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Articles 3091 - 3120 of 4057

Full-Text Articles in Communications Law

Public Understanding, Professional Ethics, And The News: A Response To Jane Rhodes, David Boeyink Oct 1994

Public Understanding, Professional Ethics, And The News: A Response To Jane Rhodes, David Boeyink

Federal Communications Law Journal

Symposium: The Transformation of Television News

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Public Understanding, Professional Ethics, And The News, Josephine Holz Oct 1994

Public Understanding, Professional Ethics, And The News, Josephine Holz

Federal Communications Law Journal

Symposium: The Transformation of Television News

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Fairness And The Public Trustee Concept: Time To Move On, Henry Geller Oct 1994

Fairness And The Public Trustee Concept: Time To Move On, Henry Geller

Federal Communications Law Journal

Symposium: The Transformation of Television News

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Microsoft: A Case Study In International Competitiveness, High Technology, And The Future Of Antitrust Law, Amy C. Page Oct 1994

Microsoft: A Case Study In International Competitiveness, High Technology, And The Future Of Antitrust Law, Amy C. Page

Federal Communications Law Journal

By traditional business standards, Microsoft looked like an ideal target for investigation by the Department of Justice's Antitrust Division: As competitors lined up to allege unfair business practices against Microsoft, about 80 percent of the personal computers in the world used the company's operating system. The Justice Department and Microsoft settled during the summer of 1994, before the case went to trial. This Note argues that by settling, the government acknowledges that traditional antitrust definitions may be counterproductive against companies that are playing the key roles in building the information superhighway. In the high technology industries, where small, innovative companies …

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Public Access: Fortifying The Electronic Soapbox, Jason Roberts Oct 1994

Public Access: Fortifying The Electronic Soapbox, Jason Roberts

Federal Communications Law Journal

Public access, viewed as the voice on cable for those outside the mainstream, has recently been criticized as nothing more than an unregulated channel for objectionable hate speech and indecent programming. When Congress passed the Cable Television Consumer Protection and Competition Act of 1992, cable operators found themselves in the conflicting role of being liable for indecent and obscene programming on public access, while at the same time unable to exercise any editorial control over access content. All sides are now waiting to see if the Court of Appeals for the D.C. Circuit will strike down these access rules as …

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Masthead Vol.47 No.1 (1994) Oct 1994

Masthead Vol.47 No.1 (1994)

Federal Communications Law Journal

No abstract provided.

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Are Oliver Stone And Tom Clancy Journalists? Determining Who Has Standing To Claim The Journalist's Privilege, Kraig L. Baker Jul 1994

Are Oliver Stone And Tom Clancy Journalists? Determining Who Has Standing To Claim The Journalist's Privilege, Kraig L. Baker

Washington Law Review

Most circuits recognize a qualified privilege that provides a partial First Amendment shield for journalists to protect the confidentiality of their sources and materials. Few courts, however, discuss the scope of the class protected by this privilege. This Comment examines who has traditionally been part of the protected class and explores the trends and concerns of courts in granting standing. This Comment also recommends a framework that courts can use to determine whether to extend the journalist's privilege to new formats of communication and applies this framework to two examples.

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The National Information Infrastructure Initiative And The Emergence Of The Electronic Superhighway, Jonathan D. Blake, Lee J. Tiedrich Jun 1994

The National Information Infrastructure Initiative And The Emergence Of The Electronic Superhighway, Jonathan D. Blake, Lee J. Tiedrich

Federal Communications Law Journal

The "information superhighway" has become a multipurpose label for the nation's evolving communications structure. Private investment to extend and enhance communications capacity, convergence of presently disparate technologies, and governmental policy will all play a role in formulating the superhighway's composition. Plainly, the challenges that lie ahead in constructing and regulating the superhighway will confront both the public and private sectors. The Authors begin their discussion by exploring the communications industry's role in developing the information superhighway. They then examine the details of both pending infrastructure legislation and the Clinton administration's infrastructure proposal. The Authors also discuss the construction and regulatory …

