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Articles 61 - 86 of 86
Full-Text Articles in Engineering
Beyond Fair Use, Gideon Parchomovsky, Philip J. Weiser
Beyond Fair Use, Gideon Parchomovsky, Philip J. Weiser
All Faculty Scholarship
For centuries, the fair use doctrine has been the main - if not the exclusive - bastion of user rights. Originating in the English court of equity, the doctrine permitted users under appropriate circumstances to employ copyrighted content without consent from the rightsholder. In the current digital media environment, however, the uncertainty that shrouds fair use and the proliferation of technological protection measures undermine the doctrine and its role in copyright policy. Notably, the enactment of the Digital Millennium Copyright Act, which prohibits the circumvention of such measures even for fair use purposes, has diminished the ability of fair use …
Lessons Learned: Transferring The European Union's Experience With Energy Efficiency Policy To China, Shelley Welton
Lessons Learned: Transferring The European Union's Experience With Energy Efficiency Policy To China, Shelley Welton
All Faculty Scholarship
The European Union (EU) has been at the vanguard of passing forward-thinking energy efficiency policies over the past two decades, although it is still grappling with achieving full implementation of these policies. More recently, China has also been active in making energy efficiency a part of its national energy strategy. However, China has struggled to craft effective energy efficiency laws and to achieve implementation of these laws throughout the country. If successful, the potential for improvements and energy savings in China is tremendous. China has begun to decouple its GDP and its growth in energy consumption over the past twenty …
Network Neutrality, Consumers, And Innovation, Christopher S. Yoo
Network Neutrality, Consumers, And Innovation, Christopher S. Yoo
All Faculty Scholarship
In this Article, Professor Christopher Yoo directly engages claims that mandating network neutrality is essential to protect consumers and to promote innovation on the Internet. It begins by analyzing the forces that are placing pressure on the basic network architecture to evolve, such as the emergence of Internet video and peer-to-peer architectures and the increasing heterogeneity in business relationships and transmission technologies. It then draws on the insights of demand-side price discrimination (such as Ramsey pricing) and the two-sided markets, as well as the economics of product differentiation and congestion, to show how deviating from network neutrality can benefit consumers, …
Rethinking Broadband Internet Access, Daniel F. Spulber, Christopher S. Yoo
Rethinking Broadband Internet Access, Daniel F. Spulber, Christopher S. Yoo
All Faculty Scholarship
The emergence of broadband Internet technologies, such as cable modem and digital subscriber line (DSL) systems, has reopened debates over how the Internet should be regulated. Advocates of network neutrality and open access to cable modem systems have proposed extending the regulatory regime developed to govern conventional telephone and narrowband Internet service to broadband. A critical analysis of the rationales traditionally invoked to justify the regulation of telecommunications networks--such as natural monopoly, network economic effects, vertical exclusion, and the dangers of ruinous competition--reveals that those rationales depend on empirical and theoretical preconditions that do not apply to broadband. In addition, …
What Can Antitrust Contribute To The Network Neutrality Debate?, Christopher S. Yoo
What Can Antitrust Contribute To The Network Neutrality Debate?, Christopher S. Yoo
All Faculty Scholarship
Over the course of the last year, policymakers have begun to consider whether antitrust can play a constructive role in the network neutrality debate. A review of both the theory and the practice of antitrust suggests that it does have something to contribute. As an initial matter, antitrust underscores that standardization and interoperability are not always beneficial and provides a framework for determining the optimal level of standardization. In addition, the economic literature and legal doctrine on vertical exclusion reveal how compelling network neutrality could reduce static efficiency and show how mandating network neutrality could impair dynamic efficiency by deterring …
Keeping The Internet Neutral?: Tim Wu And Christopher Yoo Debate, Tim Wu, Christopher S. Yoo
Keeping The Internet Neutral?: Tim Wu And Christopher Yoo Debate, Tim Wu, Christopher S. Yoo
All Faculty Scholarship
"Net neutrality" has been among the leading issues of telecommunications policy this decade. Is the neutrality of the Internet fundamental to its success, and worth regulating to protect, or simply a technical design subject to improvement? In this debate-form commentary, Tim Wu and Christopher Yoo make clear the connection between net neutrality and broader issues of national telecommunications policy.
