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Articles 1 - 28 of 28
Full-Text Articles in Law
Bioethics And Law: Between Values And Rules, Cinzia Piciocchi
Bioethics And Law: Between Values And Rules, Cinzia Piciocchi
Indiana Journal of Global Legal Studies
Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.
The Concept Of Statutory Law In Eu Perspective, Francesico Bilancia
The Concept Of Statutory Law In Eu Perspective, Francesico Bilancia
Indiana Journal of Global Legal Studies
Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.
Comment: Autonomy And The Public-Private Distinction In Bioethics And Law, Susan H. Williams
Comment: Autonomy And The Public-Private Distinction In Bioethics And Law, Susan H. Williams
Indiana Journal of Global Legal Studies
Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.
Back To Government? Reregulating British Railways, Peter Leyland
Back To Government? Reregulating British Railways, Peter Leyland
Indiana Journal of Global Legal Studies
Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.
American Constitutional Fantasies: Escape From Difference Through Escape From Government, David C. Williams
American Constitutional Fantasies: Escape From Difference Through Escape From Government, David C. Williams
Indiana Journal of Global Legal Studies
Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.
Securing The Freedom Of The Communications Revolution, Michael K. Powell
Securing The Freedom Of The Communications Revolution, Michael K. Powell
Federal Communications Law Journal
No abstract provided.
Digital Crossroads, Kathleen Wallman
Digital Crossroads, Kathleen Wallman
Federal Communications Law Journal
Book Review: Digital Crossroads: American Telecommunications Policy in the Internet Age, Jonathan E. Nuechterlein & Philip J. Weiser, Cambridge, Mass., MIT Press, 2005, 670 pages.
A review of Digital Crossroads: American Telecommunications Policy in the Internet Age, by Jonathan E. Nuechterlein and Philip J. Weiser, MIT Press, 2005. Most practitioners of communications law are familiar with the necessity of teaching themselves enough economics, engineering, and politics to practice competently and comfortably in an area that is inherently interdisciplinary. Likewise, many professors who teach telecommunications from a variety of disciplinary perspectives are familiar with the frustration of locating a text that …
New Objectives For Cfius: Foreign Ownership, Critical Infrastructure, And Communications Interception, James A. Lewis
New Objectives For Cfius: Foreign Ownership, Critical Infrastructure, And Communications Interception, James A. Lewis
Federal Communications Law Journal
Global economic integration creates new risks for national security. Foreign ownership of telecommunications service providers is an area of expanding concern. Foreign ownership could multiply opportunities for espionage by increasing foreign entities' access to U.S. communications and networks as well as increasing the complexity of defenders' tasks. Foreign ownership could make law enforcement communications interception more difficult. Foreign ownership could also increase the ability of a potential opponent to disrupt critical infrastructure and the services the foreign-controlled entities provide. These concerns create interest in improving existing processes for managing the risks associated with foreign ownership--such responsibility principally lies with the …
Looking Beyond The Digital Divide, Yolanda D. Edwards
Looking Beyond The Digital Divide, Yolanda D. Edwards
Federal Communications Law Journal
Book Review: Digital Nation: Toward an Inclusive Information Society, Anthony G. Wilhelm, Cambridge, Mass., MIT Press, 2004, 184 pages.
A review of Anthony G. Wilhelm's Digital Nation: Toward an Inclusive Information Society, MIT Press, 2004. An important attempt to frame the debate about the importance of technological literacy, this book explores world-wide successes and failures to bring technology to the masses and provides a plan to accomplish it in the United States.
