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Full-Text Articles in Law

Tethering The Fcc: The Case Against Chevron Deference For Jurisdictional Claims, Daniel A. Lyons Jun 2011

Tethering The Fcc: The Case Against Chevron Deference For Jurisdictional Claims, Daniel A. Lyons

Boston College Law School Faculty Papers

Despite the Administration's recent rhetoric about regulatory review, regulation and re-regulation seems destined to be a primary theme of President Obama‟s first term. From the financial markets and consumer lending to the health care industry, the President and Congress have enacted statutes designed to curb what they saw as prior Administrations' deregulatory excesses. The Federal Communications Commission has been an eager participant in this regulatory and re-regulatory wave: since 2009, under Chairman Genachowski's leadership, the agency has adopted several new initiatives, ranging from a proposal to regulate set-top box video navigation devices to various measures to regulate ...


Foreword: Rulemaking, Democracy, And Torrents Of E-Mail, Nina A. Mendelson Jan 2011

Foreword: Rulemaking, Democracy, And Torrents Of E-Mail, Nina A. Mendelson

Articles

This Foreword is meant as an initial foray into the question of what agencies should do with mass public comments, particularly on broad questions of policy. Part I discusses the extent to which congressional control, presidential control, and agency procedures themselves can ensure that agency decisions are democratically responsive. In view of shortcomings in both congressional and presidential control, I underscore the need to focus closely on rulemaking procedures as a source of democratic responsiveness. The possibility that agencies may be systematically discounting certain public submissions raises difficulties, and I present some examples. Part II makes a preliminary case that ...


Pornography As Pollution, John C. Nagle Jan 2011

Pornography As Pollution, John C. Nagle

Journal Articles

Pornography is often compared to pollution. But little effort has been made to consider what it means to describe pornography as a pollution problem, even as many legal scholars have concluded that the law has failed to control internet pornography. Opponents of pornography maintain passionate convictions about how sexually-explicit materials harm both those who are exposed to them and the broader cultural environment. Viewers of pornography may generally hold less fervent beliefs, but champions of free speech and of a free internet object to anti-pornography regulations with strong convictions of their own. The challenge is how to address the widespread ...