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Full-Text Articles in Law
T-Mobile Usa Inc. V. Department Of Finance For Baltimore City: What The Latest Salvo In Disproportional Cellular Phone Taxation Means For The Future, Daniel P. Slowey
T-Mobile Usa Inc. V. Department Of Finance For Baltimore City: What The Latest Salvo In Disproportional Cellular Phone Taxation Means For The Future, Daniel P. Slowey
Duke Law & Technology Review
Seventeen percent of the average monthly cellular phone bill in 2004 was comprised of federal, state, and local taxes. As the number of wireless subscribers across the nation continues to increase, states, cities, and counties are increasingly seizing upon cellular taxation as a panacea for budget shortfalls. The Maryland Tax Court’s recent decision in T-Mobile USA, Inc. v. Department of Finance for Baltimore City held state and county taxes on the sale of individual cellular lines as legal excise taxes rather than illegal sales taxes. This iBrief will highlight the origins of telecommunications taxation, examine the ruling in T-Mobile in …
When Is Employee Blogging Protected By Section 7 Of The Nlra?, Katherine M. Scott
When Is Employee Blogging Protected By Section 7 Of The Nlra?, Katherine M. Scott
Duke Law & Technology Review
The National Labor Relations Act forbids employers from retaliating against certain types of employee speech or intimidating those who engage in it. This iBrief examines how blogging fits into the current statutory framework and recommends how the National Labor Relations Board and the courts should address the unique features of employee blogs.
The Constitutionality Of Wipo’S Broadcasting Treaty: The Originality And Limited Times Requirements Of The Copyright Clause, Adam R. Tarosky
The Constitutionality Of Wipo’S Broadcasting Treaty: The Originality And Limited Times Requirements Of The Copyright Clause, Adam R. Tarosky
Duke Law & Technology Review
Because the proposed WIPO Broadcasting Treaty extends perpetual copyright-like protections to unoriginal information, its implementation would violate at least two fundamental limitations on Congress’s Copyright Clause power: the originality and "limited times" requirements. But Congress has a trump card--the Commerce Clause. This iBrief argues that to give proper effect to the limitations of the Copyright Clause, Congress should not be allowed to implement copyright-like legislation under the less restrictive Commerce Clause.
The End Of Net Neutrality, William G. Laxton Jr.
The End Of Net Neutrality, William G. Laxton Jr.
Duke Law & Technology Review
In 2005, the FCC changed the competitive landscape of the high-speed Internet access industry by classifying both DSL and cable modem service as "information services." While many hail this move as a victory for competition and free markets, others fear the ruling could jeopardize the future of the Internet. This iBrief examines the potential end of "net neutrality" and concludes that new federal regulations are unnecessary because antitrust laws and a competitive marketplace will provide consumers with sufficient protection.
Shielding Journalist-“Bloggers”: The Need To Protect Newsgathering Despite The Distribution Medium, Laura Durity
Shielding Journalist-“Bloggers”: The Need To Protect Newsgathering Despite The Distribution Medium, Laura Durity
Duke Law & Technology Review
The failure to agree on a sufficiently narrow definition of "journalist" has stalled efforts to enact a federal shield law to legally protect reporter-source communications from compelled disclosure in federal court. The increasing use of the Internet in news coverage and the greater reliance by the public on the Internet as a news source creates further problems as to who should qualify for federal shield law protection. This iBrief argues that a functional definition of "journalist" can be created to shield journalists from compelled source disclosure so as to protect the free flow of information to the public, but limits …
Protecting Intellectual Property In The Developing World: Next Stop—Thailand, Cortney M. Arnold
Protecting Intellectual Property In The Developing World: Next Stop—Thailand, Cortney M. Arnold
Duke Law & Technology Review
This iBrief examines the U.S. strategy for strengthening the protection of intellectual property rights (IPRs) in Southeast Asia through the use of free trade agreements (FTAs). After briefly examining the U.S. methodology for strengthening IPRs outside the U.S., this iBrief predicts that the intellectual property provisions in the final text of the U.S.-Thailand FTA, which is currently being negotiated, will be very similar to the provisions in previous FTAs that the United States has negotiated with other developing countries.
