Entertainment, Arts, and Sports Law Commons^™

Visual Arts And The Law: A Bibliography, Part I, Gail I. Winson

UC Law SF Communications and Entertainment Journal

No abstract provided.

Cable Television's New Legal Universe: Early Judicial Response To The Cable Act, Michael I. Meyerson

All Faculty Scholarship

On October 29, 1984, a new era began in the relationship between law and cable television. On that day, the first major law regulation cable television, the Cable Communications Policy Act of 1984,was signed into law.

Early judicial attempts to interpret the Cable Act revealed the difficulties judges had with understanding the new legal regimen. A common thread running through these varied cases, if any, was the courts' apparent lack of appreciation of the Act's complexity. Many, though not all, decisions appear to misread congressional language and misinterpret congressional intent. The first part of this Article will discuss this problem …

Consistency Over Time: The Fcc's Indecency Rerun, L. A. Powe Jr.

UC Law SF Communications and Entertainment Journal

The FCC reinvigorated the decade-old Pacifica indecency standard in a trio of cases involving Howard Stern's popular radio talk show, songs aired on a college station, and a play about two gays dying of AIDS who discuss their sexual fantasies over the phone that was aired on Pacifica's Los Angeles station. The trio maintains a surprising consistency with past commission behavior. First, it is the direct result of politics and the need to give the Republican right a victory. Second, it reestablishes what the original Pacifica action was meant to cover. Finally, it is yet another example of the belief …

Posadas De Puerto Rico V. Tourism Company Of Puerto Rico: The End Of The Beginning, P. Cameron Devore

UC Law SF Communications and Entertainment Journal

In a speech delivered in November 1987, the author analyzes developments in the commercial speech doctrine since the Supreme Court's 1986 decision in Posadas de Puerto Rico v. Tourism Company of Puerto Rico. The speech argues that Posadas is distinguishable on its unusual facts from other commercial speech cases, and is fundamentally inconsistent with the Supreme Court's seminal commercial speech decision in Central Hudson Gas & Electric v. Public Service Commission (1980). The author believes that a total ban on tobacco advertising would be impermissible under the first amendment, and not legitimized by Posadas. Finally, the speech reviews other significant …

A Critique Of The Fowler Fcc's 1984-85 Multiple Ownership Rule, Herbert H. Howard

UC Law SF Communications and Entertainment Journal

In 1984-85, the Federal Communications Commission liberalized its rules governing multiple ownership of broadcast stations. Since then, television station ownership has undergone rapid change as stations and entire groups have become vehicles for quick capital gains by speculators. Elimination of the Commission's three-year holding rule, coupled with economic speculation and rising station values resulted in a marked increase in station trading and ownership instability. The author analyzes the Fowler Commission's multiple ownership rule and the elimination of the long held "anti-trafficking" policy and questions the wisdom of the latter in terms of industry instability.

Policy-Making At The Fowler Fcc: How Speeches Figured In, Daniel Brenner

UC Law SF Communications and Entertainment Journal

Part of the legacy of FCC Chairman Mark Fowler are the speeches in which he advocated his theory of deregulation. The author, Fowler's legal advisor and principal speech-writer, states his view of the Fowler chairmanship, indicating which speeches were intended, at least by those in office, to be the milestones of that period. He offers an appraisal of the successes and failures of the chairmanship. Additionally, he generalizes about the limits of the speech-making function at an administrative agency, given its responsibility to Congress.

The Fcc Under Mark Fowler: A Mixed Bag, Henry Geller

UC Law SF Communications and Entertainment Journal

The FCC's performance under Chairman Mark Fowler (1981-87) calls for a mixed verdict, in the author's estimate. Fowler's reliance on competition, the marketplace, and deregulation, fit the common carrier area, but ill served the present public interest standard of the Communications Act in the broadcast field. This article assesses FCC activities in this period in the above two fields, and also in the cable television and spectrum areas.

The Federal Communications Commission 1981-1987: What The Chairman Said, Mark S. Fowler

UC Law SF Communications and Entertainment Journal

Speeches of Mark Fowler-Chairman of the Federal Communications Commission from 1981-1987-are edited and arranged according to subject matter. The speeches represent Fowler's vision for the FCC during his tenure. They may serve as a useful research tool for scholars and practitioners in the communications field.

West V. Mead Data Central: Has Copyright Protection Been Stretched Too Far, Thomas P. Higgins

UC Law SF Communications and Entertainment Journal

The Eighth Circuit recently held that Mead Data Central infringed West Publishing's copyright by using page numbers from West's case reporters in its computer-assisted legal research system, LEXIS. Mead Data Central intended to insert West's page numbers in its case database so that LEXIS users could have pinpoint citations to pages in West's case reporters. The author examines the opinion in detail, concluding that the court's decision stretched copyright protection too far. The author maintains that the unfortunate result of West Publishing Co. v. Mead Data Central should be changed through judicial action or legislative amendment to the Copyright Act. …

Philadelphia Newspapers V. Hepps: Unanswered Defamation Questions, John L. Diamond

UC Law SF Communications and Entertainment Journal

In this commentary, the author analyzes the United States Supreme Court's decision in Philadelphia Newspapers, Inc. v. Hepps. While recognizing the Court's narrow holding, this commentary focuses attention on the vital defamation questions left unanswered by the Hepps decision.

