Communications Law Commons^™

Symposium Presentation: Legal Recognition Of Digital Signatures: A Global Status Report, Richard Allan Horning

UC Law SF Communications and Entertainment Journal

Mr. Homing traces the evidentiary roots of the "put it in writing" axiom and asks "where is the writing in e-commerce?" He discusses the legal response to the new evidentiary problems raised by that question in the context of online business, noting the need for new legal models to place such contracts within the Statute of Frauds.

Symposium Presentation: Business And Patents And Business Patents, Michael A. Glenn

UC Law SF Communications and Entertainment Journal

Mr. Glenn provides a general overview of patent law. He details recent developments in software patents, utility patents and business method patents. He concludes by emphasizing the notion that nearly everything is patentable, possibly even the business method for serving a meal, if such a method could be deemed useful, novel and nonobvious.

Taxation Of International Computer Software Transactions Under Regulation 1.861-18, Jonathan Purcell

UC Law SF Communications and Entertainment Journal

Transfer of computer software in the international context presents many complexities. Tension has developed between countries of manufacture and the countries of sale. Specifically, how should the income arising from such transactions and the resulting tax base be allocated between the nations where the purchaser and seller are located? Treasury Regulation 1.861-18 attempts to bring some clarity to the characterization of income from the international transfer of computer software. This note explains this regulation as it concerns the disposition of copyright ownership rights and copyrighted subject matter, as well as explores various tax planning opportunities.

Working Through The Static: Is There Anything Left To Local Control In The Siting Of Cellular And Pcs Towers After The Telecommunications Act Of 1996, Matthew N. Mcclure

Villanova Law Review (1956 - )

No abstract provided.

Us Media Law Update, Jonathan Weinberg

Law Faculty Research Publications

No abstract provided.

Of Cell Phones And Electronic Mail: Disclosure Of Confidential Information Under Disciplinary Rule 4-101 And Model Rule 1.6, Karin M. Mika

Law Faculty Articles and Essays

Regardless of the known security risks, it is difficult, if not impossible, to imagine a law firm in the twentieth century operating without the technological advancements that make it possible to communicate with anyone, anywhere, at any time. These advancements often enable immediate responses that are beneficial to attorneys and clients alike. Cellular phone usage and electronic mail are an integral mode of communication between firm members, negotiating attorneys, as well as between attorneys and their clients. While it has developed into a mode of communication making the practice of law more efficient, it is doubtful that most attorneys give …

Building Castles Made Of Glass—Security On The Internet, Joe Baladi

University of Arkansas at Little Rock Law Review

No abstract provided.

Chevron, Cooperative Federalism, And Telecommunications Reform, Philip J. Weiser

Publications

No abstract provided.

Public Broadcasting And The Crisis Of Corporate Governance, Monroe E. Price

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Clear Signatures, Obscure Signs, Adam White Scoville

Cardozo Arts & Entertainment Law Journal

No abstract provided.

United We Stand: The Anti-Competitive Implications Of Media Ownership Of Athletic Teams In Great Britain, Jonathan E. Bush

Vanderbilt Journal of Transnational Law

This Note analyzes the increasing integration of the sports and broadcasting industries and the British framework for evaluating the permissibility of transactions furthering such integration. In the context of the recent attempted takeover of British football club Manchester United by Rupert Murdoch's British Sky Broadcasting, the Note examines how the Monopolies and Mergers Commission (MMC) was uniquely poised to fully consider the ramifications of this developing nexus of sports and media and evaluates the significance of the MMC's decision on the future of both industries.

A diverse array of domestic, international, political, and economic issues and implications face any court …

Defending The Informers: The Media's Right To Protect Non-Confidential Source Information Following United States V. Smith, Michael Fitzsimmons

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Thoughts On The Sprint Acquisition., Michael Botein

Articles & Chapters

No abstract provided.

The Jurisprudence Of Appearances, Richard Sherwin

Articles & Chapters

No abstract provided.

Yet Another Fox In The Hen House: Government Protection Of Artistic Expression Within Privately Owned Public Spaces, David Rudenstine

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Why The Proposal To Legalize Physician-Assisted Suicide In Michigan Failed, Yale Kamisar

Articles

Some commentators and participants in the national debate over physician-assisted suicide (PAS) made much of the fact that in 1997 Oregon voters reaffirmed their support for assisted suicide by a much larger margin than the initial 1994 vote. The state legislature had put the initiative (which had initially passed by a 5149% vote) back on the ballot for an unprecedented second vote. This time the initiative was reaffirmed overwhelmingly, 60-40%. Barbara Coombs Lee, Executive Director of Compassion in Dying (an organization that counsels people considering PAS and one of the plaintiffs in Washington v. Glucksberg, 1997), hailed the second Oregon …

The Voyeurism Value In First Amendment Jurisprudence, Clay Calvert

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Why Did Voters Reject Michigan's Physician-Assisted Suicide Initiative?, Yale Kamisar

Articles

In November 1997, when Oregon voters reaffirmed their support for doctor-assisted suicide, some commentators called it a turning point for the "right to die" movement. But the lopsided defeat of a similar proposal in Michigan is a better barometer: in general, assisted suicide continues to fare badly in the political arena.

Defusing New York's 120-Day Time Bomb: The Meaning Of New C.P.L.R. 306-B, Brian A. Waldbaum

Cardozo Law Review

No abstract provided.

