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Full-Text Articles in Law

Toward A Next Generation Regulatory Strategy, Philip J. Weiser Jan 2003

Toward A Next Generation Regulatory Strategy, Philip J. Weiser

Publications

The FCC is now facing a set of issues that will help shape the future evolution of the Internet and the role of government in its development. In particular, the FCC is in the midst of designing a regulatory regime for broadband platforms. To do so, the FCC must decide both on the appropriate regulatory classification for such platforms and what legal rules (if any) should govern access to such platforms. This Article explains how the FCC, using its "ancillary jurisdiction" authority under Title I of the Communications Act, can develop a reactive regulatory regime that examines allegations of discriminatory …


Sacred Sites And Religious Freedom On Government Land, Richard B. Collins Jan 2003

Sacred Sites And Religious Freedom On Government Land, Richard B. Collins

Publications

No abstract provided.


Western Justice, Richard B. Collins Jan 2003

Western Justice, Richard B. Collins

Publications

No abstract provided.


Regulatory Challenges And Models Of Regulation, Philip J. Weiser Jan 2003

Regulatory Challenges And Models Of Regulation, Philip J. Weiser

Publications

No abstract provided.


Mountains Without Handrails … Wilderness Without Cellphones, Sarah Krakoff Jan 2003

Mountains Without Handrails … Wilderness Without Cellphones, Sarah Krakoff

Publications

No abstract provided.


Daubert Asks The Right Questions: Now Appellate Courts Should Help Find The Right Answers, Christopher B. Mueller Jan 2003

Daubert Asks The Right Questions: Now Appellate Courts Should Help Find The Right Answers, Christopher B. Mueller

Publications

No abstract provided.


Marbury V. Madison And Modern Judicial Review, Robert F. Nagel Jan 2003

Marbury V. Madison And Modern Judicial Review, Robert F. Nagel

Publications

This Article compares the realist critique of Marbury with several revisionist defenses of that decision. Realists claim to see Marbury as essentially political and thus as the fountainhead of modern judicial review. Revisionists claim to see the decision as legalistically justified and thus inconsistent with current practices. Close examination, however, indicates that, despite sharp rhetorical differences, these two accounts are largely complementary rather than inconsistent. Each envisions Marbury as embodying elements of both political realism and legal formalism. Once the false argument about whether Marbury was either political or legal is put aside, it is possible to trace the influence …


Cooperative Federalism And Its Challenges, Philip J. Weiser Jan 2003

Cooperative Federalism And Its Challenges, Philip J. Weiser

Publications

No abstract provided.


Filling In The Blank Spots On Powell's And Stegner's Maps: The Role Of Modern Indian Tribes In Western Watersheds, Charles Wilkinson Jan 2003

Filling In The Blank Spots On Powell's And Stegner's Maps: The Role Of Modern Indian Tribes In Western Watersheds, Charles Wilkinson

Publications

No abstract provided.