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Journal

Maurer School of Law: Indiana University

1999

Articles 61 - 88 of 88

Full-Text Articles in Law

A View From The Field: Some Observations On The Effect Of International Commercial Law Reform Efforts On The Rule Of Law, Bruce A. Markell Apr 1999

A View From The Field: Some Observations On The Effect Of International Commercial Law Reform Efforts On The Rule Of Law, Bruce A. Markell

Indiana Journal of Global Legal Studies

No abstract provided.


Guarding The Gates With Two Faces: International Law And Political Reconstruction, Susan Marks Apr 1999

Guarding The Gates With Two Faces: International Law And Political Reconstruction, Susan Marks

Indiana Journal of Global Legal Studies

No abstract provided.


Spawning The Sec, Henry Laurence Apr 1999

Spawning The Sec, Henry Laurence

Indiana Journal of Global Legal Studies

No abstract provided.


The Globalization Of Baseball: Major League Baseball And The Mistreatment Of Latin American Baseball Talent, Arturo J. Marcano, David Fidler Apr 1999

The Globalization Of Baseball: Major League Baseball And The Mistreatment Of Latin American Baseball Talent, Arturo J. Marcano, David Fidler

Indiana Journal of Global Legal Studies

No abstract provided.


Legitimacy And Authority In Internet Coordination: A Domain Name Case Study, Joseph P. Liu Apr 1999

Legitimacy And Authority In Internet Coordination: A Domain Name Case Study, Joseph P. Liu

Indiana Law Journal

No abstract provided.


Hidden In Plain View: The Pension Shield Against Creditors, Patricia E. Dilley Apr 1999

Hidden In Plain View: The Pension Shield Against Creditors, Patricia E. Dilley

Indiana Law Journal

No abstract provided.


Terrorism: A Global Phenomenon Mandating A Unified International Response, Jacqueline Ann Carberry Apr 1999

Terrorism: A Global Phenomenon Mandating A Unified International Response, Jacqueline Ann Carberry

Indiana Journal of Global Legal Studies

No abstract provided.


Legal Consequences Of Globalization: The Status Of Non-Governmental Organizations Under International Law, Karsten Nowrot Apr 1999

Legal Consequences Of Globalization: The Status Of Non-Governmental Organizations Under International Law, Karsten Nowrot

Indiana Journal of Global Legal Studies

No abstract provided.


Power And Ideas: North-South Politics Of Intellectual Property And Antitrust, By Susan K. Sell, Lucio Lanucara Apr 1999

Power And Ideas: North-South Politics Of Intellectual Property And Antitrust, By Susan K. Sell, Lucio Lanucara

Indiana Journal of Global Legal Studies

No abstract provided.


Balancing Interests In Frozen Embryo Disputes: Is Adoption Really A Reasonable Alternative?, David L. Theyssen Apr 1999

Balancing Interests In Frozen Embryo Disputes: Is Adoption Really A Reasonable Alternative?, David L. Theyssen

Indiana Law Journal

No abstract provided.


Revenge On Utilitarianism: Renouncing A Comprehensive Economic Theory Of Crime And Punishment, William L. Barnes Jr. Apr 1999

Revenge On Utilitarianism: Renouncing A Comprehensive Economic Theory Of Crime And Punishment, William L. Barnes Jr.

Indiana Law Journal

No abstract provided.


Once Is Not Enough: Preserving Consumers' Rights To Bankruptcy Protection, Susan L. Dejarnatt Apr 1999

Once Is Not Enough: Preserving Consumers' Rights To Bankruptcy Protection, Susan L. Dejarnatt

Indiana Law Journal

No abstract provided.


Judicial Intervention In A Twenty-First Century Republic: Shuffling Deck Chairs On The Titanic?, Kristofor J. Hammond Apr 1999

Judicial Intervention In A Twenty-First Century Republic: Shuffling Deck Chairs On The Titanic?, Kristofor J. Hammond

Indiana Law Journal

No abstract provided.


The Abolition Of The Death Penalty: Does "Abolition" Really Mean What You Think It Means?, Christy A. Short Apr 1999

The Abolition Of The Death Penalty: Does "Abolition" Really Mean What You Think It Means?, Christy A. Short

Indiana Journal of Global Legal Studies

No abstract provided.


Proposals For Reforming The Administrative Procedure Act: Globalization, Democracy And The Furtherance Of A Global Public Interest (Earl A. Snyder Lecture In International Law), Alfred C. Aman Apr 1999

Proposals For Reforming The Administrative Procedure Act: Globalization, Democracy And The Furtherance Of A Global Public Interest (Earl A. Snyder Lecture In International Law), Alfred C. Aman

Indiana Journal of Global Legal Studies

No abstract provided.


Introduction: The Rule Of Law In The Era Of Globalization Symposium, David Fidler Apr 1999

Introduction: The Rule Of Law In The Era Of Globalization Symposium, David Fidler

Indiana Journal of Global Legal Studies

No abstract provided.


