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Communications Law Commons

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All Articles in Communications Law

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Making A Mark: Taking A Glance At Trademarks And Graphic Infringement, Heather S. Ray 2015 California Western School of Law

Making A Mark: Taking A Glance At Trademarks And Graphic Infringement, Heather S. Ray

Heather S Ray

No abstract provided.


The Doctrine Of True Threats: Protecting Our Ever-Shrinking First Amendment Rights In The New Era Of Communication, Mary M. Roark 2015 University of Mississippi Main Campus

The Doctrine Of True Threats: Protecting Our Ever-Shrinking First Amendment Rights In The New Era Of Communication, Mary M. Roark

Mary M Roark

The First Amendment provides that “Congress shall make no law . . . abridging the freedom of speech.” Such protection has withstood the test of time and is heralded as one of our most precious rights as Americans. “The hallmark of the protection of free speech is to allow ‘free trade in ideas’—even ideas that the overwhelming majority of people might find distasteful or discomforting." However, “[t]here are certain well-defined and narrowly limited classes of speech, the prevention and punishment of which has never been thought to raise any Constitutional problem."

One such proscribable form of speech is the “true threat ...


Innovations In Mobile Broadband Pricing, Daniel A. Lyons 2015 Boston College Law School

Innovations In Mobile Broadband Pricing, Daniel A. Lyons

Boston College Law School Faculty Papers

The FCC’s net neutrality rules sought to limit interference by broadband service providers in markets for Internet-based content and applications. But to do so, the Commission significantly reduced the amount of innovation possible in the broadband service market. Within limits, broadband providers were permitted to offer different plans that vary the quantity of service available to customers, as well as the quality of that service. But they generally could not vary the service itself: with limited exceptions, broadband providers were generally required to offer customers access to all lawful Internet traffic, or none at all.

This paper explores the ...


Keeping The State’S Secrets: Ireland’S Road From ‘Official’ Secrets To Freedom Of Information, Michael Foley 2015 Dublin Institute of Technology

Keeping The State’S Secrets: Ireland’S Road From ‘Official’ Secrets To Freedom Of Information, Michael Foley

Books/Book chapters

The introduction of the Freedom of Information act in Ireland in 1997 was a profound change for a state, a civil service and political system far more comfortable with official secrets. It has had a transformational effect on relations between citizen and the state, and has been useful for journalists despite many challenges. After its introduction it was then amended, with high costs and limitations imposed. It has subsequently been amended again to restore much of its previous powers.


Cookie Monster: Balancing Internet Privacy With Commerce, Technology And Terrorism, Nichoel Forrett 2014 Touro Law School

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 2014 Touro College Jacob D. Fuchsberg Law Center

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 2014 Duke Law

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 2014 The Catholic University of America, Columbus School of Law

The Ip Transition And The Need For Common Carrier Regulation, Nicholas Kokkinos

CommLaw Conspectus: Journal of Communications Law and Technology Policy

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 2014 The Catholic University of America, Columbus School of Law

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

No abstract provided.


Volume 23 Masthead, 2014 The Catholic University of America, Columbus School of Law

Volume 23 Masthead

CommLaw Conspectus: Journal of Communications Law and Technology Policy

No abstract provided.


The Procrustean Problem With Prescriptive Regulation, Maureen K. Ohlhausen 2014 Federal Trade Commission

The Procrustean Problem With Prescriptive Regulation, Maureen K. Ohlhausen

CommLaw Conspectus: Journal of Communications Law and Technology Policy

No abstract provided.


Guarding Against Abuse: The Costs Of Excessively Long Copyright Terms, Derek Khanna 2014 The Catholic University of America, Columbus School of Law

Guarding Against Abuse: The Costs Of Excessively Long Copyright Terms, Derek Khanna

CommLaw Conspectus: Journal of Communications Law and Technology Policy

No abstract provided.


Surfing For Protection: Why Websites Should Be Categorically Excluded From Trade Dress Protection, Matt Mikels 2014 The Catholic University of America, Columbus School of Law

Surfing For Protection: Why Websites Should Be Categorically Excluded From Trade Dress Protection, Matt Mikels

CommLaw Conspectus: Journal of Communications Law and Technology Policy

No abstract provided.


The Evolution Of Innovation And The Evolution Of Regulation: Emerging Tensions And Emerging Opportunities In Communications, Larry Downes, John W. Mayo 2014 The Catholic University of America, Columbus School of Law

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

No abstract provided.


Protecting The Free Flow Of Information: Federal Shield Laws In The Digital Age, Arielle Giordano 2014 The Catholic University of America, Columbus School of Law

Protecting The Free Flow Of Information: Federal Shield Laws In The Digital Age, Arielle Giordano

CommLaw Conspectus: Journal of Communications Law and Technology Policy

No abstract provided.


Section 10 Forbearance: Asking The Right Questions To Get The Right Answers, George S. Ford, Lawrence J. Spiwak 2014 The Catholic University of America, Columbus School of Law

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

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 ...


The Unexamined Life In The Era Of Big Data: Toward A Udaap For Data, Sean Brian 2014 SelectedWorks

The Unexamined Life In The Era Of Big Data: Toward A Udaap For Data, Sean Brian

Sean Brian

No abstract provided.


Copyright, Fair Use And Author’S Rights Ii (October/November 2014), Paul Royster 2014 University of Nebraska-Lincoln

Copyright, Fair Use And Author’S Rights Ii (October/November 2014), Paul Royster

Library 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 ...


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 2014 University of Georgia School of Law

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 2014 University of Georgia School of Law

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.


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