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Entertainment, Arts, and Sports Law Commons

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University of California, Hastings College of the Law

1987

Articles 1 - 21 of 21

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

Congress And The Federal Communications Commission: The Continuing Contest For Power, Harry M. Shooshan Iii, Erwin G. Krasnow Jan 1987

Congress And The Federal Communications Commission: The Continuing Contest For Power, Harry M. Shooshan Iii, Erwin G. Krasnow

Hastings Communications and Entertainment Law Journal

This article discusses the changing relationship between Congress and the Federal Communications Commission. The authors suggest that the Commission's status as an independent agency has been eroded by the emergence of a new system of checks and balances imposed by Congress. The use of riders on appropriations bills and the enactment of statutory moratoriums have served to increase Congressional involvement in, and control over, Commission decision-making. After discussing specific examples of how these new tools of legislative oversight have affected major Commission decisions, the authors conclude that the challenge for the Commission in the future will be to learn ...


If It Ain't Broke, Don't Fix It, John R. Worthington Jan 1987

If It Ain't Broke, Don't Fix It, John R. Worthington

Hastings Communications and Entertainment Law Journal

The author argues that the Department of Justice and the divested Bell Operating Companies are trying to persuade the divestiture court to do directly what the Dole Bill tried to accomplish indirectly, namely, eliminate the provisions of the AT&T consent decree which restrict those companies from entering lines of business in which they could abuse their bottleneck power. The author suggests that the Department's recommendations to remove these restrictions are fundamentally flawed and completely unprincipled - and that, furthermore, recent history and present realities show that federal regulators cannot prevent the anti-competitive abuses which the decree was crafted to ...


Mfj: Judicial Overkill - Further Perspective And Response, Robert B. Mckenna, Ronald L. Slyter Jan 1987

Mfj: Judicial Overkill - Further Perspective And Response, Robert B. Mckenna, Ronald L. Slyter

Hastings Communications and Entertainment Law Journal

The authors postulated in Volume 9:1 of COMM/ENT that the line-ofbusiness restrictions imposed in the AT&T divestiture decree-which sharply limit the business activities in which the divested exchange carriers may operate-were based upon fundamentally flawed premises. In this rejoinder, the authors take issue with those who would oppose the rights of the regional holding companies to own non-telecommunications- related enterprises. The authors suggest that the regulators are fully capable of properly fulfilling their statutory tasks in areas where exchange carriers have market power, and that the United States Congress has the legislative and constitutional power to eliminate ...


Freeing The Telephone Company Seven: The Justice Department Joins The Chorus, James P. Denvir Jan 1987

Freeing The Telephone Company Seven: The Justice Department Joins The Chorus, James P. Denvir

Hastings Communications and Entertainment Law Journal

In January of this year, the Department of Justice submitted to the United States District Court for the District of Columbia its recommendations concerning the line-of-business restrictions contained in the consent decree which was entered in U.S. v. AT&T. The Department recommended that restrictions on information services and manufacturing be lifted entirely and that the inter-exchange service restrictions be modified. The author discusses the marked departure from earlier positions of the Justice Department that these recommendations represent. The rationale for the Justice Department's change in position, as well as anticipated difficulties the Department would likely encounter in ...


Cameras In The Courtroom: A First Amendment Right Of Access, Richard H. Frank Jan 1987

Cameras In The Courtroom: A First Amendment Right Of Access, Richard H. Frank

Hastings Communications and Entertainment Law Journal

In Westmoreland v. Columbia Broadcasting System, Inc., the U.S. Court of Appeals for the Second Circuit held that a per se ban on television access to a federal courtroom does not violate the first amendment to the U.S. Constitution. The author asserts that Westmoreland and two similar courts of appeal decisions upholding absolute prohibition of electronic access to judicial proceedings are indefensible under recent U.S. Supreme Court decisions such as Chandler v. Florida and the Richmond Newspapers, Inc. v. Virginia line of cases. The author details the widespread success of television access to courtrooms in over eighty ...


Constitutional Struggle Over Telecommunications Regulation, Rita M. Cain Jan 1987

Constitutional Struggle Over Telecommunications Regulation, Rita M. Cain

Hastings Communications and Entertainment Law Journal

For almost two decades, federal telecommunications regulators had preempted state telecommunications regulations based on the supremacy of federal policy. The federal courts consistently upheld this federal exercise of power. This article examines that trend and the recent Supreme Court decision that abruptly reversed the trend, Louisiana Public-Service Commission v. FCC. The immediate and substantial impact of that decision is examined and, in some cases, questioned.


