California Western School of Law

Grinvalsky, Paul M.

English

Idea-Expression in Musical Analysis and the Role of the Intended Audience in Music Copyright Infringement

Romaker, John L.

Prieto, Virgil B.

Expectations Lost: Bank of the West v. Superior Court Places the Fox in Charge of the Henhouse

Allard, Nicholas W.

Lauerhass, Theresa

Debalkanize the Telecommunications Marketplace

Menefee, Samuel Pyeatt

The Oar of Odysseus : Landlocked and  Geographically Disadvantaged  States in Historical Perspective

Etter, Terry L.

Rhodes, Rick D.

Determining Lowest Unit Charge: Good LUC!

Library, California Western

California Western Law Review 
Volume 29 Number 1 Article 13 
1992 
Books Received 
California Western Library 
Follow this and additional works at: https://scholarlycommons.law.cwsl.edu/cwlr 
Recommended Citation 
Library, California Western (1992) "Books Received," California Western Law Review: Vol. 29 : No. 1 , 
Article 13. 
Available at: https://scholarlycommons.law.cwsl.edu/cwlr/vol29/iss1/13 
This Prefatory Matter is brought to you for free and open access by CWSL Scholarly Commons. It has been 
accepted for inclusion in California Western Law Review by an authorized editor of CWSL Scholarly Commons. For 
more information, please contact alm@cwsl.edu. 
BOOKS RECEIVED
BAD GuYs AND GOOD GuYs: MORAL POLARIZATION AND CRIME. By
Daniel S. Claster. Westport, Connecticut: Greenwood Press, 1992.
Hardcover, 302 pages. $45.00.
DEATH BENEFIT: A LAWYER UNCOVERS A TWENTY-YEAR PATTERN OF
SEDUCTION, ARSON, AND MURDER. By David Hellbroner. New York:
Harmony Books, 1993. Paperback, 352 pages. No price given.
DOMESTIC MARIJUANA: A NEGLECTED INDUSTRY. By Ralph A. Weisheit.
Westport, Connecticut: Greenwood Press, 1992. Hardcover, 188 pages.
No price given.
How TO AVOID CALIFORNIA PROBATE AND ESTATE TAXEs. By Ian
McPhail. Prima Publishing: Rocklin, California, 1992. Paperback, 186
pages. $16.95.
INTERDISCIPLINARY PERSPECTIVES IN CHILD ABUSE AND NEGLECT. Edited
by Faye F. Untalan and Crystal S. Mills. New York, New York:
Praeger Publishers, 1992. Hardcover, 192 pages. $47.95.
LIBERTY, JUSTICE, AND EQUALITY: HOW THESE CONSTITUTIONAL
GUARANTEES HAVE BEEN SHAPED BY UNITED STATES SUPREME COURT
DECISIONS SINCE 1789. By James E. Leahy. Jefferson, North Carolina:
McFarland & Company, Inc., 1992. Hardcover, 205 pages. $28.50.
THE MORAL FOUNDATIONS OF UNITED STATES CONSTITUTIONAL
DEMOCRACY. By James H. Rutherford. Pittsburgh, Pennsylvania:
Dorrance Publishing Co., Inc., 1992. Paperback, 49 pages. $5.00.
THE 21ST CENTURY CONSTITUTION. By Barry Krusch. New York, New
York: Stanhope Press, 1992. Paperback, 300 pages. No price given.
1
Library: Books Received
Published by CWSL Scholarly Commons, 1992
2California Western Law Review, Vol. 29 [1992], No. 1, Art. 13
https://scholarlycommons.law.cwsl.edu/cwlr/vol29/iss1/13


Books Received

Leibler, Anthony

Deliberate Wartime Environmental Damage: New Challenges for International Law

Magid, Ken

Wolas v. Union Bank: When Should Interest Payments on Long Term Loans Qualify as  Ordinary Course of Business  Exceptions to Preferential Transfers

Hilliard, Carl B.

