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Articles 1 - 30 of 141
Full-Text Articles in Law
Cookie Monster: Balancing Internet Privacy With Commerce, Technology And Terrorism, Nichoel Forrett
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
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
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
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
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
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
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
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
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
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
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
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
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
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
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
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 …
Deconstructing And Reconstructing Hot News: Toward A Functional Approach, Jeffrey L. Harrison, Robyn Shelton
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
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
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
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
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
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
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 …
Voice Over Internet Protocol: An International Approach To Regulation, Jimar Sanders
Voice Over Internet Protocol: An International Approach To Regulation, Jimar Sanders
Georgia Journal of International & Comparative Law
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
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
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
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 …
What’S New In The Network Neutrality Debate, Rob Frieden
What’S New In The Network Neutrality Debate, Rob Frieden
Rob Frieden
For over ten years, academics, practitioners, policy makers, consumers and other stakeholders have debated whether and how governments should regulate the Internet with an eye toward promoting accessibility, affordability and neutrality. This issue has triggered grave concerns about the Internet’s ability to continue generating substantial and widespread benefits. Advocates for various outcomes have vastly different assessments about many baseline subjects including the viability of sustainable competition and self-regulation. Consumers become agitated and confused by different framing of the issues, particularly when participants in the Internet ecosystem cannot reach closure on interconnection and compensation issues. Increasingly these disputes trigger temporary degradation …
Internet Protocol Television And The Challenge Of “Mission Critical” Bits, Rob Frieden
Internet Protocol Television And The Challenge Of “Mission Critical” Bits, Rob Frieden
Rob Frieden
The Internet increasingly provides an alternative distribution medium for video and other types of high value, bandwidth intensive content. Many consumers have become “technology agnostic” about what kind of wireline or wireless medium provides service. However, they expect carriers to offer access anytime, anywhere, via any device and in any format. These early adopters of new technologies and alternatives to “legacy” media have no patience with the concept of “appointment television” that limits access to a specific time, on a single channel and in only one presentation format. This paper assesses whether and how Internet Service Providers (“ISPs”) can offer …
Interpreting, Stephanie Jo Kent
Interpreting, Stephanie Jo Kent
Doctoral Dissertations
What do community interpreting for the Deaf in western societies, conference interpreting for the European Parliament, and language brokering in international management have in common? Academic research and professional training have historically emphasized the linguistic and cognitive challenges of interpreting, neglecting or ignoring the social aspects that structure communication. All forms of interpreting are inherently social; they involve relationships among at least three people and two languages. The contexts explored here, American Sign Language/English interpreting and spoken language interpreting within the European Parliament, show that simultaneous interpreting involves attitudes, norms and values about intercultural communication that overemphasize information and discount …