West V. Mead Data Central: Has Copyright Protection Been Stretched Too Far, Thomas P. Higgins Jan 1987

West V. Mead Data Central: Has Copyright Protection Been Stretched Too Far, Thomas P. Higgins

Hastings Communications and Entertainment Law Journal

The Eighth Circuit recently held that Mead Data Central infringed West Publishing's copyright by using page numbers from West's case reporters in its computer-assisted legal research system, LEXIS. Mead Data Central intended to insert West's page numbers in its case database so that LEXIS users could have pinpoint citations to pages in West's case reporters. The author examines the opinion in detail, concluding that the court's decision stretched copyright protection too far. The author maintains that the unfortunate result of West Publishing Co. v. Mead Data Central should be changed through judicial action or legislative ...


California Art Preservation Act: Proving Actual Damages, Ronald T. Michioka Jan 1987

California Art Preservation Act: Proving Actual Damages, Ronald T. Michioka

Hastings Communications and Entertainment Law Journal

California became the first state in the nation to statutorily recognize the personal rights of artists in their creations when it enacted section 987 of the California Civil Code. The California Art Preservation Act prohibits the alteration of a work of fine art by anyone other than its creator. In addition to other remedies, an aggrieved artist may seek to recover "actual damages" for an unauthorized alteration of his or her

work. Addressing the difficulty of proving actual damages, this Note discusses the types of proof of actual damages which are allowed in other torts which protect a person's ...


United States Regulation Of Transborder Speech, Stephen R. Barnett Jan 1987

United States Regulation Of Transborder Speech, Stephen R. Barnett

Hastings Communications and Entertainment Law Journal

Regulation of transborder speech - speech flowing into or out of the country - is a relatively neglected subject that now appears to be attracting increased attention in American law. This article presents a survey and commentary on United States laws regulating transborder speech. Its many topics include ideological restrictions on visitors' visas, regulation of "political propaganda" distributed by foreign agents in the United States, government certification of "educational" films for dutyfree circulation abroad, and restrictions on the reception of television programming from foreign communications satellites for purposes of home viewing, university study, or retransmission by American news organizations. The author considers ...


Philadelphia Newspapers V. Hepps: Unanswered Defamation Questions, John L. Diamond Jan 1987

Philadelphia Newspapers V. Hepps: Unanswered Defamation Questions, John L. Diamond

Hastings Communications and Entertainment Law Journal

In this commentary, the author analyzes the United States Supreme Court's decision in Philadelphia Newspapers, Inc. v. Hepps. While recognizing the Court's narrow holding, this commentary focuses attention on the vital defamation questions left unanswered by the Hepps decision.


Introduction, Dennis Patrick Jan 1987

Introduction, Dennis Patrick

Hastings Communications and Entertainment Law Journal

No abstract provided.


Allocation Of Risk Based On The Mechanics Of Injury In Sports: A Proposed Presumption Of Non-Fault, Gerald J. Todaro Jan 1987

Allocation Of Risk Based On The Mechanics Of Injury In Sports: A Proposed Presumption Of Non-Fault, Gerald J. Todaro

Hastings Communications and Entertainment Law Journal

This article analyzes the interrelationship between sports safety measures and sports injury litigation. The author urges the courts to abandon the doctrine of assumption of the risk and proposes a presumption of non-fault to ensure that unavoidable injuries in sports are excluded from compensation. The evidentiary presumption is predicated on the assumption that some injuries are impervious to injury avoidance practices and techniques. Under the presumption, coaches and instructors who negligently create additional risk of injury for the athletic participant face liability.


The Fcc Under Mark Fowler: A Mixed Bag, Henry Geller Jan 1987

The Fcc Under Mark Fowler: A Mixed Bag, Henry Geller

Hastings Communications and Entertainment Law Journal

The FCC's performance under Chairman Mark Fowler (1981-87) calls for a mixed verdict, in the author's estimate. Fowler's reliance on competition, the marketplace, and deregulation, fit the common carrier area, but ill served the present public interest standard of the Communications Act in the broadcast field. This article assesses FCC activities in this period in the above two fields, and also in the cable television and spectrum areas.


Consistency Over Time: The Fcc's Indecency Rerun, L. A. Powe Jr. Jan 1987

Consistency Over Time: The Fcc's Indecency Rerun, L. A. Powe Jr.

Hastings Communications and Entertainment Law Journal

The FCC reinvigorated the decade-old Pacifica indecency standard in a trio of cases involving Howard Stern's popular radio talk show, songs aired on a college station, and a play about two gays dying of AIDS who discuss their sexual fantasies over the phone that was aired on Pacifica's Los Angeles station. The trio maintains a surprising consistency with past commission behavior. First, it is the direct result of politics and the need to give the Republican right a victory. Second, it reestablishes what the original Pacifica action was meant to cover. Finally, it is yet another example of ...


