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Articles 61 - 90 of 178
Full-Text Articles in Law
Adaptive Policymaking: Evolving And Applying Emergent Solutions For U.S. Communications Policy, Richard S. Whitt
Adaptive Policymaking: Evolving And Applying Emergent Solutions For U.S. Communications Policy, Richard S. Whitt
Federal Communications Law Journal
This Article presents some specific ways that U.S. policymakers should use teachings from the latest thinking in economics to create a conceptual framework in order to grapple with current controversies in communications law and regulation. First, it provides a brief overview of Emergence Economics, with an emphasis on the "rough formula" of emergence and the unique role of technological change in creating and furthering innovation and economic growth. Second, this paper explicates the general concept of "Adaptive Policymaking" by governments and includes some proposed guiding principles, an outline of the public policy design space, and an adaptive toolkit to be …
Unlocking The Wireless Safe: Opening Up The Wireless World For Consumers, Adam Clay
Unlocking The Wireless Safe: Opening Up The Wireless World For Consumers, Adam Clay
Federal Communications Law Journal
Facing resistance to the use of its Voice-over-Internet Protocol application on mobile phones, in February 2007, Skype Communications filed a petition with the FCC asking for application of the Carterfone standards to the wireless phone industry. This Note discusses Carterfone and the merits of Skype's petition in light of the recent auction of the C Block, which carries open network requirements, and developments in wireless technology. This Note argues that the FCC should require carriers to provide technical standards for access to their networks, whereby individuals will be able to connect any approved device and application of their choosing.
Who Needs Tickets? Examining Problems In The Growing Online Ticket Resale Industry, Clark P. Kirkman
Who Needs Tickets? Examining Problems In The Growing Online Ticket Resale Industry, Clark P. Kirkman
Federal Communications Law Journal
The Internet has dramatically changed the methods by which people purchase tickets to events. In the past decade, the secondary ticket market has grown exponentially, and today the online ticket resale industry is valued at approximately $4 billion. Although there are consumer benefits to this industry growth, some of the industry practices have precipitated a consumer backlash. This was typified in 2007 when many parents, hoping to purchase tickets to the Hannah Montana "Best of Both Worlds Tour," watched as tickets sold out online in only a few minutes or less. Coupled with this episode was the Ticketmaster v. RMG …
The Never-Ending Limits Of § 230: Extending Isp Immunity To The Sexual Exploitation Of Children, Katy Noeth
The Never-Ending Limits Of § 230: Extending Isp Immunity To The Sexual Exploitation Of Children, Katy Noeth
Federal Communications Law Journal
In 2006, the U.S. District Court for the Eastern District of Texas extended civil liability to Yahoo! under § 230 of the Communications Decency Act so that it could not be sued for knowingly profiting from a Web site where members exchanged sexually explicit pictures of minors. The court found that the reasoning of the seminal § 230 case, Zeran v. AOL, was analogous and that policy considerations mandated its holding.
This Note argues that a multifaceted approach is needed to prevent future courts from following that decision, including an amendment to § 230 that would impose civil liability upon …
Restrictive Trade Measures Based On Extraterritorial Human Rights Violations: An Analysis Under Allocation Of Regulatory Jurisdiction And Transaction Costs, Gustavo Ferreira Ribeiro
Restrictive Trade Measures Based On Extraterritorial Human Rights Violations: An Analysis Under Allocation Of Regulatory Jurisdiction And Transaction Costs, Gustavo Ferreira Ribeiro
Maurer Theses and Dissertations
Are states entitled to take unilateral or collective trade measures in cases of extraterritorial human rights violations? Are states obligated to do so? The debate is often blurred by a multitude of legal, political, economic, and moral arguments that have, so far, produced many misunderstandings. On one hand, the human rights community alleges that the superiority of human rights resolves any conflict. On the other hand, the trade community fears the intrusion of human rights language and power within the trade regime, including multilateral regimes like the World Trade Organization.
