Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 6 of 6

Full-Text Articles in Law

Podcast: Talk America Inc. V. Michigan Bell Telephone Company, Daniel Lyons Jul 2011

Podcast: Talk America Inc. V. Michigan Bell Telephone Company, Daniel Lyons

Daniel Lyons

No abstract provided.


Podcast: Is Net Neutrality A Virtual Taking?, Daniel Lyons Apr 2011

Podcast: Is Net Neutrality A Virtual Taking?, Daniel Lyons

Daniel Lyons

No abstract provided.


Virtual Takings: The Coming Fifth Amendment Challenge To Net Neutrality Regulation, Daniel Lyons Jan 2011

Virtual Takings: The Coming Fifth Amendment Challenge To Net Neutrality Regulation, Daniel Lyons

Daniel Lyons

“Net neutrality” refers to the principle that broadband providers should not limit the content and applications available over the Internet. Long a rallying cry of techies and academics, it has become one of the central pillars of the Obama Administration’s telecommunications policy. The Federal Communications Commission’s efforts to regulate the “onramp to the Internet” have attracted significant attention from the telecommunications industry and the academic community, which have debated whether the proposed restrictions violate broadband providers’ First Amendment rights. But there is an additional constitutional implication of net neutrality that has not yet been sufficiently addressed in the scholarly literature: …


Tethering The Administrative State: The Case Against Chevron Deference For Fcc Jurisdictional Claims, Daniel Lyons Dec 2010

Tethering The Administrative State: The Case Against Chevron Deference For Fcc Jurisdictional Claims, Daniel Lyons

Daniel Lyons

Like many other agencies, the Federal Communications Commission has seen significant regulatory growth under President Obama. But unlike health care, financial reform, and other areas, this growth has come without statutory guidance from Congress. The FCC’s assertion of jurisdiction over broadband service is reminiscent of its earlier attempts to regulate cable and to deregulate telephone service, efforts that courts have viewed skeptically in the absence of specific statutory authorization. But this skepticism is in tension with Chevron, which grants agencies substantial deference to interpret ambiguities in the statutes that they administer. This article argues that Chevron deference should not extend …


Title Insurance Law, Joyce Palomar Dec 2010

Title Insurance Law, Joyce Palomar

Joyce Palomar

No abstract provided.


Editor-In-Chief Of The Journal Of The Copyright Society Of The U.S.A. For 2011-15, Joseph Liu Dec 2010

Editor-In-Chief Of The Journal Of The Copyright Society Of The U.S.A. For 2011-15, Joseph Liu

Joseph P. Liu

Appointed Editor-in-Chief of peer-reviewed academic journal focusing on copyright law.