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University of Pennsylvania Carey Law School

Journal of Law & Innovation

Publication Year

Articles 1 - 27 of 27

Full-Text Articles in Law

The Emerging Commercial Space Age: Legal And Policy Implications, Gerald L. Adams Iii, Christopher S. Yoo Nov 2023

The Emerging Commercial Space Age: Legal And Policy Implications, Gerald L. Adams Iii, Christopher S. Yoo

Journal of Law & Innovation

No abstract provided.


Space Law As Twenty-First Century International Law, Melissa J. Durkee Nov 2023

Space Law As Twenty-First Century International Law, Melissa J. Durkee

Journal of Law & Innovation

Space law’s current moment reflects international law’s current moment. That is, lawmaking processes aimed at updating international space law for the commercial space age reveal three larger themes about international lawmaking in the twenty-first century. These themes are: (a) evolutive lawmaking efforts by states; (b) the parallel development of laws in different fora by different actors; and (c) interpretive entrepreneurship by private actors. The themes are interrelated. They offer one story—but not the only possible story—about how international law develops when multilateral cooperation is out of reach. Together, the themes forecast a more pluralist international legal future, demanding new forms …


Controlling Decisions On Anti-Satellite Weapons: A Policy-Oriented Perspective, Gershon Hasin Nov 2023

Controlling Decisions On Anti-Satellite Weapons: A Policy-Oriented Perspective, Gershon Hasin

Journal of Law & Innovation

Through the lens of policy-oriented jurisprudence, this contribution will consider the potential avenues for controlling the decisions of participants when it comes to anti-satellite (“ASAT”) weapons within and outside the formal international lawmaking process. Given that all the major space powers have tested ASAT weapons and are thus primarily exposed to the adverse effects of any further testing and the strategic detriments of further proliferation, their interests seem to align in favor of a testing prohibition and non-proliferation. In fact, the United States has proclaimed a self-ban on destructive testing and has promoted a call for an international testing ban …


From “Open Skies” To Traffic Jams In 12 Ghz: A Short History Of Satellite Radio Spectrum, Thomas Hazlett, Dongning Guo, Michael Honig Nov 2023

From “Open Skies” To Traffic Jams In 12 Ghz: A Short History Of Satellite Radio Spectrum, Thomas Hazlett, Dongning Guo, Michael Honig

Journal of Law & Innovation

As an industry, communications satellites have traced a wobbly trajectory. Envisioned to bring revolutionary advances to telecommunications services in the U.S. Communications Satellite Act of 1962, the marketplace did open via Comsat, a public-private partnership. But the sluggish pace was revealed a decade later when progress increased substantially with the Open Skies policy. Free entry collapsed costs for wide area distribution of broadcasting services, launching the U.S. cable television industry (disrupting the TV broadcasting triopoly) in the 1980s and then direct-to-subscriber satellite TV (challenging the new incumbent cable operators) in the 1990s. In ensuing decades, however, fortunes reversed. Satellite phone …


Property Rights Over The Moon Or On The Moon? The Legality Of Space Resource Exploitation On Celestial Bodies, Frans G. Von Der Dunk Nov 2023

Property Rights Over The Moon Or On The Moon? The Legality Of Space Resource Exploitation On Celestial Bodies, Frans G. Von Der Dunk

Journal of Law & Innovation

One of the most debated issues in humankind’s ongoing ventures into outer space today from a legal perspective concerns the various plans and projects for long-term human settlements on the Moon and Mars and the accompanying interest in In-Situ Resource Utilization (ISRU) as part of what more commonly is known as “space mining.” Given the lack of precision of the 1967 Outer Space Treaty,1 the lack of support for the 1979 Moon Agreement,2 and the more recent enunciation of a few national laws on the matter,3 major questions arise as to the extent of the legality of commercial exploitation of …


Should Satellite Broadband Be Included In Universal Service Subsidy Programs?, Gregory L. Rosston, Scott J. Wallsten Nov 2023

Should Satellite Broadband Be Included In Universal Service Subsidy Programs?, Gregory L. Rosston, Scott J. Wallsten

Journal of Law & Innovation

The United States is at a pivotal moment for broadband competition, with emerging technologies like 5G fixed wireless and Low-Earth Orbit (LEO) satellites offering high-quality broadband service that can be substitutes for wireline service. LEO satellites, especially, can provide cost-effective coverage for areas otherwise very expensive to reach. Despite the quality of these services, the Universal Service Fund (USF), an $8-$9 billion annual broadband subsidy program has traditionally excluded satellite service. NTIA and state regulators also appear ready to severely limit or exclude satellite service from the large new programs designed to eliminate the digital divide. This Article will focus …


Masthead Nov 2023

Masthead

Journal of Law & Innovation

No abstract provided.


