Law Commons^™

Welcoming Remarks And Statement Of The Issues, Fred H. Cate

Federal Communications Law Journal

The creation, manipulation, transmission, storage, and use of information constitute the United States' and the world's largest economic sector, affecting almost every aspect of business, education, government, and entertainment. The convener of From Conduit to Content: The Emergence of Information Policy and Law introduces The Annenberg Washington Program forum by noting the proliferation of information technologies and services, the diversity of industries and interests affected, and the number of government entities with jurisdiction, that contribute to both the complexity and the importance of information policy making.

From Conduit to Content: The Emergence of Information Policy and Law. The Annenberg Washington …

Freedom Of Information And The Eu Data Protection Directive, James R. Maxeiner

Federal Communications Law Journal

Because of advancements in information technology, the tension between protection of privacy and freedom of information has intensified. In the United States this tension is addressed with sector specific laws, like the Fair Credit Reporting Act. Conversely, in Europe, data protection laws of general applicability have existed for two decades. Recently, the Council of Ministers adopted a Common Position in a data protection directive.

The Author analyzes specific provisions of the Directive, primarily focusing on the provisions that address the tension between the right of privacy and the free flow of information within the European Union. Ultimately, the Directive strikes …

Panel Two: Information Policy Making, Allen S. Hammond, Bruce W. Mcconnell, Michael Nelson, Janice Obuchowski, Marc Rotenberg, Fred H. Cate

Federal Communications Law Journal

The second panel of From Conduit to Content: The Emergence of Information Policy and Law addresses the government's response to the policy making challenges presented by information. Panelists from the government and academia explore the question: "How has, and how should, the policy-making process respond to the diversity of issues, interests, and policymakers?" Participants include Fred H. Cate, Allen S. Hammond, Bruce W. McConnell, Michael Nelson, Janice Obuchowski, and Marc Rotenbergaddresses the government's response to the policy making challenges presented by information. Panelists from the government and academia explore the question: "How has, and how should, the policy-making process respond …

Panel One: Information Issues: Intellectual Property, Privacy, Integrity, Interoperability, And The Economics Of Information, Anne W. Branscomb, Brian Kahin, Ellen M. Kirsh, P. Michael Nugent, Fred H. Cate

Federal Communications Law Journal

The first panel of From Conduit to Content: The Emergence of Information Policy and Law examines the wide range of legal and regulatory issues presented by information, including intellectual property, privacy, free expression, liability for false or damaging expression, interoperability, international trade, antitrust, and government investment in and provision of information. Participants include Anne W. Branscomb, Fred H. Cate, Brian Kahin, Ellen M. Kirsh, and P. Michael Nugent.

From Conduit to Content: The Emergence of Information Policy and Law. The Annenberg Washington Program. Friday, March 3 1995, Washington, D.C.

The Last Mile: A Race For Local Telecommunications Competition Policy, Craig D. Dingwall

Federal Communications Law Journal

Although AT&T relinquished control of its local exchange carriers (LECs) in 1983, competition in the local telecommunications market has not flourished. Instead, Bell Operating Companies (BOCs) still retain the bulk of the market share for local exchange services, and most customers cannot access alternative local exchange service providers. In the long-distance market, however, increased competition has provided customers with better services at lower costs. In order to reproduce the notable consumer advantages found in the long-distance market, consumers must have consistent, convenient access to a multiplicity of alternative service providers.

The Author examines barriers surrounding the lack of competition in …

Masthead Vol.48 No.1 (1995)

Federal Communications Law Journal

No abstract provided.

Vol. 06, No. 04 (December 1995)

Res Ipsa Loquitur

No abstract provided.

Your Life As An Open Book: Has Technology Rendered Personal Privacy Virtually Obsolete?, Sandra Byrd Peterson

Federal Communications Law Journal

As society becomes increasingly automated, the ability of individuals to protect their "information privacy" is practically nonexistent. Information that was once kept on paper in filing cabinets is now on-line in computer databases. At the touch of a computer key, a complete stranger can conveniently access and compile from a variety of different sources a dossier of intimate, personal information about people without their knowledge. Perhaps more shocking is the current lack of legal recourse available to contest the nonconsensual use of personal data.

