Communications Law Commons^™

Media Law And Policy Executive Board, New York Law School

Media Law and Policy

No abstract provided.

Ovs: A Pla Tform Worth Investing In?, Kimberly Auerbach

Media Law and Policy

No abstract provided.

Stupid Lawyer Tricks: An Essay On Discovery Abuse, Charles M. Yablon

Articles

The article critiques the prevalent approaches to addressing discovery abuse in legal proceedings, arguing that traditional methods focusing on moralizing about civility are ineffective. Instead, it proposes a more direct approach, inspired by parental discipline, where judges should firmly tell lawyers to cease abusive behavior. The author draws on Aristotle's concept of "akrasia" (moral weakness) to explain why lawyers often engage in counterproductive tactics, suggesting that emotional impulses and the pressure to win drive such actions. The article advocates for innovative solutions to deter discovery abuse, emphasizing the need to make such behavior less enjoyable through targeted sanctions and increased …

Resale Issues In Telecommunications Regulation: An Economic Perspective, Alexander C. Larson

Michigan Telecommunications & Technology Law Review

The purpose of this Article is to evaluate proposed resale policies from an economic perspective. Specifically, this Article evaluates whether mandated resale can be expected to lead to the benefits ascribed to it by its proponents. In addition, this Article identifies issues which must be addressed before an economically sound local service resale policy may be put into place.

Report Of The Subcommittee On Legal Opinions Of The Transactional Practice Committee Of The Federal Communications Bar Association, Federal Communications Bar Association

Federal Communications Law Journal

The Federal Communications Bar Association created an Ad Hoc Committee on Opinion Letters to create and develop materials to assist practitioners in drafting and negotiating opinion letters for FCC-related transactions. This Committee Report is intended to facilitate negotiations between opinion givers and recipients, whose respective business operations are at least in part regulated by the FCC. However, the Report is drafted with the assumption that practitioners utilizing it understand the basis for certain opinions are counsel(s examination of records which may be incomplete in the public reference room.

The Report is divided into four parts: (1) the general status of …

The Fcc's Minority Ownership Policies From Broadcasting To Pcs, Antoinette Cook Bush, Marc S. Martin

Federal Communications Law Journal

The Federal Communication Commission's (FCC's) proposed minority preference scheme for broadcast spectrum allocation has been called into question in the wake of the Supreme Court(s recent decision in Adarand Constructors, Inc. v. Pena. The Authors begin by discussing the development of minority preference schemes in the 1970s and 1980s and the changes in the methods through which the FCC has awarded broadcast licenses. In 1993, the FCC was granted the authority to auction spectrum allocation, provided that the FCC ensured the economic opportunity of minority-owned business under such a competitive bidding regulatory regime. However, this grant of authority presented …

Common Carrier Regulation Of Telecommunications Contracts And The Private Carrier Alternative, Peter K. Pitsch, Arthur W. Bresnahan

Federal Communications Law Journal

The Communications Act of 1934 requires, among other things, that telephone companies as "common carriers" make their services available to the general public at affordable rates. The Federal Communications Commission (FCC) has the authority to classify telephone services as common carriers as well as the ability to remove common carrier regulation to promote competition, satisfy consumer demand for individually tailored offerings, and avoid unnecessary regulatory costs. The Authors of this Article believe that the FCC should remove the common carrier regulation from certain long-distance service contracts and that such regulation is consistent with the deregulatory aims of the recent Telecommunications …

Masthead Vol.48 No.3 (1996)

Federal Communications Law Journal

No abstract provided.

Digital Demons And Lost Lawyers: A Review Of Law In A Digital World By M. Ethan Katsh, Bruce A. Markell

Federal Communications Law Journal

The increase in technology gives rise to an interesting discussion on whether the way lawyers approach the law will change. This question is analyzed with Professor Katsh's premise that the increase in the use of computers and networks will ultimately change the manner in which lawyers accumulate and use information. The Reviewer defends the role of lawyers as being more than just "information providers;" lawyers are guardians of a distinguished service as well. The Reviewer declares that what lawyers do cannot be oversimplified by computers and networks. Nevertheless, the Reviewer emphasizes that Law in a Digital World does provide insight …

Editor's Note, Dawn A. Noble

Federal Communications Law Journal

No abstract provided.

