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Full-Text Articles in Law
Fcc Regulation Versus Antitrust: How Net Neutrality Is Defining The Boundaries, Babette E.L. Boliek
Fcc Regulation Versus Antitrust: How Net Neutrality Is Defining The Boundaries, Babette E.L. Boliek
Babette Boliek
This Article challenges the various jurisdictional theories that underpin the FCC’s net neutrality regulation. The assertion of jurisdiction by the FCC over any aspect of the Internet ecosystem has raised populist, congressional, and even judicial rhetoric to a crescendo and resulted in a recent vote to defund the FCC’s efforts. This Article places the current crisis squarely in the context of the long-standing jurisdictional struggle between regulation and antitrust law. These two regimes are often at jurisdictional cross-purposes because, even though they both purport to maximize the social good, they do so by inapposite means. Indeed, there is a policy …
Agencies In Crisis?: An Examination Of State And Federal Agency Emergency Powers, Babette Boliek
Agencies In Crisis?: An Examination Of State And Federal Agency Emergency Powers, Babette Boliek
Babette Boliek
That state and federal agencies have emergency powers, is well known. Much less is known about the process and circumstances under which these powers are exercised—subjects that divide scholars into two theoretical camps. Scholars on one side assert that ample agency discretion in time of need is not only desirable, but it is laudable in the pursuit of efficiency and “deossification” of regulatory action. Scholars on the other side contend that emergency powers are so broadly granted, and representative procedure is so easily abandoned, that the inevitable result is agency unaccountability and aggrandizement. In response, this article presents new empirical …