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Toward A New Language Of Legal Drafting, Matthew Roach 2015 Stanford University

Toward A New Language Of Legal Drafting, Matthew Roach

Matthew Roach

Lawyers should write in document markup language just like web developers, digital publishers, scientists, and almost everyone else.


An Approach To The Regulation Of Spanish Banking Foundations, Miguel Martínez 2015 Universidad Pontificia de Comillas

An Approach To The Regulation Of Spanish Banking Foundations, Miguel Martínez

Miguel Martínez

The purpose of this paper is to analyze the legal framework governing banking foundations as they have been regulated by Spanish Act 26/2013, of December 27th, on savings banks and banking foundations. Title 2 of this regulation addresses a construct that is groundbreaking for the Spanish legal system, still of paramount importance for the entire financial system insofar as these foundations become the leading players behind certain banking institutions given the high interest that foundations hold in the share capital of such institutions.


Legal Xray On The Proposed Electronic Communications Bill In Nigeria, Oluwaseun Viyon Ojo 2015 Lagos State University

Legal Xray On The Proposed Electronic Communications Bill In Nigeria, Oluwaseun Viyon Ojo

Oluwaseun Viyon Ojo

The National Assembly in Nigeria intends to pass the proposed electronic communications bill as brought before it. To start with, the gravamen of the proposed bill is to confer on the Nigerian Communications Commission( the regulatory body in respect of the communications sector) and security agencies the unrestricted powers to intrude into private communications of Nigerians such as telephone calls, email messages and such other electronic exchange of information like short messaging service(SMS) and multimedia applications with a view to enhancing national security, preventing crime and facilitating criminal investigations. It is pertinent to state here that the proposed Electronic ...


Social Media And The Internet: A Story Of Privatization, Victoria D. Baranetsky 2015 Pace University

Social Media And The Internet: A Story Of Privatization, Victoria D. Baranetsky

Pace Law Review

This article will question what role private and public actors assume in the current structure of data collection and what potential rights are violated. To tease out the relationship between the private and government sectors, this article, for sake of argument, accepts as fact that surveillance is a core government function and that data is a public resource collected by private organizations. While those assumptions may be challenged by different definitions of what constitutes a public function, public resource, or mode of collection, this article does not take on those challenges. It also does not ask the normative question of ...


Network Neutrality And Consumer Demand For “Better Than Best Efforts” Traffic Management, Rob Frieden 2015 Penn State University

Network Neutrality And Consumer Demand For “Better Than Best Efforts” Traffic Management, Rob Frieden

Rob Frieden

This paper assesses whether and how ISPs can offer quality of service enhancements, at premium prices for full motion video, while still complying with the new rules and regulations established by the Federal Communications Commission (“FCC”) in March, 2015. The paper explains that having made the controversial decision to reclassify all forms of Internet access as a telecommunications service, the FCC increases regulatory uncertainty. In particular, the FCC has failed to identify instances where “retail ISPs,” serving residential broadband subscribers, can offer quality of service enhancements that serve real consumer wants without harming competition and the ability of most content ...


Masthead, 2015 The Catholic University of America, Columbus School of Law

Masthead

CommLaw Conspectus: Journal of Communications Law and Technology Policy

No abstract provided.


Printing A War In Three Dimensions: Expanding "Article" To Include Electronic Transmissions Before The Itc, Daniel T. Kane 2015 The Catholic University of America, Columbus School of Law

Printing A War In Three Dimensions: Expanding "Article" To Include Electronic Transmissions Before The Itc, Daniel T. Kane

CommLaw Conspectus: Journal of Communications Law and Technology Policy

No abstract provided.


Going Dark: Scratching The Surface Of Government Surveillance, Abdulmajeed Alhogbani 2015 The Catholic University of America, Columbus School of Law

Going Dark: Scratching The Surface Of Government Surveillance, Abdulmajeed Alhogbani

CommLaw Conspectus: Journal of Communications Law and Technology Policy

No abstract provided.


Data Roaming Regulation: The Commercially Reasonable Standard And Its Increasing Need For Clarity, Lucas Childers 2015 The Catholic University of America, Columbus School of Law

Data Roaming Regulation: The Commercially Reasonable Standard And Its Increasing Need For Clarity, Lucas Childers

CommLaw Conspectus: Journal of Communications Law and Technology Policy

No abstract provided.


Selected Docket And Legislative Summaries, 2015 The Catholic University of America, Columbus School of Law

Selected Docket And Legislative Summaries

CommLaw Conspectus: Journal of Communications Law and Technology Policy

No abstract provided.


Net Neutrality At 10+; National Broadband Plan At 5; Civic Internet Of Things At Birth: Lessons In Government Action In A Changing Landscape, Blair Levin 2015 The Catholic University of America, Columbus School of Law

Net Neutrality At 10+; National Broadband Plan At 5; Civic Internet Of Things At Birth: Lessons In Government Action In A Changing Landscape, Blair Levin

CommLaw Conspectus: Journal of Communications Law and Technology Policy

No abstract provided.


Lost In Translation: The Case For The Addition Of A Directness Test In Online True Threat Analysis, Megan Chester 2015 The Catholic University of America, Columbus School of Law

Lost In Translation: The Case For The Addition Of A Directness Test In Online True Threat Analysis, Megan Chester

CommLaw Conspectus: Journal of Communications Law and Technology Policy

No abstract provided.


