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2003

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Full-Text Articles in Law

Progressivist Origins Of The 2003 California Gubernatorial Recall, Kira L. Klatchko Dec 2003

Progressivist Origins Of The 2003 California Gubernatorial Recall, Kira L. Klatchko

ExpressO

Progressivist Origins of the 2003 California Gubernatorial Recall, was written in Sacramento in the midst of the first statewide recall of an elected official in California. The paper explores the nature of the recall procedure and its implementation in the state, and is chiefly an inquiry into the relatedness of the current incarnation and its Progressivist root. It focuses particularly on the recall of Governor Gray Davis, and details how shifting attitudes towards public participation have altered the procedure over time.


Comparative Analysis Of Telecommunications Regulations: Pitfalls And Opportunities, Mary Newcomer Williams Dec 2003

Comparative Analysis Of Telecommunications Regulations: Pitfalls And Opportunities, Mary Newcomer Williams

Federal Communications Law Journal

Book Review: Controlling Market Power in Telecommunications: Antitrust vs. Sector-specific Regulation by Damien Geradin and Michel Kerf.
In this 2003 publication, the authors comprehensively review and analyze the telecommunications regulatory structure of five nations that have achieved some success in promoting competition in telecommunications markets. The authors engage in this analysis in order to evaluate the use of telecommunications sector-specific regulation versus more general, economywide antitrust regulation to accomplish specific goals related to promoting competition and efficiency in the provision of telecommunications services. This review describes the authors’ analysis and highlights its strengths and limitations. It also offers a few ...


Telric Vs. Universal Service: A Takings Violation?, Stuart Buck Dec 2003

Telric Vs. Universal Service: A Takings Violation?, Stuart Buck

Federal Communications Law Journal

While the Telecommunications Act of 1996 has had a profound positive impact on many sectors of the communications industry in the United States, local phone companies have recently faced a serious dilemma under a provision of the Act known as TELRIC. In this article, Stuart Buck presents a current analysis of the position of the telephone company and its struggle to meet costs under the TELRIC structure. The author argues that by forcing regional phone operators to grant wholesale pricing to competitors under TELRIC, while simultaneously maintaining Universal Service requirements of reduced-rate phone access to remote customers, the local phone ...


A Round "Peg" For A Round Hole: Advocating For The Town Of Oyster Bay's Public Access Channel Restrictions, Thomas Werner Dec 2003

A Round "Peg" For A Round Hole: Advocating For The Town Of Oyster Bay's Public Access Channel Restrictions, Thomas Werner

Federal Communications Law Journal

New technological devices which allow consumers to skip commercials are driving corporations to engage in alternative advertising. The development of more “organic” methods of integrating products into the content of television programs makes those advertisements much more difficult to detect. As it becomes more difficult to divorce the product being sold from the content of the program, it also becomes more difficult to determine whether or not an advertisement actually exists. Without such blatant references, these programs would be likely candidates to appear on public access channels. This poses a severe threat to the service that those channels were intended ...


Say Cheese: The Constitutionality Of State-Mandated Airtime On Public Broadcasting Stations In Wisconsin, Andrew D. Cotlar Dec 2003

Say Cheese: The Constitutionality Of State-Mandated Airtime On Public Broadcasting Stations In Wisconsin, Andrew D. Cotlar

Federal Communications Law Journal

Last year, the State of Wisconsin passed legislation which would require statechartered public broadcasting television networks to carry political advertising for candidates free of charge. In this article, Andrew Cotlar raises many concerns about the wisdom of such legislation and the impact this trend may have on public broadcasters throughout the nation. The author begins by analyzing the current position of the law on political access requirements, at both federal and state levels, and then argues that the public television stations should continue to be free to exercise substantial editorial discretion. The Article proceeds to critique the Wisconsin statute as ...


Is Federal Preemption Efficient In Cellular Phone Regulation, Thomas W. Hazlett Dec 2003

Is Federal Preemption Efficient In Cellular Phone Regulation, Thomas W. Hazlett

Federal Communications Law Journal

While many recent state-level efforts to regulate various aspects of the cellular phone industry have been abandoned in favor of federal regulations, other attempts by state regulators still exist. For this reason, Thomas Hazlett proposes that federal regulation is generally more appropriate than state-level action, due to the nature of the cellular industry. After a brief history of the industry, the author analyzes the pros and cons associated with state and federal regulation. The Article then proceeds to address the efficiencies created by national networks and proposes that the fragmentation of controlling regulatory power would reduce these efficiencies. Following a ...