California Western Law Review 
Volume 28 
Number 2 Annual Communications Law Issue Article 2 
1992 
Introduction 
Carl B. Hilliard 
Follow this and additional works at: https://scholarlycommons.law.cwsl.edu/cwlr 
Recommended Citation 
Hilliard, Carl B. (1992) "Introduction," California Western Law Review: Vol. 28 : No. 2 , Article 2. 
Available at: https://scholarlycommons.law.cwsl.edu/cwlr/vol28/iss2/2 
This Article is brought to you for free and open access by CWSL Scholarly Commons. It has been accepted for 
inclusion in California Western Law Review by an authorized editor of CWSL Scholarly Commons. For more 
information, please contact alm@cwsl.edu. 
CALIFORNIA WESTERN
LAW REVIEW
VOLUME 28 1991-1992 NUMBER 2
ANNUAL COMMUNICATIONS LAW ISSUE
INTRODUCTION
CARL B. HILLIARD*
The use of increasingly strained legal models to regulate the explosion
of new services in a rapidly changing market is the subject of this issue of
the Law Review. Changing and merging technology is driving the
telecommunications industry into the information services sector of the
economy where there is more competition and less regulation. The
technological differences that permitted easy classification of communications
services have long since worn away.
In Debalkanize the Telecommunications Marketplace, Nicholas Allard
and Theresa Lauerhass describe the different, inconsistent, and contradictory
rules applied to regulate services using different types of delivery systems to
provide programming to the home video market. At the heart of the problem
is the slavish effort of Congress, courts, and commissions to codify the rules
for new delivery systems in terms of technology instead of the nature of the
service provided. The authors argue that the use of legally demarcated
technical boundaries to define communications services creates unintended
barriers to the deployment of new, different, or alternative technologies.
They propose the adoption of "technology-neutral" laws to regulate such
services and suggest that general classifications will permit the marketplace
to function at its optimum level with as little government intrusion as
possible.
Collocation and Telecommunications Policy: A Fostering of Competition
on the Merits? by Alexander Larson and Douglas Mudd concerns the
political and ideological struggle over the further expansion of competition
in the provision of telephone service. The carriage of a long distance
telephone call to and from the point of connection with a long distance
company is termed "access service." Access service is generally provided
by local telephone companies, although some competition is being felt from
"Competitive Access Providers," or "CAPs." CAPs install fiber lines which
* AssOCIATE PROFESSOR OF LAW, CALIFORNIA WESTERN SCHOOL OF LAW (ON LEAVE).
1
Hilliard: Introduction
Published by CWSL Scholarly Commons, 1991
CALIFORNIA WESTERN LAW REVIEW
directly connect large corporations to long distance carriers. The focus of
this article is a proposal under consideration by the FCC which would
require local telephone companies to connect their facilities to CAPs. Such
connection would allow the CAPs to use the local telephone company
network and effectively compete in the access service market. The authors
argue that this market is more apt to be a natural monopoly than a competi-
tive one. Recognizing, however, that the general direction of the FCC's
policy is towards liberalized entry, the writers posit a scenario in which
CAPS are permitted to interconnect but the local telephone companies are
unable to compete because of artificial price distortions created by universal
service requirements and rate making policies. AT&T's experience with the
Telpak tariffs demonstrates that this scenario is no idle worry. The authors
conclude that true competition will only be realized if connection charges to
the CAPs are high enough to prevent creamskimming or, in the alternative,
the local telephone companies are permitted to reduce rates to meet the
competition.
Terry Etter and Rick Rhodes explain the arcane ways of political
broadcast advertising in Determining Lowest Unit Charges: Good LUC! The
discussion centers on the new rules adopted by the FCC at the end of 1991.
These rules were adopted in the wake of a surprise audit which revealed non-
compliance with the Federal Elections Campaign Act's requirement that
candidates for political office be charged no more for advertising than the
broadcaster's lowest rate for comparable times. The authors contend that the
non-compliance was attributable to the dramatic increase in the complexities
of calculating variable advertising rates during the 1980s, coupled with
laissez-faire regulatory policy which left the broadcasters with considerable
latitude to determine which rates were applicable. The authors conclude that
the new guidelines are a fair resolution of a complex problem.
Marcellus Snow's Trade in Information Services in Asia, ASEAN, and
the Pacific: Conceptual Issues and Policy Examples examines the globaliza-
tion of the service economy and the roles of various international organiza-
tions in regulating trade in information services. The author participated in
a far reaching study of the economic relations between the United States and
the seven ASEAN countries. This article contains an overview of the portion
of that study which relates to the trade in services. The author concludes
that "liberalized trade in services is a vital factor in sustaining economic
growth" for developed and developing countries alike.
The Supreme Court's reluctance to determine the First Amendment status
of cable television in City of Los Angeles v. Preferred Communications, has
resulted in two different approaches to cable regulation in the appellate
courts. The print model, which accords full First Amendment protection to
cable, has been applied in several cases. At the same time, other courts have
rejected the print model and upheld single franchise policies, access channels,
1. 476 U.S. 488 (1986).
[Vol. 28
2
California Western Law Review, Vol. 28 [1991], No. 2, Art. 2
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1992] INTRODUCTION 229
franchise fees, and renewal procedures. John Cole, in The Cable Television
"Press" and the Protection of the First Amendment-A Not So "Vexing Ques-
tion," makes a strong argument for the application of the literal tradition of
the First Amendment jurisprudence to cable television. He maintains that
cable is an "electronic publisher" with First Amendment rights and no
rational reason exists to impose public utility type restrictions.
Paul Grinvalsky's engaging Comment, Idea-Expression in Musical
Analysis and the Role of the Intended Audience in Music Copyright
Infringement, describes the difficulty in applying copyright law in cases
where the ordinary senses are unable to discern differences which make a
musical work new and original as opposed to an adaptation or variation of
an existing piece. The writer contends the trier of fact in some music
copyright disputes must have, if not a trained ear, at least an appreciative
one. Ironically, this piece is such a clear and complete guide to music
copyright conflicts that even my "numb-eared" generation might believe its
use will enable them to discern the "minimum" amount of creativity
necessary to constitute original expression in music. Even a reader with no
interest in copyright law or music will enjoy reading this work.
3
Hilliard: Introduction
Published by CWSL Scholarly Commons, 1991
4California Western Law Review, Vol. 28 [1991], No. 2, Art. 2
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Introduction

Cole,, John P., Jr.

OPINION - The Cable Television  Press  and the Protection of the First Amendment -- A Not So  Vexing Question

California Western School of Law

Not a member yet

Idea-Expression in Musical Analysis and the Role of the Intended Audience in Music Copyright Infringement

Expectations Lost: Bank of the West v. Superior Court Places the Fox in Charge of the Henhouse

Debalkanize the Telecommunications Marketplace

The Oar of Odysseus : Landlocked and Geographically Disadvantaged States in Historical Perspective

Determining Lowest Unit Charge: Good LUC!

Books Received

Deliberate Wartime Environmental Damage: New Challenges for International Law

Wolas v. Union Bank: When Should Interest Payments on Long Term Loans Qualify as Ordinary Course of Business Exceptions to Preferential Transfers

Introduction

OPINION - The Cable Television Press and the Protection of the First Amendment -- A Not So Vexing Question

2,052

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