June, 2017

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“Where seldom is heard a discouraging word?” Supreme Court Allows the Federal Registration of Disparaging Trademarks

Broadcast Law Blog

The U.S. Supreme Court has invalidated the statutory bar against the federal registration of disparaging trademarks, on the ground that it violates the First Amendment and is unconstitutional. What does this mean for businesses in general, including, in particular, broadcasters and the Washington DC National Football League franchise? History of the Case.

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Arundhati Katju | Meditations on breath and sexual difference

ClimateChange-ClimateLaw

Meditations on breath and sexual difference Praxis/Theory: Between East and West By Arundhati Katju How can Luce Irigaray help us think through the difference between Eastern and Western thought?

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July Regulatory Dates for Broadcasters – Quarterly Issues Programs and Children’s Television Reports, Comment Dates on Main Studio Rule Elimination and Modernization of Media Regulation, Incentive Auction CP Filing Deadline, Effective Date for Captioning Clips of Live and Near-Live Programming, and Window for FM Translators for AM Stations

Broadcast Law Blog

July is a big month on the Washington regulatory scene for broadcasters. There are, of course, the routine quarterly regulatory obligations. For all stations, commercial and noncommercial, Quarterly Issues Programs Lists , summarizing the most important issues facing a broadcaster’s community, and the programs that were broadcast in the prior quarter to address those issues, must be in a station’s public file (the online public file for all TV stations and for radio stations that have already co

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FCC’s Elimination of the Requirement that Letters From the Public be Kept in a Broadcaster’s Public Inspection File Effective Today

Broadcast Law Blog

Today, the order eliminating the requirement that broadcasters maintain in a paper public inspection file copies of letters and emails to their stations about station operations becomes effective. While the FCC abolished the requirement back in January, one of the first deregulatory actions of the new Chairman (see our article on that decision here ), the decision did not become effective until the publication of that decision in the Federal Register, which occurred today ( here ).

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Transforming eDiscovery: Document Summarization, Sentiment Analysis, And Chatbots Take Center Stage

A Synergistic Approach to eDiscovery In the space of eDiscovery, the convergence of document summarization, sentiment analysis, and chatbots represents a significant change in how legal professionals navigate and manage electronic information. These technologies not only expedite the review process but also empower legal teams with deeper insights into the emotional context and key information within electronic documents.

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Jiwon Hahn | On Nietzsche and Metaphor

ClimateChange-ClimateLaw

By Jiwon Hahn In Nietzsche and Metaphor (1972), Sarah Kofman engages with Nietzsche’s text by exploring the relationship between metaphor and concept, as well as the role of language and memory, in writing and reading Nietzsche.

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Arundhati Katju | Reading Inwards from the Margins: Indic Classical Thought in Nietzsche and Foucault

ClimateChange-ClimateLaw

By Arundhati Katju In order to demonstrate the genealogy of knowledge they propose, both Nietzsche and Foucault draw upon and refute key elements from Indic philosophy, specifically, mystic practices that contemplate the nature of knowledge and subject-object relations as found… Continue Reading →

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Modernization of Media Regulation – What Rule Changes Should Broadcasters be Requesting?

Broadcast Law Blog

It is not every year that the FCC seriously asks broadcasters for suggestions as to what rules it should abolish or modify, but that is exactly what the FCC is doing in its Modernization of Media Regulation proceeding (about which we wrote here and here ). Comments due the week after next, on July 5, and broadcasters should accept the invitation and suggest rules that are ripe for repeal or amendment.

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Almost 80 Radio Stations Hit With New FCC EEO Audit Letter

Broadcast Law Blog

While the FCC in April made broadcaster’s compliance with the FCC’s EEO rules easier by allowing the wide dissemination of information about job openings through online sources (see our article here ), there still remain significant obligations under those rules (see our article here ). The FCC made that clear on Friday, releasing a Public Notice announcing its second EEO audit letter of 2017 for about 80 radio broadcasters, all west of the Mississippi.

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Court Rejects Stay on FCC’s Reinstatement of UHF Discount – Does it Mean TV Ownership Consolidation is in the Clear?

Broadcast Law Blog

Yesterday, in a very short one page decision, the US Court of Appeals rejected the requests filed by public interest groups to stay the effect of the FCC’s decision to reinstate the UHF discount (see our article here about some of the issues involved in this stay request, and our article here about the reinstatement of the UHF discount by the current FCC).

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Recipe for a Failed CLM Implementation

Selecting and implementing CLM technology can be daunting, leading to underutilization or abandonment. Factors like provider differentiation, inadequate planning, and lack of user training contribute to these failures. Recognizing these pitfalls is crucial for successful adoption, ensuring organizations harness the full potential of CLM for streamlined contract management.

