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Articles 1 - 7 of 7
Full-Text Articles in Law
Technology Convergence And Federalism: Who Should Decide The Future Of Telecommunications Regulation?, Daniel A. Lyons
Technology Convergence And Federalism: Who Should Decide The Future Of Telecommunications Regulation?, Daniel A. Lyons
University of Michigan Journal of Law Reform
This Article critically examines the division of regulatory jurisdiction over telecommunications issues between the federal government and the states. Currently, the line between federal and state jurisdiction varies depending on the service at issue. This compartmentalization might have made sense fifteen years ago, but the advent of technology convergence has largely rendered this model obsolete. Yesterday's telephone and cable companies now compete head-to-head to offer consumers the vaunted "triple play" of voice, video, and internet services. But these telecommunications companies are finding it increasingly difficult to fit new operations into arcane, rigid regulatory compartments. Moreover, services that consumers view as …
Owning Mark(Et)S, Mark A. Lemley, Mark P. Mckenna
Owning Mark(Et)S, Mark A. Lemley, Mark P. Mckenna
Michigan Law Review
Trademark owners regularly rely on claims that the defendant is "free riding" on their mark by making money using that mark, money the trademark owners say should belong to them. We analyze those free-riding claims and find them wanting. The empirical data shows that defendants in unrelated markets can benefit from using a well-known mark, but that neither mark owners nor consumers suffer any injury from that use. A legal claim that a defendant is unjustly benefiting by using a plaintiff's mark is hollow unless it is accompanied by a theory of why that benefit should rightly belong to the …
Tale Of Two Policies: Corporate Immunity And Its Negative Externalities, The Worst Of Times For Consumers, A, David Ma
Journal of Dispute Resolution
When the Third Circuit Court of Appeals, in Kaneff v. Del. Title Loans, Inc., faced a Pennsylvania statute that prohibited payday loans,' the Third Circuit refused to enforce the state statute. This note will explore the reasoning underlying and discuss the effects of the Third Circuit's decision, providing a consequential look at the externalities that Kaneff created. As will become evident, these effects are quite serious and far-reaching, both to Pennsylvania's citizens and Pennsylvania's regulatory scheme.
Consumer Assent To Standard Form Contracts And The Voting Analogy, Wayne Barnes
Consumer Assent To Standard Form Contracts And The Voting Analogy, Wayne Barnes
West Virginia Law Review
No abstract provided.
Everything In Its Right Place: Social Cooperation And Artist Compensation, Leah Belsky, Byron Kahr, Max Berkelhammer, Yochai Benkler
Everything In Its Right Place: Social Cooperation And Artist Compensation, Leah Belsky, Byron Kahr, Max Berkelhammer, Yochai Benkler
Michigan Telecommunications & Technology Law Review
The music industry's crisis response to the Internet has been the primary driver of U.S. copyright policy for over a decade. The core institutional response has been to increase the scope of copyright and the use of litigation, prosecution, and technical control mechanisms for its enforcement. The assumption driving these efforts has been that without heavily-enforced copyright, artists will not be able to make a living from their art. Throughout this period artists have been experimenting with approaches that do not rely on technological or legal enforcement, but on constructing web-based business models that engage fans and rely on voluntary …
Ill Telecommunications: How Internet Infrastructure Providers Lose First Amendment Protection, Nicholas Bramble
Ill Telecommunications: How Internet Infrastructure Providers Lose First Amendment Protection, Nicholas Bramble
Michigan Telecommunications & Technology Law Review
The Federal Communications Commission (FCC) recently proposed an Internet nondiscrimination rule: "Subject to reasonable network management, a provider of broadband Internet access service must treat lawful content, applications, and services in a nondiscriminatory manner." Among other requests, the FCC sought comment on whether the proposed nondiscrimination rule would "promote free speech, civic participation, and democratic engagement," and whether it would "impose any burdens on access providers' speech that would be cognizable for purposes of the First Amendment." The purpose of this Article is to suggest that a wide range of responses to these First Amendment questions, offered by telecommunications providers …
Why Reinvent The Wheel?—Protecting Consumers In The Wake Of The Subprime Mortgage Meltdown Without The Consumer Financial Protection Bureau, Brett J. Travers
Why Reinvent The Wheel?—Protecting Consumers In The Wake Of The Subprime Mortgage Meltdown Without The Consumer Financial Protection Bureau, Brett J. Travers
Saint Louis University Law Journal
No abstract provided.