University of Southern California

Volume 78, Number 3 (March, 2005)

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    Paying For Politics
    Article by John M. de Figueiredo & Elizabeth Garrett

    With the Bipartisan Campaign Reform Act (“BCRA”) of 2002, Congress enacted the most sweeping reform of the federal campaign system in nearly thirty years. Commentators hailed the bill as the “most far-reaching and controversial attempt to restructure the national political process in a generation” and as the answer to Americans’ demand for reform “in order to reclaim the power of their voices and their votes.” When the Supreme Court endorsed virtually the entire bill as constitutional in McConne...

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    Architectural Censorship and the FCC
    Article by Christopher S. Yoo

    Most First Amendment analyses of U.S. media policy have focused predominantly on “behavioral” regulation, which either prohibits the transmission of disfavored content (such as indecent programming) or mandates the dissemination of preferred content (such as children’s educational programming and political speech). In so doing, commentators have largely overlooked how program content is also affected by “structural” regulation, which focuses primarily on increasing the economic competitiveness o...

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    Media Structure, Ownership Policy, and the First Amendment
    Commentary by C. Edwin Baker

    Ever since Mark Fowler’s 1982 article laid down the gauntlet to those who favor structural media regulation, legal academia has produced a host of free market acolytes advancing his views. These young academics increasingly dominate media law teaching and the FCC. Professor Christopher Yoo is one of this group’s best (as well as a personal friend). This short Comment on his article, Architectural Censorship and the FCC, is written not because I consider it uniquely objectionable, but rather beca...

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    Pleading Around the Private Securities Litigation Reform Act: Reevaluating the Pleading Requirements for Market Manipulation Claims
    Note by Damian Moos

    In 1995, Congress enacted the Private Securities Litigation Reform Act of 1995 (“PSLRA”) to address the serious flaws in the private securities litigation system. Courts, Congress, and many commentators agreed that the chief evil plaguing the system was strike suits, suits “based on no valid claim, brought either for nuisance value or as leverage to obtain a favorable or inflated settlement.” Strike suits prevailed in private securities claims because, irrespective of the merits of the claim, it...

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    Doin’ Time in God’s House: Why Faith-Based Rehabilitation Programs Violate the Establishment Clause
    Note by Douglas Roy

    On December 24, 2003, the Governor of Florida, Jeb Bush, attended a special Christmas Mass at a state correctional facility about forty miles north of Gainesville, Florida. More than just celebrating the Christian holiday with the prison’s almost 800 inmates, Governor Bush was attending a milestone in modern American criminal rehabilitation. He was there to dedicate the Lawtey Correctional Institution (“Lawtey”) as the nation’s first completely faith-based prison. The conversion of Lawtey to...

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