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Articles 421 - 450 of 776
Full-Text Articles in Legislation
Principles For The Communications Act Of 2034: The Superstructure Of Infrastructure, Eli M. Noam
Principles For The Communications Act Of 2034: The Superstructure Of Infrastructure, Eli M. Noam
Federal Communications Law Journal
No abstract provided.
Second Chance, Newton N. Minow
Second Chance, Newton N. Minow
Federal Communications Law Journal
No abstract provided.
Reflections On The Sixtieth Anniversary Of The Communications Act, Carol Moseley-Braun
Reflections On The Sixtieth Anniversary Of The Communications Act, Carol Moseley-Braun
Federal Communications Law Journal
No abstract provided.
Independent Audits And Self-Regulation-Not Legislation-Is Best Answer To Tv Violence, Paul Simon
Independent Audits And Self-Regulation-Not Legislation-Is Best Answer To Tv Violence, Paul Simon
Federal Communications Law Journal
No abstract provided.
The New Realities Of The Communications Marketplace, Raymond W. Smith
The New Realities Of The Communications Marketplace, Raymond W. Smith
Federal Communications Law Journal
No abstract provided.
In The Battle Over Tv Violence, The Communications Act Should Be Cheered, Not Changed!, Carl R. Ramey
In The Battle Over Tv Violence, The Communications Act Should Be Cheered, Not Changed!, Carl R. Ramey
Federal Communications Law Journal
No abstract provided.
Republican Constitutional Skepticism And Congressional Reform, Thomas Molnar Fisher
Republican Constitutional Skepticism And Congressional Reform, Thomas Molnar Fisher
Indiana Law Journal
No abstract provided.
Fairness And The Public Trustee Concept: Time To Move On, Henry Geller
Fairness And The Public Trustee Concept: Time To Move On, Henry Geller
Federal Communications Law Journal
Symposium: The Transformation of Television News
Public Access: Fortifying The Electronic Soapbox, Jason Roberts
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 …
Legislative Intent Vs. Executive Non-Enforcement: A New Bounty Statute As A Solution To Executive Usurpation Of Congressional Power, George R. Rogers
Legislative Intent Vs. Executive Non-Enforcement: A New Bounty Statute As A Solution To Executive Usurpation Of Congressional Power, George R. Rogers
Indiana Law Journal
No abstract provided.
Checking The "Trigger-Happy" Congress: The Extraterritorial Extension Of Federal Employment Laws Requires Prudence, Derek G. Barella
Checking The "Trigger-Happy" Congress: The Extraterritorial Extension Of Federal Employment Laws Requires Prudence, Derek G. Barella
Indiana Law Journal
No abstract provided.
Newscasts As Property: Will Retransmission Consent Stimulate Production Of More Local Television News?, Lorna Veraldi
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 …
Fine Tuning The Federal Government's Role In Public Broadcasting, Howard A. White
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 …
The Integration Of Banking And Telecommunications: The Need For Regulatory Reform, Kalpak S. Gude
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 …
28 U.S.C. § 1658: A Limitation Period With Real Limitations, Kimberly Jade Norwood
28 U.S.C. § 1658: A Limitation Period With Real Limitations, Kimberly Jade Norwood
Indiana Law Journal
No abstract provided.
Abortion On The Air: Broadcasters And Indecent Political Advertising, Milagros Rivera-Sanchez, Paul H. Gates Jr.
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.
The Children's Hour Revisited: The Children's Television Act Of 1990, Diane Aden Hayes
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 …
The Right To Privacy And The Public's Right To Know: The "Central Purpose" Of The Freedom Of Information Act, Fred H. Cate, D. Annette Fields, James K. Mcbain
The Right To Privacy And The Public's Right To Know: The "Central Purpose" Of The Freedom Of Information Act, Fred H. Cate, D. Annette Fields, James K. Mcbain
Articles by Maurer Faculty
No abstract provided.
Fractured Procedure: The Civil Justice Reform Act Of 1990, Lauren K. Robel
Fractured Procedure: The Civil Justice Reform Act Of 1990, Lauren K. Robel
Articles by Maurer Faculty
Federal district courts have viewed the Civil Justice Reform Act of 1990 as a mandate to adopt procedural rules inconsistent with existing law. But in this article, Professor Robel argues that the Act neither compels nor authorizes such local deviations. Citing examples from reforms underway in district courts nationwide, Professor Robel contends that courts' assertions of broad rulemaking authority rest on a misreading of the Act and of the compromise between Congress and the judiciary that led to its passage. Professor Robel cautions that the goal of national uniformity underlying the Federal Rules of Civil Procedure should not be compromised …
Legitimation And Statutory Interpretation: Conquest, Consent, And Community In Federal Indian Law, David C. Williams
Legitimation And Statutory Interpretation: Conquest, Consent, And Community In Federal Indian Law, David C. Williams
Articles by Maurer Faculty
No abstract provided.
