Law Commons^™

Editor's Note, Carl W. Butler

Federal Communications Law Journal

No abstract provided.

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 …

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 …

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 …

Masthead Vol.56 No.1 (2003)

Federal Communications Law Journal

No abstract provided.

The Role Of Efficiencies In Telecommunications Merger Review, Calvin S. Goldman Q.C., Ilene Knable Gotts, Michael E. Piaskoski

Federal Communications Law Journal

As a result of the recent telecommunications industry slowdown and the rise of globally integrated communications networks, mergers and acquisitions have become a commonplace occurrence throughout the developed world. In this article, Calvin Goldman, Michael Piaskoski and Ilene Gotts review recent merger and acquisition activity and discuss how the decisions to allow or deny “M&A” are viewed by regulatory agencies in the United States, the European Union, and Canada. The first part of this article addresses these three parties’ approaches to M&A consideration and how the concept of “efficiencies” generated by consolidation enters those deliberations. The authors then explore the …

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 …

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 …

Abuse Of Female Sweatshop Laborers: Another Form Of Sexual Harassment That Does Not Fit Neatly Into The Judiciary's Current Understanding Of Discrimination Because Of Sex, Gregory A. Bullman

Indiana Law Journal

No abstract provided.

"On The Chastity Of Women All Property In The World Depends" : Injury From Sexual Slander In The Nineteenth Century, Lisa R. Pruitt

Indiana Law Journal

In this Article, Professor Pruitt discusses conceptions of the injury associated with defamation law, focusing in particular on sexual slander cases that were brought in the early nineteenth century, before statements that impugned a woman's chastity were deemed slander per se. During this time, women had to prove so-called "special damages" in order to state a cause of action. Courts showed some flexibility in what they recognized as constituting "special damages," even stretching to recognize pecuniary harm in damaged personal relationships. Nevertheless, courts refused to recognize injuries stemming from and related to emotional distress injuries, and they were often skeptical …

National Security And The First Amendment: A Judicial Role In Maximizing Public Access To Information, Matthew Silverman

Indiana Law Journal

No abstract provided.

War Powers: What Are They Good For?: Congressional Disapproval Of The President's Military Actions And The Merits Of A Congressional Suit Against The President, Andrew D. Lemar

Indiana Law Journal

No abstract provided.

Reconsidering The Mythical Advantages Of Cohabitation: Why Marriage Is More Efficient Than Cohabitation, Eric P. Voigt

Indiana Law Journal

No abstract provided.

Copyrighting Facts, Michael Steven Green

Indiana Law Journal

No abstract provided.

Normative Creativity And Global Legal Pluralism: Reflections On The Democratic Critique Of Transnational Law, Oren Perez

Indiana Journal of Global Legal Studies

No abstract provided.

Mitigating Human Rights Risks Under State-Financed And Privatized Infrastructure Projects, Michael B. Likosky

Indiana Journal of Global Legal Studies

No abstract provided.

Examining The (Non-)Status Of Ngos In International Law, Kerstin Martens

Indiana Journal of Global Legal Studies

No abstract provided.

A Critical Methodology Of Globalization: Politics Of The 21st Century?, Vidya S. A. Kumar

Indiana Journal of Global Legal Studies

No abstract provided.

Corporate Governance After Enron And Global Crossing: Comparative Lessons For Cross-National Improvement, Edward S. Adams

Indiana Law Journal

No abstract provided.

Unmanaged Care: Towards Moral Fairness In Health Care Coverage, Sharona Hoffman

Indiana Law Journal

Health insurers are generally guided by the principle of "actuarial fairness," according to which they distinguish among various risks on the basis of costrelated factors. Thus, insurers often limit or deny coverage for vision care, hearing aids, mental health care, and even AIDS treatment based on actuarial justifications. Furthermore, approximately forty-two million Americans have no health insurance at all, because most of these individuals cannot afford the cost of insurance. This Article argues that Americans have come to demand more than actuarial fairness from health insurers and are increasingly concerned about what I call "moral fairness." This is evidenced by …

Lessons From Stockholm: Evaluating The Global Convention On Persistent Organic Pollutants, Andrew J. Yoder

Indiana Journal of Global Legal Studies

No abstract provided.

Prescriptive Jurisdiction Over Internet Activity: The Need To Define And Establish The Boundaries Of Cyberliberty, Samuel F. Miller

Indiana Journal of Global Legal Studies

No abstract provided.

Reconciling Human Rights And Sovereignty: A Framework For Global Property Law, Christopher Saporita

Indiana Journal of Global Legal Studies

No abstract provided.

Reconcilable Differences: The Supreme Court Should Allow The Marriage Of Brady And Plea Bargaining, Andrew P. O'Brien

Indiana Law Journal

No abstract provided.

A Lesson From Nafta: Can The Ftaa Function As A Tool For Improvement In The Lives Of Working Women, Hannah L. Meils

Indiana Law Journal

No abstract provided.

Efficiency And Social Citizenship: Challenging The Neoliberal Attack On The Welfare State, Martha T. Mccluskey

Indiana Law Journal

No abstract provided.

World Heritage In Danger In The Hotspots, John Charles Kunich

Indiana Law Journal

No abstract provided.

From Reluctant Champion To Development Ringmaster: Managing The Expanding Mission Of The World Bank, Jane Rueger

Indiana Journal of Global Legal Studies

No abstract provided.

Changing Identities And Changing Laws: Possibilities For A Global Legal Culture, Russell Menyhart

Indiana Journal of Global Legal Studies

No abstract provided.

In Memoriam Fred Rogers (1928-2003)

Federal Communications Law Journal

No abstract provided.