Cooperative Standard Setting: The Road To Compatibility Or Deadlock? The Nafta's Transformation Of The Telecommunications Industry, Karen E. Lee

Federal Communications Law Journal

In an effort to reduce nontariff barriers, the North American Free Trade Agreement (NAFTA) directs its three member nations to utilize product standards set by international standard-setting organizations. What were once considered "permissible standards" are now mandatory standards as Articles 904-906 of the NAFTA mandate the telecommunications industry to adopt cooperative standard-setting by these organizations as the sole method to achieve standardization. Currently, the International Telecommunications Organization and the International Organization for Standardization are the two principal cooperative standardization organizations in the telecommunications industry.

This Note argues that the NAFTA should allow members to "opt out" of the requirement for …

The First Amendment Status Of Commercial Speech: Why The Fcc Regulations Implementing The Telephone Consumer Protection Act Of 1991 Are Unconstitutional, Deborah L. Hamilton

Michigan Law Review

This Note considers the constitutionality of the FCC's regulations implementing the no-recorded-message provision of the 1991 TCPA and concludes that they violate the First Amendment because they impermissibly distinguish between commercial and noncommercial speech. Part I explains the structure of the FCC's recorded-message regulations and demonstrates that the regulations explicitly distinguish commercial recorded messages from other recorded messages. Part II examines First Amendment protection for commercial speech in light of three 1993 Supreme Court decisions that restructured commercial speech doctrine by holding that the government can single out commercial speech for regulation only in response to a distinct harm arising …

Hanging Up On Commercial Speech: Moser V. Fcc, Paul S. Zimmerman

Washington Law Review

The Ninth Circuit Court of Appeals in Moser v. FCC upheld the constitutionality of provisions in the Telephone Consumers Protection Act which prevent the commercial use of devices that deliver a pre-recorded sales message to home telephones. This Note examines the history of the U.S. Supreme Court's treatment of commercial speech and argues that the Ninth Circuit decision failed to apply criteria reflective of the Court's conception of the significant role played by commercial speech in our economy and society.

Mergers In Mobile Telecommunications Services: A Primer On The Analysis Of Their Competitive Effects, John W. Berresford

Federal Communications Law Journal

Mobile telecommunications businesses are undergoing an unprecedented period of mergers which may result in a national network for Personal Communications Services. All of these transactions require the approval of the Federal Communications Commission (FCC), which is in the process of issuing thousands of local, regional, and nationwide licenses. The FCC grants the licenses under "the public interest" standard of the Communications Act of 1934, which requires an analysis of each proposed merger's effect on competition.

The Author begins his description of the analytic framework used by the FCC by describing its variables. Part I describes the "product market," which must …

Whither Goest Ntia? The Fate Of A Federal Telecommunications Agency, Richard E. Wiley, Paul E. Misener

Federal Communications Law Journal

In the past year, Congress has sealed the fate of the National Telecommunications and Information Administration (NTIA). Although President Clinton has pledged to veto any action that abolishes the Commerce Department, in which the NTIA is located, Congress will ultimately dismantle the NTIA. Thus, the question becomes what entity will shoulder NTIA's workload, which includes among other responsibilities managing federal use of the radio frequency spectrum, developing executive branch telecommunications policy, and administering the Federal Grants Program.

Although the Federal Communications Commission (FCC) appears to many a natural successor to the NTIA's varied responsibilities, the Authors suggest other agencies are …

Masthead Vol.48 No.2 (1996)

Federal Communications Law Journal

No abstract provided.

A Different Time, A Different Place: Breaking Up Telephone Companies In The United States And Japan, Richard E. Nohe

Federal Communications Law Journal

Currently, the Japanese government is in the midst of a decision with respect to the future of the now privatized Nippon Telegraph and Telephone (NTT) of Japan. The divestiture of AT&T, NTT's United States counterpart, occurred over a decade ago. The Japanese government is contemplating the use of AT&T as a model for the break up of NTT. Because of NTT's history as a monopoly service provider, the central issue confronting Japan is how to create a market that can withstand competition nationally and globally.

