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The Constitutionalization of Disparate Impact -- Court-Centered and Popular Pathways: A Comment on Owen Fiss's Brennan LectureAt Yale Law School, I had the great fortune of studying with Owen Fiss, who provided a riveting introduction to constitutional law. He encouraged me to go into teaching at a time when there were scarcely any women on the faculty at Yale. His work on antisubordination-the group-disadvantaging principle orients much of my work on inequality.
CATV Franchising in New JerseyFor more than a decade, while Congress and the FCC were debating the big issues of national communications policy with broadcasters and cable television executives, thousands of municipalities quietly made decisions that may decide much of the future of broadband communications. With scant public notice, local officials bestowed lucrative, long-term franchises which set forth terms and conditions for the development of CATV for decades to come.
Ownership Policy and the Cable IndustryThree patterns are emerging in the ownership of cable television systems in the United States. First, ownership is concentrating in fewer and fewer hands. Second, cable systems are increasingly owned by companies that own other types of communications media, or own sources of programming material, or own firms that are actual or potential manufacturers of cable hardware. Third, ownership by non-profit educational, cultural, civic, and community groups, or by minority groups, is being · excluded in the nation's major' cities and metropolitan areas by the economics of cable system construction and financing.
Cops in the Courts I: Police Misconduct LitigationPolice brutality and police harassment are crimes. Ironically, they are probably prompted or encouraged by a widespread public concern with "law and order," with stopping "crime in the streets." Much of police misconduct may stem from a desire by police to Jive up to their own and the public's image of them as tough crime stoppers; they may act overzealously to detect and apprehend wrongdoers.
\\That You See Is What To Get: Cable Television and Community ControlCATV is fast moving from its original meaning of community antenna television to a new and unprecedented redefinition as corporate antenna television. Ownership patterns in CATV have changed from local entrepreneurs and their "mom and pop" systems to the growing dominance of corporate conglomerates and media giants. Over 29% of CATV systems are owned by broadcasters, 5% by telephone companies and 6.8% by publishers. As cable television has become practical and profitable, it has also become a private, privileged industry. CATV now stands poised to enter the major broadcast television markets and it offers the potential for influencing the social, political and economic futures of the minority and poor residents within these areas.