Mandating Access To Telecom And The Internet: The Hidden Side Of Trinko, Daniel F. Spulber, Christopher S. Yoo
Mandating Access To Telecom And The Internet: The Hidden Side Of Trinko, Daniel F. Spulber, Christopher S. Yoo
All Faculty Scholarship
Antitrust has long played a major role in telecommunications policy, demonstrated most dramatically by the equal access mandate imposed during the breakup of AT&T. In this Article we explore the extent to which antitrust can continue to serve as a source of access mandates following the Supreme Court's 2004 Trinko decision. Although Trinko sharply criticized access remedies and antitrust courts' ability to enforce them, it is not yet clear whether future courts will interpret the opinion as barring all antitrust access claims. Even more importantly, the opinion contains language hinting at possible bases for differentiating among different types of access, …
Network Neutrality And The Economics Of Congestion, Christopher S. Yoo
Network Neutrality And The Economics Of Congestion, Christopher S. Yoo
All Faculty Scholarship
No abstract provided.
Reconsidering The Dmca, R. Polk Wagner
Reconsidering The Dmca, R. Polk Wagner
All Faculty Scholarship
patents, Law and economics, prosecution history estoppel, doctrine of equivalents, ex ante, ex post, default rules, PTO, Federal Circuit, patent prosecution, patent litigation, intellectual property, patent reform, patent administration, patent office
On The Regulation Of Networks As Complex Systems: A Graph Theory Approach, Daniel F. Spulber, Christopher S. Yoo
On The Regulation Of Networks As Complex Systems: A Graph Theory Approach, Daniel F. Spulber, Christopher S. Yoo
All Faculty Scholarship
The dominant approach to regulating communications networks treats each network component as if it existed in isolation. In so doing, the current approach fails to capture one of the essential characteristics of networks, which is the complex manner in which components interact with one another when combined into an integrated system. In this Essay, Professors Daniel Spulber and Christopher Yoo propose a new regulatory framework based on the discipline of mathematics known as graph theory, which better captures the extent to which networks represent complex systems. They then apply the insights provided by this framework to a number of current …
Architectural Censorship And The Fcc, Christopher S. Yoo
Architectural Censorship And The Fcc, Christopher S. Yoo
All Faculty Scholarship
Most First Amendment analyses of U.S. media policy have focused predominantly on “behavioral” regulation, which either prohibits the transmission of disfavored content (such as indecent programming) or mandates the dissemination of preferred content (such as children’s educational programming and political speech). In so doing, commentators have largely overlooked how program content is also affected by “structural” regulation, which focuses primarily on increasing the economic competitiveness of media industries. In this Article, Professor Christopher Yoo employs economic analysis to demonstrate how structural regulation can constitute a form of “architectural censorship” that has the unintended consequence of reducing the quantity, quality, and …
Beyond Network Neutrality, Christopher S. Yoo
Beyond Network Neutrality, Christopher S. Yoo
All Faculty Scholarship
In this Article, Professor Yoo takes issue with the emerging scholarly consensus in favor of ""network neutrality,"" which would prohibit network owners from employing proprietary protocols or entering into exclusivity agreements with content providers that would reduce the transparency of the Internet. Economic theory suggests that network neutrality advocates are focusing on the wrong policy problem. Rather than directing attention on the market for Internet content and applications, the segments of the industry that are the most competitive and the most likely to remain that way, communications policy would be better served if the focus were placed on the segment …
Would Mandating Network Neutrality Help Or Hurt Broadband Competition? A Comment On The End-To-End Debate, Christopher S. Yoo
Would Mandating Network Neutrality Help Or Hurt Broadband Competition? A Comment On The End-To-End Debate, Christopher S. Yoo
All Faculty Scholarship
No abstract provided.
The Rise And Demise Of The Technology-Specific Approach To The First Amendment, Christopher S. Yoo
The Rise And Demise Of The Technology-Specific Approach To The First Amendment, Christopher S. Yoo
All Faculty Scholarship
This article examines how analytical, technological, and doctrinal developments are forcing the courts to reconsider their media-specific approach to assessing the constitutionality of media regulation. In particular, it offers a comprehensive reevaluation of the continuing validity of the Broadcast Model of regulation, which contains features, such as licensing and direct content regulation, that normally would be considered paradigmatic violations of the First Amendment. Specifically, the analysis assesses the theoretical coherence of the traditional justification for extending a lesser degree of First Amendment protection to broadcasting than to other media (i.e., the physical scarcity of the electromagnetic spectrum) as well as …
New Models Of Regulation And Interagency Governance, Christopher S. Yoo
New Models Of Regulation And Interagency Governance, Christopher S. Yoo
All Faculty Scholarship
No abstract provided.
