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Articles 31 - 60 of 112
Full-Text Articles in Law
Pleadings In The Age Of Settlement, Michael Moffitt
Pleadings In The Age Of Settlement, Michael Moffitt
Indiana Law Journal
No abstract provided.
Not "Voluntary" But Still Reasonable: A New Paradigm For Understanding The Consent Searches Doctrine, Ric Simmons
Not "Voluntary" But Still Reasonable: A New Paradigm For Understanding The Consent Searches Doctrine, Ric Simmons
Indiana Law Journal
No abstract provided.
American Constitutional Fantasies: Escape From Difference Through Escape From Government, David C. Williams
American Constitutional Fantasies: Escape From Difference Through Escape From Government, David C. Williams
Indiana Journal of Global Legal Studies
Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.
Privatization, Prisons, Democracy, And Human Rights: The Need To Extend The Province Of Administrative Law, Alfred C. Aman
Privatization, Prisons, Democracy, And Human Rights: The Need To Extend The Province Of Administrative Law, Alfred C. Aman
Indiana Journal of Global Legal Studies
Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.
The Treaty Establishing A Constitution For Europe And The Democratic Legitimacy Of The European Union, Elisabeth Zoller
The Treaty Establishing A Constitution For Europe And The Democratic Legitimacy Of The European Union, Elisabeth Zoller
Indiana Journal of Global Legal Studies
No abstract provided.
Securing The Freedom Of The Communications Revolution, Michael K. Powell
Securing The Freedom Of The Communications Revolution, Michael K. Powell
Federal Communications Law Journal
No abstract provided.
Editor's Note, Jennifer J. Monberg
Editor's Note, Jennifer J. Monberg
Federal Communications Law Journal
No abstract provided.
Digital Crossroads, Kathleen Wallman
Digital Crossroads, Kathleen Wallman
Federal Communications Law Journal
Book Review: Digital Crossroads: American Telecommunications Policy in the Internet Age, Jonathan E. Nuechterlein & Philip J. Weiser, Cambridge, Mass., MIT Press, 2005, 670 pages.
A review of Digital Crossroads: American Telecommunications Policy in the Internet Age, by Jonathan E. Nuechterlein and Philip J. Weiser, MIT Press, 2005. Most practitioners of communications law are familiar with the necessity of teaching themselves enough economics, engineering, and politics to practice competently and comfortably in an area that is inherently interdisciplinary. Likewise, many professors who teach telecommunications from a variety of disciplinary perspectives are familiar with the frustration of locating a text that …
New Objectives For Cfius: Foreign Ownership, Critical Infrastructure, And Communications Interception, James A. Lewis
New Objectives For Cfius: Foreign Ownership, Critical Infrastructure, And Communications Interception, James A. Lewis
Federal Communications Law Journal
Global economic integration creates new risks for national security. Foreign ownership of telecommunications service providers is an area of expanding concern. Foreign ownership could multiply opportunities for espionage by increasing foreign entities' access to U.S. communications and networks as well as increasing the complexity of defenders' tasks. Foreign ownership could make law enforcement communications interception more difficult. Foreign ownership could also increase the ability of a potential opponent to disrupt critical infrastructure and the services the foreign-controlled entities provide. These concerns create interest in improving existing processes for managing the risks associated with foreign ownership--such responsibility principally lies with the …
Looking Beyond The Digital Divide, Yolanda D. Edwards
Looking Beyond The Digital Divide, Yolanda D. Edwards
Federal Communications Law Journal
Book Review: Digital Nation: Toward an Inclusive Information Society, Anthony G. Wilhelm, Cambridge, Mass., MIT Press, 2004, 184 pages.
A review of Anthony G. Wilhelm's Digital Nation: Toward an Inclusive Information Society, MIT Press, 2004. An important attempt to frame the debate about the importance of technological literacy, this book explores world-wide successes and failures to bring technology to the masses and provides a plan to accomplish it in the United States.
