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Maurer School of Law: Indiana University

2008

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Articles 1 - 30 of 209

Full-Text Articles in Law

Michael S. Maurer Dec 2008

Michael S. Maurer

Benefactors

Michael S. Maurer, Chairman, IBJ Media Corp., JD 1967.

An Indianapolis native, Maurer graduated from North Central High School and received a bachelor’s degree in accounting from University of Colorado. He returned home for law school, earning a Doctor of Jurisprudence from Indiana University, where he was a writer and an editor of the Law Journal. He is admitted to both the New York and the Indiana Bars, and has also successfully completed the CPA examination. Maurer serves as Chairman of the Board of IBJ Corporation. IBJ owns and publishes The Indianapolis Business Journal, Court and Commercial Record …


Alum's Gift Is Iu Law School's Largest Ever, Nicole Brooks Dec 2008

Alum's Gift Is Iu Law School's Largest Ever, Nicole Brooks

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.


The Enduring Lessons Of The Breakup Of At&T: A Twenty-Five Year Retrospective, Christopher S. Yoo Dec 2008

The Enduring Lessons Of The Breakup Of At&T: A Twenty-Five Year Retrospective, Christopher S. Yoo

Federal Communications Law Journal

"The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective."' Conference held at the University of Pennsylvania Law School on April 18-19, 2008.


The Decline And Fall Of At&T: A Personal Recollection, Richard A. Posner Dec 2008

The Decline And Fall Of At&T: A Personal Recollection, Richard A. Posner

Federal Communications Law Journal

"The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective."' Conference held at the University of Pennsylvania Law School on April 18-19, 2008.

In his luncheon talk at the conference, presented here in slightly revised form, Judge Posner discusses his personal involvement with the events that led up the Justice Department's major antitrust suit against AT&T that culminated in the breakup of the telephone monopoly. The stages of his involvement included participation in the work of President Johnson's Task Force on Communications Policy, consulting for AT&T in the lawsuit itself, and his negative advice to the chairman of …


Editor's Note, Christopher J. Harayda Dec 2008

Editor's Note, Christopher J. Harayda

Federal Communications Law Journal

No abstract provided.


An Oligopoly Analysis Of At&T'S Performance In The Wireline Long- Distance Markets After Divestiture, Paul W. Macavoy Dec 2008

An Oligopoly Analysis Of At&T'S Performance In The Wireline Long- Distance Markets After Divestiture, Paul W. Macavoy

Federal Communications Law Journal

"The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective."' Conference held at the University of Pennsylvania Law School on April 18-19, 2008.

The antitrust law books promise competition from breaking up the monopoly firm in a Sherman Act case remedy. Not in this case; the question is what "kind" of oligopoly.


Will Access Regulation Work?, Gerald R. Faulhaber Dec 2008

Will Access Regulation Work?, Gerald R. Faulhaber

Federal Communications Law Journal

"The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective."' Conference held at the University of Pennsylvania Law School on April 18-19, 2008.

The FCC is transitioning from a rate regulation regime to an access regime. A rate regulation regime gives all customers full access to network facilities (common carrier) at regulated rates-generally, rate base rate of return regulation. An access regime is one in which all competitors are given full access to incumbents' networks, with little or no retail rate regulation, thereby allowing competition (over incumbents' networks) to discipline the market. Is this a good idea? Is …


Did At&T Die In Vain? An Empirical Comparison Of At&T And Bell Canada, Eli M. Noam Dec 2008

Did At&T Die In Vain? An Empirical Comparison Of At&T And Bell Canada, Eli M. Noam

Federal Communications Law Journal

"The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective."' Conference held at the University of Pennsylvania Law School on April 18-19, 2008.

Did the Divestiture of AT&T achieve its purpose? It is helpful to turn to Canada, whose telecommunications industry and regulation were similar but which did not experience a divestiture. Since AT&T was split up in 1982-4, national telecom market concentration in the U.S. has bounced back to a national duopoly structure, with an HHI concentration index of 2,986, higher than for Canada's similar national duopoly with an HHI of 2,463. Local telecom wireline competition is …


Essential Facilities And Trinko: Should Antitrust And Regulation Be Combined?, Timothy J. Brennan Dec 2008

Essential Facilities And Trinko: Should Antitrust And Regulation Be Combined?, Timothy J. Brennan

Federal Communications Law Journal

"The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective."' Conference held at the University of Pennsylvania Law School on April 18-19, 2008.

