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Articles 1 - 30 of 126
Full-Text Articles in Law
State Net Neutrality, Daniel A. Lyons
State Net Neutrality, Daniel A. Lyons
Daniel Lyons
For nearly a century, state regulators played an important role in telecommunications regulation. The 1934 Communications Act gave the Federal Communications Commission authority to regulate interstate telephone service, but explicitly left intrastate calls—which comprised 98% of Depression-era telephone traffic—to state public utility commissions. By the late 2000s, however, as landline telephony faded to obscurity, scholars and policymakers alike recognized that the era of comprehensive state telecommunications regulation had largely come to an end.
Perhaps surprisingly, however, the first years of the Trump Administration have seen a resurgence in state telecommunications regulation—driven not by state institutional concerns, but by policy disagreements …
Abc V. Aereo And The Humble Judge, James Y. Stern
Abc V. Aereo And The Humble Judge, James Y. Stern
James Y. Stern
No abstract provided.
Applying Crawford's Confrontation Right In A Digital Age, Jeffrey Bellin
Applying Crawford's Confrontation Right In A Digital Age, Jeffrey Bellin
Jeffrey Bellin
No abstract provided.
Congress, The Fcc, And The Search For The Public Trustee, Neal Devins
Congress, The Fcc, And The Search For The Public Trustee, Neal Devins
Neal E. Devins
No abstract provided.
Resilience: Building Better Users And Fair Trade Practices In Information, Andrea M. Matwyshyn
Resilience: Building Better Users And Fair Trade Practices In Information, Andrea M. Matwyshyn
Andrea Matwyshyn
Symposium: Rough Consensus and Running Code: Integrating Engineering Principles into Internet Policy Debates, held at the University of Pennsylvania's Center for Technology Innovation and Competition on May 6-7, 2010.
In the discourse on communications and new media policy, the average consumer-the user-is frequently eliminated from the equation. This Article presents an argument rooted in developmental psychology theory regarding the ways that users interact with technology and the resulting implications for data privacy law. Arguing in favor of a user-centric construction of policy and law, the Author introduces the concept of resilience. The concept of resilience has long been discussed in …
The Northern Ireland Broadcasting Ban: Some Reflections On Judicial Review, Geoffrey Bennett, Russell L. Weaver
The Northern Ireland Broadcasting Ban: Some Reflections On Judicial Review, Geoffrey Bennett, Russell L. Weaver
Russell L. Weaver
This Essay initially examines the British government's ban on its broadcasting networks that restricts coverage of Northern Ireland organizations, and concludes by making some reflections on the system of judicial review in the United States. Professors Weaver and Bennett note that a comparable ban in the United States probably would be held unconstitutional. In Great Britain, however, the courts lack a similar power of judicial review, leaving the question of the Ban's legitimacy to the political process. While Great Britain enjoys a relatively free society, the authors conclude that government control over the British media poses troubling problems and suggests …
Rethinking Press Rights Of Equal Access, Luke M. Milligan
Rethinking Press Rights Of Equal Access, Luke M. Milligan
Luke Milligan
No abstract provided.
Toll-Free Assignment Modernization And The Triumph Of Coase, Daniel A. Lyons
Toll-Free Assignment Modernization And The Triumph Of Coase, Daniel A. Lyons
Daniel Lyons
No abstract provided.
To Narrow The Digital Divide, The Fcc Should Not Simply Extend Lifeline To Broadband, Daniel A. Lyons
To Narrow The Digital Divide, The Fcc Should Not Simply Extend Lifeline To Broadband, Daniel A. Lyons
Daniel Lyons
No abstract provided.
The Congressional Review Act And The Toxic Politics Of Net Neutrality, Daniel A. Lyons
The Congressional Review Act And The Toxic Politics Of Net Neutrality, Daniel A. Lyons
Daniel Lyons
No abstract provided.
Revisiting Net Neutrality, Daniel A. Lyons
"Enemy Of The People": Negotiating News At The White House, Carol Pauli
"Enemy Of The People": Negotiating News At The White House, Carol Pauli
Carol Pauli
How can the press serve as a check on executive power when the president calls it “fake” and the White House denies facts? As journalists debate the right response, this article offers advice from the perspective of a journalist who is now in the legal academy. Drawing on legal scholarship in the field of conflict resolution — as well as literature in journalism and political science — this article analyzes the White House press briefing as a negotiation over both the content of news and the relationship of the press and president. It aims to help the press fulfill the …
Narrowing The Digital Divide: A Better Broadband Universal Service Program, Daniel Lyons
Narrowing The Digital Divide: A Better Broadband Universal Service Program, Daniel Lyons
Daniel Lyons
Universal service has long been an integral component of American telecommunications policy. As more activities move online, it becomes increasingly important to narrow the digital divide by helping low-income Americans get online and by extending broadband networks into unserved areas.
