Article

Reporting the Official Truth: The Revival of the FCC’s News Distortion Policy

Lili Levi
This Article seeks to expand the current debate over broadcasters’ obligations by examining the news distortion doctrine and ultimately proposing that it be eliminated. In sum, the reinvented news distortion doctrine would undermine the very democratic norms marshaled in its defense. Particularly in light of the complex relation between news and the exercise of democratic citizenship, we should hesitate to support a regulatory policy that effectively grounds government censorship on…
Article

Natural Born Copycat Killers and the Law of Shock Torts

John Charles Kunich
This Article explores the legal ramifications inherent in the putative links between violent deaths—both homicides and suicides—and various entertainment industry products, including motion pictures, television programs, video games, and musical recordings. We briefly review some examples in which popular entertainment-media allegedly played a significant role in spurring individuals to commit acts of violence against themselves or others. While some of these violent events have been widely reported, others are less…
Article

Fighting Fiction with Fiction—The New Federalism in (a Tobacco Company) Bankruptcy

Jonathan C. Lipson
This Article analyzes the new federalism’s impact on Chapter 11 reorganizations. The thesis of this Article is that the fictive nature of the new federalism and the three countervailing doctrines renders them highly unstable in the reorganization context. This instability will inevitably and needlessly distort the negotiations that shape Chapter 11 reorganizations. This Article focuses primarily, but not exclusively, on the effect that the new federalism would have on a…
Article

Sex, Race, and Age: Double Discrimination in Torts And Taxes

Mark J. Wolff
This Article first provides the traditional scholarly survey of legislative history, statutory analysis, and governmental and judicial interpretations. Part II reviews the history of § 104(a)(2) and offers a substantive inquiry into the Supreme Court opinions in United States v. Burke, Commissioner v. Schleier, and in the major cases leading up to these decisions. Part III then reviews the tax policy assumptions supporting § 104(a)(2) from a perspective of both…