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Articles 31 - 60 of 115
Full-Text Articles in Law
Introduction: Sovereignty And The Globalization Of Intellectual Property, Symposium, Fred H. Cate
Introduction: Sovereignty And The Globalization Of Intellectual Property, Symposium, Fred H. Cate
Indiana Journal of Global Legal Studies
No abstract provided.
The Illusory Promise: Freedom Of The Press In Hong Kong, China, Frances S. Foster
The Illusory Promise: Freedom Of The Press In Hong Kong, China, Frances S. Foster
Indiana Law Journal
No abstract provided.
Cigarette Law, Daniel Givelber
Beyond The Usual Suspects: The Use Of Citizens Advisory Boards In Environmental Decisionmaking, John S. Applegate
Beyond The Usual Suspects: The Use Of Citizens Advisory Boards In Environmental Decisionmaking, John S. Applegate
Indiana Law Journal
No abstract provided.
Beyond The Harvard Mouse: Current Patent Practice And The Necessity Of Clear Guidelines In Biotechnology Patent Law, Carrie F. Walter
Beyond The Harvard Mouse: Current Patent Practice And The Necessity Of Clear Guidelines In Biotechnology Patent Law, Carrie F. Walter
Indiana Law Journal
No abstract provided.
The Legitimacy Of Cross-Gender Searches And Surveillance In Prisons: Defining An Appropriate And Uniform Review, Karoline E. Jackson
The Legitimacy Of Cross-Gender Searches And Surveillance In Prisons: Defining An Appropriate And Uniform Review, Karoline E. Jackson
Indiana Law Journal
No abstract provided.
Pregnant With Ambiguity: Credibility And The Pto Utility Guidelines In Light Of Brenner, Andrew T. Kight
Pregnant With Ambiguity: Credibility And The Pto Utility Guidelines In Light Of Brenner, Andrew T. Kight
Indiana Law Journal
No abstract provided.
Lies, Damned Lies, And Narrative, David A. Hyman
Lies, Damned Lies, And Narrative, David A. Hyman
Indiana Law Journal
No abstract provided.
Oliphant And Tribal Criminal Jurisdiction Over Non-Indians: Asserting Congress's Plenary Power To Restore Territorial Jurisdiction, Geoffrey C. Heisey
Oliphant And Tribal Criminal Jurisdiction Over Non-Indians: Asserting Congress's Plenary Power To Restore Territorial Jurisdiction, Geoffrey C. Heisey
Indiana Law Journal
No abstract provided.
Editor's Note, Michael M. Pratt
Editor's Note, Michael M. Pratt
Federal Communications Law Journal
No abstract provided.
Communications Policy Leadership For The Next Century, Michael K. Powell
Communications Policy Leadership For The Next Century, Michael K. Powell
Federal Communications Law Journal
Those of us involved in the communications field realize the dramatic changes and challenges posed by the passage of the Telecommunications Act of 1996. In particular, those in charge of implementing the Act's provisions face serious challenges. There are three ways that those in leadership positions may prevail in this "communications revolution" so as to facilitate development. First, it is essential to be familiar with the fields of economics and competitive analysis, and to understand that competition and markets will prove superior devices for managing change. Second, the importance of technology must be emphasized. Finally, emotion or special interest politics …
The Federal Communications Law Journal At Sixty, Adrian Cronauer
The Federal Communications Law Journal At Sixty, Adrian Cronauer
Federal Communications Law Journal
No abstract provided.