State Regulatory Approaches To Voip: Policy, Implementation, And Outcome, Robert Cannon
State Regulatory Approaches To Voip: Policy, Implementation, And Outcome, Robert Cannon
Federal Communications Law Journal
This Article explores the many perspectives on Voice over Internet Protocol ("VoIP"). The notion of the Article is not to resolve the definitive approach to VolP. Rather, this Article suggests that the process of the approach has itself become muddled. Individuals quibble, contrasting the superiority of one perspective over another, negating the reason why they were looking in the first place. This Article is the second part of a project to survey and analyze state VoIP policy. The first part of the project surveyed state VolP regulatory activity. This part seeks to place that precedent in a centrifuge, segregating out …
Homeland Security And Wireless Telecommunications: The Continuing Evolution Of Regulation, Christopher Guttman-Mccabe, Amy Mushahwar, Patrick Murck
Homeland Security And Wireless Telecommunications: The Continuing Evolution Of Regulation, Christopher Guttman-Mccabe, Amy Mushahwar, Patrick Murck
Federal Communications Law Journal
Since the grant of the first Commercial Mobile Radio Service ("CMRS") license over twenty years ago, the wireless industry has grown from a service of convenience to one that is indispensable. What once was a device used for sporadic phone calls now is viewed by many Americans as a source of invaluable communication and security. As the wireless industry matured, government officials turned to the mobile phone as a way to make the United States safer. E-9 11, the Communications Assistance for Law Enforcement Act ("CALEA"), Wireless Priority Service ("WPS"), and Outage Reporting all were initiated on the wireless platform …
Virginia Cellular And Highland Cellular: The Fcc Establishes A Framework For Eligible Telecommunications Carrier Designation In Rural Study Areas, Mark C. Bannister
Virginia Cellular And Highland Cellular: The Fcc Establishes A Framework For Eligible Telecommunications Carrier Designation In Rural Study Areas, Mark C. Bannister
Federal Communications Law Journal
In 1996, Congress passed the first substantial rework of the Communications Act of 1934. This Act was intended to benefit consumers by encouraging competition and establishing a series of explicit mechanisms for assuring universal service. One of the outcomes is the creation of significant controversy over the federal, and in some cases, state universal service subsidy for the class of telecommunications providers typically known as wireless or cellular and defined by federal statute as "commercial mobile radio service" ("CMRS"). Incumbent local exchange carriers ("ILECs") characterize these subsidies as a windfall and as unnecessary to provide wireless phone service. They argue …
Navigating Communications Regulation In The Wake Of 9/11, Jamie S. Gorelick, John H. Harwood Ii, Heather Zachary
Navigating Communications Regulation In The Wake Of 9/11, Jamie S. Gorelick, John H. Harwood Ii, Heather Zachary
Federal Communications Law Journal
In no industry has the impact of the events of September 11, 2001 ("9/11") been felt more strongly than in the communications industry. After 9/11, as the American people demanded a greater sense of security, Congress and the executive branch agencies reacted with new laws, new regulations, and new practices designed to protect our nation's critical communications infrastructure and enhance the ability of law enforcement and intelligence agencies to investigate those who would do us harm. The U.S. communications providers could do so consistent with their responsibilities to customers and to shareholders. That partnership, based upon rules developed over decades, …
Treaties As Laws: A Defense Of The Last-In-Time Rule For Treaties And Federal Statutes, Julian G. Ku
Treaties As Laws: A Defense Of The Last-In-Time Rule For Treaties And Federal Statutes, Julian G. Ku
Indiana Law Journal
For nearly 150 years, courts have applied the "last-in-time" rule to resolve conflicts between treaties and federal statutes by giving effect to whichever was enacted later in time. Despite its acceptance by the courts, this rule has received unanimous criticism in the legal academy. In this article, I present the first comprehensive defense of the last-in-time rule on textual, structural, historical, and functional grounds. I argue that the last-in-time rule should be applied because the text of the Constitution grants treaties the status of enacted domestic law. As such, treaties are subject to the principle of statutory construction, leges posteriors …
Communications Policy For The Next Four Years, Conrad Burns
Communications Policy For The Next Four Years, Conrad Burns
Federal Communications Law Journal
No abstract provided.
Universal Service: Problems, Solutions, And Responsive Policies, Allen S. Hammond Iv
Universal Service: Problems, Solutions, And Responsive Policies, Allen S. Hammond Iv
Federal Communications Law Journal
No abstract provided.
Convergence And Competition-At Last, Antoinette Cook Bush, John Beahn, Mick Tuesley
Convergence And Competition-At Last, Antoinette Cook Bush, John Beahn, Mick Tuesley
Federal Communications Law Journal
No abstract provided.