State Regulatory Approaches To Voip: Policy, Implementation, And Outcome, Robert Cannon
State Regulatory Approaches To Voip: Policy, Implementation, And Outcome, Robert Cannon
Federal Communications Law Journal
This Article explores the many perspectives on Voice over Internet Protocol ("VoIP"). The notion of the Article is not to resolve the definitive approach to VolP. Rather, this Article suggests that the process of the approach has itself become muddled. Individuals quibble, contrasting the superiority of one perspective over another, negating the reason why they were looking in the first place. This Article is the second part of a project to survey and analyze state VoIP policy. The first part of the project surveyed state VolP regulatory activity. This part seeks to place that precedent in a centrifuge, segregating out …
Homeland Security And Wireless Telecommunications: The Continuing Evolution Of Regulation, Christopher Guttman-Mccabe, Amy Mushahwar, Patrick Murck
Homeland Security And Wireless Telecommunications: The Continuing Evolution Of Regulation, Christopher Guttman-Mccabe, Amy Mushahwar, Patrick Murck
Federal Communications Law Journal
Since the grant of the first Commercial Mobile Radio Service ("CMRS") license over twenty years ago, the wireless industry has grown from a service of convenience to one that is indispensable. What once was a device used for sporadic phone calls now is viewed by many Americans as a source of invaluable communication and security. As the wireless industry matured, government officials turned to the mobile phone as a way to make the United States safer. E-9 11, the Communications Assistance for Law Enforcement Act ("CALEA"), Wireless Priority Service ("WPS"), and Outage Reporting all were initiated on the wireless platform …
Virginia Cellular And Highland Cellular: The Fcc Establishes A Framework For Eligible Telecommunications Carrier Designation In Rural Study Areas, Mark C. Bannister
Virginia Cellular And Highland Cellular: The Fcc Establishes A Framework For Eligible Telecommunications Carrier Designation In Rural Study Areas, Mark C. Bannister
Federal Communications Law Journal
In 1996, Congress passed the first substantial rework of the Communications Act of 1934. This Act was intended to benefit consumers by encouraging competition and establishing a series of explicit mechanisms for assuring universal service. One of the outcomes is the creation of significant controversy over the federal, and in some cases, state universal service subsidy for the class of telecommunications providers typically known as wireless or cellular and defined by federal statute as "commercial mobile radio service" ("CMRS"). Incumbent local exchange carriers ("ILECs") characterize these subsidies as a windfall and as unnecessary to provide wireless phone service. They argue …
Navigating Communications Regulation In The Wake Of 9/11, Jamie S. Gorelick, John H. Harwood Ii, Heather Zachary
Navigating Communications Regulation In The Wake Of 9/11, Jamie S. Gorelick, John H. Harwood Ii, Heather Zachary
Federal Communications Law Journal
In no industry has the impact of the events of September 11, 2001 ("9/11") been felt more strongly than in the communications industry. After 9/11, as the American people demanded a greater sense of security, Congress and the executive branch agencies reacted with new laws, new regulations, and new practices designed to protect our nation's critical communications infrastructure and enhance the ability of law enforcement and intelligence agencies to investigate those who would do us harm. The U.S. communications providers could do so consistent with their responsibilities to customers and to shareholders. That partnership, based upon rules developed over decades, …
Discriminatory Filtering: Cipa's Effect On Our Nation's Youth And Why The Supreme Court Erred In Upholding The Constitutionality Of The Children's Internet Protection Act, Katherine A. Miltner
Discriminatory Filtering: Cipa's Effect On Our Nation's Youth And Why The Supreme Court Erred In Upholding The Constitutionality Of The Children's Internet Protection Act, Katherine A. Miltner
Federal Communications Law Journal
Congress introduced the Children's Internet Protection Act ("CIPA") in order to filter obscene and indecent material in response to a perceived threat to members of the public, specifically minors, who are exposed to pornographic material on the Internet. The provisions of CIPA have provoked tension between two competing interests: protecting minors from cyberpornography, and safeguarding First Amendment rights. This Note argues that the Supreme Court erred by upholding the constitutionality of CIPA. As a result of the Supreme Court's decision, the nation's youth will have restricted access to constitutionally protected information. The Court improperly relied on a provision of the …
Lucky: The Sequel, Martha Chamallas
Law And The Emotions: The Problems Of Affective Forecasting, Jeremy A. Blumenthal
Law And The Emotions: The Problems Of Affective Forecasting, Jeremy A. Blumenthal
Indiana Law Journal
Legal scholarship on "behavioralism" and the implications of cognitive biases for the law is flourishing. In parallel with the rise of such commentary, legal scholars have begun to discuss the role of the emotions in legal discourse. This discussion often addresses the "appropriateness" of various emotions for the substantive law, or attempts to model the place of the emotions in the law. Implicit in some of these theories, however, and explicit in others, is the assumption that emotions are "predictable," "manageable, "and (for some commentators) under conscious control. This assumption is belied by psychological research on affective forecasting that demonstrates …
Contesting Gender In Popular Culture And Family Law: Middlesex And Other Transgender Tales, Susan Frelich Appleton
Contesting Gender In Popular Culture And Family Law: Middlesex And Other Transgender Tales, Susan Frelich Appleton
Indiana Law Journal
No abstract provided.