The Supreme Court's 2004 decision in Trinko represented a radical change from prior doctrine ensuring that antitrust laws applied in regulated industries. The change resulted from a failure to appreciate that regulation and antitrust can be complements. Regulation can boost the value of antitrust by creating incentives to refuse to deal in order to reap monopoly profit otherwise proscribed by regulation. Ironically, the essential facilities doctrine rejected by the Trinko court and the Trinko decision …


The Bell System Divestiture: Background, Implementation, And Outcome, Joseph H. Weber Dec 2008

The Bell System Divestiture: Background, Implementation, And Outcome, Joseph H. Weber

Federal Communications Law Journal

"The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective."' Conference held at the University of Pennsylvania Law School on April 18-19, 2008.

By 1982, the Bell System had operated an integrated telecommunications network connecting almost everyone in the United States for almost 100 years. That system had been designed and operated as a monopoly, but by the 1960s, new technologies were being developed which led to pressure to allow competitive entry. After many incremental changes, the Bell System divestiture--complete separation of long-distance service and manufacturing fiom local service provision-was finally adopted as a way of implementing this …


Toward A Unified Theory Of Access To Local Telephone Networks, Daniel F. Spulber, Christopher S. Yoo Dec 2008

Toward A Unified Theory Of Access To Local Telephone Networks, Daniel F. Spulber, Christopher S. Yoo

Federal Communications Law Journal

"The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective."' Conference held at the University of Pennsylvania Law School on April 18-19, 2008.

Over the past several decades, regulatory authorities have imposed an increasingly broad array of access requirements on local telephone providers. In so doing, policymakers typically applied previous approaches to access regulation without fully considering whether the regulatory justifications used in favor of those previous access requirements remained valid. They also allowed each access regime to be governed by a different pricing methodology and set access prices in a way that treated each network component as …


The At&T Consent Decree: In Praise Of Interconnection Only, Richard A. Epstein Dec 2008

The At&T Consent Decree: In Praise Of Interconnection Only, Richard A. Epstein

Federal Communications Law Journal

"The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective."' Conference held at the University of Pennsylvania Law School on April 18-19, 2008.

This article examines the consequences of the Bell consent decree of 1982. In the short run, the decree sought to end the AT&T's Corporate domination of the telecommunications network. But it did so in an overambitious way that chose to break up the basic system into constituent parts even though the preferred remedy was a more modest initiative that would have opened the network up to interconnection by rival carriers. In charting the wrong path, …


Masthead Vol.61 No.1 (2008) Dec 2008

Masthead Vol.61 No.1 (2008)

Federal Communications Law Journal

No abstract provided.


Are Regulators Forward-Looking? The Market Price Of Copper Versus The Regulated Price Of Mandatory Access To Unbundled Local Loops In Telecommunications Networks, Jerry A. Hausman, J. Gregory Sidak, Timothy J. Tardiff Dec 2008

Are Regulators Forward-Looking? The Market Price Of Copper Versus The Regulated Price Of Mandatory Access To Unbundled Local Loops In Telecommunications Networks, Jerry A. Hausman, J. Gregory Sidak, Timothy J. Tardiff

Federal Communications Law Journal

"The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective."' Conference held at the University of Pennsylvania Law School on April 18-19, 2008.

Around the world, since 1996, regulators have mandated that incumbent local exchange carriers (ILECs) offer competitors access to their network at regulated prices that reflect forward-looking cost. Regulated prices for unbundled network elements are based on total element long-run incremental cost (TELRIC), which in turn is calculated using engineering models that estimate the costs of a hypothetical carrier employing the most efficient telecommunications technology currently available and the lowest cost network configuration, given the existing …


Reexamining The Legacy Of Dual Regulation: Reforming Dual Merger Review By The Doj And The Fcc, Philip J. Weiser Dec 2008

Reexamining The Legacy Of Dual Regulation: Reforming Dual Merger Review By The Doj And The Fcc, Philip J. Weiser

Federal Communications Law Journal

"The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective."' Conference held at the University of Pennsylvania Law School on April 18-19, 2008.

A central challenge for competition policy merger review is to structure the analysis of merger remedies so that the antitrust agencies play an effective and central role, with regulatory agencies complementing-as opposed to overlapping or contradicting--their judgments. At present, the U.S. system sometimes veers towards a worst-case scenario where federal antitrust authorities-the FTC and DOJ-impose regulatory remedies that overlap with regulatory policy and regulatory agencies perform duplicative merger reviews and impose remedies unrelated to the …


Vol. 35, No. 13 (December 1, 2008) Dec 2008

Vol. 35, No. 13 (December 1, 2008)

Indiana Law Annotated

No abstract provided.


