Law Commons^™

Vol. 27, No. 15 (December 13, 2004)

Indiana Law Annotated

No abstract provided.

Vol. 27, No. 14 (December 6, 2004)

Indiana Law Annotated

No abstract provided.

Editor's Note, Jennifer J. Monberg

Federal Communications Law Journal

No abstract provided.

Uberregulation Without Economics: The World Trade Organization's Decision In The U.S.-Mexico Arbitration On Telecommunications Services, General Agreement On Trade In Services, Gats, J. Gregory Sidak, Hal J. Singer

Federal Communications Law Journal

In April 2004, a World Trade Organization ("WTO") arbitration panel found that Mexico had violated its commitments under the Annex on Telecommunications to the General Agreement on Trade in Services ("GATS") by failing to ensure that Telmex, Mexico's largest supplier of basic telecommunications services, provide interconnection to U.S. telecommunications carriers at international settlement rates that were costoriented. The WTO panel deemed long run average incremental cost ("LRAIC") to be the appropriate cost standard for setting settlement rates. Mexico thus became obliged to change its domestic telecommunications regulations or face trade sanctions. The decision is the first WTO arbitration to deal …

An Introduction To Lessigian Thought, Russ Taylor

Federal Communications Law Journal

Book Review: Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity, Lawrence Lessig, New York: Penguin Press, 2004, 306 pages.

A review of Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity by Lawrence Lessig. Lawrence Lessig is a frequent commentator and prolific writer on media and communications topics. His body of work touches copyright issues, radio spectrum policy, media ownership issues, and legal ownership and control of the physical platforms that deliver broadband content. In this 2004 publication, he focuses on copyright policy. …

Masthead Vol.57 No.1 (2004)

Federal Communications Law Journal

No abstract provided.

The Road Not Yet Traveled: Why The Fcc Should Issue Digital Must-Carry Rules For Public Television "First", Andrew D. Cotlar

Federal Communications Law Journal

After having recently adopted a variety of complex decisions concerning the digital television transition, the Federal Communications Commission ("FCC") may be poised in the next year to address the issue of mandatory cable carriage of digital broadcast television signals. In this regard, it may reasonably consider the possibility of crafting digital carriage rules for public television stations first without ruling positively or negatively on carriage of commercial stations. This action may legitimately be based on the unique legislative and factual differences between the noncommercial and commercial service and would be constitutionally permissible. This Article sets forth the legal basis for …

Nonprofit Solicitation Under The Telemarketing Sales Rule, Rita Marie Cain

Federal Communications Law Journal

In 2003, the Federal Trade Commission ("FTC") revised its Telemarketing Sales Rule ("TSR") to establish a national Do-Not-Call Registry for commercial telemarketing. Congress directed the Federal Communications Commission ("FCC") to coordinate its telemarketing regulations under the Telephone Consumer Protection Act ("TCPA") of 1991 to achieve maximum consistency between the two agencies' telemarketing restrictions. Nonprofit solicitation is exempt from the national Do-Not-Call Registry, but is covered by other provisions of the FTC rule. The TSR created a new in-house no-call list requirement and imposed additional restrictions not previously known for nonprofit solicitors. The separate nonprofit provisions of the TSR raise unique …

Vol. 3, No. 01 (December 2004)

Indiana Law Update

No abstract provided.

An Architecture For Spam Regulation, David Dickinson

Federal Communications Law Journal

Junk email, commonly referred to as "spam," is the current scourge of the Internet. In late 2004, unwanted email messages were being delivered at a rate of 12.4 billion per day. The variety of tools used to combat spam have failed to make a significant impact. Legislative efforts, such as the CAN-SPAM Act of 2003, met with substantial enforcement complications. The communications industry responded with a variety of technical advances, such as filters and blacklists, but those innovations are still unable to reliably distinguish between wanted and unwanted messages. Real coordination between legislative and technical spam control tactics has yet …

Competition Versus Regulation: "Mediating Between Right And Right'* In The Wireless And Wireline Telephone Industries, Benjamin Douglas Arden

Federal Communications Law Journal

The wireline telephone industry in the United States is the most complete and sophisticated system in the world, built under 100 years of strict government regulation. While the wireline telephone industry was built under a scheme emphasizing regulatory control, the infancy of the wireless telephone industry has been subject to increasing deregulation and reliance on free market forces to guide the industry's development. It has been suggested that this shift in policy reflects the acknowledged failure of strict government regulation. This Note argues that the shift in regulatory policy reflects a difference in circumstances between the development of the wireless …

Vol. 27, No. 13 (November 29, 2004)

Indiana Law Annotated

No abstract provided.

Vol. 27, No. 12 (November 22, 2004)

Indiana Law Annotated

No abstract provided.

Hess V. Indiana Revisited: A Panel Discussion With Case Participants (Video), Ralph F. Gaebler, Richard Vaughan

Maurer Law Events

On November 19th, 2004, a panel discussion was held in the Moot Court Room of the Indiana University-Bloomington School of Law. The topic of the discussion was the landmark United States Supreme Court case, Hess v. Indiana. The case is particularly relevant to the law school because two members of the faculty (Tom Schornhorst and Pat Baude) served as lawyers to the defendant Greg Hess. Additionally, the protest and arrest took place half a block from the law school in front of the University's administration building (Bryan Hall) in 1970.

Joining Professors Schornhorst and Baude on the panel are three …

Vol. 27, No. 11 (November 15, 2004)

Indiana Law Annotated

No abstract provided.

Vol. 27, No. 10 (November 8, 2004)

Indiana Law Annotated

No abstract provided.

Vol. 2, No. 09 (November 2004)

Indiana Law Update

No abstract provided.

Vol. 27, No. 09 (November 1, 2004)

Indiana Law Annotated

No abstract provided.

Vol. 27, No. 08 (October 25, 2004)

Indiana Law Annotated

No abstract provided.

Vol. 27, No. 07 (October 11, 2004)

Indiana Law Annotated

No abstract provided.

Vol. 27, No. 06 (October 4, 2004)

Indiana Law Annotated

No abstract provided.

From The Dean, Lauren K. Robel

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.

Fall 2004

Bill of Particulars

No abstract provided.

Assessing The Constitutionality Of Laws That Are Both Content-Based And Content-Neutral: The Emerging Constitutional Calculus, Wilson R. Huhn

Indiana Law Journal

No abstract provided.

A Legislative Strategy Conditioned On Corruption: Regulating Campaign Financing After Mcconnell V. Fec, Bryan R. Whitaker

Indiana Law Journal

No abstract provided.

Securities Analysts: Why These Gatekeepers Abandoned Their Post, David J. Labhart

Indiana Law Journal

No abstract provided.

Structuring Sentencing: Apprendi, The Offense Of Conviction, And The Limited Role Of Constitutional Law, Benjamin J. Priester

Indiana Law Journal

No abstract provided.

Whose Public? Parochialism And Paternalism In State Charity Law Enforcement, Evelyn Brody

Indiana Law Journal

No abstract provided.

Terrorism, Technology, And Information Privacy: Finding The Balance, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.

Vol. 27, No. 05 (September 27, 2004)

Indiana Law Annotated

No abstract provided.