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Full-Text Articles in Law

Application Of The Public-Trust Doctrine And Principles Of Natural Resource Management To Electromagnetic Spectrum, Patrick S. Ryan Apr 2004

Application Of The Public-Trust Doctrine And Principles Of Natural Resource Management To Electromagnetic Spectrum, Patrick S. Ryan

Michigan Telecommunications & Technology Law Review

The Electromagnetic spectrum is among our most valuable natural resources. Yet while the past few decades have seen a rich body of environmental law develop for other natural resources, this movement has largely passed over the electromagnetic spectrum. This Article argues that to remedy that situation, the public-trust doctrine, which is now a cornerstone of modern environmental law, should be extended to the electromagnetic spectrum. This extension would not be a leap: the public-trust doctrine has already been used to guarantee the public access to various bodies of water (not just navigable water), and to protect recreational lakes and beaches, …


Telemedicine: Rx For The Future Of Health Care, Susan E. Volkert Jun 2000

Telemedicine: Rx For The Future Of Health Care, Susan E. Volkert

Michigan Telecommunications & Technology Law Review

Quite simply, telemedicine symbolizes and catalyzes the clash between the reality of our legal and political approach to health care and the American dream of bringing health care to all patients. Telemedicine, like our health care delivery systems, is regulated by many layers of government. Unlike other issues, telemedicine cuts through and challenges the traditional controls of access and cost. As such, telemedicine is a microcosm of our health care delivery system and a lens through which one may analyze the obstacles to access in the current system. This article examines these issues, proposes that telemedicine's goal should be to …


Major Legal Issues Arising From The Use Of The Geostationary Orbit, Stephen Gorove Jan 1984

Major Legal Issues Arising From The Use Of The Geostationary Orbit, Stephen Gorove

Michigan Journal of International Law

The remarkable scientific and technological developments of the past three decades have resulted in the increasing use of the "geostationary orbit.” Advances in the technology of broadcasting, meteorological reconnaissance, tracking and data relay from orbital satellites, for example, have greatly enlarged its importance. The growing number of geostationary satellites and the anticipated increases in their use have evoked widespread concerns among many less-developed countries (LDCs) about the early preemption of available orbital positions by more developed nations. Attention has focused on the question of the maximum number of satellites that can be accommodated in the orbit. Although estimates have varied …


The Space Warc: International Accommodations For Satellite Communications, Martin A. Rothblatt Jan 1984

The Space Warc: International Accommodations For Satellite Communications, Martin A. Rothblatt

Michigan Journal of International Law

Communication satellites in geostationary orbit have the marvelous ability to permit information exchange across very large distances. These satellites can accomplish this feat because they are high enough above the earth's surface to be in the "line-of-sight" of microwave transmitters and receivers many thousands of miles apart. Although communication satellites were first used to relay information between continents, by the end of the 1970s they were being used increasingly to transmit information within large countries. This more recent usage, known as "domestic satellite service," is an attractive substitute for lengthy terrestrial microwave or cable networks.


The Political Economy Of Orbit Spectrum Leasing, Harvey Levin Jan 1984

The Political Economy Of Orbit Spectrum Leasing, Harvey Levin

Michigan Journal of International Law

This article will propose several plans for allocating a common resource of the earth-the international orbit spectrum--among nations through mechanisms designed to introduce market incentives. The rights to orbital "parking places" are so defined as to permit their subdivision, recombination, and assignment in lease markets. The lease market approach accommodates the interests of both developed countries (DCs), who have the technology and domestic demand to establish satellite systems today, and less-developed countries (LDCs), who seek long-range planning to guarantee them access to the orbit spectrum at a time in the future when they, too, possess the capability and need. In …


Some Conflicting Trends In Satellite Telecommunications, David M. Leive Jan 1984

Some Conflicting Trends In Satellite Telecommunications, David M. Leive

Michigan Journal of International Law

Two broad trends are evident today in international satellite telecommunications. The first is a trend towards greater international regulation of the natural resources involved, the radio frequency spectrum and the geostationary satellite orbit. The second is a trend towards international and regional groupings in the provision of communications services among countries. Other articles in this volume discuss various aspects of one or the other of these trends, such as the 1985/1988 Space WARC, and regional satellite developments in Europe. Consequently, no attempt is made here to analyze the two trends fully. The principal point of this paper is to analyze …


Private Leased Telecommunication Lines: Threats To Continued International Availabliltiy, Jill L. Martin Jan 1984

Private Leased Telecommunication Lines: Threats To Continued International Availabliltiy, Jill L. Martin

Michigan Journal of International Law

This article examines both actual and proposed actions by Japanese and European telecommunications authorities, known as Ministries of Post, Telephone, and Telegraph (PTTs), to restrict private leased line availability, and then explores the possibility that these actions presage the total elimination of private leased lines. It concludes that unless the United States government adopts a unified and reasonable policy opposing the escalation of regulations and restrictions, their deleterious effects will become more severe.


Current Issues In Remote Sensing, I. H. Ph. Diederiks-Verschoor Jan 1984

Current Issues In Remote Sensing, I. H. Ph. Diederiks-Verschoor

Michigan Journal of International Law

In this article certain problems surrounding Satellite remote sensing (SRS) will be addressed with particular emphasis on their legal implications. Aspects of air law as they affect remote sensing will not be discussed in any detail, nor will it be necessary to refer to the vexing problem of determining the satisfactory boundary between the airspace and outer space. This fundamental problem is still in dispute and under constant review, both in scholarly circles and in the United Nations; and the world community may consider itself fortunate that the issue has not prevented a number of important international agreements on space …