Algorithmic Grey Holes, Alicia G. Solow-Niederman Jan 2023

Algorithmic Grey Holes, Alicia G. Solow-Niederman

Journal of Law & Innovation

No abstract provided.


The Dangers Of Automated Gunshot Detection, Maneka Sinha Jan 2023

The Dangers Of Automated Gunshot Detection, Maneka Sinha

Journal of Law & Innovation

No abstract provided.


Understanding Criminal Justice Innovations, Meghan J. Ryan Jan 2023

Understanding Criminal Justice Innovations, Meghan J. Ryan

Journal of Law & Innovation

No abstract provided.


Emerging Technology’S Language Wars: Ai And Criminal Justice, Carla L. Reyes Jan 2023

Emerging Technology’S Language Wars: Ai And Criminal Justice, Carla L. Reyes

Journal of Law & Innovation

No abstract provided.


Masthead Jan 2023

Masthead

Journal of Law & Innovation

No abstract provided.


Encouraging Interagency Collaboration: Learning From Covid-19, Rachel E. Sachs Jan 2022

Encouraging Interagency Collaboration: Learning From Covid-19, Rachel E. Sachs

Journal of Law & Innovation

No abstract provided.


Social Media Self-Regulation And The Rise Of Vaccine Misinformation, Ana Santos Rutschman Jan 2022

Social Media Self-Regulation And The Rise Of Vaccine Misinformation, Ana Santos Rutschman

Journal of Law & Innovation

No abstract provided.


Masthead Jan 2022

Masthead

Journal of Law & Innovation

No abstract provided.


Promoting Public Health Through State Sovereign Immunity, Sapna Kumar Jan 2022

Promoting Public Health Through State Sovereign Immunity, Sapna Kumar

Journal of Law & Innovation

No abstract provided.


Regulation As Partnership, Justin (Gus) Hurwitz Mar 2021

Regulation As Partnership, Justin (Gus) Hurwitz

Journal of Law & Innovation

No abstract provided.


Innovation Or Jobs? An Inconvenient Truth About Public Financing For “Innovation”, Camilla A. Hrdy Mar 2021

Innovation Or Jobs? An Inconvenient Truth About Public Financing For “Innovation”, Camilla A. Hrdy

Journal of Law & Innovation

No abstract provided.


Inconvenient Truths: Interpreting The Origins Of The Commercial Internet, Shane Greenstein Mar 2021

Inconvenient Truths: Interpreting The Origins Of The Commercial Internet, Shane Greenstein

Journal of Law & Innovation

No abstract provided.


Experimental Strategies For Regulating Fintech, Hilary J. Allen Mar 2021

Experimental Strategies For Regulating Fintech, Hilary J. Allen

Journal of Law & Innovation

No abstract provided.


Explanation < Justification: Gdpr And The Perils Of Privacy, Talia B. Gillis, Josh Simons Mar 2021

Explanation < Justification: Gdpr And The Perils Of Privacy, Talia B. Gillis, Josh Simons

Journal of Law & Innovation

No abstract provided.


Justifying The Efficacy Of Contract Discrimination, Hosea H. Harvey Mar 2021

Justifying The Efficacy Of Contract Discrimination, Hosea H. Harvey

Journal of Law & Innovation

No abstract provided.


Why Do People Avoid Information About Privacy?, Dan Svirsky Mar 2021

Why Do People Avoid Information About Privacy?, Dan Svirsky

Journal of Law & Innovation

No abstract provided.


All Smart Contracts Are Ambiguous, James Grimmelmann Mar 2021

All Smart Contracts Are Ambiguous, James Grimmelmann

Journal of Law & Innovation

No abstract provided.


Abstraction, Filtration, And Comparison In Patent Law, Michael Risch Mar 2021

Abstraction, Filtration, And Comparison In Patent Law, Michael Risch

Journal of Law & Innovation

No abstract provided.


Explaining Criminal Sanctions In Intellectual Property Law, Irina D. Manta Mar 2021

Explaining Criminal Sanctions In Intellectual Property Law, Irina D. Manta

Journal of Law & Innovation

No abstract provided.


The “New Madison” Approach To Antitrust And Intellectual Property Law, Makan Delrahim Mar 2021

The “New Madison” Approach To Antitrust And Intellectual Property Law, Makan Delrahim

Journal of Law & Innovation

No abstract provided.