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Legislation Commons™

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2005

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Articles 121 - 150 of 266

Full-Text Articles in Legislation

Innovation Policy In Telecommunications: Revisiting The Successes Of Guglielmo Marconi, John M. Williamson Mar 2005

Innovation Policy In Telecommunications: Revisiting The Successes Of Guglielmo Marconi, John M. Williamson

Federal Communications Law Journal

Book Review: Signor Marconi's Magic Box: The Most Remarkable Invention of the 19th Century & the Amateur Inventor Whose Genius Sparked a Revolution, Gavin Weightman, Cambridge, Mass.: Da Capo Press, 2003, 312 pages.

A review of Gavin Weightman's Signor Marconi's Magic Box, Da Capo Press, 2003. An entertaining and informative biography of the inventor of applied wireless communications, this book also gives practical insight into the effect of patent policy on innovation. The Marconi story parallels the challenges faced by today's telecommunications innovators and offers a significant historical perspective relevant to present-day debates over the direction of innovation policy and …


The Contrasting Policies Of The Fcc And Ferc Regarding The Importance Of Open Transmission Networks In Downstream Competitive Markets, Harvey Reiter Mar 2005

The Contrasting Policies Of The Fcc And Ferc Regarding The Importance Of Open Transmission Networks In Downstream Competitive Markets, Harvey Reiter

Federal Communications Law Journal

The Federal Energy Regulatory Commission ("FERC") and the Federal Communications Commission ("FCC") have undergone a remarkable role reversal. After years of resistance to the very notion of competition in the electric and gas industries, FERC has, with considerable vigor and consistency spanning nearly two decades, promoted policies to open access both to gas pipeline and high voltage electric transmission networks to downstream competitors of the network owners. FERC has stated plainly and repeatedly that the underpinning of these policies is that open access is essential to the protection of competition in the sale of the largely deregulated services reliant upon …


Calling On The Legislature: Dixon V. State And Georgia's Statutory Scheme To Protect Minors From Sexual Exploitation, Jed D. Manton Mar 2005

Calling On The Legislature: Dixon V. State And Georgia's Statutory Scheme To Protect Minors From Sexual Exploitation, Jed D. Manton

Mercer Law Review

In Dixon v. State, the Georgia Supreme Court analyzed Georgia's statutory scheme to protect children from sexual exploitation. A jury convicted Marcus Dixon of statutory rape and aggravated child molestation, for which he received the mandatory minimum sentence of fifteen years to serve ten. The Georgia Supreme Court reversed Dixon's conviction for aggravated child molestation. As a result of the reversal, Dixon was released from prison because he had already served the requirements for his statutory rape conviction. The majority and concurring opinion urged the Legislature to clarify Georgia's statutes to expressly distinguish statutory rape from child molestation. The …


Convergence And Competition-At Last, Antoinette Cook Bush, John Beahn, Mick Tuesley Mar 2005

Convergence And Competition-At Last, Antoinette Cook Bush, John Beahn, Mick Tuesley

Federal Communications Law Journal

No abstract provided.


Four More Years... Of The Status Quo? How Simple Principles Can Lead Us Out Of The Regulatory Wilderness, Adam Thierer Mar 2005

Four More Years... Of The Status Quo? How Simple Principles Can Lead Us Out Of The Regulatory Wilderness, Adam Thierer

Federal Communications Law Journal

No abstract provided.


The Broadcast Flag: It's Not Just Tv, Wendy Seltzer Mar 2005

The Broadcast Flag: It's Not Just Tv, Wendy Seltzer

Federal Communications Law Journal

No abstract provided.


Time For Change On Media Cross-Ownership Regulation, John F. Sturm Mar 2005

Time For Change On Media Cross-Ownership Regulation, John F. Sturm

Federal Communications Law Journal

No abstract provided.


Recent Developments In Program Content Regulation, Richard E. Wiley, Lawrence W. Secrest Mar 2005

Recent Developments In Program Content Regulation, Richard E. Wiley, Lawrence W. Secrest

Federal Communications Law Journal

No abstract provided.


