Law Commons^™

The Power Of The Fcc To Regulate Newspaper-Broadcast Cross-Ownership: The Need For Congressional Clarification, Michigan Law Review

Michigan Law Review

The controversy surrounding the FCC's Second Report and . Order, its appeal, and the subsequent decision in NCCB raises basic questions concerning the statutory authority of the FCC to promulgate rules concerning newspaper-broadcast cross-ownership. This Note suggests that the FCC, notwithstanding judicial affirmation in NCCB of the Commission's authority to adopt such rules, might well be exercising more authority than Congress intended it to possess under the Communications Act of 1934. This Note therefore concludes that, irrespective of the merits of the Second Report and Order, Congress should reexamine and clarify the scope of the FCC's power in this regard.

Future Roles For Lawyers: Reflections On Crossing The Bar, Thomas Ehrlich

Cleveland State Law Review

Sometime ago, the New York Times reported that Erwin Griswold -former Dean of the Harvard Law School, former President of the American Bar Foundation, former Solicitor General of the United States, and one of my own mentors and friends -was asked whether all private lawyers should donate some of their time and talents to serving the poor. "Should carpenters build houses free?" he responded. The question was obviously intended as rhetorical, but in view of Mr. Griswold's stature in the legal profession his analogy deserves serious consideration, and his views deserve a serious response. My comments attempt to provide that …

Public Participation In The Adoption Of Interpretive Rules And Policy Statements, Michael Asimow

Michigan Law Review

Section I of this article surveys the practices of a selected group of federal agencies in the adoption of interpretive rules and policy statements. It emphasizes the importance of these rules both to members of the public and to the administrative process. Section II analyzes the cases that have considered the AP A exemption of interpretive rules and policy statements from preadoption notice and comment procedures. These cases are in disarray for several reasons. For one thing, the bright lines traditionally assumed to distinguish interpretive rules and policy statements from legislative rules have become blurred and indistinct. Moreover, the courts …

Bank Securities Activities And The Need To Separate Trust Departments From Large Commercial Banks, Thomas J. Schoenbaum

University of Michigan Journal of Law Reform

This article (1) analyzes the traditional Glass-Steagall Act restrictions on banks and the leading case of Investment Company Institute v. Camp, where the Supreme Court held that the offering by commercial banks of commingled agency accounts violated the Glass-Steagall Act prohibition against underwriting securities, (2) considers the. developments since that decision, and (3) offers suggestions on an approach to devising solutions to the policy questions involved.

Federal Preemption Of State Law: The Example Of Overbooking In The Airline Industry, Michigan Law Review

Michigan Law Review

Such complexity is common in the airline context, both because the Federal Aviation Act1 (FAA) and the Civil Aeronautics Board (CAB) do not purport to regulate all aspects of the industry and because airline activities are so varied that they come within the reach of numerous state statutory and common-law rules. This Note will consider the power of the CAB to preempt state law and thereby to insulate airline activities from state-law liability. It will suggest a framework for analyzing the problems of preemption by focusing on airline concealment of overbooking practices. Section I explains airline overbooking and demonstrates that …

Disclosure By Issuers Of Municipal Securities: An Analysis Of Recent Proposals And A Suggested Approach, Robert D. Tuke

Vanderbilt Law Review

The following considerations impacting on the disclosure issue have been developed in this Note: the uniqueness of the municipal securities industry, owing to the diverse natures of the securities, the wide variety of issuers, and the particular means of marketing the securities; the special circumstances created for underwriters by the competitive bidding process; the varied roles of other participants in the distribution process--fiscal agents, bond counsel, governmental accountants; the existing state machinery for regulation and control; the practical limitations on the SEC--both in staff capacity and expertise; the need for uniformity in disclosure to prevent weakened marketability of municipal securities …

The Role Of The Local Comprehensive Plan In Land Use Regulation, Daniel R. Mandelker

Michigan Law Review

This article will deal with the enlarged role of the comprehensive plan in the local land use control process. Part I examines traditional judicial views of the role of the comprehensive plan as a guide to zoning administration. Part II suggests that innovations in land use control and comprehensive planning techniques evidence a need for mandatory planning. Subsequent sections examine changes in the judicial attitude toward the role of the comprehensive plan in land use control administration, and survey some enacted and proposed state legislation that modifies the early planning acts by requiring comprehensive planning. This legislation is analyzed to …

New Judicial Approaches To Maintaining Housing Quality In The Cities, Eugenia K. Manning

Fordham Urban Law Journal

Virtually every member of the urban community is a party to a landlord-tenant relationship. As the general tenor of urban life in America changes, so must the laws which govern the urban dweller. For years the doctrine of caveat emptor prevented the tenant from forcing the landlord to make necessary repairs or to retain the leased premises in a habitable condition. The doctrine of constructive eviction afforded him little relief; and housing and sanitation codes, while achieving a measure of success, were generally ineffective. Only when conditions because unbearable did the law protect him. Increasingly, however, the trend has been …

Freedom Of The Press And Public Access: Toward A Theory Of Partial Regulation Of The Mass Media, Lee C. Bollinger Jr.