Brief Of Former Administrator Carol M. Browner Et Al., As Amici Curiae Supporting Respondents, South Florida Water Management Dist. V. Miccosukee Tribe Of Indians, No. 02-626 (U.S. Nov. 14, 2003), ., Richard J. Lazarus Nov 2003

Brief Of Former Administrator Carol M. Browner Et Al., As Amici Curiae Supporting Respondents, South Florida Water Management Dist. V. Miccosukee Tribe Of Indians, No. 02-626 (U.S. Nov. 14, 2003), ., Richard J. Lazarus

U.S. Supreme Court Briefs

No abstract provided.


Legal Issues Involving Children, Robert E. Shepherd Jr. Nov 2003

Legal Issues Involving Children, Robert E. Shepherd Jr.

University of Richmond Law Review

No abstract provided.


Wills, Trusts, And Estates, J. Rodney Johnson Nov 2003

Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

No abstract provided.


Antitrust And Trade Regulation Law, Michael F. Urbanski, James R. Creekmore, Ellen S. Moore Nov 2003

Antitrust And Trade Regulation Law, Michael F. Urbanski, James R. Creekmore, Ellen S. Moore

University of Richmond Law Review

No abstract provided.


Health Care Law, Kathleen M. Mccauley Nov 2003

Health Care Law, Kathleen M. Mccauley

University of Richmond Law Review

No abstract provided.


Public Utility Law, B. Paige E. Holloway Nov 2003

Public Utility Law, B. Paige E. Holloway

University of Richmond Law Review

No abstract provided.


Taxation, Craig D. Bell Nov 2003

Taxation, Craig D. Bell

University of Richmond Law Review

No abstract provided.


For And Against Marriage: A Revision., Anita Bernstein Nov 2003

For And Against Marriage: A Revision., Anita Bernstein

Faculty Scholarship

No abstract provided.


Criminal Law, Marla Graff Decker, Stephen R. Mccullough Nov 2003

Criminal Law, Marla Graff Decker, Stephen R. Mccullough

University of Richmond Law Review

No abstract provided.


Real Estate Law, Brian R. Marron, Christopher M. Gill Nov 2003

Real Estate Law, Brian R. Marron, Christopher M. Gill

University of Richmond Law Review

No abstract provided.


Revenue And Taxation Legislative Summary 2003, Assembly Committee On Revenue And Taxation Oct 2003

Revenue And Taxation Legislative Summary 2003, Assembly Committee On Revenue And Taxation

California Assembly

MEMBERS:
Honorable Ed Chavez, Chair
Honorable Mark Wyland, Vice Chair
Honorable Tom Harman
Honorable John Laird
Honorable Mark Leno
Honorable Joe Simitian
Democratic Vacancy

STAFF:
Kimberly Bott, Chief Consultant
Eileen Roush, Principal Consultant
Christine Hiersche, Committee Secretary


Assembly Committee On Public Safety: 2003 Bill Summary, Assembly Committee On Public Safety Oct 2003

Assembly Committee On Public Safety: 2003 Bill Summary, Assembly Committee On Public Safety

California Assembly

MEMBERS
Mark Leno, Chair
Jay La Suer, Vice Chair
Rudy Bermudez
Jackie Goldberg
Paul Koretz
John Longville
Todd Spitzer

COMMITTEE STAFF
Bruce E. Chan, Chief Counsel
Gregory Pagan, Counsel
Kathleen Ragan, Counsel
Danielle A. Lee, Counsel
Sue Highland, Committee Secretary
Toni J. Nakashima, Committee Secretary


United States V. Bean: Shoveling After The Elephant?, Pannal A. Sanders Oct 2003

United States V. Bean: Shoveling After The Elephant?, Pannal A. Sanders

ExpressO

Thomas Bean’s felony conviction in Mexico implicated provisions of federal law that preclude certain persons, including specified felons, from owning or trading in firearms and ammunition which have been transported in interstate commerce. 18 USC Sec. 922. Affected persons can seek relief from the federal firearms disability by invoking procedures established in 18 USC Sec. 925(c) under the Dept of Treasury, Director of Alcohol, Tobacco and Firearms (“ATF”). Beginning in 1992, Congress has enacted provisions annually in the ATF’s appropriations laws that ban it from investigating or acting upon Sec. 925(c) applications from individuals. Section 925 ...


Guidebook For Implementation Of Senate Bill 1610 And Senate Bill 221 Of 2001 To Assist Water Suppliers, Cities, And Counties In Integrating Water And Land Use Planning, California Department Of Water Resources Oct 2003

Guidebook For Implementation Of Senate Bill 1610 And Senate Bill 221 Of 2001 To Assist Water Suppliers, Cities, And Counties In Integrating Water And Land Use Planning, California Department Of Water Resources

California Agencies

Senate Bills 610 (Chapter 643, Statutes of 2001) and Senate Bill 221 (Chapter 642, Statutes of 2001) amended state law, effective January 1, 2002, to improve the link between information on water supply availability and certain land use decisions made by cities and counties. SB 610 and SB 221 are companion measures which seek to promote more collaborative planning between local water suppliers and cities and counties. Both statutes require detailed information regarding water availability to be provided to the city and county decision-makers prior to approval of specified large development projects. Both statutes also require this detailed information be ...