The Author adopts a comparative approach in seeking to provide guidance to policymakers in Japan. …

A Double-Barrelled Assault: How Technology And Judicial Interpretations Threaten Public Access To Law Enforcement Records, Jamison S. Prime

Federal Communications Law Journal

Recently, an explosion of media coverage has revealed gross misconduct on the part of many police officers in the United States. From Rodney King to Mark Furman, the events have raised grave questions about whether existing checks against police misconduct are effective. Yet, at this crucial period, technological advances and judicial interpretations undermine the ability of the public to access police records. The Author argues that most Freedom of Information (FOI) statutes provide inadequate access to police records in light of technological advances and narrow judicial interpretations of FOI statutes.

Freedom Of Information Statutes: The Unfulfilled Legacy, Laura Schenck

Federal Communications Law Journal

When members of a state legislature debated and then voted on a controversial amendment to the state budget, the legislative clerk denied two reporters from a local newspaper access to a record of the roll call votes. The state supreme court upheld the denial in the face of a Freedom of Information (FOI) request. This example illustrates the shortcomings of most freedom of information statutes; in most cases, the legislative branch has quietly exempted itself from disclosure requirements. Consequently, voters at both the state and federal level are not legally entitled to know how their representatives have voted.

The Author …

Spectrum Bids, Bets, And Budgets: Seeking An Optimal Allocation And Assignment For Domestic Commercial Electromagnetic Spectrum Products, Services, And Technology, William Kummel

Federal Communications Law Journal

This Comment analyzes the Federal Communications Commission's (FCC's) allocation and assignment of commercial electromagnetic spectrum licenses through competitive bidding auctions as authorized under Sections 921 to 927 of the National Telecommunications and Information Administration Organization Act (NTIAO Amendment) and Section 309(j) of the Federal Communications Act of 1934.

In five parts, this Comment analyzes (1) the FCC's statutory mandate, (2) spectrum's unique physical properties, (3) allocation and assignment methodologies, (4) traditional and nontraditional bidding systems, and (5) the preferred simultaneous multiple round electronic (SMRE) bidding structure. This Comment recommends a policy reorientation to promote spectrum capacity.

To promote efficient use …

Communicative Freedom, Communicative Power, And Jurisgenesis, Klaus Günther

Cardozo Law Review

One of the doubts raised against discourse theory by many critics concerns the place of the individual. Liberals especially fear that the individual gets involved in a system of obligations which is derived from certain pragmatical presuppositions of communication and which forces the individual to participate in discourses whenever he or she pursues his or her own happiness in society. But Jacques Derrida too, who could scarcely be called a "liberal" in the traditional sense, characterizes those presuppositions of communication which entail an obligation for the speaker and the hearer as "violence." For these critics, it must now be a …

Impact Of The Communications Decency Act Of 1996 On Federal Prosecutions Of Computer Dissemination Of Obscenity, Indecency, And Child Pornography, William P. Keane

UC Law SF Communications and Entertainment Journal

With the passage of the Communications Decency Act of 1996, Congress provided federal prosecutors with a potentially powerful new tool for combating "indecent" communications sent or made available to minors through computer networks. The author offers an early examination of the CDA on the use of computer and computer networks as instrumentalities of federal obscenity, indecency, and child pornography crimes, as well as the possible Constitutional challenges that are likely to emerge. He also outlines anticipated problems with enforcement, proof, and various defense strategies.

