Appeal No. 0831: City Of Broadview Heights V. Division Of Oil & Gas Resources Management, 2011 Case Western Reserve University School of Law
Appeal No. 0831: City Of Broadview Heights V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2010-43 (GonzOil Inc., Lazlo Well #1D)
Presented Paper: Net Neutrality And Nondiscrimination Norms, 2011 Boston College Law School
Presented Paper: Net Neutrality And Nondiscrimination Norms, Daniel Lyons
Daniel Lyons
No abstract provided.
Administrative Procedures For Resolving Complex Policy Questions: A Proposal For Proof Dissection, 2011 Touro Law Center
Administrative Procedures For Resolving Complex Policy Questions: A Proposal For Proof Dissection, Harold I. Abramson
Harold I. Abramson
Many commentaries have charged that the use of conventional trial procedures in the administrative process fails to provide an effective means for resolving complex policy questions. In particular, the excessive use of cross-examination has been cited as needlessly impairing the economy and efficiency of administrative proceedings. Excessive and redundant use of such procedures has also been criticized as undermining the accuracy of results by allowing unfettered attack on adversaries’ witnesses. Clearly, current opinion of the adversary system is that it “rates truth too low among values that institutions of justice are meant to serve.” The problems surrounding the use of …
Regulating The Regulators In New York State, Part Ii: The Office Of Business Permits And Regulatory Assistance, 2011 Touro College Jacob D. Fuchsberg Law Center
Regulating The Regulators In New York State, Part Ii: The Office Of Business Permits And Regulatory Assistance, Harold I. Abramson
Harold I. Abramson
No abstract provided.
Summary Of Western Surety Co. V. Adco Credit Inc., 127 Nev. Adv. Op. No. 8, 2011 Nevada Law Journal
Summary Of Western Surety Co. V. Adco Credit Inc., 127 Nev. Adv. Op. No. 8, Meredith Still
Nevada Supreme Court Summaries
The Court considered an appeal from a district court order granting a petition for judicial review in a Department of Motor Vehicles bond matter.
Presented Paper: Net Neutrality And Nondiscrimination Norms In Telecommunications, 2011 Boston College Law School
Presented Paper: Net Neutrality And Nondiscrimination Norms In Telecommunications, Daniel Lyons
Daniel Lyons
No abstract provided.
Rulemaking In 140 Characters Or Less: Social Networking And Public Participation In Rulemaking, 2011 Cornell Law School
Rulemaking In 140 Characters Or Less: Social Networking And Public Participation In Rulemaking, Cynthia R. Farina, Paul Miller, Mary J. Newhart, Claire Cardie, Dan Cosley, Rebecca Vernon
Pace Law Review
No abstract provided.
A Cost-Benefit Interpretation Of The "Substantially Similar" Hurdle In The Congressional Review Act: Can Osha Ever Utter The E-Word (Ergonomics) Again?, 2011 University of Pennsylvania
A Cost-Benefit Interpretation Of The "Substantially Similar" Hurdle In The Congressional Review Act: Can Osha Ever Utter The E-Word (Ergonomics) Again?, Adam M. Finkel, Jason W. Sullivan
All Faculty Scholarship
The Congressional Review Act permits Congress to veto proposed regulations via a joint resolution, and prohibits an agency from reissuing a rule “in substantially the same form” as the vetoed rule. Some scholars—and officials within the agencies themselves—have understood the “substantially the same” standard to bar an agency from regulating in the same substantive area covered by a vetoed rule. Courts have not yet provided an authoritative interpretation of the standard.
This Article examines a spectrum of possible understandings of the standard, and relates them to the legislative history (of both the Congressional Review Act itself and the congressional veto …
Appeal No. 0814: Ohio Valley Energy Systems V. Division Of Oil & Gas Resources Management, 2011 Case Western Reserve University School of Law
Appeal No. 0814: Ohio Valley Energy Systems V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2009-19
Resilience: Building Better Users And Fair Trade Practices In Information, 2011 Wharton School at the University of Pennsylvania
Resilience: Building Better Users And Fair Trade Practices In Information, Andrea M. Matwyshyn
Federal Communications Law Journal
Symposium: Rough Consensus and Running Code: Integrating Engineering Principles into Internet Policy Debates, held at the University of Pennsylvania's Center for Technology Innovation and Competition on May 6-7, 2010.
In the discourse on communications and new media policy, the average consumer-the user-is frequently eliminated from the equation. This Article presents an argument rooted in developmental psychology theory regarding the ways that users interact with technology and the resulting implications for data privacy law. Arguing in favor of a user-centric construction of policy and law, the Author introduces the concept of resilience. The concept of resilience has long been discussed in …
Rough Consensus And Running Code: Integrating Engineering Principles Into Internet Policy Debates, 2011 University of Pennsylvania
Rough Consensus And Running Code: Integrating Engineering Principles Into Internet Policy Debates, Christopher S. Yoo
Federal Communications Law Journal
Symposium: Rough Consensus and Running Code: Integrating Engineering Principles into Internet Policy Debates, held at the University of Pennsylvania's Center for Technology Innovation and Competition on May 6-7, 2010.
