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Full-Text Articles in Law

Response To Questions In The First White Paper, 'Modernizing The Communications Act', Randolph J. May, Richard A. Epstein, Justin (Gus) Hurwitz, Daniel Lyons, James B. Speeta, Christopher S. Yoo Mar 2014

Response To Questions In The First White Paper, 'Modernizing The Communications Act', Randolph J. May, Richard A. Epstein, Justin (Gus) Hurwitz, Daniel Lyons, James B. Speeta, Christopher S. Yoo

Daniel Lyons

The House Energy and Commerce Committee has begun a process to review and update the Communications Act of 1934, last revised in any material way in 1996. As the Committee begins the review process, this paper responds to questions posed by the Committee that all relate, in fundamental ways, to the question: "What should a modern Communications Act look like?" The Response advocates a "clean slate" approach under which the regulatory silos that characterize the current statute would be eliminated, along with almost all of the ubiquitous 'public interest' delegation of authority found throughout the Communications Act. The replacement regime …


A Case Study In Collaborative Technology And The Intentionally Relational Contract: Building Information Modeling And Construction Industry Contracts, Carl J. Circo Dec 2013

A Case Study In Collaborative Technology And The Intentionally Relational Contract: Building Information Modeling And Construction Industry Contracts, Carl J. Circo

Carl J. Circo

This article argues that the digital world is beginning to play a key role in moving commercial actors toward intentionally relational contracting practices by fostering and rewarding interdependence, adaptability, and reciprocity among otherwise autonomous, self-interested actors in the marketplace. Using a case study involving the most important technology affecting contractual relations in the construction industry, this article explores how collaborative technologies may be expanding opportunities for relational contract in commercial transactions. The study shows how building information modeling is reshaping contractual behavior in the industry by facilitating and encouraging a previously unimagined degree of collaboration among design professionals, builders, specialty …