Regulating Competition In The Information Age: Computer Software As An Essential Facility Under The Sherman Act, David Mcgowan

UC Law SF Communications and Entertainment Journal

This Article examines the application of the antitrust laws to computer software markets, beginning with a discussion of the different economic approaches underlying the antitrust and copyright laws. The Article contends generally that antitrust does not provide the analytical tools necessary to determine the optimal scope of copyright protection. The Article then examines more particularly the increasingly common argument that access to software code-including at least some form of copying-may be an "essential facility" under the antitrust laws. In this regard the Article discusses the analytical confusion surrounding the essential facilities concept and argues that application of the concept should …

Hilton Davis And Jury Trials,, William Alsup, Carolyn Wiggin

UC Law SF Communications and Entertainment Journal

Congress' creation of the Court of Appeals for the Federal Circuit in 1982 led to a boom in patent litigation that has continued into the 1990's. As this boom has continued, the role of juries in patent infringement cases has been criticized, with commentators suggesting jury bias in favor of patent holders. In particular, critics of patent infringement jury trials have argued that the doctrine of equivalents favors plaintiffs by allowing juries too much discretion in finding a patent infringement when there has been no literal infringement.

In 1995, the Federal Circuit's decision in Hilton Davis Chemical Co. v. Warner-Jenkinson …

The Federal Communications Commission's Equal Opportunity Employment Program And The Effect Of Adarand Constructors, Inc. V. Pena, S. Jenell Trigg

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.

The Copyright Term Extension Act: Is Life Plus Seventy Too Much, Jenny L. Dixon

UC Law SF Communications and Entertainment Journal

The Copyright Term Extension Act, if enacted, will increase the term of copyright protection to include the life of the author plus seventy years. Proponents of this legislation argue that such an increase is necessary for the United States to remain competitive in international intellectual property matters. This Note examines that proposition in light of the United States copyright tradition, the international copyright agreements currently in effect, and the negative impact the extension could have upon users of the public domain.

The Application Of Securities Laws In Cyberspace: Jurisdictional And Regulatory Problems Posed By Internet Securities Transactions, Kenneth W. Brakebill

UC Law SF Communications and Entertainment Journal

This Note examines the impact of the Cyberspace revolution upon our current American system of securities regulation. The Author discusses several recent technological innovations, including the advent of electronic media to deliver corporate information to investors, the use of the Internet to consummate public stock offerings, and the creation of on-line securities trading systems to match buyers and sellers, and addresses the response of securities regulators to these novelties. In large part, the author will explore the legal uncertainty that has been thrust upon the American courts, federal and state regulators, and investors in light of the growing use of …

Patent Protection For Computer-Related Inventions: The Past, The Present, And The Future, Nancy J. Linck, Karen A. Buchanan

UC Law SF Communications and Entertainment Journal

Intellectual property protection is important to the United States' economic welfare, in particular to the computer industry. This Article briefly overviews the underlying purpose of the United States' patent laws and the confusion present in the law regarding patent protection for computer software and computer-related inventions. It begins its discussion of this confusion with a review of the history of patent protection for these inventions, characterizing the history as "marked by 'stops and starts.'" The initial "starts" are numerous cases from the Court of Customs and Patent Appeals reversing the Patent and Trademark Office's (PTO's) refusal to issue a patent …

Patent Law's Nonobviousness Requirement: The Effect Of Inconsistent Standards Regarding Commercial Success On The Individual Inventor, Reed W. L. Marcy

UC Law SF Communications and Entertainment Journal

This Note examines the Federal Circuit's approach to determining nonobviousness, the most difficult of the statutory patent requirements to satisfy, and the effect that inconsistent nonobviousness standards have on the individual inventor.

Since 1982, the Federal Circuit has made the commercial success of an invention the most important factor in determining whether an invention was not obvious and thus patentable. For the most part, the Federal Circuit's approach has helped the individual inventor. However, numerous obstacles arise when too much emphasis is placed on the marketing of the invention rather than on the creative act of inventing. In addition, the …

Ball Four: The Irs Walks The Kansas City Royals, Myreon Sony Hodur

UC Law SF Communications and Entertainment Journal

The IRS will grant deductions for money spent on charitable purposes. One such purpose is lessening the burdens of governments. In 1993 the IRS granted a deduction worth almost $100 million to the estate of Ewing M. Kauffman for his donation of the Kansas City Royals baseball team to a local community foundation under a "Succession Plan." That arrangement would give local buyers preference in bidding to purchase the team from the foundation. The IRS found that the Succession Plan lessened the burden of government insofar as it relieved Kansas City area governments of their burden in keeping the franchise …