Shifting Foundations: The Regulation Of Telecommunications In An Era Of Change, Andrew C. Barrett
Shifting Foundations: The Regulation Of Telecommunications In An Era Of Change, Andrew C. Barrett
Federal Communications Law Journal
The recent developments in the telecommunications industry represent to many the birth of the multimedia world of the future that will make available new interactive services, computer and voice applications, and programming choices. The advancements with wireless technology may also make personal communications services (PCS) a major competitor with the local telephone industry. The ramifications of these developments will depend heavily on the regulatory directions that the government selects. The Author, as Commissioner of the FCC, begins his discussion by analyzing the recent business mergers and the motivations behind them. He then reviews the 1992 Cable Act, suggesting that while …
Cable Television Regulation: Promoting Competition In A Rapidly Changing World, Edward J. Markey
Cable Television Regulation: Promoting Competition In A Rapidly Changing World, Edward J. Markey
Federal Communications Law Journal
No abstract provided.
Cable Television Subscriber Equipment: Lessons From The Common Carrier Experience, David Alan Nall
Cable Television Subscriber Equipment: Lessons From The Common Carrier Experience, David Alan Nall
Federal Communications Law Journal
Perhaps the most significant changes resulting from the Cable Television Consumer Protection and Competition Act of 1992 will be those affecting equipment on subscriber's premises. The 1992 Cable Act differentiates cable equipment and cable services. The Author discusses the framework of the equipment provisions of the Cable Act, specifically regarding cable equipment rates, cable home wiring, and consumer electronics compatibility. He relates the history of the customer-premises (CPE) unbundling through the Computer II decision and post-Computer II developments, then proposes that the FCC could apply its CPE precedents to cable equipment.
The Cable-Telco Cross-Ownership Prohibition: First Amendment Infringement Through Obsolescence, Michael G. Oxley
The Cable-Telco Cross-Ownership Prohibition: First Amendment Infringement Through Obsolescence, Michael G. Oxley
Federal Communications Law Journal
Since 1970, the FCC has prohibited all telephone companies from providing video programming in their local service areas. The primary rationale behind this prohibition was to promote the cable industry. Since 1984, however, the cable industry has seen tremendous growth with very little competition. New technology and market demands have now necessitated a reevaluation of the ban on cable-telco cross-ownership. The Author argues that with the changes that have occurred in the marketplace, the ban is now both an invalid prior restraint and an infringement on commercial expression and thus a violation of the First Amendment rights of telephone companies. …
The Cable Act And Municipal Ownership: A Growing First Amendment Confrontation, Carl R. Ramey
The Cable Act And Municipal Ownership: A Growing First Amendment Confrontation, Carl R. Ramey
Federal Communications Law Journal
In many communities across the nation cable subscribers depend on government-owned cable television systems for their communication services. This phenomenon may have started out to be fairly insignificant, but as a result of the cable explosion, government ownership of cable systems presents a threat to free expression. Governmental overbuilding and direct competition with private cable service providers have been the subject of unsuccessful First Amendment challenges. The threat of government control of cable systems, though, is potentially dramatic and poses serious First Amendment questions. The Author concludes that private ownership should be encouraged, and public ownership should only be allowed …
Article Digest
Federal Communications Law Journal
In many communities across the nation cable subscribers depend on government-owned cable television systems for their communication services. This phenomenon may have started out to be fairly insignificant, but as a result of the cable explosion, government ownership of cable systems presents a threat to free expression. Governmental overbuilding and direct competition with private cable service providers have been the subject of unsuccessful First Amendment challenges. The threat of government control of cable systems, though, is potentially dramatic and poses serious First Amendment questions. The Author concludes that private ownership should be encouraged, and public ownership should only be allowed …
The Television Violence Act Of 1990: A New Program For Government Censorship?, Julia W. Schlegel
The Television Violence Act Of 1990: A New Program For Government Censorship?, Julia W. Schlegel
Federal Communications Law Journal
The Television Violence Act of 1990 is designed to encourage the networks, the cable industry, and independent stations to reduce the amount of violence currently shown on television. To accomplish this goal, the Act grants a three-year antitrust exemption to the television industry so that it may meet and develop joint standards aimed at reducing the amount of violence currently shown on television. The Act's sponsor, Senator Paul Simon, emphasized that the Act simply encouraged the broadcast industry to set standards; it did not require them to do so. However, in December 1992, when the television industry had still not …
Law-Making Responsibility And Statutory Interpretation, William D. Popkin
Law-Making Responsibility And Statutory Interpretation, William D. Popkin
Indiana Law Journal
No abstract provided.
Informal Methods Of Judicial Discipline, Charles G. Geyh
Informal Methods Of Judicial Discipline, Charles G. Geyh
Articles by Maurer Faculty
No abstract provided.
Adverse Publicity As A Means Of Reducing Judicial Decision-Making Delay: Periodic Disclosure Of Pending Motions, Bench Trials And Cases Under The Civil Justice Reform Act, Charles G. Geyh
Articles by Maurer Faculty
No abstract provided.