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Preemption Of Local Regulation Of Radio Antennas: A Post- Deerfield Policy For The Fcc, James R. Hobson, Jeffrey O. Moreno Jun 1994

Preemption Of Local Regulation Of Radio Antennas: A Post- Deerfield Policy For The Fcc, James R. Hobson, Jeffrey O. Moreno

Federal Communications Law Journal

The proliferation of novel radio delivery systems has resulted in the construction of new forms of radio antennas. Many localities have placed restrictions on the size and/or placement of these antennas, significantly hindering or blocking signal reception. Because the FCC has adopted rules that only partially preempt local regulations, municipalities have enacted laws restricting the use of home satellite dishes. A recent challenge to one such regulation resulted in a Second Circuit decision limiting the scope of FCC review of local regulations. The Authors suggest that the FCC need not take extreme measures such as total preemption or national zoning …

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Newscasts As Property: Will Retransmission Consent Stimulate Production Of More Local Television News?, Lorna Veraldi Jun 1994

Newscasts As Property: Will Retransmission Consent Stimulate Production Of More Local Television News?, Lorna Veraldi

Federal Communications Law Journal

The Cable Act of 1992 required, for the first time, that cable systems receive the consent of broadcast stations to retransmit their signals. While the fees that some stations had hoped to extract from the cable systems have generally not materialized, broadcasters may be able to use their expertise in the provision of local news and programming to gain additional cable channel space for this local-interest programming. The Author explores the historical interaction and conflict between cable systems and local broadcasters over retransmission rights. The Author also examines the courts' and FCC's responses to the copyright issues surrounding retransmission. Focusing …

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Fine Tuning The Federal Government's Role In Public Broadcasting, Howard A. White Jun 1994

Fine Tuning The Federal Government's Role In Public Broadcasting, Howard A. White

Federal Communications Law Journal

The Public Broadcasting Act of 1967 represented a major effort by the federal government to provide entertaining and enlightening programming unlike that being offered by major broadcasters. Central to this effort was the creation of the Corporation for Public Broadcasting (CPB), an independent corporation whose mission was to facilitate diversity, creativity, and innovation in noncommercial public broadcasting. It was to achieve this goal without engaging in content control over programming. However, members of Congress have expressed concern over the types of programming CPB was funding. As a result, Congress in 1992 directed the CPB to define national programming standards for …

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The Integration Of Banking And Telecommunications: The Need For Regulatory Reform, Kalpak S. Gude Jun 1994

The Integration Of Banking And Telecommunications: The Need For Regulatory Reform, Kalpak S. Gude

Federal Communications Law Journal

The recent proliferation of computer and telecommunications technologies have dramatically changed the banking industry's business sector. While this modernization has allowed banks to increase their efficiency and service, banking regulations have not kept pace. Telecommunications companies, armed with new FCC regulations encouraging increased competition, have eagerly taken this opportunity to expand their business offerings into the financial services sector. In this Note, the Author examines the telecommunications services presently provided by banks and the present regulatory structure that prevents further bank entry into the telecommunications sector. The Author concludes that banking regulations should be changed to allow banks to enter …

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Masthead Vol.46 No.3 (1994) Jun 1994

Masthead Vol.46 No.3 (1994)

Federal Communications Law Journal

No abstract provided.

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A Critique Of An Illegal Conduct Limitation On The Reporters' Privilege Not To Testify, Leslie A. Warren Jun 1994

A Critique Of An Illegal Conduct Limitation On The Reporters' Privilege Not To Testify, Leslie A. Warren

Federal Communications Law Journal

The First Amendment is commonly interpreted to allow reporters a qualified privilege not to testify. By compelling testimony only where the party requesting the information meets the elements of a three-part test, a court balances the interests of the requesting party with those of the reporter. The court in United States v. Sanusi applied this traditional test and found that the defendant met the elements. However, the court also added a new restriction on the privilege. This Note argues that the additional limitation, requiring that the court be confident that the privilege not be "justifying otherwise illegal conduct," is an …

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Policing The Religious Airwaves: A Case Of Market Place Regulation, Jeffrey K. Hadden Mar 1994

Policing The Religious Airwaves: A Case Of Market Place Regulation, Jeffrey K. Hadden

Brigham Young University Journal of Public Law

No abstract provided.

