Law Commons^™

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

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 …

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

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

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 …

Innovations In Mobile Broadband Pricing, Daniel Lyons

Daniel Lyons

No abstract provided.

Presentation, The Perils Of Internet Interconnection Disclosure, Daniel Lyons

Daniel Lyons

No abstract provided.

Compelled Disclosure Of Internet Interconnection Agreements Creates Anticompetitive Risks, Daniel Lyons

Daniel Lyons

No abstract provided.

Comcast And The Future Of Video Competition, Daniel Lyons

Daniel Lyons

Securities Exchange Act—Treatment Of Intrastate Use Of Telephone.—Rosen V. Albern Color Research, Inc.—And Nemitz V. Cunny, John Dobbyn

John Dobbyn

No abstract provided.

Cracking The Cable Conundrum: Government Regulation Of A La Carte Models In The Cable Industry, Jade Brewster

Jade Brewster

This Article examines the practice of cable bundling, a term describing how cable providers offer channels in “packages” of channels rather than allowing consumers to buy channels individually. These cable bundles have been criticized by politicians, academics, and the public alike, many of whom believe cable bundling simultaneously increases the price of cable and forces consumers to pay for programming they neither want nor use. Politicians have responded to these criticisms by advocating for legislation requiring cable companies to offer a la carte pricing options, in which customers can pick and choose individual channels. But evidence that an a la …

Drones, Henry H. Perritt Jr., Eliot O. Sprague

Henry H. Perritt, Jr.

Ex Parte Presentation On Net Neutrality To General Counsel, Federal Communications Commission, Daniel Lyons

Daniel Lyons

No abstract provided.

Taming The "Feral Beast": Cautionary Lessons From British Press Reform, Lili Levi

Lili Levi

Abstract: As technology undermines the economic model supporting traditional newspapers, power shifts from the watchdog press to those it watches. Worldwide calls for increased press “responsibility” are one result. Pending British press reform provides a troubling example with far-ranging implications for freedom of the press. Under the guise of modest press self-regulation, the U.K. is currently poised to upend 300 years of press freedom via the recently-approved Royal Charter for Self-Regulation of the Press. The Royal Charter was adopted in response to the moral panic engendered by Britain’s tabloid phone-hacking scandal. An example of 20^th Century regulation poorly fitted …

Response To Questions In The First White Paper, 'Modernizing The Communications Act', Randolph J. May, Richard A. Epstein, Justin (Gus) Hurwitz, Daniel Lyons, James B. Speeta, Christopher S. Yoo

Daniel Lyons

The House Energy and Commerce Committee has begun a process to review and update the Communications Act of 1934, last revised in any material way in 1996. As the Committee begins the review process, this paper responds to questions posed by the Committee that all relate, in fundamental ways, to the question: "What should a modern Communications Act look like?" The Response advocates a "clean slate" approach under which the regulatory silos that characterize the current statute would be eliminated, along with almost all of the ubiquitous 'public interest' delegation of authority found throughout the Communications Act. The replacement regime …

Peering Into The Comcast-Netflix Deal, Daniel A. Lyons

Daniel Lyons

No abstract provided.

Panelist, Net Neutrality And The Future Of Internet Access, Daniel Lyons

Daniel Lyons

No abstract provided.

Panelist, A New Fcc And A New Communications Act: Aligning Communications Policy With Marketplace Realitie, Daniel Lyons

Daniel Lyons

No abstract provided.

Cable Television In Massachusetts, Padraig O'Malley

Padraig O'Malley

Today the electromagnetic spectrum is crowded with signal traffic used for just about every conceivable communications purpose, ranging from standard navigational time signals at the Very Low Frequency band to satellite communications at the Superhigh Frequency band. Between these two frequency extremes there are five other frequency bands — Low Frequency, Medium Frequency, High Frequency, Very High Frequency, and Ultra High Frequency — each of which can accommodate only a limited number of uses, and each of which is better suited for some uses than for others. Because the spectrum was, like oil, once believed to be in almost unlimited …

A New First Amendment Goal Line Defense – Stopping The Right Of Publicity Offense, Mark Conrad

Mark A. Conrad

The use of images with the recognizable features of former NCAA student-athletes by a digital video firm has resulted in two highly publicized lawsuits by former college players claiming violations of their right of publicity. Thus far, two federal appeals courts – the Third Circuit in Hart v. Electronic Arts and the Ninth Circuit in Keller v. Electronic Arts -- have refused to dismiss their claims, concluding that the use of the player images constitute a valid cause of action. While their actions have garnered sympathy among the public and many scholars, it is the author’s contention that both lawsuits …

Restoring Limits On The Fcc's Ancillary Authority, Daniel A. Lyons

Daniel Lyons

No abstract provided.

The Eye Of The Beholder: Participation And Impact In Telecommunications (De)Regulation, Dorit Reiss

Dorit R. Reiss

The California Public Utilities Commission addressed both pricing deregulation and universal service in telecommunications during the last decade. Both decisions had a similar cast of characters, and similarly elaborate processes. In relation to price deregulation, the utilities positions were accepted on every issue addressed; in relation to universal service, consumer organizations’ positions were accepted in about 60% of the issues. This article tells the story of how those decisions were made, and examines the reasons for the difference in impact. The article examines and reject an explanation of capture; accepts in part a focus on the influence of the commissioner …

Net Neutrality Ruling: What Are The Fcc's Options?, Daniel Lyons

Daniel Lyons

No abstract provided.

Rethink Possible When It Comes To Wireless Data Plans, Daniel Lyons

Daniel Lyons

From the introduction: The blogosphere has been abuzz this week with AT&T's introduction of a new "sponsored data" service. Under this service, Internet content providers such as Google or Yahoo could agree to pay for the data that the customer would otherwise incur when accessing the provider's services on his or her mobile device. This allows the customer to consume sponsored content without it counting against the customer's monthly data limit.

Fast Forward 50 Years: Protecting Uninhibited, Robust, And Wide-Open Debate After New York Times Co. V. Sullivan, Amy Sanders

Amy Kristin Sanders

One Journalist, Two Roles: What Happens When Journalists Also Work As Media Coordinators?, Jonathan Peters

Jonathan Peters

Individuals interacting with society possess multiple roles, and yet the study of journalistic role conceptions, based on the assumption that role conceptions influence journalistic outputs, has not addressed the idea that journalists possess multiple roles inside and outside the field. A peculiar arrangement in Missouri is the appointment of journalists to serve as media coordinators for the courts. Using a symbolic interactionism framework, we explore how media coordinators experience this duality of roles.

Régimen De La Comunicación, Juan Carlos Riofrío Martínez-Villalba

Juan Carlos Riofrío Martínez-Villalba

Presentación del libro “Régimen de la Comunicación”

Extiendo un afectuoso saludo a los apreciados autores de la presente Obra, así como a los representantes de la Corporación de Estudios y Publicaciones (CEP); a los distinguidos miembros de la mesa directiva; a las insignes autoridades oficiales y académicas que nos honran con su visita; y al querido público que tan gentilmente nos acompaña en este acto.

Nuevamente estamos aquí para entregar un estudio sistemático de las leyes ecuatorianas, hoy en concreto de las relacionadas con el mundo de la comunicación. Han pasado ya los años de ese inocente positivismo moderno que …

Network Nepotism And The Market For Content Delivery, Tejas N. Narechania

Tejas N. Narechania

Sender Side Transmission Rules For The Internet, Tejas N. Narechania, Tim Wu

Tejas N. Narechania

E-Mail Netiquette For Lawyers, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.