A Critique Of The Fowler Fcc's 1984-85 Multiple Ownership Rule, Herbert H. Howard Jan 1987

A Critique Of The Fowler Fcc's 1984-85 Multiple Ownership Rule, Herbert H. Howard

Hastings Communications and Entertainment Law Journal

In 1984-85, the Federal Communications Commission liberalized its rules governing multiple ownership of broadcast stations. Since then, television station ownership has undergone rapid change as stations and entire groups have become vehicles for quick capital gains by speculators. Elimination of the Commission's three-year holding rule, coupled with economic speculation and rising station values resulted in a marked increase in station trading and ownership instability. The author analyzes the Fowler Commission's multiple ownership rule and the elimination of the long held "anti-trafficking" policy and questions the wisdom of the latter in terms of industry instability.


Policy-Making At The Fowler Fcc: How Speeches Figured In, Daniel Brenner Jan 1987

Policy-Making At The Fowler Fcc: How Speeches Figured In, Daniel Brenner

Hastings Communications and Entertainment Law Journal

Part of the legacy of FCC Chairman Mark Fowler are the speeches in which he advocated his theory of deregulation. The author, Fowler's legal advisor and principal speech-writer, states his view of the Fowler chairmanship, indicating which speeches were intended, at least by those in office, to be the milestones of that period. He offers an appraisal of the successes and failures of the chairmanship. Additionally, he generalizes about the limits of the speech-making function at an administrative agency, given its responsibility to Congress.


Posadas De Puerto Rico V. Tourism Company Of Puerto Rico: The End Of The Beginning, P. Cameron Devore Jan 1987

Posadas De Puerto Rico V. Tourism Company Of Puerto Rico: The End Of The Beginning, P. Cameron Devore

Hastings Communications and Entertainment Law Journal

In a speech delivered in November 1987, the author analyzes developments in the commercial speech doctrine since the Supreme Court's 1986 decision in Posadas de Puerto Rico v. Tourism Company of Puerto Rico. The speech argues that Posadas is distinguishable on its unusual facts from other commercial speech cases, and is fundamentally inconsistent with the Supreme Court's seminal commercial speech decision in Central Hudson Gas & Electric v. Public Service Commission (1980). The author believes that a total ban on tobacco advertising would be impermissible under the first amendment, and not legitimized by Posadas. Finally, the speech reviews other ...


Visual Arts And The Law: A Bibliography, Part I, Gail I. Winson Jan 1987

Visual Arts And The Law: A Bibliography, Part I, Gail I. Winson

Hastings Communications and Entertainment Law Journal

No abstract provided.


The Federal Communications Commission 1981-1987: What The Chairman Said, Mark S. Fowler Jan 1987

The Federal Communications Commission 1981-1987: What The Chairman Said, Mark S. Fowler

Hastings Communications and Entertainment Law Journal

Speeches of Mark Fowler-Chairman of the Federal Communications Commission from 1981-1987-are edited and arranged according to subject matter. The speeches represent Fowler's vision for the FCC during his tenure. They may serve as a useful research tool for scholars and practitioners in the communications field.


Stone Got Caught Between A Rock And A Hard Place: Grand Juries' Power To Subpoena Outtakes That Reveal Confidential News Sources, Marty Kassman Jan 1987

Stone Got Caught Between A Rock And A Hard Place: Grand Juries' Power To Subpoena Outtakes That Reveal Confidential News Sources, Marty Kassman

Hastings Communications and Entertainment Law Journal

Detroit television journalist Bradley Stone had a brief stay in jail because he refused to provide a grand jury with a few seconds of videotape. The tape consisted of outtakes from Stone's report on violent teenage gangs. Stone claimed a first amendment right to withhold that tape from the grand jury, which was investigating the murder of a state trooper. This note explores whether there is, and whether there should be, first amendment protection of confidential news sources. The author analyzes the various opinions in the key Supreme Court case on the subject, Branzburg v. Hayes. The note traces ...


The Works Made For Hire Doctrine And The Employee/Independent Contractor Dichotomy: The Need For Congressional Clarification, Bennett J. Fidlow Jan 1987

The Works Made For Hire Doctrine And The Employee/Independent Contractor Dichotomy: The Need For Congressional Clarification, Bennett J. Fidlow

Hastings Communications and Entertainment Law Journal

The author examines the "works made for hire" doctrine and the confusion that has arisen in the federal courts over it. The author reviews the development of the doctrine and recent case law interpreting its codification in the 1976 Copyright Act. He concludes that, although the U.S. Supreme Court may render a decision on the doctrine, Congresional legislation would be the best course for its clarification.