National-State Relations: Cooperative Federalism in the Twentieth Century

Daniel J. Elazar's 1959 Ph.D. dissertation demonstrated conclusivelythe inadequate explanatory value of the theory of dual federalismand the prevalence of cooperative national-state relations inthe period ending in 1913. Congressional employment of totaland partial preemption and coercive regulatory powers since1965 raises the question whether the theory of cooperative federalismexplains fully the functioning of the federal system at thebeginning of the twenty-first century. An examination of national-staterelations reveals that each of the two theories retains a degreeof explanatory value. There is, however, a need for a more generaltheory incorporating elements of these theories and coerciveuse of congressional powers, highlighting the generally cooperativenature of national-state relations, and explaining the continuousreadjustment of the respective powers of Congress and states.     

Aggregation effects on male-to-female arrest rate ratios in New York State, 1972 to 1984

The purpose of this paper is to assess the effects of data aggregation on a specification of the relationship between sex and arrest rate trends. The analysis focuses on the empirical implications when arrest data are aggregated across dimensions that are likely to affect the sex-crime relationship. The data for the analysis consist of 4,119,358 male and female adult arrests in New York State for the 13-year period ending in 1984. Results indicate that race, regional differences, and the legal seriousness of the arrest charge produce significantly different patterns of sex convergence across time. On the basis of these results, we suggest serious limitations in past analyses of female crime rates and in the value of Uniform Crime Report (UCR) data for addressing theoretically relevant questions concerning the social correlates of official crime.     

AHRA does not protect device distributor against copyright claims arising from broadcaster role

In a case of first impression, and one of the few cases interpretingthe statute at issue, a district court in New York City hasheld that the Audio Home Recording Act, 17 USC sections 1001et seq. (‘AHRA’), does not immunize a distributorof digital audio recording devices (DARDs) from copyright liabilitywhen the infringement claims are based on the distributor'sallegedly infringing activity in its simultaneous role as asatellite radio broadcaster. The case illustrates the ambiguousnature of digital transmissions, which can be treated as distributionsof musical works as well as digital performances.     

Reds Need Not Apply: Communism and the FCC, 1940-60

New communication technologies—particularly the Internet—have drastically complicated the problem of preserving privacy. As a result, a multitude of solutions for this increasingly complex area of the law have been put forth in recent years. This essay concludes, however, that changes in technology do not warrant altering the underlying constitutional balance that was arrived at decades ago in the tort law of privacy. The free speech limits on privacy law were imposed for good reason, and steps to protect the interest in the new online environment should not be ones that upset that careful balance.