also notes the relevance of the legislative history as demonstrating both the unconstitutionality and the practical inefficacy of the statute.
Vol. 07, No. 03 (November 1996)
A Return To Written Consent: A Proposal To The Fcc To Eliminate Slamming, Nicole C. Daniel
A Return To Written Consent: A Proposal To The Fcc To Eliminate Slamming, Nicole C. Daniel
Federal Communications Law Journal
The FCC is charged with the task of encouraging competition in the telecommunications industry, yet it must also assure that competition remains free and fair to consumers. Various long-distance providers are taking advantage of their deregulated freedom by engaging in "slamming." The author proposes a more effective form of consumer protection through the return of a short-lived FCC rule which required written customer authorization before the customer's long-distance service could be switched.
Implications Of Global Polarization For Feminist Work, Gracia Clark
Implications Of Global Polarization For Feminist Work, Gracia Clark
Indiana Journal of Global Legal Studies
No abstract provided.
Toward A Feminist Analytics Of The Global Economy, Saskia Sassen
Toward A Feminist Analytics Of The Global Economy, Saskia Sassen
Indiana Journal of Global Legal Studies
Economic globalization has reconfigured fundamental properties of the
nation-state, notably territoriality and sovereignty. There is an incipient
unbundling of the exclusive territoriality we have lcing associated with the
nation-state. The most strategic instantiation of this unbundling is probably
the global city, which operates as a partly denationalized plaform for global
capital. Sovereignty is being unbundled by these economic and other noneconomic
practices and new legal regimes. At the limit this means that the
State is no longer the only site for sovereignty and the normativity that comes
with it, and further, that the State is no longer the exclusive subject …
As The World (Or Dare I Say Globe?) Turns: Feminism And Transnationalism, Fedwa Malti-Douglas
As The World (Or Dare I Say Globe?) Turns: Feminism And Transnationalism, Fedwa Malti-Douglas
Indiana Journal of Global Legal Studies
No abstract provided.
Stop Stomping On The Rest Of Us: Retrieving Publicness From The Privatization Of The Globe, Zillah Eisenstein
Stop Stomping On The Rest Of Us: Retrieving Publicness From The Privatization Of The Globe, Zillah Eisenstein
Indiana Journal of Global Legal Studies
Professor Eisenstein's article discusses the effects of globalization on the
relationship between privatization and public responsibility and how this
dynamic impacts the future of women across the globe. She argues that the
global growth of privatization in the North and West has disseminated around
the world to the detriment of women. Privatization, she contends, has been
accepted as the agenda of politicians for the late twentieth century, and public
responsibility has been lost as a result.
According to Professor Eisenstein, globalization has been essentially an
economic process in which a global economy surfaces without differences or
borders. The global economy, …
Strategic Sisterhood Or Sisters In Solidarity? Questions Of Communitarianism And Citizenship In Asia, Aihwa Ong
Strategic Sisterhood Or Sisters In Solidarity? Questions Of Communitarianism And Citizenship In Asia, Aihwa Ong
Indiana Journal of Global Legal Studies
The Fourth World Conference on Women (Beijing 1995) has spawned a
Triumphant sense among Western/Northern feminists that they are forging a
strategic sisterhood with less privileged women in the South. Feminists from
metropolitan countries seek a new North-South alliance whereby they make
strategic interventions on behalf of third world women by putting pressure on
their governments. Professor Ong critiques strategic sisterhood on the
following grounds:
First, strategic sisterhood is based on individualistic notions of
transnational feminine citizenship, ignoring the historical and cultural
differences between women from the first and third worlds. In particular, the
concept ignores geopolitical inequalities whereby postcolonial …
Vol. 07, No. 02 (October 1996)
Dean's Message And Report, Alfred C. Aman Jr.
Dean's Message And Report, Alfred C. Aman Jr.
Alfred Aman Jr. (1991-2002)
No abstract provided.
The Rule Of Law In An Unruly Age, Craig M. Bradley
The Rule Of Law In An Unruly Age, Craig M. Bradley
Indiana Law Journal
No abstract provided.
The Death Of An Honorable Profession, Carl T. Bogus
The Death Of An Honorable Profession, Carl T. Bogus
Indiana Law Journal
No abstract provided.
Preventing The Discovery Of Plaintiff Genetic Profiles By Defendants Seeking To Limit Damages In Personal Injury Litigation, Mark A. Rothstein
Preventing The Discovery Of Plaintiff Genetic Profiles By Defendants Seeking To Limit Damages In Personal Injury Litigation, Mark A. Rothstein
Indiana Law Journal
No abstract provided.
Preserving Family Unity: The Rights Of Children To Maintain The Companionship Of Their Parents And Remain In Their Country Of Birth, Giovanna I. Wolf
Preserving Family Unity: The Rights Of Children To Maintain The Companionship Of Their Parents And Remain In Their Country Of Birth, Giovanna I. Wolf
Indiana Journal of Global Legal Studies
No abstract provided.
The International Conference On Harmonization Of Pharmaceutical Regulations, The European Medicines Evaluation Agency, And The Fda: Who's Zooming Who?, Dan Kidd
Indiana Journal of Global Legal Studies
No abstract provided.
The Big Push: Emigration In The Age Of Environmental Catastrophe, William Plummer
The Big Push: Emigration In The Age Of Environmental Catastrophe, William Plummer
Indiana Journal of Global Legal Studies
No abstract provided.
The Criminal Time Bomb: An Examination Of The Effect Of The Russian Mafia On The Newly Independent State Of The Former Soviet Union, Peter Daniel Dipaola
The Criminal Time Bomb: An Examination Of The Effect Of The Russian Mafia On The Newly Independent State Of The Former Soviet Union, Peter Daniel Dipaola
Indiana Journal of Global Legal Studies
No abstract provided.
Efforts Toward "An Ever Closer" European Union Confront Immigration Barriers, Giovanna I. Wolf
Efforts Toward "An Ever Closer" European Union Confront Immigration Barriers, Giovanna I. Wolf
Indiana Journal of Global Legal Studies
No abstract provided.
Affirmative Action In Higher Education: Lessons And Directions From The Supreme Court, Krista L. Cosner
Affirmative Action In Higher Education: Lessons And Directions From The Supreme Court, Krista L. Cosner
Indiana Law Journal
No abstract provided.
Introduction: Feminism And Globalization: The Impact Of The Global Economy On Women And Feminist Theory Symposium, Alfred C. Aman
Introduction: Feminism And Globalization: The Impact Of The Global Economy On Women And Feminist Theory Symposium, Alfred C. Aman
Indiana Journal of Global Legal Studies
No abstract provided.