My Beef With Big Media: How Government Protects Big Media-And Shuts Out Upstarts Like Me., Ted Turner Mar 2005

My Beef With Big Media: How Government Protects Big Media-And Shuts Out Upstarts Like Me., Ted Turner

Federal Communications Law Journal

No abstract provided.


Communications Policy For The Next Four Years, Conrad Burns Mar 2005

Communications Policy For The Next Four Years, Conrad Burns

Federal Communications Law Journal

No abstract provided.


Universal Service: Problems, Solutions, And Responsive Policies, Allen S. Hammond Iv Mar 2005

Universal Service: Problems, Solutions, And Responsive Policies, Allen S. Hammond Iv

Federal Communications Law Journal

No abstract provided.


Broadcast Flags And The War Against Digital Television Piracy: A Solution Or Dilemma For The Digital Era?, Debra Kaplan Mar 2005

Broadcast Flags And The War Against Digital Television Piracy: A Solution Or Dilemma For The Digital Era?, Debra Kaplan

Federal Communications Law Journal

With the advent of digital TV, many homes in the U.S. are now on the cutting edge of what is likely to be a sea change in how this country watches TV. While these homes can now begin to enjoy the numerous benefits of the technology, regulators and industry experts are working to craft responses to problems, both actual and anticipated, that the technology creates. Mindful of the piracy issues that came with the popularity of digital file formats in the music industry, the FCC addressed piracy in the digital TV context by endorsing the use of "broadcast flags" on …


Why Nuclear Disarmament May Be Easier To Achieve Than An End To Partisan Conflict Over Judicial Appointments, David S. Law, Sanford Levinson Mar 2005

Why Nuclear Disarmament May Be Easier To Achieve Than An End To Partisan Conflict Over Judicial Appointments, David S. Law, Sanford Levinson

University of Richmond Law Review

No abstract provided.


Falsities On The Senate Floor, John Cornyn Mar 2005

Falsities On The Senate Floor, John Cornyn

University of Richmond Law Review

No abstract provided.


Divorce, Death, And Posthumous Qdros: When Is It Too Late For A Divorcee To Claim Pension Benefits Under Erisa?, Aaron Klein Mar 2005

Divorce, Death, And Posthumous Qdros: When Is It Too Late For A Divorcee To Claim Pension Benefits Under Erisa?, Aaron Klein

Cardozo Law Review

No abstract provided.


The Rhetorics Of Takings Cases: It's Mine V. Let's Share, Susan Ayres Mar 2005

The Rhetorics Of Takings Cases: It's Mine V. Let's Share, Susan Ayres

Nevada Law Journal

No abstract provided.


‘More Loophole Than Law’: A Case For The Repeal Of I.R.C. § 527, Mark E. Schlegel Feb 2005

‘More Loophole Than Law’: A Case For The Repeal Of I.R.C. § 527, Mark E. Schlegel

ExpressO

This note advocates the repeal of I.R.C. § 527, which provides a tax exemption for organizations involved in election-related activity. The groups which operated under § 527 in the 2004 election include the Swift Boat Veterans for Truth, MoveOn.org, and American Coming Together. The note discusses how § 527 escaped regulation under both the Federal Election Campaign Act of 1971 and the Bipartisan Campaign Reform Act of 2002 (popularly known as McCain-Feingold). It examines the political reasons why the Federal Election Commission has not attempted to reform § 527. As a result, 527 groups have acted largely without federal oversight …


Business And Professions / Protecting California's Abortion Clinic Workers From Harassment And Violence, Elizabeth J. Hall Jan 2005

Business And Professions / Protecting California's Abortion Clinic Workers From Harassment And Violence, Elizabeth J. Hall

McGeorge Law Review

No abstract provided.


