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- CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015) (27)
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Articles 1 - 30 of 73
Full-Text Articles in Law
Cookie Monster: Balancing Internet Privacy With Commerce, Technology And Terrorism, Nichoel Forrett
Cookie Monster: Balancing Internet Privacy With Commerce, Technology And Terrorism, Nichoel Forrett
Touro Law Review
No abstract provided.
First Amendment Decisions - 2002 Term, Joel Gora
First Amendment Decisions - 2002 Term, Joel Gora
Touro Law Review
No abstract provided.
Tragedy Of The Regulatory Commons: Lightsquared And The Missing Spectrum Rights, Thomas W. Hazlett, Brent Skorup
Tragedy Of The Regulatory Commons: Lightsquared And The Missing Spectrum Rights, Thomas W. Hazlett, Brent Skorup
Duke Law & Technology Review
The endemic underuse of radio spectrum constitutes a tragedy of the regulatory commons. Like other common interest tragedies, the outcome results from a legal or market structure that prevents economic actors from executing socially efficient bargains. In wireless markets, innovative applications often provoke claims by incumbent radio users that the new traffic will interfere with existing services. Sometimes these concerns are mitigated via market transactions, a la “Coasian bargaining.” Other times, however, solutions cannot be found even when social gains dominate the cost of spillovers. In the recent “LightSquared debacle,” such spectrum allocation failure played out. GPS interests that access …
The Ip Transition And The Need For Common Carrier Regulation, Nicholas Kokkinos
The Ip Transition And The Need For Common Carrier Regulation, Nicholas Kokkinos
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
The Uhf Discount And The National Television Ownership Rule: “This I Tell You, Brother: You Can’T Change One Without The Other”, Bill Durdach
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
Volume 23 Masthead
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
The Procrustean Problem With Prescriptive Regulation, Maureen K. Ohlhausen
The Procrustean Problem With Prescriptive Regulation, Maureen K. Ohlhausen
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
Section 10 Forbearance: Asking The Right Questions To Get The Right Answers, George S. Ford, Lawrence J. Spiwak
Section 10 Forbearance: Asking The Right Questions To Get The Right Answers, George S. Ford, Lawrence J. Spiwak
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
The Telecommunications Act of 1996 aimed to “provide for a pro-competitive, de-regulatory national policy framework designed to accelerate rapidly private sector deployment of advanced telecommunications and information technologies and services to all Americans….” Key to the Federal Communication Commission’s ability to satisfy this deregulatory mandate is Section 10 of the 1996 Act which provides the agency with express legal authority to forbear from enforcing certain portions of the Communications Act. In this paper, we use the agency’s Phoenix Forbearance Order as a template for outlining how the Commission can improve its forbearance analysis. Our analysis focuses on forbearance from the …
Surfing For Protection: Why Websites Should Be Categorically Excluded From Trade Dress Protection, Matt Mikels
Surfing For Protection: Why Websites Should Be Categorically Excluded From Trade Dress Protection, Matt Mikels
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
Protecting The Free Flow Of Information: Federal Shield Laws In The Digital Age, Arielle Giordano
Protecting The Free Flow Of Information: Federal Shield Laws In The Digital Age, Arielle Giordano
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
The Evolution Of Innovation And The Evolution Of Regulation: Emerging Tensions And Emerging Opportunities In Communications, Larry Downes, John W. Mayo
The Evolution Of Innovation And The Evolution Of Regulation: Emerging Tensions And Emerging Opportunities In Communications, Larry Downes, John W. Mayo
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
Guarding Against Abuse: The Costs Of Excessively Long Copyright Terms, Derek Khanna
Guarding Against Abuse: The Costs Of Excessively Long Copyright Terms, Derek Khanna
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
Foreign Affairs And First Amendment Rights: Office Of Foreign Assets Control Prohibits Abc's Pan American Games Broadcast. Capital Cities/Abc, Inc. V. Brady, 740 F. Supp. 1007 (S.D.N.Y. June 29, 1990), Allison Sanford
Georgia Journal of International & Comparative Law
No abstract provided.
European Unification - Broadcasting Law - Eastern Europe And The "Television Without Frontiers" Directive: Radio Freed Europe - Can Television Unify It?, Christopher B. Scott
European Unification - Broadcasting Law - Eastern Europe And The "Television Without Frontiers" Directive: Radio Freed Europe - Can Television Unify It?, Christopher B. Scott
Georgia Journal of International & Comparative Law
No abstract provided.
Remaking The Pen Mightier Than The Sword: An Evaluation Of The Growing Need For The International Protection Of Journalists, Dylan Howard
Remaking The Pen Mightier Than The Sword: An Evaluation Of The Growing Need For The International Protection Of Journalists, Dylan Howard
Georgia Journal of International & Comparative Law
No abstract provided.
Sexting Prosecutions: Minors As A Protected Class From Child Pornography Charges, Sarah Thompson
Sexting Prosecutions: Minors As A Protected Class From Child Pornography Charges, Sarah Thompson
University of Michigan Journal of Law Reform Caveat
"Firt love is only a little foolishness and a lot of curiosity." -- George Bernard Shaw Teenagers will explore their sexuality; this is no new phenomenon. However, the ways that teens are exploring their curiosity is changing with technology. This trend has serious repercussions for teens, society, and the law. ‘Sexting’—defined as the act of sending sexually explicit photographs or messages via cell phone—is one recently-developed means of sexual exploration. The practice overlaps with the production, distribution, and possession of child pornography that is banned by both state and federal law. Due to the overlap, minors have been prosecuted under …
Voice Over Internet Protocol: An International Approach To Regulation, Jimar Sanders
Voice Over Internet Protocol: An International Approach To Regulation, Jimar Sanders
Georgia Journal of International & Comparative Law
No abstract provided.