Artists' Rights: Should Maryland Grant Moral Rights?, Eric C. Schneider

University of Baltimore Law Review

Artists in the United States who sell their works without contractually reserving any rights in the same currently enjoy only limited rights under federal copyright laws to exercise continuing control over such works. The author assesses the shortcomings of copyright protection in comparison with the protection afforded artists' so-called "moral rights" by many foreign jurisdictions, in particular France and Germany. "Moral rights" legislation has been introduced unsuccessfully in the United States both on the federal level and before the Maryland General Assembly. The author examines the draftsmanship and constitutionality of the proposed Maryland legislation and advises its adoption with recommended …

Masthead - Cardozo Arts & Entertainment Law Journal, Vol. 6 (1987-88)

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 6, Iss. 1

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Antitrust And Regulation In Cable Television: Federal Policy At War With Itself, Glenn B. Manishin

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Do Cable Operators Want Free Speech Or A Free Market? Preferred Communications, Inc. V. City Of Los Angeles, Deborah Schmidt

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Some Unhurried Reflections On Copyright, Charles Mcc. Mathias Jr.

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Index

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Using Long Arm Principles To Expand Artists' Rights: Will It Work?, Cheryl Gross

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Equal Opportunity Doctrine: The Broadcast Executive Who Campaigns For Political Office Makes His Own Strange Bedfellow, Neil S. Meisel

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Cable Television's New Legal Universe: Early Judicial Response To The Cable Act, Michael I. Meyerson

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Old Franchises Never Die? Denying Renewal Under The First Amendment And The Cable Act, Joseph Van Eaton

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Below Market Loans: From Abuse To Misuses – A Sports Illustration, Phillip J. Closius, Douglas K. Chapman

All Faculty Scholarship

Below market loans have been traditionally used as substitutes for gifts, salaries, and dividends for the primary purpose of tax avoidance in the transfer of wealth. The Supreme Court's opinion in Dickman v. Commissioner subjected both demand and term loans in an intrafamilial setting to the federal gift tax. Congress, while subjecting all below market loans to either income or gift tax, applied different valuation formulas to term and demand loans and, in so doing, favored the use of demand loans as a salary substitute. This Article analyzes the current status of below market loans by examining their use in …

Adjudication Is Not Interpretation: Some Reservations About The Law-As-Literature Movement, Robin West

Georgetown Law Faculty Publications and Other Works

Among other achievements, the modern law-as-literature movement has prompted increasing numbers of legal scholars to embrace the claim that adjudication is interpretation, and more specifically, that constitutional adjudication is interpretation of the Constitution. That adjudication is interpretation -- that an adjudicative act is an interpretive act -- more than any other central commitment, unifies the otherwise diverse strands of the legal and constitutional theory of the late twentieth century.

In this article, I will argue in this article against both modern forms of interpretivism. The analogue of law to literature, on which much of modern interpretivism is based, although fruitful, …

Posner On Literature, L. H. Larue

Michigan Law Review

Judge Richard A. Posner has expanded the scope of his writing. We have previously known him as one of the leaders in law and economics. He is now moving into the field of law and literature. His offering is an article, Law and Literature: A Relation Reargued, which has been published in the Virginia Law Review.

As one might expect, he performs intelligently. Posner is well read in literature; he displays a genuine love for that which he has read; and he writes with wit and grace. In short, in law and literature, as in law and economics, Posner …

Twisted Sister, Washington Wives And The First Amendment: The Movement To Clamp Down On Rock Music, Seth Goodchild

University of Miami Entertainment & Sports Law Review

No abstract provided.

Violence In Athletics: A Judicial Approach, Steven Baicher-Mckee

University of Miami Entertainment & Sports Law Review

No abstract provided.

Of Sports, Agents, And Regulations - The Need For A Different Approach, Miriam Benitez

University of Miami Entertainment & Sports Law Review

No abstract provided.

Using Entertainment Law To Teach Legal Writing, Robert M. Jarvis

University of Miami Entertainment & Sports Law Review

No abstract provided.

Clark Memorandum: Fall 1986, J. Reuben Clark Law School, J. Reuben Clark Law Society

The Clark Memorandum

• George Sutherland Chair
• "A Good Man" (Francis R. Kirkham)
• Rex Lee Returns
• To Test or Not to Test (Ira Glasser, Michael Goldsmith)

Legal Modernism, David Luban

Michigan Law Review

What are the roots of Critical Legal Studies? "The immediate intellectual background . . . is the . . . achievement of early twentieth century modernism ... ," writes Roberto Unger in his CLS manifesto; he elaborates this modernist connection in his deep and subtle book Passion. Other CLS members also draw parallels between their endeavor and artistic modernism.

Obviously, CLS is first and foremost a movement of left-leaning legal scholars; it is also associated with distinctive theoretical claims about law. But it should be equally obvious that CLS involves sensibilities and affinities that are strikingly similar to those …