Mining The Common Heritage Of Our Dna: Lessons Learned From Grotius And Pardo, Jasper A. Bovenberg
Mining The Common Heritage Of Our Dna: Lessons Learned From Grotius And Pardo, Jasper A. Bovenberg
Duke Law & Technology Review
The Human Genome Project generated oceans of DNA sequence data and spurred a multinational race to grab the bounties of these oceans. In response to these DNA property grabs, UNESCO, drawing upon international law precedents addressing analogous grabs in the past, declared the Human Genome the heritage of humanity. The UNESCO Declaration provided, first, that the heritage shall not, in its natural state, give rise to financial gains and, second, that countries establish an international framework to make the benefits from genome research available to all. This iBrief will first examine Grotius’s Mare Liberum to determine whether international law precedent …
When Discrimination Is Good: Encouraging Broadband Internet Investment Without Content Neutrality, Christopher E. Fulmer
When Discrimination Is Good: Encouraging Broadband Internet Investment Without Content Neutrality, Christopher E. Fulmer
Duke Law & Technology Review
Cable television and traditional telephone companies are increasingly offering the same set of services: telephone, television, and broadband Internet access. Competition between these two types of companies would ordinarily require them to improve these services, but unless broadband providers have the ability to discriminate on the basis of content and charge Internet video providers that compete with their own video services, the growth of the Internet will be stunted, as broadband providers will not improve the capacity of their networks.
Internet Sales Taxes From Borders To Amazon: How Long Before All Of Your Purchases Are Taxed?, Walter J. Baudier
Internet Sales Taxes From Borders To Amazon: How Long Before All Of Your Purchases Are Taxed?, Walter J. Baudier
Duke Law & Technology Review
What so many internet consumers believe to be tax-free is actually subject to a state use tax. Faced with pressure from states that realize very little of the use tax owed, many online retailers, such as Wal-mart, "voluntarily" collect sales taxes from their customers. But a recent California Appeals Court decision, Borders Online v. State Board of Equalization, could mark a shift towards more prevalent, if not universal, taxation of internet retail.
Fighting Terrorism In An Electronic Age: Does The Patriot Act Unduly Compromise Our Civil Liberties?, Christopher P. Raab
Fighting Terrorism In An Electronic Age: Does The Patriot Act Unduly Compromise Our Civil Liberties?, Christopher P. Raab
Duke Law & Technology Review
The USA PATRIOT Act is tremendously controversial, both lauded by law enforcement and decried by civil liberties groups. This iBrief considers two of the Act's communications monitoring provisions, concluding that each compromises civil liberties to a greater degree than is necessary to combat terrorism. Accordingly, Congress should revise the USA PATRIOT Act, bringing it into line with the Constitution.
Anti-Employer Blogging: Employee Breach Of The Duty Of Loyalty And The Procedure For Allowing Discovery Of A Blogger’S Identity Before Service Of Process Is Effected, Konrad Lee
Duke Law & Technology Review
The rapid rise in anonymous anti-employer internet blogs by disgruntled employees has created a tension between the liberty interests of employees in free speech and privacy and employers' rights to be free from defamation, disparagement and disclosure of confidential information by an employee. This iBrief argues that the anonymity of anti-employer bloggers should not shield employees from breach of the duty of loyalty claims under tort and contract law, and that Congress should enact rules to govern the disclosure of blogger identity.
Completing The Connection: Achieving Universal Service Through Municipal Wi-Fi, K. Joon Oh
Completing The Connection: Achieving Universal Service Through Municipal Wi-Fi, K. Joon Oh
Duke Law & Technology Review
The federal universal service scheme is designed to ensure that everyone has affordable access to advanced telecommunications and information services. Despite the development of cost-effective technologies that drastically reduce the cost of telephone services vis-à-vis the Internet and Wi-Fi networks, federal regulations generally prevent municipalities or private companies from providing wireless Internet access with universal service funds. Federal regulations have replaced technology costs, lack of business incentives, and consumer affordability as the primary barrier to universal service. Competitive neutrality, the pro-competitive and technology-neutral approach to universal service funding, must be fully embraced in order to empower local communities with the …