Who's Checking?: Taking A Look At Recently Enacted Foreign Intelligence Surveillance Laws In The United States And Zimbabwe And Their Impact On The Separation Of Powers, Andrew M. O'Connell
Who's Checking?: Taking A Look At Recently Enacted Foreign Intelligence Surveillance Laws In The United States And Zimbabwe And Their Impact On The Separation Of Powers, Andrew M. O'Connell
Georgia Journal of International & Comparative Law
No abstract provided.
Media Ownership Regulations: A Comparative Perspective, Enrique Armijo
Media Ownership Regulations: A Comparative Perspective, Enrique Armijo
Georgia Journal of International & Comparative Law
No abstract provided.
Market Definition And The Economic Effects Of Special Access Price Regulation, T. Randolph Beard, Lawrence J. Spiwak Esq., George S. Ford Phd
Market Definition And The Economic Effects Of Special Access Price Regulation, T. Randolph Beard, Lawrence J. Spiwak Esq., George S. Ford Phd
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
Market definition is an essential ingredient to competitive and regulatory analysis. Yet, there is significant disparity regarding the definition of the relevant geographic market for high-capacity circuits, commonly referred to as Special Access services. Given the present debate over expanding price regulation in this sector, the importance of market definition on the expected economic effects of regulation is worth evaluating. In this article, we demonstrate that if geographic markets are “location specific” and supplied by a monopolist as the proponents of regulation claim, then price regulation reduces economic welfare in all instances. That is, even with monopoly supply, regulation offers …
Selected Docket And Legislative Summaries, 2014
Selected Docket And Legislative Summaries, 2014
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
Equalizing Webcasting Licensing Schemes: The Internet Radio Fairness Act And The Future Of Internet Radio, Abbi Hutcherson
Equalizing Webcasting Licensing Schemes: The Internet Radio Fairness Act And The Future Of Internet Radio, Abbi Hutcherson
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
Aereo: Cutting The Cord Or Splitting The Circuit?, Julie Borna
Aereo: Cutting The Cord Or Splitting The Circuit?, Julie Borna
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
Technology In The Courtroom: Promoting Transparency Or Destroying Solemnity?, Emily Ittner
Technology In The Courtroom: Promoting Transparency Or Destroying Solemnity?, Emily Ittner
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
Restoring Foia's Reach To The National Security Council, Andrew Yingling
Restoring Foia's Reach To The National Security Council, Andrew Yingling
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
Taxing And Regulating Bitcoin: The Government's Game Of Catch Up, Patrick Mcleod
Taxing And Regulating Bitcoin: The Government's Game Of Catch Up, Patrick Mcleod
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
Reactions Of Broadband Service Providers To The Growth Of Video Streaming, John Meisel
Reactions Of Broadband Service Providers To The Growth Of Video Streaming, John Meisel
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
Finding The Lost Involuntary Public Figure, Jeffrey Omar Usman
Finding The Lost Involuntary Public Figure, Jeffrey Omar Usman
Utah Law Review
This Article follows Aristotle’s guidance that “[i]f you would understand anything, observe its beginning and its development.” That is precisely how the discussion in this Article begins in Part I, through observation of the beginning and development of the Supreme Court’s jurisprudence on the constitutional limitations imposed upon defamation actions under the First Amendment to the United States Constitution. Part II of the Article then briefly sets forth the constitutional framework that the Supreme Court imposed in 1974 on defamation actions in Gertz v. Robert Welch, Inc. The Article then addresses in Part III how the pressures of the First …
Aggregating Defendants, Greg Reilly
Aggregating Defendants, Greg Reilly
Florida State University Law Review
No procedural topic has garnered more attention in the past fifty years than the class action and aggregation of plaintiffs. Yet, almost nothing has been written about aggregating defendants. This topic is of increasing importance. Recent efforts by patent “trolls” and Bit-Torrent copyright plaintiffs to aggregate unrelated defendants for similar but independent acts of infringement have provoked strong opposition from defendants, courts, and even Congress. The visceral resistance to defendant aggregation is puzzling. The aggregation of similarly situated plaintiffs is seen as creating benefits for both plaintiffs and the judicial system. The benefits that justify plaintiff aggregation also seem to …
The Evolving Landscape Of Tcpa Consent Standards And Ways To Minimize Risk, Misa K. Bretschneider
The Evolving Landscape Of Tcpa Consent Standards And Ways To Minimize Risk, Misa K. Bretschneider
Washington Journal of Law, Technology & Arts
Given the exponential growth in mobile phone usage, more businesses are adopting mobile communication strategies to engage with existing and potential customers. With 97% of all mobile marketing text messages being opened by their intended recipients, mobile text message marketing is both effective and lucrative. However, businesses must ensure that such messages comply with the Telephone Consumer Protection Act (TCPA), which generally prohibits sending unsolicited commercial text messages. Indeed, TCPA litigation has become the recent darling of class action lawyers due to uncapped statutory damages and is sure to increase with the heightened consent regulations promulgated by the Federal Communications …