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Articles 1 - 18 of 18
Full-Text Articles in Law
T-Mobile Usa Inc. V. Department Of Finance For Baltimore City: What The Latest Salvo In Disproportional Cellular Phone Taxation Means For The Future, Daniel P. Slowey
T-Mobile Usa Inc. V. Department Of Finance For Baltimore City: What The Latest Salvo In Disproportional Cellular Phone Taxation Means For The Future, Daniel P. Slowey
Duke Law & Technology Review
Seventeen percent of the average monthly cellular phone bill in 2004 was comprised of federal, state, and local taxes. As the number of wireless subscribers across the nation continues to increase, states, cities, and counties are increasingly seizing upon cellular taxation as a panacea for budget shortfalls. The Maryland Tax Court’s recent decision in T-Mobile USA, Inc. v. Department of Finance for Baltimore City held state and county taxes on the sale of individual cellular lines as legal excise taxes rather than illegal sales taxes. This iBrief will highlight the origins of telecommunications taxation, examine the ruling in T-Mobile in …
Censorship By Proxy: The First Amendment, Internet Intermediaries, And The Problem Of The Weakest Link, Seth F. Kreimer
Censorship By Proxy: The First Amendment, Internet Intermediaries, And The Problem Of The Weakest Link, Seth F. Kreimer
All Faculty Scholarship
The rise of the Internet has changed the First Amendment drama, for governments confront technical and political obstacles to sanctioning either speakers or listeners in cyberspace. Faced with these challenges, regulators have fallen back on alternatives, predicated on the fact that, in contrast to the usual free expression scenario, the Internet is not dyadic. The Internet's resistance to direct regulation of speakers and listeners rests on a complex chain of connections, and emerging regulatory mechanisms have begun to focus on the weak links in that chain. Rather than attacking speakers or listeners directly, governments have sought to enlist private actors …
When Is Employee Blogging Protected By Section 7 Of The Nlra?, Katherine M. Scott
When Is Employee Blogging Protected By Section 7 Of The Nlra?, Katherine M. Scott
Duke Law & Technology Review
The National Labor Relations Act forbids employers from retaliating against certain types of employee speech or intimidating those who engage in it. This iBrief examines how blogging fits into the current statutory framework and recommends how the National Labor Relations Board and the courts should address the unique features of employee blogs.
What’S The Hang Up? The Future Of Voip Regulation And Taxation In New Hampshire, Kate Winstanley
What’S The Hang Up? The Future Of Voip Regulation And Taxation In New Hampshire, Kate Winstanley
The University of New Hampshire Law Review
Alice in Austria wishes to call her friend Bob in Boston, using a Boston area code to avoid charges for an international call. Using VoIP, Alice may initiate her call from any location in Austria where she may find Internet access. Once Alice connects to the Internet, she can transmit her call with the aid of a VoIP service provider, such as Skype. In order to hear and communicate with Bob, Alice can rely on a microphone and a headset that she can plug into her computer. Through VoIP, not only may Alice carry on a telephone conversation, but most …
The End Of Net Neutrality, William G. Laxton Jr.
The End Of Net Neutrality, William G. Laxton Jr.
Duke Law & Technology Review
In 2005, the FCC changed the competitive landscape of the high-speed Internet access industry by classifying both DSL and cable modem service as "information services." While many hail this move as a victory for competition and free markets, others fear the ruling could jeopardize the future of the Internet. This iBrief examines the potential end of "net neutrality" and concludes that new federal regulations are unnecessary because antitrust laws and a competitive marketplace will provide consumers with sufficient protection.
Keeping The Promise, Erik Ugland, Karen Slattery
Shielding Journalist-“Bloggers”: The Need To Protect Newsgathering Despite The Distribution Medium, Laura Durity
Shielding Journalist-“Bloggers”: The Need To Protect Newsgathering Despite The Distribution Medium, Laura Durity
Duke Law & Technology Review
The failure to agree on a sufficiently narrow definition of "journalist" has stalled efforts to enact a federal shield law to legally protect reporter-source communications from compelled disclosure in federal court. The increasing use of the Internet in news coverage and the greater reliance by the public on the Internet as a news source creates further problems as to who should qualify for federal shield law protection. This iBrief argues that a functional definition of "journalist" can be created to shield journalists from compelled source disclosure so as to protect the free flow of information to the public, but limits …
Common Law Property Metaphors On The Internet: The Real Problem With The Doctrine Of Cybertrespass, Shyamkrishna Balganesh
Common Law Property Metaphors On The Internet: The Real Problem With The Doctrine Of Cybertrespass, Shyamkrishna Balganesh
All Faculty Scholarship
The doctrine of cybertrespass represents one of the most recent attempts by courts to apply concepts and principles from the real world to the virtual world of the Internet. A creation of state common law, the doctrine essentially involved extending the tort of trespass to chattels to the electronic world. Consequently, unauthorized electronic interferences are deemed trespassory intrusions and rendered actionable. The present paper aims to undertake a conceptual study of the evolution of the doctrine, examining the doctrinal modifications courts were required to make to mould the doctrine to meet the specificities of cyberspace. It then uses cybertrespass to …
Paradoxical Impact Of Asymmetric Regulation In Taiwan's Telecommunications Industry: Restriction And Rent Seeking, Yuntsai Chou, Kung-Chung Liu
Paradoxical Impact Of Asymmetric Regulation In Taiwan's Telecommunications Industry: Restriction And Rent Seeking, Yuntsai Chou, Kung-Chung Liu
Research Collection Yong Pung How School Of Law
The mobile penetration rate in Taiwan has climbed from 6.86 to 112.15. Mobile phone accounts per 100 capita in the first 6 years of market competition, during this time the state-owned incumbent Chunghua Telecom has been dethroned by a new entrant, Taiwan Cellular Corp. This paper addresses the cause of Taiwan's unprecedented mobile growth, and provides policy solutions for countries that strive to improve their telecommunications sectors in a short time scale. The authors highlight the fundamental role of asymmetric regulation, rather than pure liberalization, in the creation of the deregulated telecommunications industry in Taiwan. The asymmetric regulation in Taiwan …
When Discrimination Is Good: Encouraging Broadband Internet Investment Without Content Neutrality, Christopher E. Fulmer
When Discrimination Is Good: Encouraging Broadband Internet Investment Without Content Neutrality, Christopher E. Fulmer
Duke Law & Technology Review
Cable television and traditional telephone companies are increasingly offering the same set of services: telephone, television, and broadband Internet access. Competition between these two types of companies would ordinarily require them to improve these services, but unless broadband providers have the ability to discriminate on the basis of content and charge Internet video providers that compete with their own video services, the growth of the Internet will be stunted, as broadband providers will not improve the capacity of their networks.