In this Note, the Author examines the currently loose constitutional and common-law protections and suggests strategies …

Raise The Yellow Submarine! Subafilms And Extraterritorial Application Of The Copyright Act, Michael T. Crowley

Federal Communications Law Journal

Protecting United States industry from the costs of overseas pirating is complex without an enforceable bilateral copyright agreement. In fact, the U.S. loses billions of dollars to acts of piracy abroad every year. Yet, the Ninth Circuit destroyed a potential check against overseas piracy in Subafilms, Ltd. v. MGM-Pathe Communs. Co. when it ruled that the U.S. Copyright Act does not prohibit piracy abroad. After a discussion of relevant case law surrounding extraterritorial application of the Copyright Act, the Author of this Note criticizes the Subafilms decision and proposes changes to the current language contained in the Copyright Act.

In God We Trust; All Others Who Enter This Store Are Subject To Surveillance, Karen A. Springer

Federal Communications Law Journal

Until recently, Americans could enjoy a quiet conversation over a doughnut and a cup of coffee with the knowledge that the conversation was indeed private. Dramatically, the illusion broke: the "walls have ears" at some Dunkin' Donuts shops in the form of hidden microphones. Employees and management actually listened to customers' "coffee talk." This Note analyzes the requirements of Title III of the Omnibus Crime Control and Safe Streets Act of 1968 and concludes that the surreptitious recording of customers' oral communications violates the spirit and letter of the Act.

Vol. 06, No. 03 (November 1995)

Res Ipsa Loquitur

No abstract provided.

The Role Of Multilateral Finance And The Environment: A View From The World Bank, Andrew Steer, Jocelyn Mason

Indiana Journal of Global Legal Studies

Dr. Steer and Mr. Mason begin by noting that since fundingfor

the Rio Earth Summit agreements has not been forthcoming,

multilateralfinanciailn stitutions (MFIs) have taken responsibilityf or

advancing the environmental agenda set forth at the Summit. Dr.

Steer and Mr. Mason note that MFIs furnish three crucial functions

in implementing the global environmental agenda. First, MFIs are

able to target investments in developing countries that involve

important environmental issues. Second, MFIs are able to support

policy reforms within developing countries to ensure environmental

standards and issues are properly addressed. Finally, MFIs can

multiply a small amount offunding into a significant …

International Law, Industrial Location, And Pollution, Duane Chapman, Jean Agras, Vivek Suri

Indiana Journal of Global Legal Studies

The dominant position of economists on trade and environment is that

increasing trade raises living standards, which provide the economic

basis for reduced pollution. Professors Chapman, Agras, and Suri

present a perspective that raises very different points. First, the dramatic

growth of manufacturing in East Asia for global markets is

based entirely (or nearly so) on the importation of processed

pollution-intensive raw materials. For a typical product in this global

system, a U.S. consumer purchasing an Asian product made from

imported resources benefits from a lower price and a cleaner local

environment; however, energy use and pollution associated with the …

Introduction: Indiana Journal Of Global Legal Studies Immigration Project

Indiana Journal of Global Legal Studies

No abstract provided.

Environmental Standards Within Nafta: Difference By Design And The Retreat From Harmonization, Jeffrey Atik

Indiana Journal of Global Legal Studies

Professor Atik argues that NAFTA, in legitimating regulatory differences among the NAFTA parties, represents a repudiation of standard harmonization. He states that while NAFTA and its environmental side agreement "have been described as the 'greenest' trade agreement to date," it marks a significant retreatfrom efforts to harmonize global environmental standards. This rejection is a product of "ajealous retention of sovereignty" by the NAFTA parties, as well as the careful maintenance of the parties' distinct production roles and specialities. Thus, Professor Atik argues that a convergence of standards will likely remain elusive within NAFTA. Both highstandard and low-standard parties may prefer …

Customary (And Not So Customary) International Environmental Law, Daniel Bodansky