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Letter Of Introduction, Reed E. Hunt Mar 1994

Letter Of Introduction, Reed E. Hunt

Federal Communications Law Journal

No abstract provided.

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Abortion On The Air: Broadcasters And Indecent Political Advertising, Milagros Rivera-Sanchez, Paul H. Gates Jr. Mar 1994

Abortion On The Air: Broadcasters And Indecent Political Advertising, Milagros Rivera-Sanchez, Paul H. Gates Jr.

Federal Communications Law Journal

Section 315(a) of the Communications Act--the anti-censorship provision--allows for the presentation of candidates' unvarnished positions on issues important to the voting public. In the 1990s, ads centered around abortion caused a collision between the interests of political candidates and broadcasters. The Article reviews broadcasters' attempts to use the indecency provisions of the Communications Act to channel controversial political advertisements. The Authors conclude that airing potentially indecent political ads is unlikely to result in sanctions for broadcasters.

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The Children's Hour Revisited: The Children's Television Act Of 1990, Diane Aden Hayes Mar 1994

The Children's Hour Revisited: The Children's Television Act Of 1990, Diane Aden Hayes

Federal Communications Law Journal

The Children's Television Act of 1990 was created to reduce advertising during children's programming and increase the number of educational programs for children. But by 1993 media watchers found that violations were frequent, and that what was purported to be educational television was often little more than cartoons. This Note argues that the apparent failure of the Act stems primarily from its vague standards. To correct these problems, more explicit regulations are necessary. Because new regulations can only go so far before they invade broadcasters' First Amendment rights, broadcasters and the FCC will have to compromise to create a workable …

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Winning On Appeal: Better Briefs And Oral Argument, Michael J. Hirrel Mar 1994

Winning On Appeal: Better Briefs And Oral Argument, Michael J. Hirrel

Federal Communications Law Journal

No abstract provided.

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Telecommunications Property Taxation, James A. Amdur Mar 1994

Telecommunications Property Taxation, James A. Amdur

Federal Communications Law Journal

Because of recent changes in the regulatory environment, both states and telecommunications carriers are giving increased attention to property taxation. In analyzing the principles and practices involved in property taxation of telecommunications carriers, the Article emphasizes the relationship between the manner of regulation and the valuation of property. The Article reviews three major cases that deal with significant current valuation issues, and concludes that a uniform system of valuation and taxation would be the optimal solution to resolve many of the issues.

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Ain't Nothin' Like The Real Thing, Baby : The Right Of Publicity And The Singing Voice, Russell A. Stamets Mar 1994

Ain't Nothin' Like The Real Thing, Baby : The Right Of Publicity And The Singing Voice, Russell A. Stamets

Federal Communications Law Journal

The right of publicity has allowed celebrities and their licensees to commercially exploit "personality" through ever greater and subtler methods. Two celebrated cases involving entertainers Bette Midler and Tom Waits have expanded the right of publicity to the amorphous realm of vocal performance. The indeterminacy of this new right and the significant damages awarded in the leading cases have left commercial interests confused and hesitant. This Note argues that this new right unjustly rewards a small group of celebrity performers while reducing the economic incentives that encourage the development of new performers. This Note further argues that the right in …

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Masthead Vol.46 No.2 (1994) Mar 1994

Masthead Vol.46 No.2 (1994)

Federal Communications Law Journal

No abstract provided.