Access To Networks: Economic And Constitutional Connections, Daniel F. Spulber, Christopher S. Yoo
Access To Networks: Economic And Constitutional Connections, Daniel F. Spulber, Christopher S. Yoo
All Faculty Scholarship
A fundamental transformation is taking place in the basic approach to regulating network industries. Policy makers are in the process of abandoning their century-old commitment to rate regulation in favor of a new regulatory approach known as access regulation. Rather than controlling the price of outputs, the new approach focuses on compelling access to and mandating the price of inputs. Unfortunately, this shift in regulatory policy has not been met with an accompanying shift in the manner in which regulatory authorities regulate prices. Specifically, policy makers have continued to base rates on either historical or replacement cost. We argue that …
Realspace Sovereigns In Cyberspace: Problems With The Anticybersquatting Consumer Protection Act, Catherine T. Struve, R. Polk Wagner
Realspace Sovereigns In Cyberspace: Problems With The Anticybersquatting Consumer Protection Act, Catherine T. Struve, R. Polk Wagner
All Faculty Scholarship
No abstract provided.
Vertical Integration And Media Regulation In The New Economy, Christopher S. Yoo
Vertical Integration And Media Regulation In The New Economy, Christopher S. Yoo
All Faculty Scholarship
Recent mergers and academic commentary have placed renewed focus on what has long been one of the central issues in media policy: whether media conglomerates can use vertical 'integration to harm competition. This Article seeks to move past previous studies, which have explored limited aspects of this issue, and apply the full sweep of modern economic theory to evaluate the regulation of vertical integration in media-related industries. It does so initially by applying the basic static efficiency analyses of vertical integration developed under the Chicago and post-Chicago Schools of antitrust law and economics to three industries: broadcasting, cable television, and …
Filters And The First Amendment, R. Polk Wagner
Filters And The First Amendment, R. Polk Wagner
All Faculty Scholarship
Internet content filters -- promising a technological solution to the uniquely social problem of widespread availability of adults-only content on the Internet -- appear to shift the debate over control of "cyberporn" from the legislative to the technical. Yet a growing number of commentators are expressing serious reservations about the free speech implications of filters. In this Article, I note that the ever-changing relationship between technology, network economics, and legal doctrine in the new economic and ideological marketplace of Cyberspace will fundamentally impact any constitutional analysis. I argue that the existing literature's analytic reliance on expansive concepts of state action …
The Myth Of Private Ordering: Rediscovering Legal Realism In Cyberspace, Margaret Jane Radin, R. Polk Wagner
The Myth Of Private Ordering: Rediscovering Legal Realism In Cyberspace, Margaret Jane Radin, R. Polk Wagner
All Faculty Scholarship
While Cyberspace is, by now, well-recognized as a social and commercial environment of great promise, there is considerable debate about the form of governance that will best meet the needs of this new medium. Much of the present discussion casts this debate in stark terms?"top-down" hierarchical rules versus spontaneous "bottom-up" coordination?with self-ordering based on contracts and private agreements rather than public laws appearing both preferable and more likely to evolve. Following up on arguments presented by Professors Fisher and Elkin-Koren in this symposium, Radin and Wagner point out that the dichotomy between top-down and bottom-up obscures that a self-ordering regime …
The Medium Is The Mistake: The Law Of Software For The First Amendment, R. Polk Wagner
The Medium Is The Mistake: The Law Of Software For The First Amendment, R. Polk Wagner
All Faculty Scholarship
Is computer software ? code written by humans that instructs a computer to perform certain tasks ? protected by the First Amendment? The answer to this question will significantly impact the course of future technological regulation, and will affect the scope of free expression rights in new media. In this note, I attempt to establish a framework for analysis, noting at the outset that the truly important question in this context is the threshold question: what is "speech or . . . the press"? I first describe two general ways that the Supreme Court has addressed the threshold question. One …
Proposed Model Rules Governing The Admissibility Of Computer-Generated Evidence, Lynn Mclain, James E. Carbine
Proposed Model Rules Governing The Admissibility Of Computer-Generated Evidence, Lynn Mclain, James E. Carbine
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Pursuant to a grant from the State Justice Institute, the Court of Appeals of Maryland Standing Committee on Rules of Practice and Procedure drafted, and the Court of Appeals adopted, model rules regarding computer-generated animations and simulations. The rules address discovery, pretrial rulings, and preservation of the record for appeal.
The Nature Of Blacks' Skepticism About Genetic Testing, Dorothy E. Roberts
The Nature Of Blacks' Skepticism About Genetic Testing, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Biology, Justice, And Women's Fate, Dorothy E. Roberts
Biology, Justice, And Women's Fate, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
The Genetic Tie, Dorothy E. Roberts
Crime, Race And Reproduction, Dorothy E. Roberts
Crime, Race And Reproduction, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.