Fighting Terrorism In An Electronic Age: Does The Patriot Act Unduly Compromise Our Civil Liberties?, Christopher P. Raab
Fighting Terrorism In An Electronic Age: Does The Patriot Act Unduly Compromise Our Civil Liberties?, Christopher P. Raab
Duke Law & Technology Review
The USA PATRIOT Act is tremendously controversial, both lauded by law enforcement and decried by civil liberties groups. This iBrief considers two of the Act's communications monitoring provisions, concluding that each compromises civil liberties to a greater degree than is necessary to combat terrorism. Accordingly, Congress should revise the USA PATRIOT Act, bringing it into line with the Constitution.
Completing The Connection: Achieving Universal Service Through Municipal Wi-Fi, K. Joon Oh
Completing The Connection: Achieving Universal Service Through Municipal Wi-Fi, K. Joon Oh
Duke Law & Technology Review
The federal universal service scheme is designed to ensure that everyone has affordable access to advanced telecommunications and information services. Despite the development of cost-effective technologies that drastically reduce the cost of telephone services vis-à-vis the Internet and Wi-Fi networks, federal regulations generally prevent municipalities or private companies from providing wireless Internet access with universal service funds. Federal regulations have replaced technology costs, lack of business incentives, and consumer affordability as the primary barrier to universal service. Competitive neutrality, the pro-competitive and technology-neutral approach to universal service funding, must be fully embraced in order to empower local communities with the …
Citizen Participation In Rulemaking: Past, Present, And Future, Cary Coglianese
Citizen Participation In Rulemaking: Past, Present, And Future, Cary Coglianese
All Faculty Scholarship
Administrative law scholars and governmental reformers argue that advances in information technology will greatly expand public participation in regulatory policy making. They claim that e-rulemaking, or the application of new technology to administrative rulemaking, promises to transform a previously insulated process into one in which ordinary citizens regularly provide input. With the federal government having implemented several e-rulemaking initiatives in recent years, we can now begin to assess whether such a transformation is in the works—or even on the horizon. This paper compares empirical observations on citizen participation in the past, before e-rulemaking, with more recent data on citizen participation …
Information Warfare: The Legal Aspects Of Using Satellites And Jamming Technologies In Propaganda Battles, Mark J. Sundahl
Information Warfare: The Legal Aspects Of Using Satellites And Jamming Technologies In Propaganda Battles, Mark J. Sundahl
Law Faculty Contributions to Books
This paper examines the right of states to broadcast propaganda by satellite in times of war. In exploring this issue, the author addresses the hypothetical question of whether a state may use DBS technology to broadcast a commercial news program, such as CNN, into an enemy state in wartime as part of a larger campaign to win the support of the civilian population. The author begins by establishing that that the consent of a receiving state is required prior to such broadcasts, whether in peacetime or in times of war. This requirement of "prior consent" is the only restriction of …
New Strategies For An Old Medium: The Weekly Radio Addresses Of Reagan And Clinton, Lori Cox Han
New Strategies For An Old Medium: The Weekly Radio Addresses Of Reagan And Clinton, Lori Cox Han
Political Science Faculty Articles and Research
"While a rich literature exists on presidential communications (including the public/rhetorical presidency and the presidential/press relationship), only recently have presidential scholars begun to analyze weekly radio addresses as an important primary unit of analysis (Rowland and Jones 2002; Sigelman and Whissell 2002a, 2002b). This article analyzes how the use of radio has fit into the overall development of White House communication strategies during the television age, and takes an in-depth look at how Reagan and Clinton used weekly radio addresses to communicate with both the American public and the news media. Specifically, the issues considered here include the strategy development …
Comments On Stealth Marketing And Editorial Integrity, R. Polk Wagner
Comments On Stealth Marketing And Editorial Integrity, R. Polk Wagner
All Faculty Scholarship
No abstract provided.
Network Neutrality And The Economics Of Congestion, Christopher S. Yoo
Network Neutrality And The Economics Of Congestion, Christopher S. Yoo
All Faculty Scholarship
No abstract provided.
The Blogosphere And The New Pamphleteers, Donald J. Kochan
The Blogosphere And The New Pamphleteers, Donald J. Kochan
Donald J. Kochan
The future of the free dissemination of information lies in the blog, some may say. The internet has entirely transformed how we receive and consume information. It’s the newest incarnation of information dissemination. From the insights of Alexis de Tocqueville, “Feelings and opinions are recruited, the heart is enlarged, and the human mind is developed only by the reciprocal influence of men upon one another.” Bloggers are a powerful force in the distribution of information and ideas and the creation of communities of conversation. Throughout history, the dissemination of information, news, opinions, and ideas has continuously transformed. In the 18th …