Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2014

Communications Law

Institution
Keyword
Publication
Publication Type
File Type

Articles 1 - 30 of 156

Full-Text Articles in Law

Cookie Monster: Balancing Internet Privacy With Commerce, Technology And Terrorism, Nichoel Forrett Dec 2014

Cookie Monster: Balancing Internet Privacy With Commerce, Technology And Terrorism, Nichoel Forrett

Touro Law Review

No abstract provided.


First Amendment Decisions - 2002 Term, Joel Gora Dec 2014

First Amendment Decisions - 2002 Term, Joel Gora

Touro Law Review

No abstract provided.


Tragedy Of The Regulatory Commons: Lightsquared And The Missing Spectrum Rights, Thomas W. Hazlett, Brent Skorup Dec 2014

Tragedy Of The Regulatory Commons: Lightsquared And The Missing Spectrum Rights, Thomas W. Hazlett, Brent Skorup

Duke Law & Technology Review

The endemic underuse of radio spectrum constitutes a tragedy of the regulatory commons. Like other common interest tragedies, the outcome results from a legal or market structure that prevents economic actors from executing socially efficient bargains. In wireless markets, innovative applications often provoke claims by incumbent radio users that the new traffic will interfere with existing services. Sometimes these concerns are mitigated via market transactions, a la “Coasian bargaining.” Other times, however, solutions cannot be found even when social gains dominate the cost of spillovers. In the recent “LightSquared debacle,” such spectrum allocation failure played out. GPS interests that access …


The Ip Transition And The Need For Common Carrier Regulation, Nicholas Kokkinos Dec 2014

The Ip Transition And The Need For Common Carrier Regulation, Nicholas Kokkinos

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.


The Uhf Discount And The National Television Ownership Rule: “This I Tell You, Brother: You Can’T Change One Without The Other”, Bill Durdach Dec 2014

The Uhf Discount And The National Television Ownership Rule: “This I Tell You, Brother: You Can’T Change One Without The Other”, Bill Durdach

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.


Volume 23 Masthead Dec 2014

Volume 23 Masthead

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.


The Procrustean Problem With Prescriptive Regulation, Maureen K. Ohlhausen Dec 2014

The Procrustean Problem With Prescriptive Regulation, Maureen K. Ohlhausen

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.


Section 10 Forbearance: Asking The Right Questions To Get The Right Answers, George S. Ford, Lawrence J. Spiwak Dec 2014

Section 10 Forbearance: Asking The Right Questions To Get The Right Answers, George S. Ford, Lawrence J. Spiwak

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

The Telecommunications Act of 1996 aimed to “provide for a pro-competitive, de-regulatory national policy framework designed to accelerate rapidly private sector deployment of advanced telecommunications and information technologies and services to all Americans….” Key to the Federal Communication Commission’s ability to satisfy this deregulatory mandate is Section 10 of the 1996 Act which provides the agency with express legal authority to forbear from enforcing certain portions of the Communications Act. In this paper, we use the agency’s Phoenix Forbearance Order as a template for outlining how the Commission can improve its forbearance analysis. Our analysis focuses on forbearance from the …


Surfing For Protection: Why Websites Should Be Categorically Excluded From Trade Dress Protection, Matt Mikels Dec 2014

Surfing For Protection: Why Websites Should Be Categorically Excluded From Trade Dress Protection, Matt Mikels

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.


Protecting The Free Flow Of Information: Federal Shield Laws In The Digital Age, Arielle Giordano Dec 2014

Protecting The Free Flow Of Information: Federal Shield Laws In The Digital Age, Arielle Giordano

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.


The Evolution Of Innovation And The Evolution Of Regulation: Emerging Tensions And Emerging Opportunities In Communications, Larry Downes, John W. Mayo Dec 2014

The Evolution Of Innovation And The Evolution Of Regulation: Emerging Tensions And Emerging Opportunities In Communications, Larry Downes, John W. Mayo

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.


Guarding Against Abuse: The Costs Of Excessively Long Copyright Terms, Derek Khanna Dec 2014

Guarding Against Abuse: The Costs Of Excessively Long Copyright Terms, Derek Khanna

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.


