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Full-Text Articles in Entertainment, Arts, and Sports Law

The Constitutionality Of Taking A Sports Franchise By Eminent Domain And The Need For Federal Legislation To Restrict Franchise Relocation, Thomas W. E. Joyce, Iii Jan 1985

The Constitutionality Of Taking A Sports Franchise By Eminent Domain And The Need For Federal Legislation To Restrict Franchise Relocation, Thomas W. E. Joyce, Iii

Fordham Urban Law Journal

In 1985, two cities were in proceedings to each take over a sports franchises located within their respective cities. However, a number of constitutional limitations may prevent a city from taking sports franchises. This Note examines the constitutional public use, just compensation,right to travel and commerce clause limitations as applied to the taking of sports franchises by eminent domain. This Note concludes that eminent domain is an improper method of protecting cities' interests in preventing the relocation of sports franchises. Consequently, it suggests that only carefully drawn federal legislation can protect a city's interest in keeping its sports ...


The Fairness Doctrine: Time For The Graveyard? Jan 1974

The Fairness Doctrine: Time For The Graveyard?

Fordham Urban Law Journal

The comments examines the rationale for the fairness doctrine, the obligations arising under it, and the FCC's administration of the doctrine. It further analyzes the judicial construction of the doctrine with emphasis on the doctrine's functional role and Constitutional ramifications. The fairness doctrine is part of a basic broadcast philosophy that mandates viewpoints on any controversial issue of public importance be fairly presented. It is partially codified by the FCC. However, after litigation, it seems clear to the courts that the fairness doctrine and the first amendment cannot share a peaceful coexistence. It may well be that the ...