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Articles 1 - 7 of 7
Full-Text Articles in Law
Product Life Cycle Theory And The Maturation Of The Internet, Christopher S. Yoo
Product Life Cycle Theory And The Maturation Of The Internet, Christopher S. Yoo
All Faculty Scholarship
Much of the recent debate over Internet policy has focused on the permissibility of business practices that are becoming increasingly common, such as new forms of network management, prioritization, pricing, and strategic partnerships. This Essay analyzes these developments through the lens of the management literature on the product life cycle, dominant designs, technological trajectories and design hierarchies, and the role of complementary assets in determining industry structure. This analysis suggests that many of these business practices may represent nothing more than a reflection of how the nature of competition changes as industries mature. This in turn suggests that network neutrality …
Free Speech And The Myth Of The Internet As An Unintermediated Experience, Christopher S. Yoo
Free Speech And The Myth Of The Internet As An Unintermediated Experience, Christopher S. Yoo
All Faculty Scholarship
In recent years, a growing number of commentators have raised concerns that the decisions made by Internet intermediaries — including last-mile network providers, search engines, social networking sites, and smartphones — are inhibiting free speech and have called for restrictions on their ability to prioritize or exclude content. Such calls ignore the fact that when mass communications are involved, intermediation helps end users to protect themselves from unwanted content and allows them to sift through the avalanche of desired content that grows ever larger every day. Intermediation also helps solve a number of classic economic problems associated with the Internet. …
Is The Internet A Maturing Market? If So, What Does That Imply?, Christopher S. Yoo
Is The Internet A Maturing Market? If So, What Does That Imply?, Christopher S. Yoo
All Faculty Scholarship
Network providers are experimenting with a variety of new business arrangements. Some are offering specialized services the guarantee higher levels of quality of service those willing to pay for it. Others are entering into strategic partnerships that allocate more bandwidth to certain sources. Interestingly, a management literature exists suggesting that both developments may simply reflect the ways that the nature of competition and innovation can be expected as markets mature. The real question is not if the nature of competition and innovation will change, but rather when and how. This theory also suggests that policymakers should be careful not to …
The Changing Patterns Of Internet Usage, Christopher S. Yoo
The Changing Patterns Of Internet Usage, Christopher S. Yoo
All Faculty Scholarship
The Internet unquestionably represents one of the most important technological developments in recent history. It has revolutionized the way people communicate with one another and obtain information and created an unimaginable variety of commercial and leisure activities. Interestingly, many members of the engineering community often observe that the current network is ill-suited to handle the demands that end users are placing on it. Indeed, engineering researchers often describe the network as ossified and impervious to significant architectural change. As a result, both the U.S. and the European Commission are sponsoring “clean slate” projects to study how the Internet might be …
Race, Sex, And Rulemaking: Administrative Constitutionalism And The Workplace, 1960 To The Present, Sophia Z. Lee
Race, Sex, And Rulemaking: Administrative Constitutionalism And The Workplace, 1960 To The Present, Sophia Z. Lee
All Faculty Scholarship
This Article uses the history of equal employment rulemaking at the Federal Communications Commission (FCC) and the Federal Power Commission (FPC) to document and analyze, for the first time, how administrative agencies interpret the Constitution. Although it is widely recognized that administrators must implement policy with an eye on the Constitution, neither constitutional nor administrative law scholarship has examined how administrators approach constitutional interpretation. Indeed, there is limited understanding of agencies’ core task of interpreting statutes, let alone of their constitutional practice. During the 1960s and 1970s, officials at the FCC relied on a strikingly broad and affirmative interpretation of …
Innovations In The Internet’S Architecture That Challenge The Status Quo, Christopher S. Yoo
Innovations In The Internet’S Architecture That Challenge The Status Quo, Christopher S. Yoo
All Faculty Scholarship
The current debate over broadband policy has largely overlooked a number of changes to the architecture of the Internet that have caused the price paid by and quality of service received by traffic traveling across the Internet to vary widely. Topological innovations, such as private peering, multihoming, secondary peering, server farms, and content delivery networks, have caused the Internet’s traditionally hierarchical architecture to be replaced by one that is more heterogeneous. Moreover, network providers have begun to employ an increasingly varied array of business arrangements. Some of these innovations are responses to the growing importance of peer-to-peer technologies. Others, such …
Virtual Shareholder Meetings Reconsidered, Lisa Fairfax
Virtual Shareholder Meetings Reconsidered, Lisa Fairfax
All Faculty Scholarship
In 2000 Delaware enacted a statute enabling corporations to host meetings solely by electronic means of communication rather than in a physical location. Since that time, several states have followed Delaware's lead, and the American Bar Association has proposed changing the Model Business Corporation Act to provide for some form of virtual shareholder meetings. Many states believed that such meetings would prove to be an important device for shareholders who desire to increase their voice within the corporation. Instead, very few companies have taken advantage of the ability to host such meetings. This Article provides some data on state statutes …