Michigan Law Review

The purpose of this article is to examine critically these decisions and to explore whether there is any rational basis for limiting to one sector of the media the legislature's power to impose access regulation. The article takes the position that the Court has pursued the right path for the wrong reasons. There is a powerful rationality underlying the current decision to restrict regulatory authority to broadcasting, but it is not, as is commonly supposed, that broadcasting is somehow different in principle from the print media and that it therefore is not deserving of equivalent first amendment treatment. As will …

Coal Mine Water Pollution: An Acid Problem With Murky Solutions, J. T. Begley, John Philip Williams

Kentucky Law Journal

No abstract provided.

Mergers In Regulated Industries: The Role Of The Regulatory Agency., C. Paul Rogers Iii

St. Mary's Law Journal

The merger of two or more independent business enterprises into a single business entity is the antithesis of the underlying policy in our economic system—the promotion of competition. However, regulatory agencies often face the major problem of applying antitrust provisions promoting freedom of competition in an industry where competition is restricted by law. It is commonly understood that if left unregulated private mergers of independent businesses tend to have anti-competitive impacts, i.e., the creation of monopolies. On the other hand, anti-trust laws and the agencies promulgating them function within highly regulated sectors where the government controls who may participate. The …

Municipal Bonds And The Federal Securities Laws: The Results Of Forty Years Of Indirect Regulation, Bruce N. Hawthorne

Vanderbilt Law Review

Recent abuses occurring in the municipal bond markets have threatened investor confidence and caused Congress to reevaluate its original decision to exempt these securities from the Securities Act of 1933 and the Securities Exchange Act of 1934. This Note will analyze in some depth the securities regulation aspects of the municipal securities markets. First, because an understanding of the unique nature of municipal securities and their markets is essential, a description will be made of the characteristics of municipal bonds and municipal bond purchasers, the participants in the municipal securities industry, and the new issue and trading markets for municipal …

The Role Of The Commodity Futures Trading Commission Under The Commodity Futures, Michigan Law Review

Michigan Law Review

After a brief look at the functions of futures markets, the conditions that led to the enactment of the Commodity Futures Trading Commission Act, and the major provisions of the Act, this note will critically examine the information now available on the major issues left to the Commission to decide, point to additional information that would be useful in making judgments on these issues, and recommend solutions. It will then discuss two problems not considered in the 1974 legislation--export controls and margin oversight--suggesting areas for action by the Commission.

Drinking Water Regulation, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

As 1974 drew to a close, President Ford signed legislation extending federal jurisdiction into a new realm: the quality of public drinking water supplies. This Safe Drinking Water Act is an interesting piece of legislation. It probably will become one more bit of data for the MOLDS System, and the Act, fortunately, has provisions which meet some of the criteria which Luther Avery set forth. Before describing the Act, I want to present a few statistics and background facts about this innocent bit of H2O.

Cable, Copyright, Communications: Controversy, Lee Fisher, Sam Salah

Cleveland State Law Review

This Note will examine the efforts of the courts, the legislature, and the Federal Communications Com-mission (FCC) to apply the Copyright Act of 1909 to the technological developments of the twentieth century. It is submitted that the significance of Teleprompter lies not in the Court's determination that there was no copyright infringement -for that finding will soon be negated by upcoming copyright law revision -but in the inability of the Court to discard past inflexible and unrealistic approaches to the 1909 Copyright Act. Offered is a different method of viewing cable communications in terms of the Copyright Act, which recognizes …

Community Rules Of Competition, Charles A. Schliebs

Vanderbilt Journal of Transnational Law

Since the inception of the European Economic Community (EEC) in the 1957 Treaty of Rome, the Member States have recognized that activities to restrict competition and abuses of dominant positions in business could seriously hinder the free flow of goods and services and the creation of a common market within the Community. The Treaty of Rome provides that one activity of the Community shall be "the institution of a system ensuring that competition in the Common Market is not distorted." Articles 85 and 86 form the basis of this system. Article 85 contemplates control of cartels and concerted anticompetitive practices. …

Dialing For Dollars: Communications Regulation And Electronic Fund Transfer Systems, Robert E. Lee

Maryland Law Review

No abstract provided.

Some Regulatory Implications Of Technology Assessment, Michael S. Baram

Faculty Scholarship

To conclude this wide-ranging panel discussion, I want to briefly address two aspects of regulation which have been troublesome, and for which Technology Assessment may be particularly useful.