The Broadcast Flag: It's Not Just Tv, Wendy Seltzer
The Broadcast Flag: It's Not Just Tv, Wendy Seltzer
Federal Communications Law Journal
No abstract provided.
The 2005 Communications Act Of Unintended Consequences, Daniel Brenner
The 2005 Communications Act Of Unintended Consequences, Daniel Brenner
Federal Communications Law Journal
No abstract provided.
Four More Years... Of The Status Quo? How Simple Principles Can Lead Us Out Of The Regulatory Wilderness, Adam Thierer
Four More Years... Of The Status Quo? How Simple Principles Can Lead Us Out Of The Regulatory Wilderness, Adam Thierer
Federal Communications Law Journal
No abstract provided.
My Beef With Big Media: How Government Protects Big Media-And Shuts Out Upstarts Like Me., Ted Turner
My Beef With Big Media: How Government Protects Big Media-And Shuts Out Upstarts Like Me., Ted Turner
Federal Communications Law Journal
No abstract provided.
Recent Developments In Program Content Regulation, Richard E. Wiley, Lawrence W. Secrest
Recent Developments In Program Content Regulation, Richard E. Wiley, Lawrence W. Secrest
Federal Communications Law Journal
No abstract provided.
Time For Change On Media Cross-Ownership Regulation, John F. Sturm
Time For Change On Media Cross-Ownership Regulation, John F. Sturm
Federal Communications Law Journal
No abstract provided.
Innovation Policy In Telecommunications: Revisiting The Successes Of Guglielmo Marconi, John M. Williamson
Innovation Policy In Telecommunications: Revisiting The Successes Of Guglielmo Marconi, John M. Williamson
Federal Communications Law Journal
Book Review: Signor Marconi's Magic Box: The Most Remarkable Invention of the 19th Century & the Amateur Inventor Whose Genius Sparked a Revolution, Gavin Weightman, Cambridge, Mass.: Da Capo Press, 2003, 312 pages.
A review of Gavin Weightman's Signor Marconi's Magic Box, Da Capo Press, 2003. An entertaining and informative biography of the inventor of applied wireless communications, this book also gives practical insight into the effect of patent policy on innovation. The Marconi story parallels the challenges faced by today's telecommunications innovators and offers a significant historical perspective relevant to present-day debates over the direction of innovation policy and …
The Contrasting Policies Of The Fcc And Ferc Regarding The Importance Of Open Transmission Networks In Downstream Competitive Markets, Harvey Reiter
The Contrasting Policies Of The Fcc And Ferc Regarding The Importance Of Open Transmission Networks In Downstream Competitive Markets, Harvey Reiter
Federal Communications Law Journal
The Federal Energy Regulatory Commission ("FERC") and the Federal Communications Commission ("FCC") have undergone a remarkable role reversal. After years of resistance to the very notion of competition in the electric and gas industries, FERC has, with considerable vigor and consistency spanning nearly two decades, promoted policies to open access both to gas pipeline and high voltage electric transmission networks to downstream competitors of the network owners. FERC has stated plainly and repeatedly that the underpinning of these policies is that open access is essential to the protection of competition in the sale of the largely deregulated services reliant upon …
Broadcast Flags And The War Against Digital Television Piracy: A Solution Or Dilemma For The Digital Era?, Debra Kaplan
Broadcast Flags And The War Against Digital Television Piracy: A Solution Or Dilemma For The Digital Era?, Debra Kaplan
Federal Communications Law Journal
With the advent of digital TV, many homes in the U.S. are now on the cutting edge of what is likely to be a sea change in how this country watches TV. While these homes can now begin to enjoy the numerous benefits of the technology, regulators and industry experts are working to craft responses to problems, both actual and anticipated, that the technology creates. Mindful of the piracy issues that came with the popularity of digital file formats in the music industry, the FCC addressed piracy in the digital TV context by endorsing the use of "broadcast flags" on …
The Language Of Higher Education Assessment: Legislative Concerns In A Global Context, Bonnie Urciuoli
The Language Of Higher Education Assessment: Legislative Concerns In A Global Context, Bonnie Urciuoli
Indiana Journal of Global Legal Studies
Globalization and Education Symposium
Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report (Introduction And Participants)
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.