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Market Definition And The Economic Effects Of Special Access Price Regulation, T. Randolph Beard, George S. Ford, PhD, Lawrence J. Spiwak, Esq. 2014 The Catholic University of America, Columbus School of Law

Market Definition And The Economic Effects Of Special Access Price Regulation, T. Randolph Beard, George S. Ford, Phd, Lawrence J. Spiwak, Esq.

CommLaw Conspectus: Journal of Communications Law and Technology Policy

Market definition is an essential ingredient to competitive and regulatory analysis. Yet, there is significant disparity regarding the definition of the relevant geographic market for high-capacity circuits, commonly referred to as Special Access services. Given the present debate over expanding price regulation in this sector, the importance of market definition on the expected economic effects of regulation is worth evaluating. In this article, we demonstrate that if geographic markets are “location specific” and supplied by a monopolist as the proponents of regulation claim, then price regulation reduces economic welfare in all instances. That is, even with monopoly supply, regulation offers ...


Aereo: Cutting The Cord Or Splitting The Circuit?, Julie Borna 2014 The Catholic University of America, Columbus School of Law

Aereo: Cutting The Cord Or Splitting The Circuit?, Julie Borna

CommLaw Conspectus: Journal of Communications Law and Technology Policy

No abstract provided.


Equalizing Webcasting Licensing Schemes: The Internet Radio Fairness Act And The Future Of Internet Radio, Abbi Hutcherson 2014 The Catholic University of America, Columbus School of Law

Equalizing Webcasting Licensing Schemes: The Internet Radio Fairness Act And The Future Of Internet Radio, Abbi Hutcherson

CommLaw Conspectus: Journal of Communications Law and Technology Policy

No abstract provided.


Technology In The Courtroom: Promoting Transparency Or Destroying Solemnity?, Emily Ittner 2014 The Catholic University of America, Columbus School of Law

Technology In The Courtroom: Promoting Transparency Or Destroying Solemnity?, Emily Ittner

CommLaw Conspectus: Journal of Communications Law and Technology Policy

No abstract provided.


Taxing And Regulating Bitcoin: The Government's Game Of Catch Up, Patrick McLeod 2014 The Catholic University of America, Columbus School of Law

Taxing And Regulating Bitcoin: The Government's Game Of Catch Up, Patrick Mcleod

CommLaw Conspectus: Journal of Communications Law and Technology Policy

No abstract provided.


Restoring Foia's Reach To The National Security Council, Andrew Yingling 2014 The Catholic University of America, Columbus School of Law

Restoring Foia's Reach To The National Security Council, Andrew Yingling

CommLaw Conspectus: Journal of Communications Law and Technology Policy

No abstract provided.


Selected Docket And Legislative Summaries, 2014, 2014 The Catholic University of America, Columbus School of Law

Selected Docket And Legislative Summaries, 2014

CommLaw Conspectus: Journal of Communications Law and Technology Policy

No abstract provided.


Reactions Of Broadband Service Providers To The Growth Of Video Streaming, John Meisel 2014 The Catholic University of America, Columbus School of Law

Reactions Of Broadband Service Providers To The Growth Of Video Streaming, John Meisel

CommLaw Conspectus: Journal of Communications Law and Technology Policy

No abstract provided.


Linking To Liability: When Linking To Leaked Films, Scripts, And Television Shows Is Copyright Infringement,, Kimberlianne Podlas 2014 SelectedWorks

Linking To Liability: When Linking To Leaked Films, Scripts, And Television Shows Is Copyright Infringement,, Kimberlianne Podlas

Kimberlianne Podlas

This article examines the problem of movies, scripts, and other entertainment works being leaked online, and whether news and fan sites that link to such works are liable for copyright infringement. In the past few months alone, The Expendables 3, next week’s Doctor Who Series 8 premier, and Quentin Tarantino’s The Hateful Eight screenplay have all been leaked online. Internet leaks are uniquely problematic, as it is often not possible to identify the source of leak, traditional contract and tort remedies may not apply, or the greatest harm may be due to third parties’ linking to the work ...


The Costs And Benefits Of Regulatory Intervention In Internet Service Provider Interconnection Disputes: Lessons From Broadcaster-Cable Retransmission Consent Negotiations, Rob Frieden 2014 SelectedWorks

The Costs And Benefits Of Regulatory Intervention In Internet Service Provider Interconnection Disputes: Lessons From Broadcaster-Cable Retransmission Consent Negotiations, Rob Frieden

Rob Frieden

This paper considers what limited roles the FCC may lawfully assume to ensure timely and fair interconnection and compensation agreements in the Internet ecosystem. The paper examines the FCC’s limited role in broadcaster-cable television retransmission consent negotiations with an eye toward assessing the applicability of this model. The FCC explicitly states that it lacks jurisdiction to prescribe terms, or to mandate binding arbitration. However, it recently interpreted its statutory authority to ensure “good faith” negotiations as allowing it to constrain broadcaster negotiating leverage by prohibiting multiple operators, having the largest market share, from joining in collective negotiations with cable ...


Internet Protocol Television And The Challenge Of “Mission Critical” Bits., Rob Frieden 2014 SelectedWorks

Internet Protocol Television And The Challenge Of “Mission Critical” Bits., Rob Frieden

Rob Frieden

The Internet increasingly provides an alternative distribution medium for video and other types of high value, bandwidth intensive content. Many consumers have become “technology agnostic” about what kind of wireline or wireless medium provides service. However, they expect carriers to offer access anytime, anywhere, via any device and in any format. These early adopters of new technologies and alternatives to “legacy” media have no patience with the concept of “appointment television” that limits access to a specific time, on a single channel and in only one presentation format.

