Communications Law Commons^™

The "Hot News" Misappropriation Doctrine, The Crumbling Newspaper Industry, And Fair Use As Friend And Foe: What Is Necessary To Preserve "Hot News"?, Jeena Moon

Cardozo Arts & Entertainment Law Journal

No abstract provided.

He's So Gay ... Not That There's Anything Wrong With That: Using A Community Standard To Homogenize The Measure Of Reputational Damage In Homosexual Defamation Cases, Abigail A. Rury

Cardozo Journal of Equal Rights & Social Justice

The note examines the role of the community standard in determining defamation, particularly in cases involving false claims of homosexuality. It argues that the current application of the community standard often lacks clarity and may reflect judicial biases, leading to inconsistent rulings. The note proposes reforms to enhance the accuracy and transparency of defamation analysis by adopting a contemporary community standard, similar to that used in obscenity law, which considers specific geographic and social contexts.

Music Lessons: What Adam Lambert Can Teach Us About Media Self-Regulation, Maria Matasar-Padilla

Cardozo Arts & Entertainment Law Journal

No abstract provided.

How New Ftc Guidelines On Endorsement And Testimonials Will Affect Traditional And New Media, Jason Goldstein

Cardozo Arts & Entertainment Law Journal

No abstract provided.

One Web To Unite Us All: Bridging The Digital Divide, Brooke Menschel

Cardozo Arts & Entertainment Law Journal

No abstract provided.

American Library Association, Bradburn, And The Movement To Censor The Internet, Olivia J. Greer

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Substantially Perfect: The Southern District Of New York's Problematic Rewrite Of The Dmca's Elements Of Notification, Jeremy A. Schachter

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Comcast/Nbcu: The Fcc Provides A Roadmap For Vertical Merger Analysis, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

The FCC’s analysis of the Comcast-NBCU transaction fills a gap in the contemporary treatment of vertical mergers by providing a roadmap for courts and litigants addressing the possibility of anticompetitive exclusion. The FCC identified the factors any judicial or administrative tribunal would likely consider today in analyzing whether a vertical merger would lead to anticompetitive input or customer foreclosure, and a range of economic methods potentially relevant to applying that template to the facts of a transaction. Notwithstanding the difference between administrative adjudication under a public interest standard and judicial decision-making under the Clayton Act, the legal framework and economic …

Innovation, Entrepreneurship, And The Information Age, Philip J. Weiser

Publications

This Essay makes the case for antitrust enforcement as a critical part of innovation policy and catalyzing entrepreneurship. It begins by explaining how innovation and entrepreneurship are drivers of economic growth and pillars of any effective economic strategy. With respect to antitrust enforcement and competition policy, it highlights the role that antitrust can play in opening up markets and addressing bottleneck monopolies, such as those at issue in the Microsoft and AT&T cases. It also explains that the most nettlesome challenge of such enforcement is devising appropriate and effective remedies, suggesting a few strategies to address that challenge.

Baum Lecture 2010, Lee C. Bollinger

Faculty Scholarship

As part of the Baum Lecture Series at the University of Illinois College of Law, Columbia University President Lee C. Bollinger delivered a lecture on September 14, 2010, on the essential role of a global free press in providing the information needed to understand the many problematic issues we face as a result of globalization. In this presentation, President Bollinger addressed the challenges of maintaining high-quality institutions of American journalism with an international reporting capacity in the face of rapidly changing market forces. He further discussed America’s interest in seeing the rise of a free and independent press in nations …

Internet Access Rights: A Brief History And Intellectual Origins, Jonathon Penney

Articles, Book Chapters, & Popular Press

If there is anything we have learned from recent protest movements around the world, and the heavy-handed government efforts to block, censor, suspend, and manipulate Internet connectivity, it is that access to the Internet, and its content, is anything but certain, especially when governments feel threatened. Despite these hard truths, the notion that people have a "right" to Internet access gained high-profile international recognition last year. In a report to the United Nations General Assembly in early 2011, Frank La Rue, the UN Special Rapporteur on Freedom of Expression, held that Internet access should be recognized as a "human right". …

Government Speech And Online Forums: First Amendment Limitations On Moderating Public Discourse On Government Websites, David S. Ardia

BYU Law Review

No abstract provided.

Technology: How To Stay Out Of Court, Erin Jozwiak, Heather Thomas, Jackie Pillow, George Taylor Ii

Parameters of Law in Student Affairs and Higher Education (CNS 670)

It is hard to believe that over a century ago business professionals, educators, high school and college students were writing letters with a pen and ink, making telephone calls on a land line phone, and physically making home visits to family and friends. In today’s society, texting has replaced phone calls, picture and video messaging has replaced face to face conversation, emails has replaced letter writing and social networking is changing the face of how electronic communication is viewed along and administered.

Electronic communication has led the way in this new millennium of communication and because technology is changing so …

The Challenge Of Developing Effective Public Policy On The Use Of Social Media By Youth, John Palfrey

Federal Communications Law Journal

Symposium: Essays from Time Warner Cable's Research Program on Digital Communications.

Revisiting The Regulatory Status Of Broadband Internet Access: A Policy Framework For Net Neutrality And An Open Competitive Internet, Lee L. Selwyn, Helen E. Golding

Federal Communications Law Journal

A decade of broadband access deregulation has landed the FCC at a legal deadend. After the D.C. Circuit's Comcast decision, the FCC finds itself unable to enforce its "net neutrality" goals. To reassert its jurisdiction over "net neutrality," the FCC proposes to reclassify broadband Internet access as a Title II "telecommunications service" while continuing to forbear from most other facets of common carrier regulation. The FCC's current dilemma results from an unfortunate combination of unverified predictive judgments associating deregulation with investment; overly optimistic assessments of competition in the consumer broadband market; the abandonment of the "bright line" between transmission and …

Editor's Note, Ann E. O'Connor

Federal Communications Law Journal

No abstract provided.

Introduction To Essays On The Future Of Digital Communications, Ferando R. Laguarda

Federal Communications Law Journal

Symposium: The Future of Digital Communications: Essays from Time Warner Cable's Research Program on Digital Communications.

The Challenge Of Increasing Civic Engagement In The Digital Age, Nicol Turner-Lee

Federal Communications Law Journal

Symposium: Essays from Time Warner Cable's Research Program on Digital Communications.

The Future Of Digital Communications Research And Policy, Scott Wallsten

Federal Communications Law Journal

Symposium: Essays from Time Warner Cable's Research Program on Digital Communications.

The Changing Patterns Of Internet Usage, Christopher S. Yoo

Federal Communications Law Journal

Symposium: Essays from Time Warner Cable's Research Program on Digital Communications.