Are Those Who Ignore History Doomed To Repeat It?, 2011 University of Pennsylvania
Are Those Who Ignore History Doomed To Repeat It?, Peter Decherney, Nathan Ensmenger, Christopher S. Yoo
All Faculty Scholarship
In The Master Switch, Tim Wu argues that four leading communications industries have historically followed a single pattern that he calls “the Cycle.” Because Wu’s argument is almost entirely historical, the cogency of its claims and the force of its policy recommendations depends entirely on the accuracy and completeness of its treatment of the historical record. Specifically, he believes that industries begin as open, only to be transformed into closed systems by a great corporate mogul until some new form of ingenuity restarts the Cycle anew. Interestingly, even taken at face value, many of the episodes described in the …
Deregulation Vs. Reregulation Of Telecommunications: A Clash Of Regulatory Paradigms, 2011 University of Pennsylvania Carey Law School
Deregulation Vs. Reregulation Of Telecommunications: A Clash Of Regulatory Paradigms, Christopher S. Yoo
All Faculty Scholarship
For the past several decades, U.S. policymakers and the courts have charged a largely deregulatory course with respect to telecommunications. During the initial stages, these decisionmakers responded to technological improvements by narrowing regulation to cover only those portions of industry that remained natural monopolies and deregulating those portions that became open to competition. Eventually, Congress began regulating individual network components rather than services, mandating that incumbent local telephone companies provide unbundled access to any network element. As these elements became open to competition, the courts prompted the Federal Communications Commission to release almost the entire network from unbundling obligations. The …
Baum Lecture 2010, 2011 Columbia Law School
Baum Lecture 2010, Lee C. Bollinger
Faculty Scholarship
As part of the Baum Lecture Series at the University of Illinois College of Law, Columbia University President Lee C. Bollinger delivered a lecture on September 14, 2010, on the essential role of a global free press in providing the information needed to understand the many problematic issues we face as a result of globalization. In this presentation, President Bollinger addressed the challenges of maintaining high-quality institutions of American journalism with an international reporting capacity in the face of rapidly changing market forces. He further discussed America’s interest in seeing the rise of a free and independent press in nations …
Antitrust Review Of The At&T/T-Mobile Transaction, 2011 University of Tennessee
Antitrust Review Of The At&T/T-Mobile Transaction, Maurice E. Stucke, Allen Grunes
College of Law Faculty Scholarship
In this Essay, we review AT&T Inc.’s proposed $39 billion acquisition of T-Mobile USA, Inc., under federal merger law, under the U.S. Department of Justice and Federal Trade Commission’s 2010 Horizontal Merger Guidelines, and with a focus on possible remedies. We find, under a rule of law approach, that the proposed acquisition is presumptively anticompetitive, and the merging parties in their public disclosures have failed to overcome this presumption. Next we find that under the Merger Guidelines, there is reason to believe that the transaction may result in higher prices to consumers under several different plausible theories. Finally, we turn …
Opinions, Implications, And Confusions, 2011 University of Michigan Law School
Opinions, Implications, And Confusions, Leonard M. Niehoff
Articles
The law of defamation is haunted by ancient common law principles, such as the distinction between libel per se and libel per quad, that contribute nothing to our current jurisprudence beyond providing opportunities for misunderstanding and perplexity. Unfortunately, more contemporary doctrines have further complicated the field by sowing fresh confusions. This article explores two such doctrines-the principle that a defamation claim cannot rest upon an opinion and the principle that a defamation claim can rest upon unstated implications- and suggests that there are troublesome contradictions both within them and between them. In short, this article respectfully proposes that these two …
Tethering The Administrative State: The Case Against Chevron Deference For Fcc Jurisdictional Claims, 2010 Boston College Law School
Tethering The Administrative State: The Case Against Chevron Deference For Fcc Jurisdictional Claims, Daniel Lyons
Daniel Lyons
Like many other agencies, the Federal Communications Commission has seen significant regulatory growth under President Obama. But unlike health care, financial reform, and other areas, this growth has come without statutory guidance from Congress. The FCC’s assertion of jurisdiction over broadband service is reminiscent of its earlier attempts to regulate cable and to deregulate telephone service, efforts that courts have viewed skeptically in the absence of specific statutory authorization. But this skepticism is in tension with Chevron, which grants agencies substantial deference to interpret ambiguities in the statutes that they administer. This article argues that Chevron deference should not extend …
Presentation, Universal Service Fund Reform: The Next Five Years, 2010 Boston College Law School
Presentation, Universal Service Fund Reform: The Next Five Years, Daniel Lyons
Daniel Lyons
No abstract provided.
Towards A Pedagogy Of Fair Use For Multimedia Composition, 2010 Harrington School of Communication and Media, University of Rhode Island
Towards A Pedagogy Of Fair Use For Multimedia Composition, Renee Hobbs, Katie E. Donnelly
Renee Hobbs
No abstract provided.