Overestimating Wireless Demand: Policy And Investment Implications Of Upward Bias In Mobile Data Forecasts, Aalok Mehta, J. Armand Musey, CFA, JD/MBA 2015 The Catholic University of America, Columbus School of Law

Overestimating Wireless Demand: Policy And Investment Implications Of Upward Bias In Mobile Data Forecasts, Aalok Mehta, J. Armand Musey, Cfa, Jd/Mba

CommLaw Conspectus: Journal of Communications Law and Technology Policy

No abstract provided.


Universal Service In An All-Ip World, Jodie Griffin 2015 The Catholic University of America, Columbus School of Law

Universal Service In An All-Ip World, Jodie Griffin

CommLaw Conspectus: Journal of Communications Law and Technology Policy

For more than 100 years, the United States has used a variety of policy tools to encourage and ensure ubiquitous, affordable basic communications service. Universal and accessible communications services have been the foundation upon which our economy, personal communications, and civic participation depend. The laws and rules used to achieve universal service, however, have evolved with new technologies and markets and now, as the network is in the midst of several new technology transitions, the question of how to achieve and measure universal service arises again.

This article examines the basic question of what the “basic service” is in today ...


“Wire” Circuit Courts Split On Cable Piracy: The Fifth Circuit Examines Federal Telecommunications Law In J&J Sports Productions, Inc. V. Mandell Family Ventures, Brian Fleming 2015 Boston College Law School

“Wire” Circuit Courts Split On Cable Piracy: The Fifth Circuit Examines Federal Telecommunications Law In J&J Sports Productions, Inc. V. Mandell Family Ventures, Brian Fleming

Boston College Law Review

On May 2, 2014, in J&J Sports Productions, Inc. v. Mandell Family Ventures, LLC, the U.S. Court of Appeals for the Fifth Circuit overturned the lower court’s decision and held that section 605 of the Communications Act of 1934 does not apply to the unauthorized reception of cable wire transmissions originating as radio communications. The Fifth Circuit joined the Seventh and Third Circuits in maintaining that section 553 of the Communications Act of 1934 exclusively regulates this unauthorized reception after analyzing the legislative history and congressional intent behind the federal regulation. The Second Circuit, alternatively, has ruled ...


An International Right To Privacy? Be Careful What You Wish For, Stephen J. Schulhofer 2015 NYU School of Law

An International Right To Privacy? Be Careful What You Wish For, Stephen J. Schulhofer

New York University Public Law and Legal Theory Working Papers

Nations now have unprecedented capacity to spy on global communication, and yet they typically acknowledge no legal restrictions on their right to surveil non-citizens outside their borders. Moreover, incidental collection and inter-governmental cooperation give people little protection against surveillance by their own governments as well.

There is growing support for plugging these loopholes by a multilateral agreement that would establish internationally applicable safeguards. The present paper concludes that such an agreement, far from strengthening global privacy protection, would almost certainly weaken it. Even among Western democracies, the search for transnational common ground and the institutional priorities of the negotiators would ...


Right-Sizing Spectrum Auction Licenses: The Case For Smaller Geographic License Areas In The Tv Broadcast Incentive Auction, William H. Lehr PhD, J. Armand Musey CFA 2015 Massachusetts Institute of Technology

Right-Sizing Spectrum Auction Licenses: The Case For Smaller Geographic License Areas In The Tv Broadcast Incentive Auction, William H. Lehr Phd, J. Armand Musey Cfa

J. Armand Musey, CFA

The wireless sector is a key contributor to economic activity and growth. Over the next several years, wireless service providers are expected to invest $25 to $53 billion upgrading and expanding their networks to deploy 4G mobile broadband across the nation. All told, wireless broadband investment and the services and innovation supported by such investment are expected to add between $259 and $355 billion to US GDP each year through 2017.

The Federal Communications Commission ("Commission" or "FCC") is currently designing the largest ever auction of terrestrial wireless spectrum, currently planned for late 2014 (the "Incentive Auction"). The purpose is ...


Close But No Cigar: Telecommunications In Cuba, jodi benassi 2015 Santa Clara University of Law

Close But No Cigar: Telecommunications In Cuba, Jodi Benassi

Jodi Benassi

No abstract provided.


Beyond Net Neutrality: International Examples Enabling Innovation And Consumer Choice In The Mobile Internet Ecosystem, Daniel Lyons 2015 Boston College

Beyond Net Neutrality: International Examples Enabling Innovation And Consumer Choice In The Mobile Internet Ecosystem, Daniel Lyons

Daniel Lyons

The FCC’s new Open Internet rules seek to limit interference by broadband service providers in markets for Internet-based content and applications. But to do so, the rules may significantly reduce the amount of innovation possible in the broadband service market. An aggressive interpretation of the rules suggests that broadband providers are generally required to offer customers access to all lawful Internet traffic, or none at all.

This paper explores the way in which this all-or-nothing homogenization of the American broadband product differs from innovative non-net-neutral practices that are taking root in other countries, particularly in mobile markets. Around the ...


Beyond Net Neutrality: International Examples Enabling Innovation And Consumer Choice In The Mobile Internet Ecosystem, Daniel Lyons 2015 Boston College

Beyond Net Neutrality: International Examples Enabling Innovation And Consumer Choice In The Mobile Internet Ecosystem, Daniel Lyons

Boston College Law School Faculty Papers

The FCC’s new Open Internet rules seek to limit interference by broadband service providers in markets for Internet-based content and applications. But to do so, the rules may significantly reduce the amount of innovation possible in the broadband service market. An aggressive interpretation of the rules suggests that broadband providers are generally required to offer customers access to all lawful Internet traffic, or none at all.

This paper explores the way in which this all-or-nothing homogenization of the American broadband product differs from innovative non-net-neutral practices that are taking root in other countries, particularly in mobile markets. Around the ...


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