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Federal Communications Law Journal

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The politics of competition: review of Clifford Winston's 'Government Failure Versus Market Failure: Microeconomics Policy Resea
I. INTRODUCTION II. THE BOOKS A. Government Failure B. Creating Competitive Markets III. AN ASSESSMENT A. Perils B. Promise IV. CONCLUSION I. INTRODUCTION For a quarter . . .

The newest way to screen job applicants: a social networker's nightmare.
I. SOCIAL NETWORKING: THINK TWICE A. Social Networks and Their Dangers 1. The Messages Social Networkers Communicate 2. Employers Are Discovering Their Options B. . . .

When the flock ignores the shepherd - corralling the undisclosed use of video news releases.
I. INTRODUCTION II. HISTORY OF VIDEO NEWS RELEASES A. Video News Releases--A Boon to Advertisers and Broadcasters Alike B. "Fake News" and the Bush Administration C. The . . .

Performing art: National Endowment for the Arts v. Finley.
Karen Finley claims to be an artist. A performance artist. Not everyone agrees. Finley's art is who she is. She grew up in a Chicago suburb and was educated at the San Francisco Art Institute. . . .

The terrorist is a star! Regulating media coverage of publicity-seeking crimes.
I. PREFACE II. INTRODUCTION III. THE PROBLEM OF MEDIA COVERAGE OF PUBLICITY-SEEKING CRIMES A. Intimidation B. Imitation C. Immunization D. Imperilization . . .

Antitrust language barriers: First Amendment constraints on defining an antitrust market by a broadcast's language, and its impl
I. INTRODUCTION II. THE COMMERCIAL SPEECH DOCTRINE AND LOWER LEVELS OF SCRUTINY USED FOR STRUCTURAL BROADCAST REGULATIONS DO NOT GOVERN ANTITRUST MARKET DEFINITION ANALYSIS A. . . .

Editor's note.
Welcome to Volume 60, Issue 3, of the Federal Communications Law Journal, the official journal of the Federal Communications Bar Association, and the nation's oldest and largest . . .

Mass Media Unleashed: How Washington Policymakers Shortchanged the American Public.(Book review)
The book treats two policies: the public trustee policy and the deregulatory market policy, which was introduced in 1980 and has now reached full fruition. The former is based on the consideration . . .

Reassessing Turner and litigating the must-carry law beyond a facial challenge.
I. INTRODUCTION II. MUST-CARRY'S PURPOSE A. Cable Becomes a Threat to Broadcasting B. FCC. Attempts to Protect Local Broadcasting from Cable C. Objections to the Must-Carry Provisions . . .

Skating toward deregulation: Canadian developments.
I. INTRODUCTION II. THE CRTC FORBEARANCE PROCEEDINGS A. Local Telephone Service B. VoIP Forbearance III. THE PARTIES A. Industry Participants B. Telecommunications Policy . . .

Direct marketing, mobile phones, and consumer privacy: ensuring adequate disclosure and consent mechanisms for emerging mobile a
I. INTRODUCTION II. MOBILE COMMERCE AND MOBILE ADVERTISING III. M-ADVERTISING RAISES PRIVACY CONCERNS FOR CONSUMERS IV. PRIVACY REGULATION AND MOBILE ADVERTISING V. FEDERAL PRIVACY . . .

The Colonel's finest campaign: Robert R. McCormick and Near v. Minnesota.
I. NEAR V. MINNESOTA: BACKGROUND II. INCORPORATION: THE NECESSARY PRECONDITION III. COL. MCCORMICK TAKES CHARGE OF NEAR IV. BEFORE THE SUPREME COURT V. THE DECISION VI. THE AFTERMATH . . .

The two-step evidentiary and causation quandary for medium-specific laws targeting sexual and violent content: first proving har
I. INTRODUCTION II. PROVING REMEDY AND REDRESS OF SPEECH-CAUSED HARM THROUGH CENSORSHIP: CAUGHT BETWEEN UNDERINCLUSIVE REMEDIES AND OVERBROAD LAWS III. THE BROADER PROBLEM OF PROVING . . .

Summing up the public interest: a review of "media diversity and localism: meaning and metrics," edited by Philip M. Napoli.
"Not everything that can be counted counts, and not everything that counts can be counted." -Albert Einstein It has been more than ten years since Congress required the Federal Communications . . .

Rethinking the communications decency act: eliminating statutory protections of discriminatory housing advertisements on the Int
I. INTRODUCTION II. THE COMMUNICATIONS DECENCY ACT A. Pre-CDA B. CDA as Congressional Response C. The CDA and the Internet III. THE FAIR HOUSING ACT IV. CRAIGSLIST A. . . .

Deal or no deal: reinterpreting the FCC's foreign ownership rules for a fair game.
I. INTRODUCTION II. REGULATING FOREIGN OWNERSHIP OF BROADCAST LICENSES A. Background: The National Security Concern B. Fall of the National Security Concern and Rise of the Public . . .

In the dark: a consumer perspective on FCC broadcast indecency denials.
I. INTRODUCTION II. INDECENCY DETERMINATION PROCEDURES A. How the FCC Determines Indecency B. The Broadcast Decency Enforcement Act C. The Complaint Process II. ANALYSIS OF THE . . .

Space, the final frontier--expanding FCC regulation of indecent content onto direct broadcast satellite.
I. INTRODUCTION II. CONTENT REGULATION AND CALLS FOR EXPANSION A. Pressure to Extend Broadcast Indecency Regulation to Cable and DBS. B. Current Content Regulation C. The . . .

Expansion of indecency regulation: presented by the federalist society's telecommunications practice group.(Discussion)
JUDGE SENTELLE: I've been alerted that we may start. There will be just a very little introduction, so you'll know you're in the right place. This is the Telecom panel. We will be dealing with the . . .

Editor' s note.
Welcome to Volume 60 of the Federal Communications Law Journal, the nation's premier journal in communications law and the official journal of the Federal Communications Bar Association. Issue 1 . . .

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