The "Public Interest" Standard: The Search For The Holy Grail, Erwin G. Krasnow, Jack N. Goodman
The "Public Interest" Standard: The Search For The Holy Grail, Erwin G. Krasnow, Jack N. Goodman
Federal Communications Law Journal
During the last eighty years, there is likely no single area of communications policy that has generated as much scholarly discourse, judicial analysis, and political debate as has the simple directive to regulate in the "public interest." While remaining at the heart of current communications regulatory policy debate, the public interest standard has been subject to evolving, and often elusive definitions that reflect the change in American culture from generation to generation. As broadcasters begin the transition to a more flexible digital technology, there have been calls for a reexamination of the public interest standard. But the genius of the …
A Modest Proposal For Restructuring The Federal Communications Commission, Harry M. Shooshan Iii
A Modest Proposal For Restructuring The Federal Communications Commission, Harry M. Shooshan Iii
Federal Communications Law Journal
At a time when the FCC is in the process of implementing the massive 1996 Telecommunications Act, a number of commentators have been calling for drastic change in the agency's structure. There most certainly are legitimate questions about how the modern FCC should be organized. A single-administrator model, which has been successful in the United Kingdom, could provide a more stable and predictable regulatory environment than currently exists. The advantages of a single administrator over a multimember commission are substantial and provide a conservative alternative to calls for the elimination of the agency. Such change would enable the FCC to …
The Fcc And Aids Education: Helping Broadcasters Serve The Public Interest, Jason B. Acton
The Fcc And Aids Education: Helping Broadcasters Serve The Public Interest, Jason B. Acton
Federal Communications Law Journal
Despite recent advances in medical technology, AIDS remains a very serious international health threat. Even with the presence of new drug therapies that have helped to prolong the lives of those who suffer from the disease, scientists have been unable to develop a cure. Consequently education remains the primary weapon available in the war against AIDS. Unfortunately, AIDS education initiatives have found little support in the broadcast community. To renew their licenses, broadcasters are required to act in the public interest— requirement that has traditionally required very little. However, given the threat AIDS presents to society, the FCC should require …
Electronic Communications And The Law: Help Or Hindrance To Telecommuting?, Jennifer C. Dombrow
Electronic Communications And The Law: Help Or Hindrance To Telecommuting?, Jennifer C. Dombrow
Federal Communications Law Journal
During 1997, an estimated 11.1 million workers preformed some portion of their work by telecommuting. This number is expected to grow as employers continue to discover the benefits that can result from instituting a telecommuting policy. This growth may be hindered, however, by controversy concerning employee privacy rights. Although the use of electronic communications in the workplace is common, the laws addressing employee privacy rights and employer monitoring rights concerning these communications are ambiguous. New legislation is necessary to specifically define the respective rights of employers and employees. Without this new legislation, the benefits of electronic communications in the workplace, …
Section 332 Of The Communications Act Of 1934: A Federal Regulatory Framework That Is "Hog Tight, Horse High, And Bull Strong", Leonard J. Kennedy, Heather A. Purcell
Section 332 Of The Communications Act Of 1934: A Federal Regulatory Framework That Is "Hog Tight, Horse High, And Bull Strong", Leonard J. Kennedy, Heather A. Purcell
Federal Communications Law Journal
In 1993, recognizing that state and local regulatory practices were harmful to the development of widespread low-cost commercial and personal mobile radio services, the U.S. Congress passed, and President Clinton signed, legislation that freed wireless carriers from a dual federal-state regulatory structure. As a result, sections 332 and 2(b) of the Communications Act were revised to endow the FCC with exclusive jurisdiction over wireless regulation. Unfortunately, some courts and regulators have concluded that Congress did not intend to grant the FCC exclusive authority over wireless communications. Such rulings could be attributed to a misguided focus on traditional preemption analysis rather …
Moving Toward Neutrality: The National Telecommunications And Information Administration's New Stance On Sectarian Programming, Nancy L. Reynolds
Moving Toward Neutrality: The National Telecommunications And Information Administration's New Stance On Sectarian Programming, Nancy L. Reynolds
