Communications Law Commons^™

Your Revolution: The Federal Communications Commission, Obscenity And The Chilling Of Artistic Expression On Radio Airwaves, Nasoan Sheftel-Gomes

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Software Copyright Law And The Digital Millennium Copyright Act Under The Microscope: Blizzard V. Bnetd As The Lens, David Brett Kinitsky

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Killing With Kindness: Fatal Flaws In The $6.5 Billion Universal Service Funding Mission And What Should Be Done To Narrow The Digital Divide, Rob Frieden

Cardozo Arts & Entertainment Law Journal

No abstract provided.

"Thou Shalt Not Go About As A Talebearer Among Thy People": Jewish Law And The Private Facts Tort, Elie Mischel

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Gibson V. Prs: The Applicability Of The Initial Interest Confusion Doctrine To Trademarked Product Shapes, Paul Anthony Marchisotto

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Of Secrets And Spies: Strengthening The Public's Right To Know About The Cia, Martin E. Halstuk, Eric Easton

All Faculty Scholarship

The impetus behind the Intelligence Reform Act was to prevent another terrorist attack on American soil. The statute completely overhauled the United States intelligence apparatus, largely by amending the National Security Act of 1947, which created the CIA and established the Director of Central Intelligence (DCI) as its head. The purpose of this article is to demonstrate that by renovating the fifty-seven-year-old National Security Act to create a modern intelligence infrastructure, Congress has also paved the way for a new intelligence-information paradigm. For the last two decades, near-blanket CIA secrecy has gone largely unchecked, principally because of the Court's ruling …

Relative Access To Corrective Speech: A New Test For Requiring Actual Malice, Aaron Perzanowski

Articles

This Article reexamines the First Amendment protections provided by the public figure doctrine. It suggests that the doctrine is rooted in a set of out-dated assumptions regarding the media landscape and, as a result, has failed to adapt in a manner that accounts for our changing communications environment.

The public figure doctrine, which imposes the more rigorous actual malice standard of fault on defamation plaintiffs who enjoy greater access to mass media, was constructed in an era defined by one-to-many communications media. Newspapers, broadcasters, and traditional publishers exhausted the Court's understanding of the means of communicating with mass audiences. As …

Filmmaking In The Precinct House And The Genre Of Documentary Film, Jessica Silbey

Faculty Scholarship

This Article explores side-by-side two contemporary and related film trends: the recent popular enthusiasm over the previously arty documentary film and the mandatory filming of custodial interrogations and confessions.

The history and criticism of documentary film, indeed contemporary movie-going, understands the documentary genre as political and social advocacy (recent examples are Michael Moore's Farenheit 9/11 and Errol Morris's Fog of War). Judges, advocates, and legislatures, however, assume that films of custodial interrogations and confessions reveal a truth and lack a distorting point of view. As this Article explains, the trend at law, although aimed at furthering venerable criminal justice principles, …

Church Autonomy Is Not A Better Path To "Truth", Marci A. Hamilton

Articles

No abstract provided.

Common Law Property Metaphors On The Internet: The Real Problem With The Doctrine Of Cybertrespass, Shyamkrishna Balganesh

Faculty Scholarship

The doctrine of cybertrespass represents one of the most recent attempts by courts to apply concepts and principles from the real world to the virtual world of the Internet. A creation of state common law, the doctrine essentially involved extending the tort of trespass to chattels to the electronic world. Consequently, unauthorized electronic interferences are deemed trespassory intrusions and rendered actionable. The present paper aims to undertake a conceptual study of the evolution of the doctrine, examining the doctrinal modifications courts were required to make to mould the doctrine to meet the specificities of cyberspace. It then uses cybertrespass to …

The Media As Participants In The International Legal Process, Monica Hakimi

Faculty Scholarship

We know what we know about current international events through the media. The media (with their instantaneous transmission of images and sound across great distances) inform us of everything from the train bombings in Madrid and London, to human rights abuses in Darfur, to the fall of Saddam Hussein’s Iraq. Yet the media do not simply communicate raw information; they selectively filter, define and give shape to the events that they cover — in terms of what is happening, whether it is appropriate, and how relevant international actors should and do respond. The media thus are the nerves of the …

Network Neutrality: Competition, Innovation, And Nondiscriminatory Access, Tim Wu

Faculty Scholarship

The best proposals for network neutrality rules are simple. They ban abusive behavior like tollboothing and outright blocking and degradation. And they leave open legitimate network services that the Bells and Cable operators want to provide, such as offering cable television services and voice services along with a neutral internet offering. They are in line with a tradition of protecting consumer's rights on networks whose instinct is just this: let customers use the network as they please. No one wants to deny companies the right to charge for their services and charge consumers more if they use more. But what …

Why Have A Telecommunications Law? Anti-Discrimination Norms In Communications, Tim Wu

Faculty Scholarship

This paper describes a vision of what telecommunications laws’ central goals should be in coming decades, and what kind of legal instruments will serve those goals. The telecommunications law, I suggest, has been preoccupied with three projects: allocating rights, managing discrimination, and achieving various social goals, like indecency regulation. This paper argues that in the future the main point of the telecommunications law should be as an anti-discrimination regime, and that the main challenge for regulators will be getting the anti-discrimination rules right.

The view advanced here, while much popularized over the last decade, has deeper roots reaching back to …