Wireless Efficiency Versus Net Neutrality, 2011 George Washington University
Wireless Efficiency Versus Net Neutrality, Charles L. Jackson
Federal Communications Law Journal
Symposium: Rough Consensus and Running Code: Integrating Engineering Principles into Internet Policy Debates, held at the University of Pennsylvania's Center for Technology Innovation and Competition on May 6-7, 2010.
This Article first addresses congestion and congestion control in the Internet. It shows how congestion control has always depended upon altruistic behavior by end users. Equipment failures, malicious acts, or abandonment of altruistic behavior can lead to severe congestion within the Internet. Consumers benefit when network operators are able to control such congestion. One tool for controlling such congestion is giving higher priority to some applications, such as telephone calls, and …
The Internet Ecosystem: The Potential For Discrimination, 2011 University of Colorado
The Internet Ecosystem: The Potential For Discrimination, Dick Grunwald
Federal Communications Law Journal
Symposium: Rough Consensus and Running Code: Integrating Engineering Principles into Internet Policy Debates, held at the University of Pennsylvania's Center for Technology Innovation and Competition on May 6-7, 2010.
This Article explores how the emerging Internet architecture of "cloud computing," content distribution networks, private peering and data-center services can simultaneously foster a perception of "unfair" network access while at the same time enabling significant competition for services, content, and innovation. A key enabler of these changes is the emergence of technologies that lower the barrier for entry in developing and deploying new services. Another is the design of successful Internet …
Spectrum Miscreants, Vigilantes, And Kangaroo Courts: The Return Of The Wireless Wars, 2011 University of Illinois at Urbana-Champaign
Spectrum Miscreants, Vigilantes, And Kangaroo Courts: The Return Of The Wireless Wars, Christian Sandvig
Federal Communications Law Journal
Symposium: Rough Consensus and Running Code: Integrating Engineering Principles into Internet Policy Debates, held at the University of Pennsylvania's Center for Technology Innovation and Competition on May 6-7, 2010.
It is axiomatic that government licensing is a foundational requirement for the use of the electromagnetic spectrum. Yet in some bands there is no licensing requirement, providing an empirical site that can be used to examine wireless coexistence without licenses. This Article draws on ethnographic work with wireless Internet Service Providers to report on the extralegal means that are used to share or allocate spectrum in these license exempt bands. Operators …
Restraining Amazon.Com's Orwellian Potential: The Computer Fraud And Abuse Act As Consumer Rights Legislation, 2011 Indiana University Maurer School of Law
Restraining Amazon.Com's Orwellian Potential: The Computer Fraud And Abuse Act As Consumer Rights Legislation, Alicia C. Sanders
Federal Communications Law Journal
In 2009, Amazon.com decided to correct a potential copyright violation by deleting e-books by George Orwell and Ayn Rand from the Kindles of users who had already purchased the offending texts. Two of those users, Justin Gawronski and Antoine Bruguier, claimed that Amazon.com had violated the Computer Fraud and Abuse Act (CFAA) by accessing their Kindles without authorization. The plaintiffs also relied on other causes of action, including breach of contract and trespass to chattels. Although the dispute quickly settled, the Gawronski lawsuit remains a useful case study that shows why the CFAA is a useful protection for consumers. Recently, …
Television For All: Increasing Television Accessibility For The Visually Impaired Through The Fcc's Ability To Regulate Video Description Technology, 2011 Indiana University Maurer School of Law
Television For All: Increasing Television Accessibility For The Visually Impaired Through The Fcc's Ability To Regulate Video Description Technology, Joshua S. Robare
Federal Communications Law Journal
Video descriptions allow people who have visual impairments to get the full benefits from television. Through voiceovers those who have problems seeing are told what is happening on screen allowing them to get the most out of viewing television. However, the Federal Communications Commission currently lacks the authority to require broadcasters to create video descriptions for their programs following the decision in Motion Picture Association of America, Inc. v. Federal Communications Commission. This situation contrasts with closed caption which allows viewers with hearing problems read the dialog being said on screen. The FCC retained the power to regulate closed captions …
Access To Media All A-Twitter: Revisiting Gertz And The Access To Media Test In The Age Of Social Networking, 2011 Indiana University Maurer School of Law
Access To Media All A-Twitter: Revisiting Gertz And The Access To Media Test In The Age Of Social Networking, Ann E. O'Connor
Federal Communications Law Journal
Plaintiffs' access to media has long been a factor in defamation cases, enabling courts to determine whether that plaintiff is a public figure who must meet the actual malice standard, or whether that plaintiff is a private figure worthy of greater protection from defamation. This component of the public-private distinction can no longer be applied with clear precision, given the advent of social networking and today's world of widespread media access. In light of the massive changes that have taken place in the media world, the access to media test must be revisited and appropriately retailored to avoid an inappropriate …
Beyond Decisional Independence: Uncovering Contributors To The Immigration Adjudication Crisis, 2011 Widener Law
Beyond Decisional Independence: Uncovering Contributors To The Immigration Adjudication Crisis, Jill Family
Jill E. Family
Net Neutrality And The Takings Clause, 2011 Boston College Law School
Net Neutrality And The Takings Clause, Daniel Lyons
Daniel Lyons
No abstract provided.
La Ciudadanía Económica En El Perú: El Consumidor, 2011 Selected Works
La Ciudadanía Económica En El Perú: El Consumidor, Pierino Stucchi
Pierino Stucchi
No abstract provided.