Federal Communications Law Journal
The National Telecommunications and Information Administration (NTIA) has recently reinterpreted its funding policy regarding religious programming to create a policy more consistent with the religion clauses of the First Amendment and more responsive to the goal of government neutrality toward religion. Until 1996, the NTIA categorically denied all funding to government programming that provided any incidental or attenuated benefit to religion. However, in light of recent Establishment Clause cases, the NTIA modified its interpretation of sectarian programming, allowing a radio station to receive government funding even if its programming provides an attenuated or incidental benefit to religion. The NTIA's new …
Sobriety Test: The Court Walks The Central Hudson Line Once Again In 44 Liquormart, But Passes On A New First Amendment Review, Aaron A. Schmoll
Sobriety Test: The Court Walks The Central Hudson Line Once Again In 44 Liquormart, But Passes On A New First Amendment Review, Aaron A. Schmoll
Federal Communications Law Journal
In 1980 the Supreme Court decided Central Hudson and, in so doing, articulated the parameters of the modern commercial speech doctrine. In providing a four-part test to determine the validity of government efforts to restrict commercial speech, the Court engaged in "intermediate scrutiny" and created the expectation among free speech advocates that the Court was finally ready to provide higher measure of constitutional protection to commercial speech. In the nearly fifteen years after Central Hudson, these advocates have been disappointed as the Court has inconsistently weighed the factors that comprise the test. The opportunity to adopt a less- manipulative …
Allowing Fda Regulation Of Communications Software Used In Telemedicine: A Potentially Fatal Misdiagnosis?, Ann K. Schooley
Allowing Fda Regulation Of Communications Software Used In Telemedicine: A Potentially Fatal Misdiagnosis?, Ann K. Schooley
Federal Communications Law Journal
Communications technology is changing and improving the way that health care services are delivered to patients. Telemedicine, or the use of communications technology to provide medical care, allows doctors to treat patients in rural areas who otherwise would not have access to medical services. With the development and use of telemedicine, however, comes the burden of government regulation. The Food and Drug Administration (FDA) is just beginning to assert its jurisdiction over telemedicine, seeking to regulate telemedicine systems as medical devices under 21 U.S.C. § 321(h). Should the FDA strongly assert its jurisdiction, it has the ability to regulate entire …
Dogma In Cyberspace, Phillip V. Permut
Dogma In Cyberspace, Phillip V. Permut
Federal Communications Law Journal
Book Review: Law and Disorder in Cyberspace: Abolish the FCC and Let Common Law Rule the Telecosm, by Peter Huber, Oxford University Press, 1997, 265 pages.
The True Function Of Law In The International Community, Philip Allott
The True Function Of Law In The International Community, Philip Allott
Indiana Journal of Global Legal Studies
No abstract provided.
Considering Multiple And Overlapping Sovereignties: Liberalism, Libertarianism, National Sovereignty, "Global" Intellectual Property, And The Internet, Keith Aoki
Indiana Journal of Global Legal Studies
No abstract provided.
The Internet And The Abiding Significance Of Territorial Sovereignty, Jack L. Goldsmith
The Internet And The Abiding Significance Of Territorial Sovereignty, Jack L. Goldsmith
Indiana Journal of Global Legal Studies
No abstract provided.
The Internet As A Threat To Sovereignty? Thoughts On The Internet's Role In Strengthening National And Global Governance, Henry H. Perritt Jr.
The Internet As A Threat To Sovereignty? Thoughts On The Internet's Role In Strengthening National And Global Governance, Henry H. Perritt Jr.
Indiana Journal of Global Legal Studies
No abstract provided.
Cyberspatial Sovereignties: Offshore Finance, Digital Cash, And The Limits Of Liberalism, Bill Maurer
Cyberspatial Sovereignties: Offshore Finance, Digital Cash, And The Limits Of Liberalism, Bill Maurer
Indiana Journal of Global Legal Studies
No abstract provided.
The "Unsettled Paradox": The Internet, The State, And The Consent Of The Governed, David G. Post
The "Unsettled Paradox": The Internet, The State, And The Consent Of The Governed, David G. Post
Indiana Journal of Global Legal Studies
No abstract provided.
On The Internet And Sovereignty, Saskia Sassen
On The Internet And Sovereignty, Saskia Sassen
Indiana Journal of Global Legal Studies
No abstract provided.
Cyberspace, Sovereignty, Jurisdiction, And Modernism, Joel Trachtman
Cyberspace, Sovereignty, Jurisdiction, And Modernism, Joel Trachtman
Indiana Journal of Global Legal Studies
No abstract provided.