Public Forum 2.1: Public Higher Education Institutions And Social Media, Robert H. Jerry Ii, Lyrissa Barnett Lidsky Dec 2014

Public Forum 2.1: Public Higher Education Institutions And Social Media, Robert H. Jerry Ii, Lyrissa Barnett Lidsky

Lyrissa Barnett Lidsky

Like most of us, public colleges and universities increasingly are communicating via Facebook, Second Life, YouTube, Twitter and other social media. Unlike most of us, public colleges and universities are government actors, and their social media communications present complex administrative and First Amendment challenges. The authors of this article — one the dean of a major public university law school responsible for directing its social media strategies, the other a scholar of social media and the First Amendment — have combined their expertise to help public university officials address these challenges. To that end, this article first examines current and …


Intrusion And The Investigative Reporter, Lyrissa Barnett Lidsky Dec 2014

Intrusion And The Investigative Reporter, Lyrissa Barnett Lidsky

Lyrissa Barnett Lidsky

In an award-winning series of Houston Chronicle articles, reporter Nancy Stancill uncovered shocking conditions in Texas nursing homes. 7 However, reforms were not implemented until 20/20, following Stancill's lead, conducted a three-month, undercover investigation of the treatment of elderly residents at Texas state and private nursing home facilities. By employing subterfuge to gather news, the 20/20 reporters enhanced the immediacy and credibility of the resulting story. As one journalist argued, "[Jiust describing the conditions wouldn't have cut it. They had to be seen." Using the 20/20 case as a paradigm, this Note argues that, in order to distinguish protected newsgathering …


The Unexamined Life In The Era Of Big Data: Toward A Udaap For Data, Sean Brian Dec 2014

The Unexamined Life In The Era Of Big Data: Toward A Udaap For Data, Sean Brian

Sean Brian

No abstract provided.


Public Forum 2.1: Public Higher Education Institutions And Social Media, Robert H. Jerry Ii, Lyrissa Barnett Lidsky Nov 2014

Public Forum 2.1: Public Higher Education Institutions And Social Media, Robert H. Jerry Ii, Lyrissa Barnett Lidsky

Robert H. Jerry II

Like most of us, public colleges and universities increasingly are communicating via Facebook, Second Life, YouTube, Twitter and other social media. Unlike most of us, public colleges and universities are government actors, and their social media communications present complex administrative and First Amendment challenges. The authors of this article — one the dean of a major public university law school responsible for directing its social media strategies, the other a scholar of social media and the First Amendment — have combined their expertise to help public university officials address these challenges. To that end, this article first examines current and …


Privacy, Copyright, And Letters, Jeffrey Harrison Nov 2014

Privacy, Copyright, And Letters, Jeffrey Harrison

Jeffrey L Harrison

The focus of this Essay is the privacy of letters – the written manifestations of thoughts, intents, and the recollections of facts directed to a person or a narrowly defined audience. The importance of this privacy is captured in the novel Atonement by Ian McEwan and in the film based on the novel. The fulcrum from which the action springs is a letter that is read by someone to whom it was not addressed. The result is literally life-changing, even disastrous for a number of characters. One person dies, two people seemingly meant for each other are torn apart and …


Deconstructing And Reconstructing Hot News: Toward A Functional Approach, Jeffrey L. Harrison, Robyn Shelton Nov 2014

Deconstructing And Reconstructing Hot News: Toward A Functional Approach, Jeffrey L. Harrison, Robyn Shelton

Jeffrey L Harrison

Hot news is factual, time-sensitive information ranging from baseball scores to the outbreak of war. In recent years, hot news has found its own niche among legal scholars and courts. When deconstructed, though, hot news is simply information and, like most information, it has a public good character. The problem ultimately is that news is non-excludable and non-rivalrous – discoverers or creators of hot news cannot exclude others from using the news and hot news is not destroyed when used. This means it may be produced at levels that are less than optimal.The critical element in hot news is lead …


Copyright, Fair Use And Author’S Rights Ii (October/November 2014), Paul Royster Nov 2014

Copyright, Fair Use And Author’S Rights Ii (October/November 2014), Paul Royster

University of Nebraska-Lincoln Libraries: Conference Presentations and Speeches

Copyright is a battlefield, and an author’s control over his/her own work can easily become collateral damage or go missing in action. Many publishers believe they have an inherent right to own the intellectual property arising from your grant-funded research and to live off the earnings of written works that you had little choice but to give them for free or pay them to publish. In this session you will learn more about U.S. Copyright Law, Author’s Rights, and protecting your Intellectual Property. Faculty members Paul Royster and Sue Gardner will speak on Copyright, Fair Use, and Author Rights. You …


Foreign Affairs And First Amendment Rights: Office Of Foreign Assets Control Prohibits Abc's Pan American Games Broadcast. Capital Cities/Abc, Inc. V. Brady, 740 F. Supp. 1007 (S.D.N.Y. June 29, 1990), Allison Sanford Nov 2014

Foreign Affairs And First Amendment Rights: Office Of Foreign Assets Control Prohibits Abc's Pan American Games Broadcast. Capital Cities/Abc, Inc. V. Brady, 740 F. Supp. 1007 (S.D.N.Y. June 29, 1990), Allison Sanford

Georgia Journal of International & Comparative Law

No abstract provided.


