Digital Commons Network^™

Using Market-Based Spectrum Policy To Promote The Public Interest, Gregory L. Rosston, Jeffrey S. Steinberg

Federal Communications Law Journal

With the increasing demand for spectrum to accommodate emerging technologies, and the discovery that higher frequencies are usable, the FCC has replaced its reliance on administrative mechanisms for allocating spectrum with a more flexible, market-based approach. The FCC can best accomplish its mission of promoting the public interest by continuing to rely on competitive market forces and by establishing a clear and consistent paradigm for approaching allocation, assignment, usage, and other policies. Such a paradigm envisions an FCC that would actively monitor spectrum to remedy situations in which it is not used to its full value; establish mechanisms to reduce …

The Telecommunications Act Of 1996: Codifying The Digital Divide, Allen S. Hammond Iv

Federal Communications Law Journal

The Telecommunications Act of 1996 purports to ensure every American eventual access to advanced telecommunications networks and services, and more immediate access to basic telephone networks and services. This access is essential because it determines the ease with which Americans can acquire an education, obtain employment, control financial affairs, access emergency assistance, and participate in the political process. The interpretation and implementation of the 1996 Act is critical because there is an imminent danger that a large portion of society— in inner cities, near suburbs, and small towns— not be connected to the "national electronic nervous system." To ensure that …

Whither Unregulated Access Competition?, Clayton C. Miller

Federal Communications Law Journal

Book Review: Universal Service: Competition, Interconnection, and Monopoly in the Making of the American Telephone System, by Milton L. Mueller, Jr., MIT Press and AEI Press, 1997, 191 pages.

International Jurisdiction In Cyberspace: Which States May Regulate The Internet?, Stephan Wilske, Teresa Schiller

Federal Communications Law Journal

The Internet now reaches 60 million users in 160 countries, with the number increasing each year. Although cyberspace has been viewed as a self-regulating entity controlled by no government, this myth is being destroyed as the global Internet community expands. With this expansion comes a question: Who has the authority to regulate cyberspace? Given that decisions about the Internet reach far beyond national borders, the answer to this question is unknown, but certainly has broad implications. Traditional laws of international jurisdiction, including jurisdiction to prescribe, jurisdiction to adjudicate, and jurisdiction to enforce, offer some clear answers. However, further development of …

A View From Inside Industry: A Response To Professor Walker's Challenges, Allan J. Weinstein

Indiana Journal of Global Legal Studies

No abstract provided.

Introduction: The Public's Health In The Global Era: Challenges, Responses, And Responsibilities Symposium, David Fidler

Indiana Journal of Global Legal Studies

No abstract provided.

Ecological Theory And International Relations, Dennis Pirages

Indiana Journal of Global Legal Studies

No abstract provided.

In Pursuit Of Profitability And Effectiveness In The Global Pharmaceutical Industry: Comments On Professor Walker's Four Challenges, Louis Lasagna, M.D.

Indiana Journal of Global Legal Studies

No abstract provided.

Global Responses: The Search For Cures In The Development Of Pharmaceuticals, Stuart R. Walker

Indiana Journal of Global Legal Studies

In this article, Professor Stuart Walker examines several challenges that

will be faced by the global pharmaceutical industry in the near future. These

involve the question of improving the overall quality of life and care for

millions in an era of cost containment. In order to respond to the increasing

demands for advances in medicine while simultaneously retaining an

industrially strong, innovative, and resilient economy, responsibility for the

necessary changes will need to be shared among governments, the

pharmaceutical industry, and health care professionals.

In particular, four challenges faced by the global pharmaceutical industry

and their responses to each are …

Global Responsibilities: Ethics, Public Health, And Global Environmental Change, Dale Jamieson

Indiana Journal of Global Legal Studies

In this article, Professor Dale Jamieson examines the relationship between

climate change and public health from an ethical perspective. He begins by

exploring the link between global environmental change and public health and

concludes that global warming poses a serious potential threat to human

health. Professor Jamieson then questions why the potential health effects of

climate change have received so much attention when the other ramifications

of climate change have been left unaddressed He argues that the combination

of several factors has brought the issue of potential health effects to the

forefront of the climate change debate. One such factor …

Global Responsibilities And Bioethics: Reflections On The Council Of Europe's Bioethics Convention, Eibe Riedel

Indiana Journal of Global Legal Studies

No abstract provided.

Global Environmental Change: Health And The Challenge For Human Rights, Satvinder Juss

Indiana Journal of Global Legal Studies

No abstract provided.

