Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Crossed Signals In A Wireless World: The Seventh Circuit’S Misapplication Of The Complete Preemption Doctrine, Matthew J. Kleiman
Crossed Signals In A Wireless World: The Seventh Circuit’S Misapplication Of The Complete Preemption Doctrine, Matthew J. Kleiman
Duke Law & Technology Review
As the number of wireless telephone users continues to proliferate, so does the number of lawsuits against wireless service providers. While consumers seek to utilize various consumer-friendly state law causes of action, the wireless industry continues to push for a uniform federal regulatory regime. Ambiguous language in the Federal Communications Act of 1934 ("FCA") and disagreement among the federal circuits has led to much confusion over whether state law claims affecting wireless rates and market entry are removable to federal court by way of "complete preemption." This iBrief argues that FCA's preemption power is limited by its savings clause, failure …
Wireless Local Number Portability: New Rules Will Have Broad Effects, Stephen M. Kessing
Wireless Local Number Portability: New Rules Will Have Broad Effects, Stephen M. Kessing
Duke Law & Technology Review
After a delay of over seven years, wireless local number portability rules ("WLNP") finally went into effect on November 24, 2003. These rules, promulgated by the Federal Communications Commission, allow wireless subscribers to change service providers within a given location while retaining the same phone number. The rules also allow consumers to transfer a land-based telephone number to a cellular provider. These new choices will likely have a significant impact on the wireless industry and increase competition in an already intense playing field. This iBrief provides a summary of the new rules, looks at the history and litigation, and predicts …
Investigating Terrorism: The Role Of The First Amendment, Amy E. Hooper
Investigating Terrorism: The Role Of The First Amendment, Amy E. Hooper
Duke Law & Technology Review
This iBrief discusses the constitutionality of a government policy enacted shortly after September 11, 2001 that denies public access to deportation hearings in cases allegedly bearing some connection to terrorism. This ibrief discusses two Circuit Courts of Appeals decisions on the issue and argues that this policy is unconstitutional.