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Stolen From Stardust And Air: Idea Theft In The Entertainment Industry And A Proposal For A Concept Initiator Credit, Robert M. Winteringham Mar 1994

Stolen From Stardust And Air: Idea Theft In The Entertainment Industry And A Proposal For A Concept Initiator Credit, Robert M. Winteringham

Federal Communications Law Journal

In the entertainment industry idea theft is rampant. Because copyright protects only fixed expressions, a legal remedy does not always exist to stop the unattributed and unrewarded use of plot ideas. By incorporating elements from existing copyright and contract law, this Note proposes the creation of a "concept initiator" credit to protect fully developed ideas even where copyright cannot attach. The Author argues that the credit and the three-part test to determine when the credit applies will protect ideas from theft without drastically increasing the number of frivolous lawsuits.

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Analysis Of The Technical And Economic Issues Raised In The Consideration Of International Telecommunications Satellite Systems Separate From Intelsat, Chris Rourk Mar 1994

Analysis Of The Technical And Economic Issues Raised In The Consideration Of International Telecommunications Satellite Systems Separate From Intelsat, Chris Rourk

Federal Communications Law Journal

INTELSAT has provided the space segment for a global satellite telecommunications network since its inception in 1962. In part due to its economic success, several companies applied to the FCC for licenses to operate international telecommunications satellites separate from INTELSAT. This Comment asserts that INTELSAT did not suffer economic harm from the separate systems because no technological cause or economic reason exits for INTELSAT's high volume routes to subsidize its low volume routes. INTELSAT's pricing structure, its flexibility, and the increasing market for international satellite telecommunications have ensured INTELSAT's continued economic viability in the face of competitors.

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Regulatory Treatment Of Mobile Services: The Fcc Attempts To Create Regulatory Symmetry, E. Ashton Johnston Jan 1994

Regulatory Treatment Of Mobile Services: The Fcc Attempts To Create Regulatory Symmetry, E. Ashton Johnston

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

No abstract provided.

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The Critical Mass Decision: A Dangerous Blow To Exemption 4 Litigation, G. Branch Taylor Jan 1994

The Critical Mass Decision: A Dangerous Blow To Exemption 4 Litigation, G. Branch Taylor

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

No abstract provided.

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Real Life Trial Issues In Software Copyright Infringement Cases Or How Those Look And Feel Lawyers Are Proving Look And Feel: Reviewing Demonstrative Techniques, Claude M. Stern Jan 1994

Real Life Trial Issues In Software Copyright Infringement Cases Or How Those Look And Feel Lawyers Are Proving Look And Feel: Reviewing Demonstrative Techniques, Claude M. Stern

UC Law SF Communications and Entertainment Journal

"Look and feel" or sequence, structure, and organization opinions generally do not include visuals of exhibits the lawyers used to convince the court or jury that one program was or was not substantially similar to another. As a result, it is difficult for look and feel lawyers to determine what sort of evidence influenced a precedential decision. This Article discusses the low-technology and high-technology approaches to proving and defending software copyright infringement cases. The author analyzes cases involving claims of visual similarity of the user interface, components of the user interface, or the sequence, structure, and organization of the user …

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Speech, Technology, And The Emergence Of A Tricameral Media: You Can't Tell The Players Without A Scorecard, Burt Neuborne Jan 1994

Speech, Technology, And The Emergence Of A Tricameral Media: You Can't Tell The Players Without A Scorecard, Burt Neuborne

UC Law SF Communications and Entertainment Journal

No abstract provided.

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Rate Regulation, Effective Competition, And The 1992 Cable Act, Stanley M. Besen, John R. Woodbury Jan 1994

Rate Regulation, Effective Competition, And The 1992 Cable Act, Stanley M. Besen, John R. Woodbury

UC Law SF Communications and Entertainment Journal

No abstract provided.

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A Modest Proposal On Must-Carry, The 1992 Cable Act, And Regulation Generally: Go Back To Basics, Roger Pilon Jan 1994

A Modest Proposal On Must-Carry, The 1992 Cable Act, And Regulation Generally: Go Back To Basics, Roger Pilon

UC Law SF Communications and Entertainment Journal

No abstract provided.

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