So Much For Savages: Navajo 1, Government 0 In Final Moments Of Play, Eben Moglen

Faculty Scholarship

Dame i gospodo, uvaˇzene kolege, poˇcastvovan sam vaˇsim pozivom da prisustvujem ovom znaˇcajnom skupu. Danas ´cu govoriti o ograniˇcenjina baziranim na ustavnim pravima regulacije naˇse komunikacije, od strane vlade, a u interesu signorsti. Ali na kraju, kao ˇsto ´cete i vi sami shvatiti nemo puno toga da se kaˇze, samo na osnovu toga ˇsto je na´cin komunikacije nov. Pre svega treba se reˇsiti pitanje jezika. After all, every act of linguistic communication occurs in a social context. And the single most important choice that we make when we communicate with one another is the choice of the language in which …

"Chevron," Cooperative Federalism, And Telecommunications Reform, Philip J. Weiser

Vanderbilt Law Review

In this Article, Professor Weiser argues that the advent of cooperative federalism statutes, like the Telecommunications Act of 1996, calls for a new conception of federal court review of state agency decisions. In particular, Professor Weiser suggests that federal statutes that invite state agencies to interpret federal law subject only to federal court review should be interpreted as calling for a deferential standard of review. Such a standard, to be sure, would allow cooperative federalism statutes to mean different things in different states. But as Professor Weiser illustrates with reference to the Telecommunications Act, the very nature of cooperative federalism …

Cyberspace Charities: Fundraising Tax Issues For Nonprofit Organizations In An Internet World, Hans Famularo

UC Law SF Communications and Entertainment Journal

Nonprofit organizations are increasingly relying on the internet as a fundraising tool. This note provides an overview of tax issues affecting online fundraising and suggests certain tax planning strategies to avoid the Unrelated Business Income Tax (UBIT) rules in anticipation of the possible position that the U.S. Treasury and the Internal Revenue Service may take in the future regarding online fundraising.

Liberalized Telecommunications Trade In The Wto: Implications For Universal Service Policy, Taunya L. Mclarty

Federal Communications Law Journal

The basic telecommunications commitments associated with the General Agreement on Trade in Services significantly affect market liberalization. Ultimately, a domestic legal framework that incorporates, as a part, some cost sharing for the furtherance of socially beneficial domestic policy would increase universal access benefits for some. Any detriment to those who are bearing the costs of it would be offset by the benefits that are obtained from GATS commitments on telecommunications that reduced trade barriers on services. Thus, this domestic/international arrangement could increase access to basic and enhanced services for some without decreasing universal service to any.

2001: A Space Legislation Odyssey - A Proposed Model For Reforming The Intergovernmental Satellite Organizations , Henry Wong

American University Law Review

No abstract provided.

Editor's Note, Malcolm J. Tuesley

Federal Communications Law Journal

No abstract provided.

"Wildly Enthusiastic" About The First Multilateral Agreement On Trade In Telecommunications Services, Laura B. Sherman

Federal Communications Law Journal

In 1998, the World Trade Organization’s (WTO) "Basic Telecom Agreement" dramatically opened to foreign competition basic telecommunications services of the sixty-nine WTO Members committing to the Agreement. The process and results of the WTO negotiations are important to telecommunications consumers because there will be increased market competition, thereby decreasing the price of such services and increasing consumer choice. The negotiations that led to the WTO Agreement resolved many difficult issues including: scheduling, regulator’s independence, competitive safeguards, and interconnection of telecommunications suppliers. The resolution of these issues will allow market access and foreign ownership in over 90 percent of major markets. …

A Birthday Party: The Terrible Or Terrific Two’S? 1996 Federal Telecommunications Act, Kathleen Wallman

Federal Communications Law Journal

As we celebrate the second anniversary of the Telecommunications Act of 1996, we can see that the predictions of instant cross-industry competition that were made at its birth were rather euphoric. Despite the unexpected twists and turns of the first two years, there have been a number of significant market developments suggesting that the lowering of barriers that the Act effected have put things on the right course. However, the success of the Act will be rather fragile during the next few years, as it is subject to reversal by market as well as judicial forces. We should therefore continue …

From International Competitive Carrier To The Wto: A Survey Of The Fcc’S International Telecommunications Policy Initiatives 1985-1998, Lawrence J. Spiwak

Federal Communications Law Journal

With the creation and implementation of the February 1996 World Trade Organization Agreement on Basic Telecommunications Services, the international telecommunications community has (at least on paper) promised ostensibly to move away from markets characterized by monopolies and toward a world of competition and deregulation. The big question, however, is whether these efforts will actually lead to better economic performance in the market for international telecommunications products and services. This Article examines one particular, yet extremely significant, portion of this inquiry—how much have U.S. international telecommunications policies specifically helped or hindered this process. This Article, after surveying Federal Communications Commission (FCC …

Masthead Vol.51 No.1 (1998)

Federal Communications Law Journal

No abstract provided.

Commercial Speech In The Law Of The European Union: Lessons For The United States?, J. Steven Rich

Federal Communications Law Journal

Both the United States and the countries that comprise the European Union have previously imposed limits on tobacco advertising. These restrictions prevent tobacco companies from advertising on broadcast television. Recently, the European Union adopted a new proposal that would expand restrictions by phasing out press and billboard advertisements, and prohibiting tobacco company sponsorship of sporting events. It seems certain that advertising interests in Europe will challenge the new proposal as a violation of freedom of expression. An analysis of the European Convention on Human Rights reveals that these challenges should ultimately succeed since the restriction on commercial speech is more …