Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Anti-blocking (1)
- Anti-discrimination (1)
- Antitrust (1)
- Broadband (1)
- Broadband Policy Statement (1)
-
- Competition (1)
- Deep packet inspection (1)
- Deference (1)
- Discrimination (1)
- Drug approvals (1)
- Drugs (1)
- Federal Communications Commission (1)
- Federal agencies (1)
- Food and Drug Administration (1)
- Gatekeepers (1)
- Generic drugs (1)
- Hatch-Waxman Act (1)
- Inc. v. FCC (1)
- Internet service providers (1)
- Miami Herald Publishing Co. v. Tornillo (1)
- Open Internet Order (1)
- Open architecture (1)
- Oversight (1)
- Patent infringement (1)
- Patent law (1)
- Pharmaceuticals (1)
- Red Lion Broadcasting Co. v. FCC (1)
- Regulation (1)
- Reno v. ACLU (1)
- Rulemaking (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
Network Neutrality And The First Amendment, Andrew Patrick, Eric Scharphorn
Network Neutrality And The First Amendment, Andrew Patrick, Eric Scharphorn
Michigan Telecommunications & Technology Law Review
The First Amendment reflects the conviction that the widest possible dissemination of information from diverse and antagonistic sources is essential to public welfare. Like the printing press, the Internet has dramatically transformed the marketplace of ideas by providing unprecedented opportunities for individuals to communicate. Though its growth continues to be phenomenal, broadband service providers— acting as Internet gatekeepers—have developed the ability to discriminate against specific content and applications. First, these gatekeepers intercept and inspect data transferred over public networks, then selectively block or slow it. This practice has the potential to stifle the Internet’s value as a speech platform by …
Patent Punting: How Fda And Antitrust Courts Undermine The Hatch-Waxman Act To Avoid Dealing With Patents, Rebecca S. Eisenberg, Daniel A. Crane
Patent Punting: How Fda And Antitrust Courts Undermine The Hatch-Waxman Act To Avoid Dealing With Patents, Rebecca S. Eisenberg, Daniel A. Crane
Michigan Telecommunications & Technology Law Review
Under the Hatch-Waxman Act, patent law and FDA regulation work together to determine the timing of generic entry in the market for drugs. But FDA has sought to avoid any responsibility for reading patents, insisting that its role in administering the patent provisions of the Hatch-Waxman Act is purely ministerial. This gap in regulatory oversight has allowed innovators to use irrelevant patents to defer generic competition. Meanwhile, patent litigation has set the stage for anticompetitive settlements rather than adjudication of the patent issues in the courts. As these settlements have provoked antitrust litigation, antitrust courts have proven no more willing …