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Maurer School of Law: Indiana University

Journal

1998

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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 Oct 1998

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 Jul 1998

The Illusory Promise: Freedom Of The Press In Hong Kong, China, Frances S. Foster

Indiana Law Journal

No abstract provided.


Cigarette Law, Daniel Givelber Jul 1998

Cigarette Law, Daniel Givelber

Indiana Law Journal

No abstract provided.


Beyond The Usual Suspects: The Use Of Citizens Advisory Boards In Environmental Decisionmaking, John S. Applegate Jul 1998

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 Jul 1998

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 Jul 1998

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 Jul 1998

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 Jul 1998

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 Jul 1998

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 May 1998

Editor's Note, Michael M. Pratt

Federal Communications Law Journal

No abstract provided.


Communications Policy Leadership For The Next Century, Michael K. Powell May 1998

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 May 1998

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 May 1998

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 May 1998

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 May 1998

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 May 1998

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 May 1998

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 May 1998

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 …


Masthead Vol.50 No.3 (1998) May 1998

Masthead Vol.50 No.3 (1998)

Federal Communications Law Journal

No abstract provided.


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 May 1998

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 May 1998

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 May 1998

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 Apr 1998

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 Apr 1998

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 Apr 1998

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. Apr 1998

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 Apr 1998

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 Apr 1998

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 Apr 1998

On The Internet And Sovereignty, Saskia Sassen

Indiana Journal of Global Legal Studies

No abstract provided.


Cyberspace, Sovereignty, Jurisdiction, And Modernism, Joel Trachtman Apr 1998

Cyberspace, Sovereignty, Jurisdiction, And Modernism, Joel Trachtman

Indiana Journal of Global Legal Studies

No abstract provided.