While exploring the above issue, this dissertation unfolds in three …
Liberalization And The Development Of Legal Education Policy In East Africa: A Case Study Of Uganda, Pamela Tibihikirra-Kalyegira
Liberalization And The Development Of Legal Education Policy In East Africa: A Case Study Of Uganda, Pamela Tibihikirra-Kalyegira
Maurer Theses and Dissertations
This dissertation analyzes the liberalization of legal education and training in East Africa. It explores avenues for developing a legal education policy that addresses various problems with regard to the quality of law graduates and of legal services in the market place currently available given the large number of law graduates entering the professional field each year.
The legal systems in Kenya, Tanzania and Uganda to a large extent follow the Common Law theories and practices of English Law. The three countries also share a history in the establishment of law schools and they face similar problems and challenges with …
2009 Recognition Ceremony Program
Vol. 7, No. 03 (May/June 2009)
Vol. 36, No. 14 (April 27, 2009)
Vol. 36, No. 13 (April 20, 2009)
Vol. 36, No. 12 (April 13, 2009)
Vol. 36, No. 11 (April 6, 2009)
Revisiting Prosecutorial Disclosure, Alafair S. Burke
Revisiting Prosecutorial Disclosure, Alafair S. Burke
Indiana Law Journal
After the exoneration of more than 200 people based on post-conviction DNA evidence, a growing movement against wrongful convictions has called increased attention to the prosecutorial suppression of material exculpatory evidence. Commentators frequently study prosecutorial failures to disclose as a form of intentional misconduct, coloring both the description of the problem and the recommended solutions. This Article, in contrast, explores how even ethical prosecutors might fail to disclose exculpatory evidence because off laws in the Brady doctrine itself-specifically, the Court's limitation of the doctrine to "material" exculpatory evidence. The materiality standard amplifies cognitive biases that distort even an ethical prosecutor's …
From Grimm To Glory: Simulated Oral Argument As A Component Of Legal Education's Signature Pedagogy, Lisa T. Mcelroy
From Grimm To Glory: Simulated Oral Argument As A Component Of Legal Education's Signature Pedagogy, Lisa T. Mcelroy
Indiana Law Journal
The past two years have been a period of landmark transformation in legal education. With the issuance of the Carnegie and Best Practices for Legal Education Reports, law schools and law professors have revisited the essential process of analyzing and transforming legal pedagogy. This widespread reexamination of the law school curriculum has yielded two important changes in legal education; first, law schools-including those in the top tier-have begun radically to amend their curricular goals and structures; and, second, legal scholars have begun to turn their attention to the theory and implementation of better legal education. As Carnegie and Best Practices …
Say "I Do": The Judicial Duty To Heighten Constitutional Scrutiny Of Immigration Policies Affecting Same-Sex Binational Couples, Cori K. Garland
Say "I Do": The Judicial Duty To Heighten Constitutional Scrutiny Of Immigration Policies Affecting Same-Sex Binational Couples, Cori K. Garland
Indiana Law Journal
No abstract provided.
Interfaith Marriage In Islam: An Examination Of The Legal Theory Behind The Traditional And Reformist Positions, Alex B. Leeman
Interfaith Marriage In Islam: An Examination Of The Legal Theory Behind The Traditional And Reformist Positions, Alex B. Leeman
Indiana Law Journal
No abstract provided.
The Central Intelligence Agency's "Family Jewels": Legal Then? Legal Now?, Daniel L. Pines
The Central Intelligence Agency's "Family Jewels": Legal Then? Legal Now?, Daniel L. Pines
Indiana Law Journal
Congress and the media recently have claimed that various activities of the Central Intelligence Agency (CIA)-from rendition operations, to the destruction of videotapes, to the maintenance of secret detention facilities overseas--are illegal. Critics levied similar charges against the CIA thirty-five years ago, with regard to activities contained in the "Family Jewels"--the 1973 compilation of the CIA's darkest secrets. The recent release of the Family Jewels provides the opportunity to try to put today's concerns in perspective. This Article evaluates the key activities conducted by the CIA as described in the Family Jewels-experimentation on unconsenting individuals, attempted targeted killings of foreign …
Putting The Community Back In Community Benefit: Proposed State Tax Exemption Standard For Nonprofit Hospitals, Michele R. Goodman
Putting The Community Back In Community Benefit: Proposed State Tax Exemption Standard For Nonprofit Hospitals, Michele R. Goodman
Indiana Law Journal
No abstract provided.
