Tag Archives: Issue 3

Media Policy and Free Speech: The First Amendment at War with Itself

A symposium on “reclaiming” the First Amendment for media policy begs the question from what and whom the First Amendment must be reclaimed. Who has it and what are they doing with it? Since we also gather to commemorate the … Continue reading

Posted in Articles | Tagged , , , | Leave a comment

THE CASE FOR FIRST AMENDMENT LIMITS ON COPYRIGHT LAW

Scholars have felled many trees arguing for First Amendment limits on copyright rights. Seminal articles by Melville B. Nimmer, Paul Goldstein, Lionel S. Sobel and Robert C. Denicola first wrestled with the tension between free speech and copyright in the … Continue reading

Posted in Articles | Tagged , , , | Leave a comment

Spectrum Set-Asides as Content-Neutral Metric: Creating a Practical Balance Between Media Access and Market Power

This Article explores the practicality and desirability of a public access system for digital broadcasters. While the repeal of the Fairness Doctrine and the Supreme Court’s decision in Miami Herald Publishing Co. v. Tornillo have put a damper on the … Continue reading

Posted in Articles | Tagged , , , | Leave a comment

A Right to Reach an Audience: An Approach to Intermediary Bias on the Internet

Some of the thorniest problems of communications law and policy were supposed to have been solved by the Internet. The issue of whocan speak, or access the means of speech, was said to have been solved by the arrival of … Continue reading

Posted in Articles | Tagged , , , | Leave a comment

The Independent Significance of the Press Clause Under Existing Law

It is a bleak fact of life that the overriding political focal point of this still-young century has been terrorist activity. For the United States, of course, the defining moment was 9/11. In many parts of the third world, terrorist … Continue reading

Posted in Articles | Tagged , , , | Leave a comment

Access to the Media-A Contemporary Appraisal

I want to thank Hofstra Law School and The Brennan Center for Justice for commemorating the fortieth anniversary of my article in the Harvard Law Review, Access to the Press—A New First Amendment Right, by this conference on “Reclaiming the … Continue reading

Posted in Articles | Tagged , , , | Leave a comment

The Case for Specially Compensating the Victims of Terrorist Acts: An Assessment

It is a bleak fact of life that the overriding political focal point of this still-young century has been terrorist activity. For the United States, of course, the defining moment was 9/11. In many parts of the third world, terrorist … Continue reading

Posted in Ideas | Tagged , , , | Leave a comment

The Public Policy Exception, “The Freedom of Speech, or of the Press,” and the Uniform Foreign-Country Money Judgments Recognition Act

The Uniform Foreign Money-Judgments Recognition Act (“1962 Act”) was drafted by the National Conference of Commissioners on Uniform State Laws (“N.C.C.U.S.L.”) in 1962. The drafters hoped that states would codify the 1962 Act’s rules, long applied by the majority of … Continue reading

Posted in Notes | Tagged , , , | Leave a comment

The Enhanced Arbitration Appeal Amendment: A Proposal to Save American Jurisprudence from Arbitration, Modeled on the English Arbitration Act of 1996

Arbitration, once relegated to commercial parties and disdained by the courts, has realized an expansive place in our adjudicatory regime. Even the local consumer who wishes to exterminate a termite infestation may find herself shunted to arbitration in a dispute … Continue reading

Posted in Notes | Tagged , , , | Leave a comment

Using The Supplementary Guidelines For The Mitigation Function Of Defense Teams In Death Penalty Cases To Change The Picture In Post-Conviction (PDF)

All murder cases are difficult to defend. But a murder case that has already resulted in (1) a conviction of capital murder, (2) a jury’s sentence of death, (3) a state supreme court’s conclusion that the jurors got it right, … Continue reading

Posted in Articles | Tagged , , , | Leave a comment