Entertainment, Arts, and Sports Law Commons^™

From Estes To Chandler: The Distinction Between Television And Newspaper Trial Coverage, David Tajgman

UC Law SF Communications and Entertainment Journal

No abstract provided.

Regulating Cable Television, Nicholas P. Miller, Alan Beals

UC Law SF Communications and Entertainment Journal

No abstract provided.

New Communications Technology: The Emerging Antitrust Agenda, Michael Botein

UC Law SF Communications and Entertainment Journal

No abstract provided.

Extension Of The Federal Communications Commission's Jurisdiction To The Television Networks, Lance S. Davidson

UC Law SF Communications and Entertainment Journal

The Federal Communications Commission's enabling statute, the Communications Act of 1934, provides no statutory authority for the regulation of the television networks. Nonetheless, with judicial approval, the FCC indirectly regulates the networks via its licensing authority over broadcast stations affiliated with the networks and has even promulgated rules by which it directly regulates the networks. This article reviews the case law focusing on the FCC's extension of its jurisdiction to the television networks and to cable television, which is similarly unreferenced in the Act. The article argues that the FCC should have consistent jurisdiction to regulate the cable and broadcast …

Communications Behind Bars: Are We Finally Applying The Reasonable Expectation Of Privacy Test To Custodial Conversations, Lynn Soodik

UC Law SF Communications and Entertainment Journal

This note examines the propriety of surreptitious and nonjudicially authorized electronic surveillance of suspects, pretrial detainees, and incarcerated persons during conversations with persons other than interrogating police officers. After discussing the rationale courts have used to deny prisoners protections in their conversations, this note analyzes the California appellate court decision of Robinson v. Superior Court, which held that conversations between spouses are protected by the United States and California Constitutions. Robinson was granted a hearing by the California Supreme Court on June 25, 1980. The author urges that Robinson be upheld, but argues that the decision should be based solely …

Libel Law In The Twenty-First Century: Defamation And The Electronic Newspaper, Stephen R. Hofer

UC Law SF Communications and Entertainment Journal

No abstract provided.

Stacked Competition And Phony Deregulation For At&(And)T: The Proposed Telecommunications Competition And Deregulation Act Of 1981, Louis B. Schwartz

UC Law SF Communications and Entertainment Journal

No abstract provided.

Violence In Professional Sports: A Proposal For Self-Regulation, Don Eugene-Nolan Gibson

UC Law SF Communications and Entertainment Journal

No abstract provided.

Updating The Communications Act: New Electronics, Old Economics, And The Demise Of The Public Interest, Peter J. Kokalis

UC Law SF Communications and Entertainment Journal

No abstract provided.

Cable Television, Government Regulation, And The First Amendment, Henry Goldberg, Robert W. Ross, Phillip L. Spector

UC Law SF Communications and Entertainment Journal

No abstract provided.

State Action Immunity And Antitrust Issues In Cable Television Franchising, Stephen D. Susman, Mark L. D. Wawro

UC Law SF Communications and Entertainment Journal

No abstract provided.

Municipal Ownership Of Cable Television: Some Issues And Problems, Michael J. Henderson

UC Law SF Communications and Entertainment Journal

No abstract provided.

Unauthorized Pay Television Reception Under Section 605 Of The Communications Act, Allen N. Dixon Iii

UC Law SF Communications and Entertainment Journal

No abstract provided.

The Equal Time And Fairness Doctrines: Outdated Or Crucial To American Politics In The 1980s, Howard Downs, Karen Karpen

UC Law SF Communications and Entertainment Journal

The Federal Communications Commission recently voted to urge congressional repeal of the equal opportunities and fairness doctrines. This article evaluates the arguments favoring repeal in light of the probable impact of the media on the political process in the 1980's. Instead of repeal of the doctrines, the authors advocate adoption of a "proportional time law," which would enable broadcasters to concentrate coverage on major political candidates, but also ensure some coverage of minor candidates.

The First Amendment And The Cable Television Operator: An Unprotective Shield Against Public Access Requirements, Michael I. Meyerson

UC Law SF Communications and Entertainment Journal

This article focuses on the question of whether state-imposed public access requirements violate the First Amendment rights of the cable television operator. The author rejects a traditional approach to this issue and suggests that the appropriate analysis asks whether the law abridges expression the First Amendment was meant to protect. That is, do cable access requirements abridge speech safeguarded by the First Amendment? The article demonstrates that such requirements do not hinder, but in fact further, fundamental First Amendment interests. Finally, the article shows that access requirements fulfill the standards of the constitutional tests for each classification into which they …

Child Pornography, The First Amendment, And The Media: The Constitutionality Of Super-Obscenity Laws, James W. Moore

UC Law SF Communications and Entertainment Journal

Child pornography statutes have been passed by Congress and most of the states. This note examines one such law, New York section 263.15, which has been declared unconstitutional by the New York Court of Appeals. The author contends that the law impinges on freedom of expression in ways unnecessary to achieve its purpose and should be declared unconstitutional.

Pirates Walk The Plank: The Unauthorized Interception Of Pay Telelvision Transmissions, John H. Works Jr.