The Lost Meaning Of The Jury Trial Right, Laura I. Appleman
The Lost Meaning Of The Jury Trial Right, Laura I. Appleman
Indiana Law Journal
No abstract provided.
Does The Constitutional Norm Of Separation Of Church And State Justify The Denial Of Tax Exemption To Churches That Engage In Partisan Political Speech, Johnny Rex Buckles
Does The Constitutional Norm Of Separation Of Church And State Justify The Denial Of Tax Exemption To Churches That Engage In Partisan Political Speech, Johnny Rex Buckles
Indiana Law Journal
No abstract provided.
Vol. 36, No. 10 (March 30, 2009)
Vol. 36, No. 09 (March 23, 2009)
Vol. 36, No. 08 (March 9, 2009)
Vol. 36, No. 07 (March 2, 2009)
Editor's Note, Christopher J. Harayda
Editor's Note, Christopher J. Harayda
Federal Communications Law Journal
No abstract provided.
Reverse Auctions And Universal Telecommunications Service: Lessons From Global Experience, Scott Wallsten
Reverse Auctions And Universal Telecommunications Service: Lessons From Global Experience, Scott Wallsten
Federal Communications Law Journal
The United States now spends around $7 billion on universal service programs-subsidies intended to ensure that the entire country has access to telecommunications services. Most of this money supports telecommunications service in "high cost" (primarily rural) areas, and the High Cost fund is growing quickly. In response to this growth, policymakers are considering using reverse auctions, or bids for the minimum subsidy, as a way to reduce expenditures. While the United States has not yet distributed funds for universal service programs using reverse auctions, the method has been used widely.
First, reverse auctions are akin to standard government procurement procedures, …
A Fundamental Misunderstanding: Fcc Implementation Of U.S. Wto Commitments, Laura B. Sherman
A Fundamental Misunderstanding: Fcc Implementation Of U.S. Wto Commitments, Laura B. Sherman
Federal Communications Law Journal
In bilateral and multilateral trade agreements, the United States has agreed to open the market for telecommunications services to foreign service suppliers, an obligation implemented by the FCC since 1998. In contrast, the United States has made no commitments with respect to broadcasting services or broadcast licenses. This article clarifies the different treatment of telecommunications services and broadcast services in U.S. trade obligations and FCC orders.
Beyond Content Neutrality: Understanding Content-Based Promotion Of Democratic Speech, Marvin Ammori
Beyond Content Neutrality: Understanding Content-Based Promotion Of Democratic Speech, Marvin Ammori
Federal Communications Law Journal
Scholars and judges generally assume that the cornerstone of free speech doctrine is the distinction between content-based and content-neutral laws. Despite its wide acceptance, the distinction lacks any precedential or normative basis, unless it also accounts for another equally important distinction. The scholars' conventional view of content-analysis overlooks the difference between the government banning a book or recommending it. Content-based laws that suppress specific content, like banning a television show, should be problematic, but content-based laws that promote specific content, such as promoting educational and political shows, should not be.
Precedent and the First Amendment's underlying normative concerns both require …
An Evaluation Of The Proposals In The Fcc's Intercarrier Compensation Reform Docket Related To Tandem Transit Services, John R. Harrington, Ronald W. Gavillet, Matt D. Basil, Melissa L. Dickey
An Evaluation Of The Proposals In The Fcc's Intercarrier Compensation Reform Docket Related To Tandem Transit Services, John R. Harrington, Ronald W. Gavillet, Matt D. Basil, Melissa L. Dickey
Federal Communications Law Journal
As part of its Intercarrier Compensation Reform Docket, the Federal Communications Commission (FCC) has received many proposals advocating for the adoption of regulations relating to tandem transit services. As transiting affects virtually every carrier in the telecommunications industry, including traditional CLECs, cable telephony providers, wireless carriers, and even traditional ILECs, the industry is sharply divided over which, if any, of those proposals should be adopted. This Article provides an in-depth look at the issues dividing the industry, and the various proposals before the FCC. The Authors then hypothesize that the FCC should follow the lead of several state commissions who …