The first aspect, which relates to radiation and other hazardous substances in general, is the increasingly important regulatory function of forcing the development and application of appropriate control technologies on industry-normally, the development and application of devices and techniques to protect public and worker health and safety. The question becomes: Is the regulatory program appropriately forcing and guiding necessary advances in control techniques and their timely use?

Reform Of The Florida Securities Law, James Mofsky

Florida State University Law Review

No abstract provided.

Prepaid Legal Services: A Proposal For State Regulation, J. Richard Livingston

Florida State University Law Review

No abstract provided.

Foreign Governmental Control Of Multinational Corporations Marketing In The United States, Joseph P. Griffin

Syracuse Journal of International Law and Commerce

It seems appropriate to begin this discussion of foreign governmental control of multinational corporations marketing in the United States by briefly reviewing the structure of the petroleum industry and the historical events leading to the Arab oil embargo.

Panel Discussion: Foreign Governmental Control Of Multinational Corporations Marketing In The United States, John Beach, Joseph P. Griffin, Michael W. Gordon, Luke Finlay

Syracuse Journal of International Law and Commerce

This panel discussion focuses on debating the regulation of companies operating in more than one country. The primary emphasis is placed on oil companies.

Florida's Sovereignty Submerged Lands: What Are They, Who Owns Them, And Where Is The Boundary?, Glenn J. Macgrady

Florida State University Law Review

No abstract provided.

Billboard Control Under The Highway Beautification Act Of 1965, Roger A. Cunningham

Michigan Law Review

Although the advertising control provisions of the Highway Beautification Act of 1965 have been the subject of unremitting controversy from the date of enactment until the present time, only three substantive amendments to title I have been adopted in the intervening years. These are the amendments to subsections ( d) and (j) and the addition of a new subsection (n) all of which were adopted in 1968.

The Interrelationship Between Excusionary Subdivision Control - A Second Look, Roger A. Cunningham

University of Michigan Journal of Law Reform

The thesis of this article is that the conclusion set out above is both oversimplified and inaccurate. Contrary to the author's contention in his Journal article, there are "viable distinctions between zoning and subdivision control," and consequently the major exclusionary techniques available to suburban communities through "zoning" are simply not available in connection with "subdivision control." Dramatic attempts at racial exclusion through subdivision control are likely to be infrequent. Although subdivision regulations, like zoning ordinances and building codes, require expenditures by land developers which increase the cost of housing and thus tend to exclude the poor, the effect of subdivision …

Interstate Land Sales Regulation: The Case For An Expanded Federal Role, Robert R. Maxwell

University of Michigan Journal of Law Reform

Public awareness of the need for protection from fraudulent vendors of undeveloped land recurs periodically and has led to brief flurries of legislative and journalistic attention since the Florida land boom of the 1920s. Despite the rush of state and federal legislation enacted in recent years to combat sharp practices in the land development field, the need for stronger regulation has been revealed by testimony at public hearings held by the Office of Interstate Land Sales Registration as well as by numerous news accounts of questionable tactics employed by some land development promoters. The recent actions of the Federal Trade …

Proposed Regulation Of Limited Partnership Investment Programs, Ivan J. Schell

University of Michigan Journal of Law Reform

Limited partners have long been admonished to scrutinize potential investments; this advice is often ignored, however, by investors eager to reap quick profits. Furthermore, the proliferation of limited partnership interests in a single enterprise diffuses the focus of investor vigilance and increases the potential for undetected abuses. Thus a need for regulation, either governmental or private, has developed. Currently the Uniform Limited Partnership Act and blue sky laws provide some control of limited partnership abuses at the state level. On the interstate level, the Midwest Securities Commissioners Association, the National Association of Securities Dealers, and the Securities and Exchange Commission …

Passing Depreciation To Investor-Partners, Donald J. Weidner

South Carolina Law Review

No abstract provided.

The Fcc Computer Inquiry: Interfaces Of Competitive And Regulated Markets, Michigan Law Review

Michigan Law Review

Since the advent of computer technology, data processing and communication services have become increasingly interdependent. In 1966, the Federal Communications Commission launched the Computer Inquiry to explore the broad range of regulatory and policy problems generated by this technological development.2

Exclusionary Zoning Practices: An Examination Of The Current Controversy, W. Harold Bigham, C. Dent Bostick

Vanderbilt Law Review

For the last 45 years the idea that local zoning administration is a highly desirable exercise of the state police power has become progressively more entrenched in urban thinking and planning. Although opponents of zoning have quarreled with details of administration or decried the failure of the Supreme Court to continuously oversee implementation of the zoning concept, they have assumed basic Euclidian zoning theory' to be beyond serious challenge. This assumption is no longer valid, for classic municipal zoning is on the firing line and its survival is by no means certain.