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Articles 31 - 39 of 39

Full-Text Articles in Law

Cap-Sized: How The Promise Of The Price Cap Voyage To Competition Was Lost In A Sea Of Good Intentions, Gregory J. Vogt Mar 1999

Cap-Sized: How The Promise Of The Price Cap Voyage To Competition Was Lost In A Sea Of Good Intentions, Gregory J. Vogt

Federal Communications Law Journal

This Article explores the Federal Communication Commission’s efforts to regulate into being marketplace economic forces through price cap regulation. A comprehensive analysis of the history and policies behind price cap regulation of LECs offers guidance for the future. Ultimately, while progress towards local exchange competition has been made, certain important adjustments should be implemented to allow price caps to achieve their full potential. These changes, consistent with the original theory of price caps, will in turn help speed the transition to competition.


Masthead Vol.51 No.2 (1999) Mar 1999

Masthead Vol.51 No.2 (1999)

Federal Communications Law Journal

No abstract provided.


Whither To Regulate?, Patrick A. Miles Jr. Mar 1999

Whither To Regulate?, Patrick A. Miles Jr.

Federal Communications Law Journal

Book Review: Public Policy Toward Cable Television: The Economics of Rate Controls, by Thomas W. Hazlett and Matthew L. Spitzer, The MIT Press and The AEI Press, 1997, 253 pages.


The First Amendment Case Against Fcc Ip Telephony Regulation, Tuan N. Samahon Mar 1999

The First Amendment Case Against Fcc Ip Telephony Regulation, Tuan N. Samahon

Federal Communications Law Journal

This Comment argues that IP telephony, like handbills and traditional print media, deserves First Amendment protection against FCC regulatory authority. After briefly reviewing the IP telephony phenomenon within the larger context of "digital convergence," the Comment examines the FCC and Supreme Court’s technologically driven First Amendment jurisprudence—particularly, the First Amendment’s conspicuous absence from the IP telephony dialogue, and, correspondingly, the prominence of assurances of regulatory forbearance in Congress, the courts, and the FCC. In response, the Author offers First Amendment content-based and content-neutral arguments against the proposed telephony regulations. At the very least, the affordability and innovation IP telephony offers …


From International Competitive Carrier To The Wto: A Survey Of The Fcc’S International Telecommunications Policy Initiatives 1985-1998, Lawrence J. Spiwak Mar 1999

From International Competitive Carrier To The Wto: A Survey Of The Fcc’S International Telecommunications Policy Initiatives 1985-1998, Lawrence J. Spiwak

Federal Communications Law Journal

No abstract provided.


Playing The Name Game: A Glimpse At The Future Of The Internet Domain Name System, Rebecca W. Gole Mar 1999

Playing The Name Game: A Glimpse At The Future Of The Internet Domain Name System, Rebecca W. Gole

Federal Communications Law Journal

As the Internet continues to expand into the top global medium for commerce, education, and communication, individuals and businesses are racing to claim their own unique Internet address or domain name. Unlike the three-dimensional world, where many entities may share the same name, on the Internet each domain name must be unique. As a result of this uniqueness requirement, a variety of disputes and trademark issues have arisen as individuals and entities compete for lucrative domain names on the Internet market. These disputes have led to the submission of two proposals for the overhaul of the current domain name system. …


Betting On The Net: An Analysis Of The Government’S Role In Addressing Internet Gambling, Stevie A. Kish Mar 1999

Betting On The Net: An Analysis Of The Government’S Role In Addressing Internet Gambling, Stevie A. Kish

Federal Communications Law Journal

The Internet Gambling Prohibition Act represents the U.S. Senate’s response to the development of a new online industry—Internet gambling. While this ban could arguably reduce the dangers associated with Internet gambling, such as fraud and addiction, it can only do so by exacting a substantial cost on principles of federalism. Rather than enacting this federal prohibition, Congress should instead leave the issue of whether Internet gambling should be legalized to the states.


Employer Liability For Employee Online Criminal Acts, Jeffrey S. Nowak Mar 1999

Employer Liability For Employee Online Criminal Acts, Jeffrey S. Nowak

Federal Communications Law Journal

While the computer and Internet have served as the foundation for a more efficient and effective workplace, they have also wreaked havoc on employers. Employees are increasingly using work-related time to enter the Information Superhighway to commit criminal acts upon third parties outside the employer’s business. Can an employer be held liable for such acts when they are committed using the employer’s computer and Internet system? While the doctrine of respondeat superior may shield employers from liability, the theory of negligent retention or supervision may allow injured parties a second bite at the employer liability apple. Because legislatures and courts …


To Net Or Not To Net: Singapore’S Regulation Of The Internet, Sarah B. Hogan Mar 1999

To Net Or Not To Net: Singapore’S Regulation Of The Internet, Sarah B. Hogan

Federal Communications Law Journal

Internet access has become almost commonplace, as has the unfettered exchange of ideas through cyberspace. Several nations, Singapore among them, have attempted to control their citizens’ Internet access in order to preserve and protect a desired national culture. A brief overview of the technological means of Internet censorship reveals a hidden truth: If Singapore truly wishes to become the technological giant of the East, the government will have to sacrifice its desire to control Internet content.