Unfortunately, the Federal Communications Commission’s reforms are unlikely to help solve this problem. The Commission is repurposing an $8 billion telephone subsidy program to focus instead on broadband networks. But when pressed, the agency admits that it has no proof that the program meaningfully affected telephone adoption rates, and it offers little evidence that it will fare any better at …
Algorithmic Jim Crow, Margaret Hu
Algorithmic Jim Crow, Margaret Hu
Margaret Hu
This Article contends that current immigration- and security-related vetting protocols risk promulgating an algorithmically driven form of Jim Crow. Under the “separate but equal” discrimination of a historic Jim Crow regime, state laws required mandatory separation and discrimination on the front end, while purportedly establishing equality on the back end. In contrast, an Algorithmic Jim Crow regime allows for “equal but separate” discrimination. Under Algorithmic Jim Crow, equal vetting and database screening of all citizens and noncitizens will make it appear that fairness and equality principles are preserved on the front end. Algorithmic Jim Crow, however, will enable discrimination on …
Tucker Lecture, Law And Media Symposium, Erwin Chemerinsky
Tucker Lecture, Law And Media Symposium, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
The Roberts Court And Freedom Of Speech, Erwin Chemerinsky
The Roberts Court And Freedom Of Speech, Erwin Chemerinsky
Erwin Chemerinsky
This is an edited version of a speech delivered on December 16, 2010 in Washington, D.C., as part of the Federal Communications Bar Association's Distinguished Speaker Series. This speech was given by Dean Erwin Chemerinsky in December 2010 as part of the FCBA's Distinguished Speaker Series. In the speech, Dean Chemerinsky offers his perspectives on and analysis of the Supreme Court's position on freedom of speech in recent years. He highlights important recent freedom of speech decisions made by the Roberts Court, and gives some projections as to where the court is heading in the years to come, given its …
Proposed Arbitration Ban Would Be Bad Law And Bad Policy, Daniel A. Lyons
Proposed Arbitration Ban Would Be Bad Law And Bad Policy, Daniel A. Lyons
Daniel Lyons
No abstract provided.
Net Neutrality’S Path To The Supreme Court: Chevron And The “Major Questions” Exception, Daniel A. Lyons
Net Neutrality’S Path To The Supreme Court: Chevron And The “Major Questions” Exception, Daniel A. Lyons
Daniel Lyons
No abstract provided.
How Should Courts Consider Agency Remarks During The Comment Period?, Daniel A. Lyons
How Should Courts Consider Agency Remarks During The Comment Period?, Daniel A. Lyons
Daniel Lyons
No abstract provided.
Misrepresentation And The Fcc, Brian C. Murchison
United States Media Law Update, Lyrissa Barnett Lidsky, Rachael Jones
United States Media Law Update, Lyrissa Barnett Lidsky, Rachael Jones
Lyrissa Barnett Lidsky
In June 2015 the United States Supreme Court completed what was hailed as its most ‘liberal term of the ages’, issuing major decisions on controversial issues, such as same-sex marriage, affirmative action and the Affordable Care Act. The Court’s free press jurisprudence, however, remained largely unchanged after its last term. The Court did not decide any significant press cases. Instead, the Court sidestepped the opportunity to resolve important questions about the constitutional limits on the prosecution of threats made via social media in one notable case, and set a new, more speech-protective standard for determining when a law is content-based …
Usage-Based Pricing, Zero-Rating, And The Future Of Broadband Innovation, Daniel A. Lyons
Usage-Based Pricing, Zero-Rating, And The Future Of Broadband Innovation, Daniel A. Lyons
Daniel Lyons
No abstract provided.
Title Ii Reclassification Is Rate Regulation, Daniel A. Lyons
Title Ii Reclassification Is Rate Regulation, Daniel A. Lyons
Daniel Lyons
No abstract provided.
Innovations In Mobile Broadband Pricing, Daniel Lyons
Innovations In Mobile Broadband Pricing, Daniel Lyons
Daniel Lyons
Can Dna Be Speech?, Jorge R. Roig
Can Dna Be Speech?, Jorge R. Roig
Jorge R Roig
Regulating Interconnection (Lightly!), Daniel A. Lyons
Regulating Interconnection (Lightly!), Daniel A. Lyons
Daniel Lyons
No abstract provided.
Cuba: Open For Business, But Media Beware, Jodi Benassi
Cuba: Open For Business, But Media Beware, Jodi Benassi
Jodi Benassi
No abstract provided.
The Constitutional Considerations Of Multiple Media Ownership Regulation By The Federal Communications Commission, Jon L. Mills, John Moynahan, Richard Perlini, George Mcclure
The Constitutional Considerations Of Multiple Media Ownership Regulation By The Federal Communications Commission, Jon L. Mills, John Moynahan, Richard Perlini, George Mcclure
Jon L. Mills
Promoting the dissemination of diverse ideas with a minimum of governmental interference is the goal of the first amendment in protecting free press and free media. This goal is implicit in the public interest mandate of the Communications Act of 1934. A precise balance between restraint and diversity in first amendment policy appears impossible, but the process of decision should reflect both, with deference to restraint where possible. The Federal Communication Commission's Order in Docket 18110 failed to strike such a balance; any future action regarding cross-ownership of broadcast stations by newspapers would benefit by an increased recognition of the …
Constitutional Law - Due Process Clause - The Due Process Clause Of The Fifth Amendment Requires Fair Notice Of What Violates Federal Indecency Standards, Jon L. Mills
Jon L. Mills
Casenote regarding Fed. Commc’ns Comm’n v. Fox Television Stations, Inc., 132 S. Ct. 2307 (2012).
Games Are Not Coffee Mugs: Games And The Right Of Publicity, 29 Santa Clara Computer & High Tech. L.J. 1 (2012), William K. Ford, Raizel Liebler
Games Are Not Coffee Mugs: Games And The Right Of Publicity, 29 Santa Clara Computer & High Tech. L.J. 1 (2012), William K. Ford, Raizel Liebler
William K. Ford
Are games more like coffee mugs, posters, and T-shirts, or are they more like books, magazines, and films? For purposes of the right of publicity, the answer matters. The critical question is whether games should be treated as merchandise or as expression. Three classic judicial decisions, decided in 1967, 1970, and 1973, held that the defendants needed permission to use the plaintiffs' names in their board games. These decisions judicially confirmed that games are merchandise, not something equivalent to more traditional media of expression. As merchandise, games are not like books; instead, they are akin to celebrity-embossed coffee mugs. To …