The Nature Of Global Commitments And Obligations: Limits On State Sovereignty In The Area Of Asylum, Heather Leary

Indiana Journal of Global Legal Studies

No abstract provided.

Religious Fundamentalism And Legal Systems: Methods And Rationales In The Fight To Control The Political Apparatus, Andrew Paine

Indiana Journal of Global Legal Studies

No abstract provided.

Expert Witnesses Under Rules 703 And 803(4) Of The Federal Rules Of Evidence: Separating The Wheat From The Chaff, L. Timothy Perrin

Indiana Law Journal

No abstract provided.

Ronald Dworkin's The Moral Reading Of The Constitution: A Critique, Raoul Berger

Indiana Law Journal

No abstract provided.

The Globalization Of Public Health: Emerging Infectious Diseases And International Relations, David Fidler

Indiana Journal of Global Legal Studies

In this article, Professor Fidler explains how the processes of

globalization have altered traditional distinctions between national and

international public health. Professor Fidler begins the article by

familiarizing the reader with globalization, reminding the reader that

globalization refers to the various factors that infringe upon a sovereign

state's ability to control what occurs in its territory. Next, the article defines

and discusses emerging infectious diseases (EIDs) and examines the

contributions made by globalization to the emergence and reemergence of

EIDs. The article then develops a "pathology of the globalization of public

health ", which helps the reader to understand better …

Rationing Through Choice: A New Approach To Cost-Effectiveness Analysis In Health Care, Arti Kaur Rai

Indiana Law Journal

No abstract provided.

Justifying Repatriation Of Native American Cultural Property, Sarah Harding

Indiana Law Journal

No abstract provided.

Jack Rakove's Rendition Of Original Meaning, Raoul Berger

Indiana Law Journal

No abstract provided.

An Interdisciplinary Approach To Family Law Jurisprudence: Application Of An Ecological And Therapeutic Perspective, Barbara A. Babb

Indiana Law Journal

No abstract provided.

The Uniform Commercial Code Meets The Seventh Amendment: The Demise Of Jury Trials Under Article 5?, Margaret L. Moses

Indiana Law Journal

No abstract provided.

Linking Copyright To Homepages, Matt Jackson

Federal Communications Law Journal

The explosive growth of the Internet as a widespread medium of communication raises many novel copyright issues. One issue that has escaped much examination is the copyright implications of "links"--references to other Internet Web sites that allow immediate access to those sites. This Comment analyzes such questions as whether linking gives rise to direct or contributory liability to the copyright owner of a linked site, and whether the links themselves are copyrightable. It concludes that, although contributory liability is possible, linking cannot constitute a direct infringement any more than dialing a phone number to reach an answering machine with a …

Globalization In Question: The International Economy And The Possibilities Of Governance, By Paul Hirst And Grahame Thompson, Jeffery A. Hart

Indiana Journal of Global Legal Studies

No abstract provided.

On Political Boundary Lines, Multiculturalism, And The Liberal State, Sanford Levinson

Indiana Law Journal

Symposium: Law and Civil Society

An Essay On The Vicissitudes Of Civil Society With Special Reference To Scotland In The Eighteenth Century, Marvin B. Becker

Indiana Law Journal

Symposium: Law and Civil Society

Individualism As Principle: Its Emergence, Institutionalization, And Contradictions, Political Philosophy, Adam B. Seligman

Indiana Law Journal

Symposium: Law and Civil Society

Media Mergers: First Step In A New Shift Of Antitrust Analysis?, Keith Conrad

Federal Communications Law Journal

An alarming trend toward concentration of media ownership has been highlighted by Walt Disney's acquisition of Capital Cities/ABC, and Time Warner's acquisition of Turner Broadcasting System. While current antitrust approaches are not expected to stem this trend, antitrust is a constantly evolving area of law. As Chairman of the FTC, Robert Pitofsky is in a position to move antitrust analysis away from the economically focused Chicago School approach, and toward an approach which also considers social and political issues. Consideration of these issues is supported by Pitofsky's own writings and could reduce the trend of media concentration.

Getting Our Stories Straight: Narrative Autonomy And Feminist Commitments, Milton C. Regan Jr.

Indiana Law Journal

Symposium: Law and Civil Society

Midwifery: An International Legal Perspective - The Need For Universal Legal Recognition, Danielle Rifkin

Indiana Journal of Global Legal Studies

No abstract provided.