Eldred's Aftermath: Tradition, The Copyright Clause, And The Constitutionalization Of Fair Use, Stephen M. Mcjohn Oct 2003

Eldred's Aftermath: Tradition, The Copyright Clause, And The Constitutionalization Of Fair Use, Stephen M. Mcjohn

Michigan Telecommunications & Technology Law Review

Eldred v. Ashcroft offered the Supreme Court broad issues about the scope of Congress's constitutional power to legislate in the area of intellectual property. In 1998, Congress added twenty years to the term of all copyrights, both existing and future copyrights. But for this term extension, works created during the 1920s and 1930s would be entering the public domain. Now such works will remain under copyright until 2018 and beyond. Eldred v. Ashcroft rejected two challenges to the constitutionality of the copyright extension. The first challenge contended that Congress had exceeded its power to grant copyrights for "limited Times ...


The Need For Revisions To The Law Of Wiretapping And Interception Of Email, Robert A. Pikowsky Oct 2003

The Need For Revisions To The Law Of Wiretapping And Interception Of Email, Robert A. Pikowsky

Michigan Telecommunications & Technology Law Review

I argue that a person's privacy interest in his email is the same as his privacy interest in a telephone conversation. Moreover, the privacy interest in email remains unchanged regardless of whether it is intercepted in transmission or covertly accessed from the recipient's mailbox. If one accepts this assumption, it follows that the level of protection against surveillance by law enforcement officers should be the same[...] As technology continues to blur the distinction between wire and electronic communication, it becomes apparent that a new methodology must be developed in order to provide logical and consistent protection to private ...


F03rs Sgb No. 12 (Paintball), Buller Oct 2003

F03rs Sgb No. 12 (Paintball), Buller

Student Senate Enrolled Legislation

A Bill

To appropriate one thousand five hundred dollars ($1,500) to the Paintball Club at LSU to defray the cost of the registration for attending the Paintball

College World Cup


F03rs Sgr No. 10 (Mitch Landrieu), Busada, Billeaudeau Oct 2003

F03rs Sgr No. 10 (Mitch Landrieu), Busada, Billeaudeau

Student Senate Enrolled Legislation

A RESOLUTION

To welcome Lieutenant Governor- Elect Mitch Landrieu To Louisiana State University and offer student support and urge student input in his administration as we move forward in Louisiana


F03rs Sgb No. 8 (Amend Constitution), Hattaway, Watson Oct 2003

F03rs Sgb No. 8 (Amend Constitution), Hattaway, Watson

Student Senate Enrolled Legislation

A BILL

to amend Article VI, Section Four, Sub-Section Two of the LSU A&M Student Government Constitution to meet a changing election board and the method for which they are chosen.


F03rs Sgr No. 2 (Res Life), Chassee, Hebert Oct 2003

F03rs Sgr No. 2 (Res Life), Chassee, Hebert

Student Senate Enrolled Legislation

A RESOLUTION

To recommend that the Department of Residential Life return to a seven-day move-in schedule.


F03rs Sgb No. 14 (Sfoc), Staples, Griggs Oct 2003

F03rs Sgb No. 14 (Sfoc), Staples, Griggs

Student Senate Enrolled Legislation

A BILL

to amend Article IX, Section 3 of the LSU A&M Student Government

Bylaws to restructure the Student Fee Oversight Committee.


F03rs Sgr No. 7 (Cjd), Bradshaw, Hattaway Oct 2003

F03rs Sgr No. 7 (Cjd), Bradshaw, Hattaway

Student Senate Enrolled Legislation

A RESOLUTION

To express sincere and heartfelt condolences upon the untimely death of Corey James Domingue a native of Lafayette, Louisiana and a life long resident of Franklin, Louisiana


F03rs Sgb No. 15 (Election Code), Hattaway, Hebert Oct 2003

F03rs Sgb No. 15 (Election Code), Hattaway, Hebert

Student Senate Enrolled Legislation

A BILL

To amend the Election Code so that the Newly Passed constitutional Amendment and the Election Code Coincide for the Spring 2004 Elections


F03rs Sgr No. 8 (Textbooks), Staples, Duhon, Toups, Hattaway Oct 2003

F03rs Sgr No. 8 (Textbooks), Staples, Duhon, Toups, Hattaway

Student Senate Enrolled Legislation

A RESOLUTION

To request that all faculty members comply with textbook vendors request to turn in book order forms by the vendors specified deadline.