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Articles 1 - 19 of 19
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Regulatory Change In The Energy And Telecommunications Industries - Overview, Barry J. Waldman
Regulatory Change In The Energy And Telecommunications Industries - Overview, Barry J. Waldman
Richmond Journal of Law & Technology
Recent changes in the telecommunications industry and the emerging momentum for change in the regulation of the energy industry have provided a unique opportunity to reevaluate the regulatory models that have predominated in these fields. As these proposed changes are promulgated and begin to take effect and find practical form, crucial questions of implementation become the focus of the debate and the practice of regulatory law. Basic questions are ripe for consideration, such as: Will the regulators be State or Federal Agencies? What form should this regulatory power take? Will legislators and regulators focus on new players in the industry …
Congress And Deregulation: Federal Legislative Issues Past, Present And Future., Bill Robinson, Richard W. Blackburn, S.M. Henry Brown Jr., Mark C. Darrell
Congress And Deregulation: Federal Legislative Issues Past, Present And Future., Bill Robinson, Richard W. Blackburn, S.M. Henry Brown Jr., Mark C. Darrell
Richmond Journal of Law & Technology
I am Bill Robinson, and I am pinch-hitting for Mark La Fratta. Mark did something that caused him to have to go to Gary, I am not sure what it is. Perhaps, Mr. Brown will be able to tell us later on. In any event, it is a pleasure to be here. A couple of Saturdays ago, I was out sailing in an old boat I have, and we had wonderful winds. We were wasting in an area on the Rappahannock that I was not very familiar with, and we were just about to make our last tide in the …
Letter From The Editor, Jennifer S. Coates
Letter From The Editor, Jennifer S. Coates
Richmond Journal of Law & Technology
Each day we are bombarded with news reports about the Internet. The word, and indeed the cyber society behind it, has become as much a part of our daily lives as television and the postal service. Four years ago, when the Journal’s founder Richard Klau proposed the idea of an exclusively online law journal, the Internet was not only in the background, but some doubted the new medium would ever develop into a mature form of communication. As the fourth Editor-in-Chief of the Journal, I am satisfied and delighted that what was once an esoteric tool for programmers has evolved …
Free Speech In The College Community, Robert M. O'Neil, Rodney A. Small
Free Speech In The College Community, Robert M. O'Neil, Rodney A. Small
Richmond Journal of Law & Technology
Robert O'Neil has written the book he was destined to write: Free Speech in the College Community. The former President of the University of Virginia and the University of Wisconsin, O'Neil is a distinguished lawyer and First Amendment scholar who has long been active in disputes involving student speech and academic freedom. He has parlayed those credentials into a book that is both creative and accessible. For both lawyers and non lawyers interested in campus speech issues, there is no better text available.
Letter From The Editor, Jennifer S. Coates-Minyard
Letter From The Editor, Jennifer S. Coates-Minyard
Richmond Journal of Law & Technology
It brings me great pleasure to present the first Journal issue of the new academic year. Once again we have been granted the honor of publishing the transcripts of the Annual National Regulatory Conference. The 16th Annual Conference was held May 12-13, 1998 at the Marshall-Wythe School of Law of The College of William and Mary, just down the road from us in Williamsburg, Virginia. The Conference’s focus this year was on restructuring the energy and telecommunications industries.
Compuserve V. Patterson: Creating Jurisdiction Through Internet Contacts, Cheryl L. Conner
Compuserve V. Patterson: Creating Jurisdiction Through Internet Contacts, Cheryl L. Conner
Richmond Journal of Law & Technology
Throughout American legal history the adequacy of traditional jurisprudence has been tested by technological developments. The creation and expanded use of the Internet is the latest of these advancements. There are, however, characteristics of the Internet that distinguish it from past technological breakthroughs. These features include the difficulty of defining the Internet in traditional terms, the plethora of the contacts taking place, and the speed at which the Internet is expanding.