UC Law SF Communications and Entertainment Journal

The purpose of this note is to discuss the unauthorized interception of subscription television transmissions and to explain how the Federal Communications Commission and the courts finally arrived at the conclusion that television piracy is illegal activity. Until recently, there has been very little litigation on this question, and the remedies available to the subscription television services. Subscription television companies have attempted to protect their signals either by scrambling them or by transmitting them over microwave frequencies. Pirates have sold equipment capable of either decoding scrambled signals or receiving microwave transmission. The author makes several recommendations on how the unauthorized …

Literature And Libel, Marc A. Franklin, Robert Trager

UC Law SF Communications and Entertainment Journal

This article explores cases in which publications that purport to be fiction have led to claims of defamation. It begins with an analysis of the common law, which shows the central importance of proving that the defamation was "of and concerning" the plaintiff. Next, the article considers the impact of recent constitutional developments in the area of nonfiction defamation. The authors argue that fiction is entitled to no more and no less constitutional protection than nonfiction publications. They thus reject absolute privilege on the one hand and strict liability on the other. Then then develop analogies to the Times-Gertz privilege …

The Regulatory Status Of Cable Television Leased Channels: Issues Of Common Carriage And Preemption, Nicholas P. Miller, W. Randolph Young, Robert H. Ruxin

UC Law SF Communications and Entertainment Journal

As cable television develops into a communications medium capable of providing a vast array of voice, data and television communications services, there is an increasing interest by local governments in requiring the cable operator to provide access to the cable system through leased channels. The article examines cable leased channels in terms of common carriage and the possible jurisdictional questions raised between the federal, state and local governments. Leased channel requirements can be implemented in such a way so as to impose a common carrier classification of not. Although common carrier obligations for leased channel services may be publicly beneficial, …

After Richmond Newspapers: A Public Right To Attend Civil Trials, Doug Gummerman

UC Law SF Communications and Entertainment Journal

In Richmond Newspapers, Inc. v. Virginia, the United States Supreme Court ruled that the public and press have a First Amendment right of access to criminal trials. The 1980 decision left many questions unanswered, however. Among them is whether the public's right to attend will someday be extended to include civil trials. This note analyzes the Richmond decision, examines the history of the public civil trial, and arrives at an answer to this question. The currently-recognized exceptions to the open civil trial are then examined, with particular attention paid to the various state statutes which authorize trial closure in certain …

The First Amendment And The Cable Television Operator: An Unprotective Shield Against Public Access Requirements, Michael I. Meyerson

All Faculty Scholarship

This article focuses on the question of whether state-imposed public access requirements violate the First Amendment rights of the cable television operator. The author suggests that the appropriate analysis asks whether the law abridges expression the First Amendment was meant to protect. In other words, do cable access requirements abridge speech safeguarded by the First Amendment? The article demonstrates that such requirements do not hinder, but in fact further, fundamental First Amendment interests. Finally, the article shows that access requirements fulfill the standards of the constitutional tests for each classification into which they could be placed.

The Past As Prelude: The Early Origins Of Modern American Sports Law, John Scanlan, Granville E. Cleveland Sr.

Articles by Maurer Faculty

No abstract provided.

Artists, Art Collectors And Income Tax, Alan L. Feld

Faculty Scholarship

The federal income tax law treats artists and art collectors differently. Similar transactions concerning artworks produce disparate income tax results, depending on whether they involve the artist or the collector. On balance, these results seem to favor the collector over the artist. But notwithstanding the dismay of some artists and their advocates, the differences in result flow, in the main, from the differences in the source of the taxpayer's investment in the work.

The collector buys the work with after-tax income. Any gain is properly treated as an investment return and is eligible for capital gain benefits.' The collector, however, …

Theatrical Motion Pictures And The Law: A Comprehensive Bibliography Of Law-Related Materials, Frank Houdek, James L. Gunderson

UC Law SF Communications and Entertainment Journal

No abstract provided.

Tort Law - Reckless Misconduct In Sports, David S. Horvitz

Duquesne Law Review

The United States Court of Appeals for the Tenth Circuit has allowed a professional athlete to recover for an injury caused during a game by the reckless misconduct of an opponent in violation of game rules and customs.

Hackbart v. Cincinnati Bengals, Inc., 601 F.2d 516 (10th Cir.), cert. denied, 444 U.S. 931 (1979).

Towards A Right Of Biography: Controlling Commercial Exploitation Of Personal History, Erik D. Lazar

UC Law SF Communications and Entertainment Journal

No abstract provided.

The New Copyright Law, Public Broadcasting, And The Public Interest: A Response To Public Broadcasting And The Compulsory License, Eric Smith, James F. Lightstone

UC Law SF Communications and Entertainment Journal

No abstract provided.

Peeking Behind Judicial Robes: A First Amendment Analysis Of Confidential Investigations Of The Judiciary, Cydney Ann Hurowitz

UC Law SF Communications and Entertainment Journal

No abstract provided.

Morseburg V. Baylon - The High Court Grants Royalty A Reprieve: Constitutional Challenges To The California Resale Royalties Act, Bob Jones

UC Law SF Communications and Entertainment Journal

No abstract provided.

Functional Works Of Art: Copyright, Design Patent, Or Both, Joan Paul

UC Law SF Communications and Entertainment Journal

No abstract provided.