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Articles 1 - 7 of 7
Full-Text Articles in Law
On Software Regulation, Polk Wagner
On Software Regulation, Polk Wagner
All Faculty Scholarship
This Article develops a novel analytic framework for the evaluation of regulatory policy in cyberspace, flowing from a reconceptualization of cyberlaw’s central premise: software code as complementary to law rather than its substitute. This approach emphasizes the linkage between law and software; for every quantum of legal-regulatory impact, there is a corresponding equilibria of regulation-bysoftware. The absence of a legal right will stimulate a technological response—and such incentives will moderate with increased rights. Rather than “code is law,” this is “code meets law.” The implications of this methodological shift are explored in the context of the emerging (and intensely controversial) …
Shifting Sands: The Limits Of Science In Setting Risk Standards, Cary Coglianese, Gary E. Marchant
Shifting Sands: The Limits Of Science In Setting Risk Standards, Cary Coglianese, Gary E. Marchant
All Faculty Scholarship
Regulators need to rely on science to understand problems and predict the consequences of regulatory actions, but over reliance on science can actually contribute to, or at least deflect attention from, incoherent policymaking. In this article, we explore the problems with using science to justify policy decisions by analyzing the Environmental Protection Agency's recently revised air quality standards for ground-level ozone and particulate matter, some of the most significant regulations ever issued. In revising these standards, EPA mistakenly invoked science as the exclusive basis for its decisions and deflected attention from a remarkable series of inconsistencies. For example, even though …
No Wonder They Dislike Us: Us Admonishes Europe For Protecting Itself From Microsoft's Predation, Albert A. Foer, Robert H. Lande
No Wonder They Dislike Us: Us Admonishes Europe For Protecting Itself From Microsoft's Predation, Albert A. Foer, Robert H. Lande
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This short article applauds the European Commission for holding that Microsoft violated European competition laws, and admonishes the U.S. for criticizing the Europeans for protecting themselves from Microsoft's anticompetitive activity.
Of Patents And Path Dependency: A Comment On Burk And Lemley, R. Polk Wagner
Of Patents And Path Dependency: A Comment On Burk And Lemley, R. Polk Wagner
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This Article delves into issues surrounding the relationship between technology and the patent law. Responding to Dan Burk and Mark Lemley's earlier article, Is Patent Law Technology-Specific?, the piece notes that the basic question posed by Burk and Lemley's article is a relatively easy question given the several doctrines that explicitly link the subject matter context of an invention to the validity and scope of related patents. This sort of technological exceptionalism (which this Article refers to as micro-exceptionalism) is both observable and easily justifiable for a legal regime directed to technology policy. In contrast, Burk and Lemley's identification of, …
The Unfulfilled Promise Of Korean Telecommunications Reform, Christopher S. Yoo
The Unfulfilled Promise Of Korean Telecommunications Reform, Christopher S. Yoo
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The deployment of telecommunications services in Korea represents one of the great technological success stories of the developing world. In a remarkably brief period, the penetration of local telephone service, wireless telephony, and broadband technologies has soared to among the highest levels in the world. The history of Korean telecommunications thus provides a useful case study for other developing countries seeking to expand and modernize their telecommunications infrastructures. At first blush, the explosive growth of telecommunications services has appeared to go hand in hand with the liberalization of Korea's telecommunications markets. A review of the history of Korean telecommunications reform …
Would Mandating Network Neutrality Help Or Hurt Broadband Competition? A Comment On The End-To-End Debate, Christopher S. Yoo
Would Mandating Network Neutrality Help Or Hurt Broadband Competition? A Comment On The End-To-End Debate, Christopher S. Yoo
All Faculty Scholarship
No abstract provided.
E-Rulemaking: Information Technology And The Regulatory Process, Cary Coglianese
E-Rulemaking: Information Technology And The Regulatory Process, Cary Coglianese
All Faculty Scholarship
In order to channel interest in e-rulemaking toward effective and meaningful innovations in regulatory practice, the Kennedy School of Government's Regulatory Policy Program convened two major workshops, bringing together academic experts from computer sciences, law, and public management along with key public officials involved in managing federal regulation. This paper summarizes the discussions that took place at these workshops and develops an agenda for future research on information technology and the rulemaking process. It highlights the institutional challenges associated with using information technology in the federal regulatory process and suggests that in some cases existing rulemaking practices may need to …