Requirements Of A Valid Islamic Marriage Vis-À-Vis Requirements Of A Valid Customary Marriage In Nigeria, 2010 Lead City University, Ibadan
Requirements Of A Valid Islamic Marriage Vis-À-Vis Requirements Of A Valid Customary Marriage In Nigeria, Olanike Sekinat Odewale Mrs
Olanike Sekinat Adelakun
Candados Negociales En El Modelo De Franquicia, 2010 Selected Works
Candados Negociales En El Modelo De Franquicia, Rodolfo C. Rivas Rea Esq., Marco A. Vargas Iñiguez Esq.
Rodolfo C. Rivas
The authors discuss different legal mechanisms to franchise your business successfully while minimizing legal risks.//////////////////////////////////////Los autores analizan los diferentes mecanismos legales para desarrollar una franquicia con éxito y reducir al mínimo los riesgos legales.
Government Speech And Online Forums: First Amendment Limitations On Moderating Public Discourse On Government Websites, 2010 Brigham Young University Law School
Government Speech And Online Forums: First Amendment Limitations On Moderating Public Discourse On Government Websites, David S. Ardia
BYU Law Review
No abstract provided.
Technology: How To Stay Out Of Court, 2010 Western Kentucky University
Technology: How To Stay Out Of Court, Erin Jozwiak, Heather Thomas, Jackie Pillow, George Taylor Ii
Parameters of Law in Student Affairs and Higher Education (CNS 670)
It is hard to believe that over a century ago business professionals, educators, high school and college students were writing letters with a pen and ink, making telephone calls on a land line phone, and physically making home visits to family and friends. In today’s society, texting has replaced phone calls, picture and video messaging has replaced face to face conversation, emails has replaced letter writing and social networking is changing the face of how electronic communication is viewed along and administered.
Electronic communication has led the way in this new millennium of communication and because technology is changing so …
The Challenge Of Developing Effective Public Policy On The Use Of Social Media By Youth, 2010 Harvard Law School
The Challenge Of Developing Effective Public Policy On The Use Of Social Media By Youth, John Palfrey
Federal Communications Law Journal
Symposium: Essays from Time Warner Cable's Research Program on Digital Communications.
Introduction To Essays On The Future Of Digital Communications, 2010 Time Warner Cable
Introduction To Essays On The Future Of Digital Communications, Ferando R. Laguarda
Federal Communications Law Journal
Symposium: The Future of Digital Communications: Essays from Time Warner Cable's Research Program on Digital Communications.
The Future Of Digital Communications Research And Policy, 2010 Technology Policy Institute
The Future Of Digital Communications Research And Policy, Scott Wallsten
Federal Communications Law Journal
Symposium: Essays from Time Warner Cable's Research Program on Digital Communications.
The Changing Patterns Of Internet Usage, 2010 University of Pennsylvania
The Changing Patterns Of Internet Usage, Christopher S. Yoo
Federal Communications Law Journal
Symposium: Essays from Time Warner Cable's Research Program on Digital Communications.
Revisiting The Regulatory Status Of Broadband Internet Access: A Policy Framework For Net Neutrality And An Open Competitive Internet, 2010 Economics and Technology, Inc.
Revisiting The Regulatory Status Of Broadband Internet Access: A Policy Framework For Net Neutrality And An Open Competitive Internet, Lee L. Selwyn, Helen E. Golding
Federal Communications Law Journal
A decade of broadband access deregulation has landed the FCC at a legal deadend. After the D.C. Circuit's Comcast decision, the FCC finds itself unable to enforce its "net neutrality" goals. To reassert its jurisdiction over "net neutrality," the FCC proposes to reclassify broadband Internet access as a Title II "telecommunications service" while continuing to forbear from most other facets of common carrier regulation. The FCC's current dilemma results from an unfortunate combination of unverified predictive judgments associating deregulation with investment; overly optimistic assessments of competition in the consumer broadband market; the abandonment of the "bright line" between transmission and …
The Challenge Of Increasing Civic Engagement In The Digital Age, 2010 Joint Center for Political and Economic Studies
The Challenge Of Increasing Civic Engagement In The Digital Age, Nicol Turner-Lee
Federal Communications Law Journal
Symposium: Essays from Time Warner Cable's Research Program on Digital Communications.
The Challenge Of Increasing Broadband Capacity, 2010 University of Colorado at Boulder
The Challenge Of Increasing Broadband Capacity, Dale N. Hatfield
Federal Communications Law Journal
Symposium: Essays from Time Warner Cable's Research Program on Digital Communications.
Editor's Note, 2010 Indiana University Maurer School of Law
Editor's Note, Ann E. O'Connor
Federal Communications Law Journal
No abstract provided.