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First Amendment Restrictions On The Ftc's, Robert D. Eckinger
First Amendment Restrictions On The Ftc's, Robert D. Eckinger
Vanderbilt Law Review
The Supreme Court has suggested a "degree of protection"approach to reconcile the first amendment protection of commercial speech with the need to effectively regulate false or misleading advertising. In so doing, however, the Court has failed to establish clearly the judicial standard of review appropriate in examining regulative measures. In the absence of adequate guidance, several circuit court decisions have adopted an unjustified standard of strict judicial scrutiny. The continued use of this standard by the circuit courts in reviewing FTC decisions will present increasing institutional problems for the courts and will seriously undermine the Commission's ability to protect consumers …
The United States Record Communications Industry Dichotomy--Time For Change, Paul E. Tellier
The United States Record Communications Industry Dichotomy--Time For Change, Paul E. Tellier
Vanderbilt Journal of Transnational Law
This paper will explore the battle between Western Union and the international record carriers in the record communications field. It will trace the development of the United States record communications industry from the early history of electric telegraphy, through the enactment of the Communications Act of 1934 and the Western Union divestitute of 1943, the gateway and mailgram cases of the second half of the twentieth century. It will examine the diverse solutions proposed--ranging from free competition between Western Union and the international record carriers in both the domestic and international markets to the creation of a single monopolistic entity …