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Articles 1 - 30 of 66
Full-Text Articles in Law
Editor's Note, Jennifer J. Monberg
Editor's Note, Jennifer J. Monberg
Federal Communications Law Journal
No abstract provided.
Uberregulation Without Economics: The World Trade Organization's Decision In The U.S.-Mexico Arbitration On Telecommunications Services, General Agreement On Trade In Services, Gats, J. Gregory Sidak, Hal J. Singer
Uberregulation Without Economics: The World Trade Organization's Decision In The U.S.-Mexico Arbitration On Telecommunications Services, General Agreement On Trade In Services, Gats, J. Gregory Sidak, Hal J. Singer
Federal Communications Law Journal
In April 2004, a World Trade Organization ("WTO") arbitration panel found that Mexico had violated its commitments under the Annex on Telecommunications to the General Agreement on Trade in Services ("GATS") by failing to ensure that Telmex, Mexico's largest supplier of basic telecommunications services, provide interconnection to U.S. telecommunications carriers at international settlement rates that were costoriented. The WTO panel deemed long run average incremental cost ("LRAIC") to be the appropriate cost standard for setting settlement rates. Mexico thus became obliged to change its domestic telecommunications regulations or face trade sanctions. The decision is the first WTO arbitration to deal …
An Introduction To Lessigian Thought, Russ Taylor
An Introduction To Lessigian Thought, Russ Taylor
Federal Communications Law Journal
Book Review: Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity, Lawrence Lessig, New York: Penguin Press, 2004, 306 pages.
A review of Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity by Lawrence Lessig. Lawrence Lessig is a frequent commentator and prolific writer on media and communications topics. His body of work touches copyright issues, radio spectrum policy, media ownership issues, and legal ownership and control of the physical platforms that deliver broadband content. In this 2004 publication, he focuses on copyright policy. …
The Road Not Yet Traveled: Why The Fcc Should Issue Digital Must-Carry Rules For Public Television "First", Andrew D. Cotlar
The Road Not Yet Traveled: Why The Fcc Should Issue Digital Must-Carry Rules For Public Television "First", Andrew D. Cotlar
Federal Communications Law Journal
After having recently adopted a variety of complex decisions concerning the digital television transition, the Federal Communications Commission ("FCC") may be poised in the next year to address the issue of mandatory cable carriage of digital broadcast television signals. In this regard, it may reasonably consider the possibility of crafting digital carriage rules for public television stations first without ruling positively or negatively on carriage of commercial stations. This action may legitimately be based on the unique legislative and factual differences between the noncommercial and commercial service and would be constitutionally permissible. This Article sets forth the legal basis for …
Nonprofit Solicitation Under The Telemarketing Sales Rule, Rita Marie Cain
Nonprofit Solicitation Under The Telemarketing Sales Rule, Rita Marie Cain
Federal Communications Law Journal
In 2003, the Federal Trade Commission ("FTC") revised its Telemarketing Sales Rule ("TSR") to establish a national Do-Not-Call Registry for commercial telemarketing. Congress directed the Federal Communications Commission ("FCC") to coordinate its telemarketing regulations under the Telephone Consumer Protection Act ("TCPA") of 1991 to achieve maximum consistency between the two agencies' telemarketing restrictions. Nonprofit solicitation is exempt from the national Do-Not-Call Registry, but is covered by other provisions of the FTC rule. The TSR created a new in-house no-call list requirement and imposed additional restrictions not previously known for nonprofit solicitors. The separate nonprofit provisions of the TSR raise unique …
An Architecture For Spam Regulation, David Dickinson
An Architecture For Spam Regulation, David Dickinson
Federal Communications Law Journal
Junk email, commonly referred to as "spam," is the current scourge of the Internet. In late 2004, unwanted email messages were being delivered at a rate of 12.4 billion per day. The variety of tools used to combat spam have failed to make a significant impact. Legislative efforts, such as the CAN-SPAM Act of 2003, met with substantial enforcement complications. The communications industry responded with a variety of technical advances, such as filters and blacklists, but those innovations are still unable to reliably distinguish between wanted and unwanted messages. Real coordination between legislative and technical spam control tactics has yet …
Competition Versus Regulation: "Mediating Between Right And Right'* In The Wireless And Wireline Telephone Industries, Benjamin Douglas Arden
Competition Versus Regulation: "Mediating Between Right And Right'* In The Wireless And Wireline Telephone Industries, Benjamin Douglas Arden
Federal Communications Law Journal
The wireline telephone industry in the United States is the most complete and sophisticated system in the world, built under 100 years of strict government regulation. While the wireline telephone industry was built under a scheme emphasizing regulatory control, the infancy of the wireless telephone industry has been subject to increasing deregulation and reliance on free market forces to guide the industry's development. It has been suggested that this shift in policy reflects the acknowledged failure of strict government regulation. This Note argues that the shift in regulatory policy reflects a difference in circumstances between the development of the wireless …
Assessing The Constitutionality Of Laws That Are Both Content-Based And Content-Neutral: The Emerging Constitutional Calculus, Wilson R. Huhn
Assessing The Constitutionality Of Laws That Are Both Content-Based And Content-Neutral: The Emerging Constitutional Calculus, Wilson R. Huhn
Indiana Law Journal
No abstract provided.
A Legislative Strategy Conditioned On Corruption: Regulating Campaign Financing After Mcconnell V. Fec, Bryan R. Whitaker
A Legislative Strategy Conditioned On Corruption: Regulating Campaign Financing After Mcconnell V. Fec, Bryan R. Whitaker
Indiana Law Journal
No abstract provided.
