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2008

Property rights

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Full-Text Articles in Law

Property Rights In Spectrum: A Reply To Hazlett, Philip J. Weiser, Dale N. Hatfield Jan 2008

Property Rights In Spectrum: A Reply To Hazlett, Philip J. Weiser, Dale N. Hatfield

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No abstract provided.


Spectrum Policy Reform And The Next Frontier Of Property Rights, Philip J. Weiser, Dale N. Hatfield Jan 2008

Spectrum Policy Reform And The Next Frontier Of Property Rights, Philip J. Weiser, Dale N. Hatfield

Publications

The scarcity of wireless spectrum reflects a costly failure of regulation. In practice, large swaths of spectrum are vastly underused or used for low value activities, but the regulatory system prevents innovative users from gaining access to such spectrum through marketplace transactions. In calling for the propertyzing of swaths of spectrum as a replacement for the current command-and-control system, many scholars have wrongfully assumed the simplicity of how such a regime would work in practice. In short, many scholars suggest that spectrum property rights can easily borrow key principles from trespass law, reasoning that since property rights work well for …