Indiana Journal of Global Legal Studies

In this article, Professor Bodansky examines the creation and importance of customary international law. He suggests that the debate over the legal status of any given norm may be misplaced Instead, he suggests that international lawmakers should spend their time and energy incorporating norms, regardless of their true status, into "concrete treaties and actions." The author begins his discussion by providing a working definition of customary international law. He asserts that such law can be based not just on uniformities of state behavior, as is traditionally held, but also on regularities in behavior. Thus, customary international law can be formed …

Enforcement And The Success Of International Environmental Law, Mary Ellen O'Connell

Indiana Journal of Global Legal Studies

Professor O'Connell discusses the tradtional methods used for international law "enforcement," and she argues that international law is generally obeyed Its enforcement is based primarily on compliance, not enforcement. Accordingly, the author argues against using international enforcement mechanisms to enforce international environmental law. Instead, she posits that domestic courts should be used for international environmental law enforcement, however, certain obstacles, such as sovereign immunity, the doctrine of standing, and the principle of forum non conveniens, must be overcome. Professor O'Connell argues that it may be possible to overcome many of these court-made obstacles to enforcing international law through domestic courts. …

The Puzzling Relationship Between Trade And Environment: Nafta, Competitiveness, And The Pursuit Of Environmental Welfare Objectives, Ileana M. Porras

Indiana Journal of Global Legal Studies

The North American Free Trade Agreement (NAFTA) is often claimed to be a "promising beginning" for the reconciliation of trade and environment. Professor Porras, however, suggests that the form that "reconciliation" takes in NAFTA is extremely problematic. Harmonization of standards to facilitate the free flow of trade is a familiar trade goal. NAFTA's provisions regarding environmental standards, however, are not a straightforward requirement to harmonize standards. Rather, NAFTA recognizes state autonomy in standard setting, on the one hand, while requiring a form of upward harmonization, on the other. According to Professor Porras, the result of such an arrangement is the …

International Environmental Law And The "Bottom-Up" Approach: A Review Of The Desertification Convention, Kyle W. Danish

Indiana Journal of Global Legal Studies

The media was once filled with images of encroaching deserts and

starving populations. Attention has since shifted to other issues, but

the problems remain. Desertification is acute not only in familiar

desert regions such as the Sahara, but in regions such as the Sahelian

and Other drylands which comprise nearly thirty-five percent of the

earth's total land area. Mr. Danish analyzes the Desertification

Convention of 1995, discussing both the Convention's efforts to

address the environmental degradation and the Convention's impact

on international notions of the state, crafting large-scale responses,

and generating centralized regulation. This Convention employs a

"bottom-up" approach; it …

Vol. 06, No. 02 (October 1995)

Res Ipsa Loquitur

No abstract provided.

Taking Capital Jurors Seriously, Craig Haney

Indiana Law Journal

Symposium: The Capital Jury Project

How Juries Decide Death: The Contributions Of The Capital Jury Project, Valerie P. Hans

Indiana Law Journal

Symposium: The Capital Jury Project

Should Juries And The Death Penalty Mix?: A Prediction About The Supreme Court's Answer, Christopher Slobogin

Indiana Law Journal

Symposium: The Capital Jury Project

The Capital Jury Project: The Role Of Responsibility And How Psychology Can Inform The Law, Steven J. Sherman

Indiana Law Journal

Symposium: The Capital Jury Project

International Reaction To Hong Kong's Countdown To 1997: Doors Open To Hong Kong's Emigrants, Susan Goldammer

Indiana Journal of Global Legal Studies

No abstract provided.

The Challenge Of Immigration Policy In The New South Africa, Kevin Tessier

Indiana Journal of Global Legal Studies

No abstract provided.

The Politics Of Western Immigration, Stephen E. Scheele

Indiana Journal of Global Legal Studies

No abstract provided.

Immigration Law In The Russian Federation, Kevin Tessier

Indiana Journal of Global Legal Studies

No abstract provided.

Immigration Crisis In Federalism: A Comparison Of The United States And Canada, Kevin Tessier

Indiana Journal of Global Legal Studies

No abstract provided.

The Ada And The Nlra: Balancing Individual And Collective Rights, Robert A. Dubault

Indiana Law Journal

No abstract provided.