Legislation Commons^™

Progressivist Origins Of The 2003 California Gubernatorial Recall, Kira L. Klatchko

ExpressO

Progressivist Origins of the 2003 California Gubernatorial Recall, was written in Sacramento in the midst of the first statewide recall of an elected official in California. The paper explores the nature of the recall procedure and its implementation in the state, and is chiefly an inquiry into the relatedness of the current incarnation and its Progressivist root. It focuses particularly on the recall of Governor Gray Davis, and details how shifting attitudes towards public participation have altered the procedure over time.

Say Cheese: The Constitutionality Of State-Mandated Airtime On Public Broadcasting Stations In Wisconsin, Andrew D. Cotlar

Federal Communications Law Journal

Last year, the State of Wisconsin passed legislation which would require statechartered public broadcasting television networks to carry political advertising for candidates free of charge. In this article, Andrew Cotlar raises many concerns about the wisdom of such legislation and the impact this trend may have on public broadcasters throughout the nation. The author begins by analyzing the current position of the law on political access requirements, at both federal and state levels, and then argues that the public television stations should continue to be free to exercise substantial editorial discretion. The Article proceeds to critique the Wisconsin statute as …

Is Federal Preemption Efficient In Cellular Phone Regulation, Thomas W. Hazlett

Federal Communications Law Journal

While many recent state-level efforts to regulate various aspects of the cellular phone industry have been abandoned in favor of federal regulations, other attempts by state regulators still exist. For this reason, Thomas Hazlett proposes that federal regulation is generally more appropriate than state-level action, due to the nature of the cellular industry. After a brief history of the industry, the author analyzes the pros and cons associated with state and federal regulation. The Article then proceeds to address the efficiencies created by national networks and proposes that the fragmentation of controlling regulatory power would reduce these efficiencies. Following a …

Comparative Analysis Of Telecommunications Regulations: Pitfalls And Opportunities, Mary Newcomer Williams

Federal Communications Law Journal

Book Review: Controlling Market Power in Telecommunications: Antitrust vs. Sector-specific Regulation by Damien Geradin and Michel Kerf.

In this 2003 publication, the authors comprehensively review and analyze the telecommunications regulatory structure of five nations that have achieved some success in promoting competition in telecommunications markets. The authors engage in this analysis in order to evaluate the use of telecommunications sector-specific regulation versus more general, economywide antitrust regulation to accomplish specific goals related to promoting competition and efficiency in the provision of telecommunications services. This review describes the authors’ analysis and highlights its strengths and limitations. It also offers a few …

A Round "Peg" For A Round Hole: Advocating For The Town Of Oyster Bay's Public Access Channel Restrictions, Thomas Werner

Federal Communications Law Journal

New technological devices which allow consumers to skip commercials are driving corporations to engage in alternative advertising. The development of more “organic” methods of integrating products into the content of television programs makes those advertisements much more difficult to detect. As it becomes more difficult to divorce the product being sold from the content of the program, it also becomes more difficult to determine whether or not an advertisement actually exists. Without such blatant references, these programs would be likely candidates to appear on public access channels. This poses a severe threat to the service that those channels were intended …

Telric Vs. Universal Service: A Takings Violation?, Stuart Buck

Federal Communications Law Journal

While the Telecommunications Act of 1996 has had a profound positive impact on many sectors of the communications industry in the United States, local phone companies have recently faced a serious dilemma under a provision of the Act known as TELRIC. In this article, Stuart Buck presents a current analysis of the position of the telephone company and its struggle to meet costs under the TELRIC structure. The author argues that by forcing regional phone operators to grant wholesale pricing to competitors under TELRIC, while simultaneously maintaining Universal Service requirements of reduced-rate phone access to remote customers, the local phone …

Criminal Statutes Of Limitations: An Obstacle To The Prosecution And Punishment Of Child Sexual Abuse, Jodi Leibowitz

Cardozo Law Review

No abstract provided.

Brief Of Former Administrator Carol M. Browner Et Al., As Amici Curiae Supporting Respondents, South Florida Water Management Dist. V. Miccosukee Tribe Of Indians, No. 02-626 (U.S. Nov. 14, 2003), ., Richard J. Lazarus

U.S. Supreme Court Briefs

No abstract provided.

For And Against Marriage: A Revision., Anita Bernstein

Faculty Scholarship

No abstract provided.

Antitrust And Trade Regulation Law, Michael F. Urbanski, James R. Creekmore, Ellen S. Moore

University of Richmond Law Review

No abstract provided.

Health Care Law, Kathleen M. Mccauley

University of Richmond Law Review

No abstract provided.

Criminal Law, Marla Graff Decker, Stephen R. Mccullough

University of Richmond Law Review

No abstract provided.

Public Utility Law, B. Paige E. Holloway

University of Richmond Law Review

No abstract provided.

Legal Issues Involving Children, Robert E. Shepherd Jr.

University of Richmond Law Review

No abstract provided.

Taxation, Craig D. Bell

University of Richmond Law Review

No abstract provided.

Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

No abstract provided.

