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Full-Text Articles in Law

The Internet, Regulation And The Market For Loyalties: An Economic Analysis Of Transborder Information Flow, Paul D. Callister Apr 2002

The Internet, Regulation And The Market For Loyalties: An Economic Analysis Of Transborder Information Flow, Paul D. Callister

Paul D. Callister

As the Internet has gained prevalence, attention has turned to its regulation. Indeed, regulation proves to be a unique and complex problem, given the Internet's lack of traditional borders and boundaries. Highlighting possible avenues of regulation, the author discusses neo-classical economic theory, specifically Monroe E. Price's "market for loyalties" theory. Although originally applied to the regulation of broadcasting, the author contends that the "market for loyalties" theory can also be applied to the Internet. Building on Professor Price's pioneering analysis, the article extends the theory to examine market elasticity's effect on the loss of monopoly control over information flow (as …


2002 Cardozo Life (Spring), Benjamin N. Cardozo School Of Law Apr 2002

2002 Cardozo Life (Spring), Benjamin N. Cardozo School Of Law

Cardozo Life

Table of Contents:

Around Campus, page 3

Faculty Briefs, page 12

An Interview with Dean David Rudenstine, page 17

Fighting for “Hearts and Minds”: Towards a Foreign Policy of Information Space, page 21

Cardozo Heroes, page 25

“More than any of us can bear”, page 30

Alumni News & Notes, page 36


Reasonable Expectations And The Erosion Of Privacy, Shaun Spencer Jan 2002

Reasonable Expectations And The Erosion Of Privacy, Shaun Spencer

Faculty Publications

This Article examines how the prevailing legal conception of privacy facilitates the erosion of privacy. The law generally measures privacy by reference to society’s reasonable expectation of privacy. If we think of the universe of legally private matters as a sphere, the sphere will contract (or least in theory) expand in accordance with changing social expectations. This expectations-driven conception of privacy in effect establishes a privacy marketplace, analogous in both a literal and metaphorical sense to a marketplace of ideas. In this marketplace, societal expectations of privacy fluctuate in response to changing social practices. For this reason, privacy is susceptible …


Marketing, Protection And Enforcement Of Ncaa Marks, Scott A. Bearby Jan 2002

Marketing, Protection And Enforcement Of Ncaa Marks, Scott A. Bearby

Marquette Sports Law Review

No abstract provided.


Media Leagues: Australia Suggests New Professional Sports Leagues For The Twenty-First Century, James B. Perrine Jan 2002

Media Leagues: Australia Suggests New Professional Sports Leagues For The Twenty-First Century, James B. Perrine

Marquette Sports Law Review

No abstract provided.


Racial Disparities And The Political Function Of Property, Spencer A. Overton Jan 2002

Racial Disparities And The Political Function Of Property, Spencer A. Overton

GW Law Faculty Publications & Other Works

Race theorists have noted that racial discrimination has shaped the existing distribution of economic resources, and have used this observation to justify reparations, to defend affirmative action, and to call for other legal changes that would improve the socioeconomic status of people of color. This Article takes the theorists' observation further. Property has a political function. Racially discriminatory allocation rules not only impose economic and social harms upon people of color, but also impair the ability of these people to engage in political expression and participation through structures such as the privately financed campaign finance system.


The Internet, Regulation And The Market For Loyalties: An Economic Analysis Of Transborder Information Flow, Paul D. Callister Jan 2002

The Internet, Regulation And The Market For Loyalties: An Economic Analysis Of Transborder Information Flow, Paul D. Callister

Faculty Works

As the Internet has gained prevalence, attention has turned to its regulation. Indeed, regulation proves to be a unique and complex problem, given the Internet's lack of traditional borders and boundaries. Highlighting possible avenues of regulation, the author discusses neo-classical economic theory, specifically Monroe E. Price's market for loyalties theory. Although originally applied to the regulation of broadcasting, the author contends that the market for loyalties theory can also be applied to the Internet. Building on Professor Price's pioneering analysis, the article extends the theory to examine market elasticity's effect on the loss of monopoly control over information flow (as …


But Some Are More Equal: Race, Exclusion, And Campaign Finance, Spencer A. Overton Jan 2002

But Some Are More Equal: Race, Exclusion, And Campaign Finance, Spencer A. Overton

GW Law Faculty Publications & Other Works

Proposed campaign finance reforms and critiques of current campaign finance jurisprudence are incomplete because campaign finance reformers overlook social and historical realities related to race. This Article uses race as an analytical factor to develop a more comprehensive understanding of campaign finance. Past state-sanctioned discrimination has contributed to current racial disparities in property. Under the current campaign finance system, these disparities in property shape the racial distribution of political influence no less than poll taxes, literacy tests, or at-large electoral districts. Further, seemingly neutral campaign finance doctrine threatens to lead to future racial disparities in the political distribution of societal …