Can Administrative Regulations Interpret Rights Enforceable Under Section 1983?: Why Chevron Deference Survives Sandoval And Gonzaga, Bradford Mank Jan 2005

Can Administrative Regulations Interpret Rights Enforceable Under Section 1983?: Why Chevron Deference Survives Sandoval And Gonzaga, Bradford Mank

Faculty Articles and Other Publications

There is a split in the circuits regarding whether and when agency regulations may establish rights enforceable through 42 U.S.C. Section 1983. In 1987, in Wright v. City of Roanoke, the Supreme Court held that a statute and regulations interpreting the statute could create enforceable rights under Section 1983, but left unclear to what extent it had relied on the regulations alone to reach this conclusion. The District of Columbia Circuit and Sixth Circuit have held that at least some valid federal regulations may create rights enforceable through Section 1983. Concluding that only Congress by enacting a statute may create …


Proposed Legislation On Short Term Time Off In The 108th Congress, Workplace Flexibility 2010, Georgetown University Law Center Jan 2005

Proposed Legislation On Short Term Time Off In The 108th Congress, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.


Legislation Proposed In The 108th Congress Relating To The Family And Medical Leave Act, Workplace Flexibility 2010, Georgetown University Law Center Jan 2005

Legislation Proposed In The 108th Congress Relating To The Family And Medical Leave Act, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.


Note: A Painful Catch-22: Why Tort Liability For Inadequate Pain Management Will Make For Bad Medicine, James R. Blaufuss Jan 2005

Note: A Painful Catch-22: Why Tort Liability For Inadequate Pain Management Will Make For Bad Medicine, James R. Blaufuss

William Mitchell Law Review

Part I of this note reviews current issues relating to pain treatment. Part II examines theoretical justifications of proposed tort liability for inadequate pain management. Part III examines how pain mismanagement does not fit within traditional notions of medical malpractice. Part IV studies the issues relating to a physician’s role as “gate-keeper” for opioids and suggests why tort liability could compromise this legislatively imposed role. Part V examines the issue of pain management in the context of end-of-life care. Part VI discusses current shifts in pain management philosophies and explains how these movements will effectuate the changes suggested by advocates …


Business And Professions / Chapter 354: A Little Tax Relief From The California Legislature, Christopher J. Conant Jan 2005

Business And Professions / Chapter 354: A Little Tax Relief From The California Legislature, Christopher J. Conant

McGeorge Law Review

No abstract provided.


Criminal / Sex Offenders: No More Escaping Registration, Jennifer L. Cecil Jan 2005

Criminal / Sex Offenders: No More Escaping Registration, Jennifer L. Cecil

McGeorge Law Review

No abstract provided.


Medical / Chapter 742: Paving The Way For "Alternative And Complementary Medicine" In California?, Eric Ritigstein Jan 2005

Medical / Chapter 742: Paving The Way For "Alternative And Complementary Medicine" In California?, Eric Ritigstein

McGeorge Law Review

No abstract provided.


Table Of Code Sections Affected, University Of The Pacific; Mcgeorge School Of Law Jan 2005

Table Of Code Sections Affected, University Of The Pacific; Mcgeorge School Of Law

McGeorge Law Review

No abstract provided.


Employment / Chapter 933 Sexual Harassment: Training And Education, Julia Blair Jan 2005

Employment / Chapter 933 Sexual Harassment: Training And Education, Julia Blair

McGeorge Law Review

No abstract provided.


Employment / Chapter 221: A Necessary But Incomplete Revision Of The Labor Code Private Attorneys General Act, Erich Shiners Jan 2005

Employment / Chapter 221: A Necessary But Incomplete Revision Of The Labor Code Private Attorneys General Act, Erich Shiners

McGeorge Law Review

No abstract provided.


Environmental Protection / Saving The Sierras: Is A Conservancy The Answer, Chelsea R. Olson Jan 2005

Environmental Protection / Saving The Sierras: Is A Conservancy The Answer, Chelsea R. Olson

McGeorge Law Review

No abstract provided.


Family / California Insurance Equality Act: Providing Equal Insurance Coverage To Domestic Partners, Meredith A. Felde Jan 2005

Family / California Insurance Equality Act: Providing Equal Insurance Coverage To Domestic Partners, Meredith A. Felde

McGeorge Law Review

No abstract provided.