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FCC Announces Potential Solutions for LPTV Stations that are Displaced Before Getting the Opportunity to File for a New Channel

Broadcast Law Blog

The FCC in a Public Notice released yesterday recognized that some LPTV stations and TV translators may get bumped from their current channels even before full power stations start their transition to new channels to repack the TV band to make parts of it available for wireless Internet operations. The FCC has established windows for the repacking of full-power TV stations where, over a 39 month period, stations that currently operate on Channels 38 and above will be repacked into a smaller TV b

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FCC Reminds Repacked TV Stations of Upcoming June and July Deadlines

Broadcast Law Blog

The incentive auction, where the FCC agreed to buy the spectrum of numerous TV stations so that they could repackage that spectrum and sell it to wireless users, ended with the FCC’s Closing Notice released in April. But, in order to clear contiguous blocks of spectrum for the wireless companies who bought spectrum in the auction, the FCC not only had to buy the spectrum rights of a number of TV stations, but they also had to repack the remaining TV stations into a smaller TV band.

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FCC Releases Instructions for Window for AM Stations to File for FM Translators and Announces Translator Filing Freeze – Pay Attention to the Details!

Broadcast Law Blog

Late yesterday, the FCC released the Public Notice setting out the instructions for the upcoming window for Class C and D AM stations to file for new FM translators. The window will be open for the submission of applications from July 26 to August 2 – and mutually exclusive applications filed during that window will be resolved by an auction if they cannot be resolved by settlements or engineering solutions.

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Radio Owner Forfeits Several FCC Licenses for Being Silent For Prolonged Periods of Time – Warning to Broadcasters for Next License Renewal Cycle

Broadcast Law Blog

Last week, the FCC issued a consent decree entered into with a broadcaster who is the licensee of multiple radio stations, many of which were silent for long periods during the last license renewal cycle. As part of the deal, in order to get renewals for 12 stations granted, the licensee agreed to either surrender the licenses for 9 other stations or to donate them to nonprofit groups.

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Contract Lifecycle Management: A Business Enabler Exploring On-Ground Challenges

CLM tools have always strived to push contract management into the digital age for almost 30 years. But the complexities of digitising a legal document are numerous. The current scenarios in business development have shown that having a fully automated CLM has become a mandate for every law firm and in-house legal department. To determine if you need a CLM system, it's essential to clearly identify the on-ground business challenges you aim to solve.

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Court Issues an Administrative Stay on Effective Date of Reinstatement of UHF Discount While It Considers Arguments as to Whether to Put the Discount on Hold

Broadcast Law Blog

When the FCC last month reinstated the UHF discount (see our article here ), it opened the door to ownership consolidation in the television industry, and immediately deals were announced based on the discount being back in place. But public interest groups in DC, fearing too much consolidation, asked the FCC to stay the effect of the rules. When the FCC did not act, the public interest groups last week asked the US Court of Appeals in the District of Columbia for a stay to put the rules on hold

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First Window for New FM Translators for AM Stations to Open July 26

Broadcast Law Blog

The FCC released a Public Notice announcing that its window for Class C and D AM stations to file for new FM translators to rebroadcast their stations will open on July 26. The notice does not say much more except that there will be another notice coming soon providing more details on the filing process. This notice does not say whether applications will be processed on a first-come, first-serve basis starting with those filed on July 26, or if there will be a longer window during which all appl

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Comments on FCC Proposal to Abolish Broadcast Main Studio Rule Due July 3

Broadcast Law Blog

In today’s Federal Register, the FCC has given notice of its proposal to abolish the main studio rule. That notice, here , sets the date for comments on this proposal as July 3. Reply comments are due two weeks later on July 17. We wrote about the FCC’s proposal and the questions being asked in this proceeding here and here. So, if you are interested in expressing your views on this significant deregulatory move by the FCC, file your comments by July 3.

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Jiwon Hahn | On the Genealogy of Truth and Knowledge

ClimateChange-ClimateLaw

By Jiwon Hahn Probably the most prominent common denominator of the philosophies of Nietzsche and Foucault would be genealogy as their method of philosophizing.

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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Michael Milov-Cordoba | Reading Marine Lover with Irigaray: On Forms of Critique under Trump

ClimateChange-ClimateLaw

By Michael Milov-Cordoba In last week’s session of Nietzsche 13/13, each of the five presenters attempted to characterize the peculiar form of Irigaray’s Marine Lover of Friedrich Nietzsche.

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