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Communications Law

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2003

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Articles 91 - 103 of 103

Full-Text Articles in Law

Beyond Napster, Beyond The United States: The Technological And International Legal Barriers To On-Line Copyright Enforcement, Jeffrey L. Dodes Jan 2003

Beyond Napster, Beyond The United States: The Technological And International Legal Barriers To On-Line Copyright Enforcement, Jeffrey L. Dodes

NYLS Law Review

No abstract provided.


Revisiting The Vast Wasteland, Fred H. Cate, Newton N. Minow Jan 2003

Revisiting The Vast Wasteland, Fred H. Cate, Newton N. Minow

Articles by Maurer Faculty

No abstract provided.


Designing Deliberative Democracy In Cyberspace: The Role Of The Cyber-Lawyer, Beth Simone Noveck Jan 2003

Designing Deliberative Democracy In Cyberspace: The Role Of The Cyber-Lawyer, Beth Simone Noveck

Articles & Chapters

No abstract provided.


Goldwasser, The Telecom Act, And Reflections On Antitrust Remedies, Philip J. Weiser Jan 2003

Goldwasser, The Telecom Act, And Reflections On Antitrust Remedies, Philip J. Weiser

Publications

No abstract provided.


New Models Of Regulation And Interagency Governance, Christopher S. Yoo Jan 2003

New Models Of Regulation And Interagency Governance, Christopher S. Yoo

All Faculty Scholarship

No abstract provided.


Rethinking The Commitment To Free, Local Television, Christopher S. Yoo Jan 2003

Rethinking The Commitment To Free, Local Television, Christopher S. Yoo

All Faculty Scholarship

One of the most enduring tenets of U.S. television policy has been the commitment to localism. I suggest that the FCC's localism policy can be disaggregated into four, more specific commitments: (1) the preference for locally oriented over nationally oriented programming, (2) the preference for free (i.e., advertising-supported) over pay television, (3) the preference for single-channel over multi-channel television technologies, and (4) the preference for incumbents over new entrants and new technologies. I then analyze each of these commitments in light of what is perhaps the most distinctive feature of the television industry, which is the fact that its cost …


Access To Networks: Economic And Constitutional Connections, Daniel F. Spulber, Christopher S. Yoo Jan 2003

Access To Networks: Economic And Constitutional Connections, Daniel F. Spulber, Christopher S. Yoo

All Faculty Scholarship

A fundamental transformation is taking place in the basic approach to regulating network industries. Policy makers are in the process of abandoning their century-old commitment to rate regulation in favor of a new regulatory approach known as access regulation. Rather than controlling the price of outputs, the new approach focuses on compelling access to and mandating the price of inputs. Unfortunately, this shift in regulatory policy has not been met with an accompanying shift in the manner in which regulatory authorities regulate prices. Specifically, policy makers have continued to base rates on either historical or replacement cost. We argue that …


The Demise Of The Information Superhighway, Michael Botein Jan 2003

The Demise Of The Information Superhighway, Michael Botein

Articles & Chapters

No abstract provided.


Network Neutrality, Broadband Discrimination, Tim Wu Jan 2003

Network Neutrality, Broadband Discrimination, Tim Wu

Faculty Scholarship

Communications regulators over the next decade will spend increasing time on conflicts between the private interests of broadband providers and the public's interest in a competitive innovation environment centered on the Internet. As the policy questions this conflict raises are basic to communications policy, they are likely to reappear in many different forms. So far, the first major appearance has come in the "open access" (or "multiple access") debate, over the desirability of allowing vertical integration between Internet Service Providers and cable operators. Proponents of open access see it as a structural remedy to guard against an erosion of the …


Toward A Next Generation Regulatory Strategy, Philip J. Weiser Jan 2003

Toward A Next Generation Regulatory Strategy, Philip J. Weiser

Publications

The FCC is now facing a set of issues that will help shape the future evolution of the Internet and the role of government in its development. In particular, the FCC is in the midst of designing a regulatory regime for broadband platforms. To do so, the FCC must decide both on the appropriate regulatory classification for such platforms and what legal rules (if any) should govern access to such platforms. This Article explains how the FCC, using its "ancillary jurisdiction" authority under Title I of the Communications Act, can develop a reactive regulatory regime that examines allegations of discriminatory …


Cooperative Federalism And Its Challenges, Philip J. Weiser Jan 2003

Cooperative Federalism And Its Challenges, Philip J. Weiser

Publications

No abstract provided.


Regulatory Challenges And Models Of Regulation, Philip J. Weiser Jan 2003

Regulatory Challenges And Models Of Regulation, Philip J. Weiser

Publications

No abstract provided.


Legal Research In Mass Communication, Erik Ugland, Everette E. Dennis, Donald M. Gillmor Dec 2002

Legal Research In Mass Communication, Erik Ugland, Everette E. Dennis, Donald M. Gillmor

Erik Ugland

No abstract provided.