"Fleeting Expletives" Are The Tip Of The Iceberg: Fallout From Exposing The Arbitrary And Capricious Nature Of Indecency Regulation, Dave E. Hutchinson Dec 2008

"Fleeting Expletives" Are The Tip Of The Iceberg: Fallout From Exposing The Arbitrary And Capricious Nature Of Indecency Regulation, Dave E. Hutchinson

Federal Communications Law Journal

On November 4, 2008, the Supreme Court heard arguments in FCC v. Fox Television Stations, which centers on whether or the FCC's policy allowing fleeting expletives to be found actionably indecent is arbitrary and capricious. The Second Circuit found that the fleeting expletives policy is arbitrary and capricious as a matter of administrative law. The Supreme Court decision will provide much needed guidance for what constitutes a reasoned basis in the indecency regime's contextual approach. This Note argues that--despite the FCC's recognition that time and context changes the meaning of language-the FCC's indecency regime is at loggerheads with broadcasters because …


Leave Me Alone! The Delicate Balance Of Privacy And Commercial Speech In The Evolving Do-Not-Call Registry, Andrew L. Sullivant Dec 2008

Leave Me Alone! The Delicate Balance Of Privacy And Commercial Speech In The Evolving Do-Not-Call Registry, Andrew L. Sullivant

Federal Communications Law Journal

In 2004, the Tenth Circuit held that although the newly enacted do-not-call registry restricted commercial speech, the restriction was narrowly tailored and thus fell within the bounds of the Constitution. Since that decision, the Federal Trade Commission has amended the do-not-call registry to abolish the provision that required individuals to re-register every five years, and in 2008, Congress passed the amendment. This Note argues that the five-year reregistration requirement is a substantial factor in the registry's narrow tailoring. By removing the requirement, questions as to the restriction's constitutionality reemerge.


Vol. 35, No. 12 (November 24, 2008) Nov 2008

Vol. 35, No. 12 (November 24, 2008)

Indiana Law Annotated

No abstract provided.


Vol. 35, No. 11 (November 17, 2008) Nov 2008

Vol. 35, No. 11 (November 17, 2008)

Indiana Law Annotated

No abstract provided.


Vol. 35, No. 10 (November 10, 2008) Nov 2008

Vol. 35, No. 10 (November 10, 2008)

Indiana Law Annotated

No abstract provided.


Vol. 35, No. 09 (November 3, 2008) Nov 2008

Vol. 35, No. 09 (November 3, 2008)

Indiana Law Annotated

No abstract provided.


Vol. 6, No. 05 (November/December 2008) Nov 2008

Vol. 6, No. 05 (November/December 2008)

Indiana Law Update

No abstract provided.


Vol. 35, No. 08 (October 27, 2008) Oct 2008

Vol. 35, No. 08 (October 27, 2008)

Indiana Law Annotated

No abstract provided.


Vol. 35, No. 07 (October 13, 2008) Oct 2008

Vol. 35, No. 07 (October 13, 2008)

Indiana Law Annotated

No abstract provided.


Vol. 35, No. 06 (October 6, 2008) Oct 2008

Vol. 35, No. 06 (October 6, 2008)

Indiana Law Annotated

No abstract provided.


Val Nolan: A Celebration Of Life Program Oct 2008

Val Nolan: A Celebration Of Life Program

Val Nolan Jr. (1976 Acting; 1980 Acting)

No abstract provided.


Vol. 3, No. 1 (Fall 2008) Oct 2008

Vol. 3, No. 1 (Fall 2008)

Indiana Law

No abstract provided.


The Gender Bend: Culture, Sex, And Sexuality- A Latcritical Human Rights Map Of Latina/O Border Crossings, Berta Esperanza Hernandez-Truyol Oct 2008

The Gender Bend: Culture, Sex, And Sexuality- A Latcritical Human Rights Map Of Latina/O Border Crossings, Berta Esperanza Hernandez-Truyol

Indiana Law Journal

Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.


Foreword: Latinos And The Law Symposium, Richard Delgado, Jean Stefancic Oct 2008

Foreword: Latinos And The Law Symposium, Richard Delgado, Jean Stefancic

Indiana Law Journal

Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.