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Articles 61 - 72 of 72
Full-Text Articles in Communications Law
Ensuring Remedies To Cure Cramming, Amy J. Schmitz
Ensuring Remedies To Cure Cramming, Amy J. Schmitz
Cardozo Journal of Conflict Resolution
On July 23, 2012, the Federal Trade Commission ("FTC") called wireless telephone bill cramming "a significant consumer problem," and both the FTC and Federal Communications Commission ("FCC") have been delving into the morass of concerns regarding cramming with respect to landline (or wired) telephone billing. "Cramming" occurs when a third party unaffiliated with a customer's telephone company adds charges to the telephone bills that the company sends to the customer. These charges can be for anything from horoscopes to long-distance telephone services.
Birthing “Cla”: Critical Legal Activism, The Ip Wars And Forking The Law, Victoria Smith Ekstrand, Andrew Famiglietti, Suzanne V.L. Berg
Birthing “Cla”: Critical Legal Activism, The Ip Wars And Forking The Law, Victoria Smith Ekstrand, Andrew Famiglietti, Suzanne V.L. Berg
Cardozo Arts & Entertainment Law Journal
No abstract provided.
From The People's Court To American Idol: The Relationship Between Reality Television And Arbitration, On-Air And Off, Jared Bloch
From The People's Court To American Idol: The Relationship Between Reality Television And Arbitration, On-Air And Off, Jared Bloch
Cardozo Journal of Conflict Resolution
The first section discusses the background of the role of alternative dispute resolution ("ADR") in television, starting with the courtroom dramas that helped bring ADR to mainstream culture. Next, the Note will explore the regulations that helped to shape the television industry, in conjunction with a discussion of why the impact of these regulations is still being felt today. Then, the Note will discuss the effect that guilds, such as the Screen Actors Guild ("SAG") and American Federation of Television and Radio Artists ("AFTRA"), have on arbitration provisions and contracts as a whole, as well as a bigger picture analysis …
Searching For Internet Freedom In China: A Case Study On Google's China Experience, Jyh-An Lee, Ching-Yi Liu, Weiping Li
Searching For Internet Freedom In China: A Case Study On Google's China Experience, Jyh-An Lee, Ching-Yi Liu, Weiping Li
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Terry Jones And Global Free Speech In The Internet Age, G. Aaron Leibowitz
Terry Jones And Global Free Speech In The Internet Age, G. Aaron Leibowitz
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Panel Ii: Critical Legal Activism And Netroots Movements, Victoria Smith Ekstrand, Brett Frischmann, John Tehranian, Siva Vaidhyanathan
Panel Ii: Critical Legal Activism And Netroots Movements, Victoria Smith Ekstrand, Brett Frischmann, John Tehranian, Siva Vaidhyanathan
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Antitrust Enforcement And Sectoral Regulation: The Competition Policy Benefits Of Concurrent Enforcement In The Communications Sector, Jonathan Baker
Antitrust Enforcement And Sectoral Regulation: The Competition Policy Benefits Of Concurrent Enforcement In The Communications Sector, Jonathan Baker
Scholarly Articles in Law Reviews & Journals
The US competition agencies – the Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC) – often share jurisdiction with sectoral regulators also charged with fostering competition, such as the Federal Communications Commission (FCC). This article highlights how this institutional structure – concurrent jurisdiction – helps protect competition through the lens of recent US experiences involving the communications industry. It argues that concurrent jurisdiction is likely most effective when the communications regulator has independent access to industry information to limit capture, when the communications regulator can take a long-term perspective, when the antitrust agency can …
Docs Versus Glocks: N.R.A. Takes Aim At Florida Physicians’ Freedom Of Speech: Leaving Patients’ Health, Safety, And Welfare At Risk, Michelle Foody
Docs Versus Glocks: N.R.A. Takes Aim At Florida Physicians’ Freedom Of Speech: Leaving Patients’ Health, Safety, And Welfare At Risk, Michelle Foody
Cardozo Law Review de•novo
Part I of this Note provides background on the Act at issue, its legislative history, the current status of the Supreme Court’s free speech jurisprudence, and it also introduces the constitutional interests at stake. Part II considers the constitutionality of the Act under the existing First Amendment standard and addresses the State’s assertions under the Second Amendment. Part III proposes that the Court’s standard ought to be recalibrated, taking into account the would-be listeners’ cognizable interest in the information. Part III goes on to legitimate the proposal by reconciling this new examination standard with existing free speech jurisprudence and justifications, …
Expanding Rape Shield Laws: Breaking Through Prejudice For Better Protection Of Battered Women, Sarah C. Ayres
Expanding Rape Shield Laws: Breaking Through Prejudice For Better Protection Of Battered Women, Sarah C. Ayres
Cardozo Journal of Equal Rights & Social Justice
The article argues for the expansion of rape shield laws to civil cases involving orders of protection, asserting that the exclusion of evidence regarding consensual sex between a victim and her abuser is crucial to counteract prejudicial stereotypes and provide better legal protection for battered women.
"Simple" Takes On The Supreme Court, Robert L. Tsai
"Simple" Takes On The Supreme Court, Robert L. Tsai
Faculty Scholarship
This essay assesses black literature as a medium for working out popular understandings of America’s Constitution and laws. Starting in the 1940s, Langston Hughes’s fictional character, Jesse B. Semple, began appearing in the prominent black newspaper, the Chicago Defender. The figure affectionately known as “Simple” was undereducated, unsophisticated, and plain spoken - certainly to a fault according to prevailing standards of civility, race relations, and professional attainment. Butthese very traits, along with a gritty experience under Jim Crow, made him not only a sympathetic figure but also an armchair legal theorist. In a series of barroom conversations, Simple ably critiqued …
The Constitutionality Of Consumer Privacy Regulation, Felix T. Wu
The Constitutionality Of Consumer Privacy Regulation, Felix T. Wu
Articles
The article argues for enhanced consumer privacy protections through improved notices and restrictions on data sharing, while addressing potential First Amendment concerns by emphasizing the commercial nature of the entities involved. It suggests that regulating commercial data practices differs from restricting individual free speech and should not face the same legal hurdles.
Three Puzzling Things About New York Times V. Sullivan: Beginning The Anniversary Conversation, Leonard M. Niehoff
Three Puzzling Things About New York Times V. Sullivan: Beginning The Anniversary Conversation, Leonard M. Niehoff
Articles
This is the 50th anniversary of a watershed year in the history of the civil rights movement. During that year, the Southern Christian Leadership Conference mounted its anti-segregation campaign in Alabama; Commissioner "Bull" Connor turned dogs and fire hoses on demonstrators; activists were attacked; riots flared; George Wallace blocked the doors of a public university to keep black students out; President Kennedy dispatched troops to Alabama and called for the passage of a civil rights bill; Medgar Evers was murdered; the then-largest human rights demonstration in U.S. history converged on Washington; Martin Luther King Jr. gave his historic speech at …