Real Estate Law, Brian R. Marron, Christopher M. Gill

University of Richmond Law Review

No abstract provided.

United States V. Bean: Shoveling After The Elephant?, Pannal A. Sanders

ExpressO

Thomas Bean’s felony conviction in Mexico implicated provisions of federal law that preclude certain persons, including specified felons, from owning or trading in firearms and ammunition which have been transported in interstate commerce. 18 USC Sec. 922. Affected persons can seek relief from the federal firearms disability by invoking procedures established in 18 USC Sec. 925(c) under the Dept of Treasury, Director of Alcohol, Tobacco and Firearms (“ATF”). Beginning in 1992, Congress has enacted provisions annually in the ATF’s appropriations laws that ban it from investigating or acting upon Sec. 925(c) applications from individuals. Section 925(c) contains provisions for judicial …

Secrets And Spies: Extraterritorial Application Of The Economic Espionage Act And The Trips Agreement, Robin Effron

Faculty Scholarship

No abstract provided.

The Need For Revisions To The Law Of Wiretapping And Interception Of Email, Robert A. Pikowsky

Michigan Telecommunications & Technology Law Review

I argue that a person's privacy interest in his email is the same as his privacy interest in a telephone conversation. Moreover, the privacy interest in email remains unchanged regardless of whether it is intercepted in transmission or covertly accessed from the recipient's mailbox. If one accepts this assumption, it follows that the level of protection against surveillance by law enforcement officers should be the same[...] As technology continues to blur the distinction between wire and electronic communication, it becomes apparent that a new methodology must be developed in order to provide logical and consistent protection to private communications. The …

Eldred's Aftermath: Tradition, The Copyright Clause, And The Constitutionalization Of Fair Use, Stephen M. Mcjohn

Michigan Telecommunications & Technology Law Review

Eldred v. Ashcroft offered the Supreme Court broad issues about the scope of Congress's constitutional power to legislate in the area of intellectual property. In 1998, Congress added twenty years to the term of all copyrights, both existing and future copyrights. But for this term extension, works created during the 1920s and 1930s would be entering the public domain. Now such works will remain under copyright until 2018 and beyond. Eldred v. Ashcroft rejected two challenges to the constitutionality of the copyright extension. The first challenge contended that Congress had exceeded its power to grant copyrights for "limited Times" in …

F03rs Sgb No. 6 (Pse Funds), Widener

Student Senate Enrolled Legislation

A Bill

To appropriate $2,223.00 dollars to the LSU Beta Xi Chapter of Pi Sigma Epsilon (PSE) to help defray the cost of hosting and sending 60 student delegates to the 2003 Pi Sigma Epsilon Southern Regional Fall Conference October 17^th -19^th in New Orleans, Louisiana.

F03rs Sgb No. 2 (Amend Bylaws), Chasse, Hebert

Student Senate Enrolled Legislation

A BILL

To remove the Housing Committee from the Student Senate Bylaws and replace it with a Campus Outreach Committee.

F03rs Sgr No. 7 (Cjd), Bradshaw, Hattaway

Student Senate Enrolled Legislation

A RESOLUTION

To express sincere and heartfelt condolences upon the untimely death of Corey James Domingue a native of Lafayette, Louisiana and a life long resident of Franklin, Louisiana

F03rs Sgb No. 8 (Amend Constitution), Hattaway, Watson

Student Senate Enrolled Legislation

A BILL

to amend Article VI, Section Four, Sub-Section Two of the LSU A&M Student Government Constitution to meet a changing election board and the method for which they are chosen.

F03rs Sgb No. 15 (Election Code), Hattaway, Hebert

Student Senate Enrolled Legislation

A BILL

To amend the Election Code so that the Newly Passed constitutional Amendment and the Election Code Coincide for the Spring 2004 Elections

F03rs Sgb No. 18 (Election Code), Griggs, Hebert

Student Senate Enrolled Legislation

A Bill

to amend the SG Election Code to allow for two (2) additional polling locations on the LSU A&M Campus

F03rs Sgb No. 17 (Election Code), Hattaway, Hebert

Student Senate Enrolled Legislation

A Bill

To amend the SG Election code to allow absentee voting at a location to be determined by the Commissioner of Elections

F03rs Sgb No. 9 (Model Un), Bowlin

Student Senate Enrolled Legislation

A BILL

TO APPROPRIATE ONE THOUSAND THREE HUNDRED TWENTY-EIGHT DOLLARS EIGHTY-EIGHT CENTS ( $1,328.88) TO THE MODEL UNITED NATIONS ORGANIZATION AT LSU TO HELP DEFRAY THE TRAVEL, LODGING, AND REGISTRATION COSTS TO ATTEND THE SOUTHERN REGIONAL MODEL UNITED NATIONS (SRMUN) XIV CONFERENCE IN ATLANTA, GA FROM NOVEMBER 20-23, 2003.

F03rs Sgb No. 14 (Sfoc), Staples, Griggs

Student Senate Enrolled Legislation

A BILL

to amend Article IX, Section 3 of the LSU A&M Student Government

Bylaws to restructure the Student Fee Oversight Committee.