This paper assesses whether and how Internet Service Providers (“ISPs”) can offer ...


Fcc Comments Workshop, Laura Quilter 2014 University of Massachusetts - Amherst

Fcc Comments Workshop, Laura Quilter

Laura Quilter

No abstract provided.


Protecting The Sender: Liability Protection For The Senders Of Electronic Communication, Meredith W. Doherty 2014 SelectedWorks

Protecting The Sender: Liability Protection For The Senders Of Electronic Communication, Meredith W. Doherty

Meredith W. Doherty

As the technology of smartphones has progressed, electronic communication has become an integral and portable part of our daily lives. A recent New Jersey case highlighted the issue of holding the sender of a text message liable for injuries resulting from a motor vehicle accident in which the driver at fault was reading a text message from the sender at the time of the accident. This note focuses on the implications of such liability being imposed on senders of text messages as well as the slippery slope that could result, taking all forms of electronic communication, social media and mobile ...


Balancing The Scales: Adhuc Sub Judice Li Est Or Trial By Media, Casey J. Cooper 2014 SelectedWorks

Balancing The Scales: Adhuc Sub Judice Li Est Or Trial By Media, Casey J. Cooper

Casey J Cooper

The right to freedom of expression and free press is recognized under almost all major human rights instruments and domestic legal systems—common and civil—in the world. However, what do you do when a fundamental right conflicts with another equally fundamental right, like the right to a fair trial? In the United States, the freedom of speech, encompassing the freedom of the press, goes nearly unfettered: the case is not the same for other common law countries. In light of cultural and historic facts, institutional factors, modern realities, and case-law, this Article contends that current American jurisprudence does not ...


Systematic Ict Surveillance By Employers: Are Your Personal Activities Private?, Arlene J. Nicholas 2014 Salve Regina University

Systematic Ict Surveillance By Employers: Are Your Personal Activities Private?, Arlene J. Nicholas

Faculty and Staff - Articles & Papers

This paper reviews the various methods of information and communications technology (ICT) that is used by employers to peer into the work lives and, in some cases, private lives of employees. Some of the most common methods – such as computer and Internet monitoring, video surveillance, and global positioning systems (GPS) – have resulted in employee disciplines that have been challenged in courts. This paper provides background information on United States (U.S.) laws and court cases which, in this age of easily accessible information, mostly support the employer. Assessments regarding regulations and policies, which will need to be continually updated to ...


How Technology Has Enabled Timeliness At The Tio (Slideshow), Simon Cohen 2014 Australian Centre for Justice Innovation

How Technology Has Enabled Timeliness At The Tio (Slideshow), Simon Cohen

Timeliness in the Justice System: Ideas and Innovations

Slideshow by Mr Simon Cohen, Telecommunications Industry Ombudsman for the for the Timeliness in the Justice System: Ideas and Innovations forum, Australian Centre for Justice Innovation, Monash University, 16-17 May 2014.

'Innovations in Timeliness – Technology' session, 2:30-3:30 pm, 16 May 2014.


Webmail At Work: The Case For Protection Against Employer Monitoring, Marc A. Sherman 2014 Touro College Jacob D. Fuchsberg Law Center

Webmail At Work: The Case For Protection Against Employer Monitoring, Marc A. Sherman

Touro Law Review

No abstract provided.


Drones, Henry H. Perritt Jr., Eliot O. Sprague 2014 Chicago-Kent College of Law

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

All Faculty Scholarship

Abstract

Drone technology is evolving rapidly. Microdrones—what the FAA calls “sUAS”—already on the market at the $1,000 level, have the capability to supplement manned helicopters in support of public safety operations, news reporting, and powerline and pipeline patrol, when manned helicopter support is infeasible, untimely, or unsafe.

Larger drones–"machodrones”–are not yet available outside battlefield and counterterrorism spaces. Approximating the size of manned helicopters, but without pilots, or with human pilots being optional, their design is still in its infancy as designers await greater clarity in the regulatory requirements that will drive airworthiness certification.

This article ...


A Mother Goose Guide To Legal Writing, Jessica Ronay 2014 SelectedWorks

A Mother Goose Guide To Legal Writing, Jessica Ronay

Jessica Ronay

An original substantive poem with footnotes and explanatory paragraphs that provides examples and explanations of legal writing rules, illustrates the nuances of legal writing, and untangles the challenging legal writing concepts for students, professors, scholars, and practitioners.


Drones, Henry H. Perritt Jr., Eliot O. Sprague 2014 Chicago-Kent College of Law

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

Henry H. Perritt, Jr.

Abstract

Drone technology is evolving rapidly. Microdrones—what the FAA calls “sUAS”—already on the market at the $1,000 level, have the capability to supplement manned helicopters in support of public safety operations, news reporting, and powerline and pipeline patrol, when manned helicopter support is infeasible, untimely, or unsafe.

Larger drones–"machodrones”–are not yet available outside battlefield and counterterrorism spaces. Approximating the size of manned helicopters, but without pilots, or with human pilots being optional, their design is still in its infancy as designers await greater clarity in the regulatory requirements that will drive airworthiness certification.

This article ...


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