Comparative Broadcast Licensing Procedures and the Rule of Law: A Fuller Investigation

Professor Botein examines the validity of Professor Fuller\u27s widely read but seldom criticized theory that traditional administrative adjudication is unsuited to resolve certain kinds of social tasks, which Fuller had labeled polycentric problems. Professor Botein focuses upon Professor Fuller\u27s example of the FCC\u27s comparative licensing procedure as a problem unsuited to adjudication. Taking as his starting point Professor Fuller\u27s criticism of the FCC -- a criticism Fuller never tested against the Commission\u27s actual operations -- Professor Botein examines Fuller\u27s theory of polycentricity by analyzing its contents, applying it to concrete situations, and exploring whether there exists any alternatives better than the Commission\u27s present adjudicatory procedure

The Constitutionality of Restrictions on Poverty Law Firms: A New York Case Study.

Government-funded poverty law firms are presently providing essential legal services to poor people throughout the country. These firms have met with varying responses from the bar and the courts. In this article, Professor Botein examines the response of New York\u27s Appellate Division, First Department-a comprehensive set of regulations governing the practice of law by poverty law firms. After analyzing these regulations and the constitutional issues they raise, the author concludes that both procedurally and substantively there is strong doubt concerning their validity

CATV Regulation: A Jumble of Jurisdictions

The community antenna television (CATV) industry is rapidly becoming a major element of the communications media. Unfortunately, attempts to regulate the industry have not kept pace. Local, state and federal authorities were slow to recognize the need for CATV regulation and, when they finally entered the field, their efforts were uncoordinated and inadequate. But, recent activity in the field by city and state authorities, the Federal Communications Commission and the Congress signals the emergence of a multi-jurisdictional system of CATV regulation. The author describes this system and suggests improvements that will encourage CATV to realize its full potential