Securities Analysts: Why These Gatekeepers Abandoned Their Post, David J. Labhart
Securities Analysts: Why These Gatekeepers Abandoned Their Post, David J. Labhart
Indiana Law Journal
No abstract provided.
Structuring Sentencing: Apprendi, The Offense Of Conviction, And The Limited Role Of Constitutional Law, Benjamin J. Priester
Structuring Sentencing: Apprendi, The Offense Of Conviction, And The Limited Role Of Constitutional Law, Benjamin J. Priester
Indiana Law Journal
No abstract provided.
Whose Public? Parochialism And Paternalism In State Charity Law Enforcement, Evelyn Brody
Whose Public? Parochialism And Paternalism In State Charity Law Enforcement, Evelyn Brody
Indiana Law Journal
No abstract provided.
Partition Of Failed States: Impediments And Impulses, Thomas D. Grant
Partition Of Failed States: Impediments And Impulses, Thomas D. Grant
Indiana Journal of Global Legal Studies
No abstract provided.
A World Of Passions: How To Think About Globalization Now, Jedediah Purdy
A World Of Passions: How To Think About Globalization Now, Jedediah Purdy
Indiana Journal of Global Legal Studies
No abstract provided.
Toward Global Democracy: Thoughts In Response To The Rising Tide Of Nation-To-Nation Interdependencies, Hassan El Menyawi
Toward Global Democracy: Thoughts In Response To The Rising Tide Of Nation-To-Nation Interdependencies, Hassan El Menyawi
Indiana Journal of Global Legal Studies
No abstract provided.
Localizing Intellectual Property In The Globalization Epoch: The Integration Of Indigenous Knowledge, Chidi Oguamanam
Localizing Intellectual Property In The Globalization Epoch: The Integration Of Indigenous Knowledge, Chidi Oguamanam
Indiana Journal of Global Legal Studies
No abstract provided.
Lean And Green? Environmental Law And Policy And The Flexible Production Economy, Dennis D. Hirsch
Lean And Green? Environmental Law And Policy And The Flexible Production Economy, Dennis D. Hirsch
Indiana Law Journal
No abstract provided.
A Government Of Laws And Not Men: Prohibiting Non-Precedential Opinions By Statute Or Procedural Rule, Amy E. Sloan
A Government Of Laws And Not Men: Prohibiting Non-Precedential Opinions By Statute Or Procedural Rule, Amy E. Sloan
Indiana Law Journal
No abstract provided.
Corporate Social Responsibility And Sustainable Development: The European Union Initiative As A Case Study, Kristina K. Herrmann
Corporate Social Responsibility And Sustainable Development: The European Union Initiative As A Case Study, Kristina K. Herrmann
Indiana Journal of Global Legal Studies
No abstract provided.
Building The Northeast Asian Community, Byung-Woon Lyou
Building The Northeast Asian Community, Byung-Woon Lyou
Indiana Journal of Global Legal Studies
No abstract provided.
For-Profit Education Service Providers In Primary And Secondary Schooling: The Drive For And Consequences Of Global Expansion, Amy M. Steketee
For-Profit Education Service Providers In Primary And Secondary Schooling: The Drive For And Consequences Of Global Expansion, Amy M. Steketee
Indiana Journal of Global Legal Studies
No abstract provided.
From A State-Centered Approach To Transnational Openness: Adapting The Hague Convention With Contemporary Human Rights Standards As Codified In The Convention Of The Rights Of The Child, Allison M. Scott
Indiana Journal of Global Legal Studies
No abstract provided.
Requiring A True Choice In Housing Choice Voucher Programs, Kristine L. Zeabart
Requiring A True Choice In Housing Choice Voucher Programs, Kristine L. Zeabart
Indiana Law Journal
No abstract provided.
The Death Of Offers, Val D. Ricks
The Dangerous Allure Of The Issue Class Action, Laura J. Hines
The Dangerous Allure Of The Issue Class Action, Laura J. Hines
Indiana Law Journal
No abstract provided.
Editor's Note, Carl W. Butler
Editor's Note, Carl W. Butler
Federal Communications Law Journal
No abstract provided.
Parity Rules: Mapping Regulatory Treatment Of Similar Services, Sherille Ismail
Parity Rules: Mapping Regulatory Treatment Of Similar Services, Sherille Ismail
Federal Communications Law Journal
The notion of regulatory parity has greatly impacted the evolution of American communications regulation, but the difficulties associated with applying this standard are frequently under-appreciated by industry participants. Throughout this Article, the Author acknowledges the difficulties in applying equal treatment standards to operators of various communications, video, and data services. Mr. Ismail asserts that several problems arise with attempts to ameliorate apparent disparities in how entities are regarded under current regulations, including difficulties in assessing revenue resources, channel control, and service delivery methods. The Article concludes that parity is difficult to define and apply in an effort to eliminate inefficiencies …
Verizon Communications, Inc. V. Fcc-Telecommunications Access Pricing And Regulator Accountability Through Administrative Law And Takings Jurisprudence, Michael J. Legg
Verizon Communications, Inc. V. Fcc-Telecommunications Access Pricing And Regulator Accountability Through Administrative Law And Takings Jurisprudence, Michael J. Legg
Federal Communications Law Journal
In this Article, Michael Legg examines the Supreme Court decision in Verizon Communications, Inc. v. FCC, and asserts that shortcomings associated with administrative law have led to an environment of unaccountability in the sphere of telecommunications regulations. Arguing that communications oversight has become exceedingly reliant upon regulatory expertise and that power over economic policy has been excessively ceded to the regulators, the Author concludes that Congress should become more involved in access pricing to prevent further undermining of the democratic governance in this important sector. Finally, Mr. Legg maintains that without further guidance with respect to the relationship between TELRIC …