Hot News & No Cold Facts: Nba V. Motorola And The Protection Of Database Contents, David Djavaherian
Hot News & No Cold Facts: Nba V. Motorola And The Protection Of Database Contents, David Djavaherian
Richmond Journal of Law & Technology
In National Basketball Ass'n v. Motorola, the Second Circuit encountered the problematic issue of copyright preemption. Though the case did not directly involve the protection of database contents, NBA is a harbinger of judicial underprotection for the database industry. In holding that state misappropriation doctrine is preempted by the Copyright Act except in a very narrow class of "hot news" cases, NBA unduly restricts the common law's ability to prevent tortious behavior between database industry competitors. This underprotection has fueled a movement toward the legislative protection of database contents, but recent Congressional proposals, in their current form, leap to the …
How Have Internet Service Providers Beat Spammers?, Cathryn Le
How Have Internet Service Providers Beat Spammers?, Cathryn Le
Richmond Journal of Law & Technology
Popularly known as cyberspace, the Internet continues to evolve and expand, keeping pace with the lives of its users as a complex communications network. Many people rely on the Internet, an intricate link of numerous computers and computer networks, as a research and communications tool. The Internet is a "decentralized, global medium of communications--or 'cyberspace'--that links people, institutions, corporations, and governments around the world." No single entity owns the Internet, but the individual computers that compose the Internet are owned by various individuals, governmental, public and private organizations and institutions. The Internet cannot have a main control center nor can …
Federalism And Beyond: The Uncertain Nature Of Federal/State Relationships In A Restructuring World, Edward L. Petrini, Thomas B. Nicholson, Edward J. Brady, Carrington F. Phillip, Mark J. Mathis
Federalism And Beyond: The Uncertain Nature Of Federal/State Relationships In A Restructuring World, Edward L. Petrini, Thomas B. Nicholson, Edward J. Brady, Carrington F. Phillip, Mark J. Mathis
Richmond Journal of Law & Technology
Federalism in the restructuring context has certainly been controversial and filled with uncertainty -- some would say perilous. Some would say the shifts in jurisdiction between federal and state governments are so serious and of such concern that we should really pause before restructuring the electric industries. Some say we have not done the right thing in the telecommunications industry either. This area is certainly filled with potential for competitors and for lawyers. To help us sort it out, we have four distinguished panelists who are going to identify some of the key state/federal jurisdictional issues in the telecommunications and …
Information Vs. Commercialization: The Internet And Unsolicited Electronic Mail, Karin Mika
Information Vs. Commercialization: The Internet And Unsolicited Electronic Mail, Karin Mika
Richmond Journal of Law & Technology
In November of 1996, the District Court of Eastern Pennsylvania allowed America Online to prohibit a business from using the Internet for sending bulk, unsolicited electronic mail.[1] The decision highlighted some intriguing issues related to how the Internet interacts with the current legal framework and how legal standards that have adequately encompassed most business uses for emerging technologies are not a perfect fit for issues related to the Internet. This article will focus on the current struggle to fit the Internet into some type of existing legal framework, especially with respect to Internet business uses. It will focus primarily on …
Stranded Costs: Will They Torpedo Retail Choice In The Electric Industry?, Kodwo Ghartey-Tagoe, Richard La Capra, Philip R. O'Connor
Stranded Costs: Will They Torpedo Retail Choice In The Electric Industry?, Kodwo Ghartey-Tagoe, Richard La Capra, Philip R. O'Connor
Richmond Journal of Law & Technology
Our speakers have come a long way and we will not allow them to leave without saying something. On our panel today we have Richard La Capra, Founder and Principal of La Capra Associates. He has been involved in major restructuring activity in all six New England states, other parts of the country, and overseas. His biography is contained in your materials. Our second speaker is Philip O'Connor. Dr. O'Connor is with Coopers & Lybrand Consulting and is a former chair of the Illinois Commerce Commission. He is a nationally recognized expert on the development and implementation of competitive strategies …
Who? What? When? Where? Personal Jurisdiction And The World Wide Web, Yvonne A. Tamayo
Who? What? When? Where? Personal Jurisdiction And The World Wide Web, Yvonne A. Tamayo
Richmond Journal of Law & Technology
Almost everyone, it sometimes seems, is "working on a Web site." The Internet, a seamless web of communication, has broken down barriers of distance and time among people. At the same time it has made increasingly porous the conventional boundaries between the tangible and the abstract. Many business entities have created their own World Wide Web pages on the Internet, in order to deliver their advertising messages instantaneously to potential customers anywhere in the world. Increasingly, lawsuits are being filed against these businesses engaged in electronic commerce.
