I. INTRODUCTION: LAWS OF MISREPRESENTATION AND THE UNIQUE STATUS OF RADIO In explaining the limits of protection under the First Amendment, Supreme Court Justice Oliver Wendell Holmes once wrote: "The most stringent protection of free speech would...
I. INTRODUCTION The language of the Copyright Clause of the U.S. Constitution(1) and antitrust laws that prohibit monopolies and restraints of trade(2) may seem contradictory. While the Copyright Clause empowers Congress to grant monopolies to authors...
I. INTRODUCTION Statistics reveal that approximately sixty-four million adults in the United States use the Internet.(1) Studies also indicate that nearly two-thirds of children have used the Internet.(2) In addition to being a valuable tool to...
I. INTRODUCTION In April 1998, the Federal Trade Commission (FTC) released a consumer alert pertaining to the increasing problem of online auction fraud. The consumer alert notified prospective online auction users that fraud was becoming more prevalent...
I. INTRODUCTION Over sixty-six billion dollars were spent in 1997 on interstate and international long-distance telecommunications services.(1) MacAvoy and Taylor argue that, despite price decreases, this telecommunications market is characterized...
I. INTRODUCTION "[Section 706 of the 1996 Telecommunications Act] is an invitation to `grab the brass ring' of new technology and should not be used simply as an opportunity to pick the low level fruit."(1) Section 706 of the 1996 Telecommunications...
I. INTRODUCTION The mass consolidation of the radio industry is a result of two recent developments: the enactment of the Telecommunications Act of 1996 (Telecom Act)(1) and the use of the 1992 Merger Guidelines(2) by federal antitrust enforcement...
I. INTRODUCTION Valuing the rate base has always been a contentious part of utility regulation. Over the last one hundred years, the Supreme Court has endorsed both original cost and fair-market valuation. At other times, the Court has chosen not...