European Unification - Broadcasting Law - Eastern Europe And The "Television Without Frontiers" Directive: Radio Freed Europe - Can Television Unify It?, Christopher B. Scott Oct 2014

European Unification - Broadcasting Law - Eastern Europe And The "Television Without Frontiers" Directive: Radio Freed Europe - Can Television Unify It?, Christopher B. Scott

Georgia Journal of International & Comparative Law

No abstract provided.


Teece's Competing Through Innovation, Herbert J. Hovenkamp Oct 2014

Teece's Competing Through Innovation, Herbert J. Hovenkamp

All Faculty Scholarship

This essay reviews David J. Teece's book, Competing Through Innovation: Technological Strategies and Antitrust Policies (2013).


Remaking The Pen Mightier Than The Sword: An Evaluation Of The Growing Need For The International Protection Of Journalists, Dylan Howard Oct 2014

Remaking The Pen Mightier Than The Sword: An Evaluation Of The Growing Need For The International Protection Of Journalists, Dylan Howard

Georgia Journal of International & Comparative Law

No abstract provided.


Sexting Prosecutions: Minors As A Protected Class From Child Pornography Charges, Sarah Thompson Oct 2014

Sexting Prosecutions: Minors As A Protected Class From Child Pornography Charges, Sarah Thompson

University of Michigan Journal of Law Reform Caveat

"Firt love is only a little foolishness and a lot of curiosity." -- George Bernard Shaw Teenagers will explore their sexuality; this is no new phenomenon. However, the ways that teens are exploring their curiosity is changing with technology. This trend has serious repercussions for teens, society, and the law. ‘Sexting’—defined as the act of sending sexually explicit photographs or messages via cell phone—is one recently-developed means of sexual exploration. The practice overlaps with the production, distribution, and possession of child pornography that is banned by both state and federal law. Due to the overlap, minors have been prosecuted under …


Innovations In Mobile Broadband Pricing, Daniel Lyons Sep 2014

Innovations In Mobile Broadband Pricing, Daniel Lyons

Daniel Lyons

No abstract provided.


Voice Over Internet Protocol: An International Approach To Regulation, Jimar Sanders Sep 2014

Voice Over Internet Protocol: An International Approach To Regulation, Jimar Sanders

Georgia Journal of International & Comparative Law

No abstract provided.


Presentation, The Perils Of Internet Interconnection Disclosure, Daniel Lyons Sep 2014

Presentation, The Perils Of Internet Interconnection Disclosure, Daniel Lyons

Daniel Lyons

No abstract provided.


Who's Checking?: Taking A Look At Recently Enacted Foreign Intelligence Surveillance Laws In The United States And Zimbabwe And Their Impact On The Separation Of Powers, Andrew M. O'Connell Sep 2014

Who's Checking?: Taking A Look At Recently Enacted Foreign Intelligence Surveillance Laws In The United States And Zimbabwe And Their Impact On The Separation Of Powers, Andrew M. O'Connell

Georgia Journal of International & Comparative Law

No abstract provided.


Media Ownership Regulations: A Comparative Perspective, Enrique Armijo Sep 2014

Media Ownership Regulations: A Comparative Perspective, Enrique Armijo

Georgia Journal of International & Comparative Law

No abstract provided.


Ex Ante Versus Ex Post Approaches To Network Neutrality: A Cost Benefit Analysis, Rob Frieden Sep 2014

Ex Ante Versus Ex Post Approaches To Network Neutrality: A Cost Benefit Analysis, Rob Frieden

Rob Frieden

Many advocates for less intrusive government oversight of telecommunications support the migration from regulation by an expert agency to the use of adjudication remedies largely guided by antitrust/competition policy principles. They believe that competition authorities, or reviewing courts can resolve disputes after they have occurred in lieu of having expert regulatory agencies available to anticipate and resolve problems before they become acute. Such ex post remedies typically determine whether anticompetitive conduct has occurred and what marketplace harm has resulted. Advocates for retaining so-called ex ante regulation believe that an expert agency remains essential particularly in light of fast changing market …