The De Minimis Exemption Of Stored Value Cards From Regulation E: An Invitation To Fraud., Sean M. O'Connor
The De Minimis Exemption Of Stored Value Cards From Regulation E: An Invitation To Fraud., Sean M. O'Connor
Richmond Journal of Law & Technology
How valuable is $100? To a student? To a single unemployed parent? To a well-compensated professional? The Federal Reserve Board apparently believes that the potential loss of $100 is not a tremendous burden on anyone. In a recently proposed rule, the Board exempts stored value cards that contain less than $100 from the same regulations that protect consumers from most types of fraud associated with ATM, debit, and credit cards. Regulation E (Reg E) currently regulates the electronic funds transfers (EFTs) that are at the heart of ATM/debit/credit card transactions by requiring printed receipts, error resolution procedures, periodic statements, initial …
Introductory Remarks And Keynote Speaker Address, Edward L. Flippen, Derek R. B. Bevan
Introductory Remarks And Keynote Speaker Address, Edward L. Flippen, Derek R. B. Bevan
Richmond Journal of Law & Technology
In other industries, experts may see up to four issues a day, but for us, the Conference is an opportunity to share ideas with colleagues, regulators, and others who shape national regulatory policy. For that reason, we have built into our schedule a formal gathering to discuss these issues, and we trust that all of you will take advantage of this meaningful opportunity. Of course, we have to thank Tony Gambardella and his committee for putting on such a wonderful program today, and I am pleasantly surprised that this conference is a joint- venture opportunity with the State Corporation Commission …
New Combinations: Changing Technologies And Infrastructures And The Business Organizations That Will Deal With Them., Alexander F. Skirpan Jr., Steven J. Rosenstock, Pat Bennett, Douglas Taylor, Alex B. Best
New Combinations: Changing Technologies And Infrastructures And The Business Organizations That Will Deal With Them., Alexander F. Skirpan Jr., Steven J. Rosenstock, Pat Bennett, Douglas Taylor, Alex B. Best
Richmond Journal of Law & Technology
This tale is somewhat unique. It is probably one of the few panels, or the only panel in which there is a certain level of agreement. In fact, every one in this room probably has the basic agreement with this panel, that changes in regulation and changes in policy that we are struggling with are driven by changes in technology. This panel has been put together to look at changes in technology. It has three overall goals. The first is, as you heard one of the panels this morning talk about, to talk about technology itself to try to gain …
A Brave New World Of Free Speech: Should Interactive Computer Service Providers Be Held Liable For The Information They Disseminate?, Sarah Becket Boehm
A Brave New World Of Free Speech: Should Interactive Computer Service Providers Be Held Liable For The Information They Disseminate?, Sarah Becket Boehm
Richmond Journal of Law & Technology
Millions of people worldwide use online services to communicate via e-mail; to post and read messages on bulletin boards; to receive news, financial information and updated sports scores; and to gather information. Nearly anyone with access to the Internet can post information without having the facts verified or the content edited, so it is extremely likely that if they post defamatory material, it can find its way around the world in a matter of minutes. Due to the anonymous nature of the Internet, the author of the defamatory material may never be discovered. Assuming the author cannot be traced, the …