Contract Theory In Nineteenth-Century Indiana Courts: An Argument For Non-Bargain Based Promissory Liability, Paul Dubbeling
Contract Theory In Nineteenth-Century Indiana Courts: An Argument For Non-Bargain Based Promissory Liability, Paul Dubbeling
Indiana Law Journal
No abstract provided.
Empowering Subprime Borrowers: Mandatory Unsecured Credit Payoffs As Finance Charges, Steven R. Sharpe
Empowering Subprime Borrowers: Mandatory Unsecured Credit Payoffs As Finance Charges, Steven R. Sharpe
Indiana Law Journal
No abstract provided.
Reconsidering The Nondelegation Doctrine: Universal Service, The Power To Tax, And The Ratification Doctrine, Ronald J. Krotoszynski Jr.
Reconsidering The Nondelegation Doctrine: Universal Service, The Power To Tax, And The Ratification Doctrine, Ronald J. Krotoszynski Jr.
Indiana Law Journal
No abstract provided.
Treaties As Laws: A Defense Of The Last-In-Time Rule For Treaties And Federal Statutes, Julian G. Ku
Treaties As Laws: A Defense Of The Last-In-Time Rule For Treaties And Federal Statutes, Julian G. Ku
Indiana Law Journal
For nearly 150 years, courts have applied the "last-in-time" rule to resolve conflicts between treaties and federal statutes by giving effect to whichever was enacted later in time. Despite its acceptance by the courts, this rule has received unanimous criticism in the legal academy. In this article, I present the first comprehensive defense of the last-in-time rule on textual, structural, historical, and functional grounds. I argue that the last-in-time rule should be applied because the text of the Constitution grants treaties the status of enacted domestic law. As such, treaties are subject to the principle of statutory construction, leges posteriors …
Tort Liability After The Dust Settles: An Economic Analysis Of The Airline Defendants' Duty To Ground Victims In The September 11 Litigation, David Y. Stevens
Tort Liability After The Dust Settles: An Economic Analysis Of The Airline Defendants' Duty To Ground Victims In The September 11 Litigation, David Y. Stevens
Indiana Law Journal
No abstract provided.
The Price We Are Willing To Pay For Punitive Justice In The Juvenile Detention System: Mentally Ill Delinquents And Their Disproportionate Share Of The Burden, Jessica Ann Garascia
The Price We Are Willing To Pay For Punitive Justice In The Juvenile Detention System: Mentally Ill Delinquents And Their Disproportionate Share Of The Burden, Jessica Ann Garascia
Indiana Law Journal
No abstract provided.
Communications Policy For The Next Four Years, Conrad Burns
Communications Policy For The Next Four Years, Conrad Burns
Federal Communications Law Journal
No abstract provided.
Editor's Note, Jennifer L. Monberg
Editor's Note, Jennifer L. Monberg
Federal Communications Law Journal
No abstract provided.
Universal Service: Problems, Solutions, And Responsive Policies, Allen S. Hammond Iv
Universal Service: Problems, Solutions, And Responsive Policies, Allen S. Hammond Iv
Federal Communications Law Journal
No abstract provided.
Convergence And Competition-At Last, Antoinette Cook Bush, John Beahn, Mick Tuesley
Convergence And Competition-At Last, Antoinette Cook Bush, John Beahn, Mick Tuesley
Federal Communications Law Journal
No abstract provided.
The Broadcast Flag: It's Not Just Tv, Wendy Seltzer
The Broadcast Flag: It's Not Just Tv, Wendy Seltzer
Federal Communications Law Journal
No abstract provided.