The Fairness Doctrine Is Dead And Living In Israel, Amit M. Schejter Mar 1999

The Fairness Doctrine Is Dead And Living In Israel, Amit M. Schejter

Federal Communications Law Journal

The fairness doctrine has long been eliminated as required conduct for broadcasters in the United States. When enforced, it meant both being required to discuss controversial issues and to represent them in a fair way. In Western Europe, where only public service broadcasters existed until quite recently, a different doctrine emerged—the doctrine of impartiality. Under this doctrine, broadcasters were to refrain from being partial in any way. In Israel, a hybrid solution was adopted: While the system was designed in the Western European way, the courts have been insisting for years that the American fairness doctrine is the norm for …


Editor's Note, Malcolm J. Tuesley Mar 1999

Editor's Note, Malcolm J. Tuesley

Federal Communications Law Journal

No abstract provided.


Federal Preemption Of State Universal Service Regulations Under The Telecommunications Act Of 1996, Mark P. Trinchero, Holly Rachel Smith Mar 1999

Federal Preemption Of State Universal Service Regulations Under The Telecommunications Act Of 1996, Mark P. Trinchero, Holly Rachel Smith

Federal Communications Law Journal

With the passage of the Telecommunications Act of 1996, Congress revamped federal universal service policy by requiring that universal service support be explicit. The Act also provides that states can supplement federal universal service support with state universal service support. However, under section 254(f) of the Act, state programs must not be "inconsistent with" the FCC’s rules for implementing the Federal Plan. Section 254(f) provides for express preemption of state universal service plans but uses FCC rules as a measure for determining when preemption is required. As a result, the case law governing express preemption by Congress is in and …


Cap-Sized: How The Promise Of The Price Cap Voyage To Competition Was Lost In A Sea Of Good Intentions, Gregory J. Vogt Mar 1999

Cap-Sized: How The Promise Of The Price Cap Voyage To Competition Was Lost In A Sea Of Good Intentions, Gregory J. Vogt

Federal Communications Law Journal

This Article explores the Federal Communication Commission’s efforts to regulate into being marketplace economic forces through price cap regulation. A comprehensive analysis of the history and policies behind price cap regulation of LECs offers guidance for the future. Ultimately, while progress towards local exchange competition has been made, certain important adjustments should be implemented to allow price caps to achieve their full potential. These changes, consistent with the original theory of price caps, will in turn help speed the transition to competition.


Masthead Vol.51 No.2 (1999) Mar 1999

Masthead Vol.51 No.2 (1999)

Federal Communications Law Journal

No abstract provided.


Whither To Regulate?, Patrick A. Miles Jr. Mar 1999

Whither To Regulate?, Patrick A. Miles Jr.

Federal Communications Law Journal

Book Review: Public Policy Toward Cable Television: The Economics of Rate Controls, by Thomas W. Hazlett and Matthew L. Spitzer, The MIT Press and The AEI Press, 1997, 253 pages.


The First Amendment Case Against Fcc Ip Telephony Regulation, Tuan N. Samahon Mar 1999

The First Amendment Case Against Fcc Ip Telephony Regulation, Tuan N. Samahon

Federal Communications Law Journal

This Comment argues that IP telephony, like handbills and traditional print media, deserves First Amendment protection against FCC regulatory authority. After briefly reviewing the IP telephony phenomenon within the larger context of "digital convergence," the Comment examines the FCC and Supreme Court’s technologically driven First Amendment jurisprudence—particularly, the First Amendment’s conspicuous absence from the IP telephony dialogue, and, correspondingly, the prominence of assurances of regulatory forbearance in Congress, the courts, and the FCC. In response, the Author offers First Amendment content-based and content-neutral arguments against the proposed telephony regulations. At the very least, the affordability and innovation IP telephony offers …


From International Competitive Carrier To The Wto: A Survey Of The Fcc’S International Telecommunications Policy Initiatives 1985-1998, Lawrence J. Spiwak Mar 1999

From International Competitive Carrier To The Wto: A Survey Of The Fcc’S International Telecommunications Policy Initiatives 1985-1998, Lawrence J. Spiwak

Federal Communications Law Journal

No abstract provided.


Playing The Name Game: A Glimpse At The Future Of The Internet Domain Name System, Rebecca W. Gole Mar 1999

Playing The Name Game: A Glimpse At The Future Of The Internet Domain Name System, Rebecca W. Gole

Federal Communications Law Journal

As the Internet continues to expand into the top global medium for commerce, education, and communication, individuals and businesses are racing to claim their own unique Internet address or domain name. Unlike the three-dimensional world, where many entities may share the same name, on the Internet each domain name must be unique. As a result of this uniqueness requirement, a variety of disputes and trademark issues have arisen as individuals and entities compete for lucrative domain names on the Internet market. These disputes have led to the submission of two proposals for the overhaul of the current domain name system. …


Betting On The Net: An Analysis Of The Government’S Role In Addressing Internet Gambling, Stevie A. Kish Mar 1999

Betting On The Net: An Analysis Of The Government’S Role In Addressing Internet Gambling, Stevie A. Kish

Federal Communications Law Journal

The Internet Gambling Prohibition Act represents the U.S. Senate’s response to the development of a new online industry—Internet gambling. While this ban could arguably reduce the dangers associated with Internet gambling, such as fraud and addiction, it can only do so by exacting a substantial cost on principles of federalism. Rather than enacting this federal prohibition, Congress should instead leave the issue of whether Internet gambling should be legalized to the states.


Employer Liability For Employee Online Criminal Acts, Jeffrey S. Nowak Mar 1999

Employer Liability For Employee Online Criminal Acts, Jeffrey S. Nowak

Federal Communications Law Journal

While the computer and Internet have served as the foundation for a more efficient and effective workplace, they have also wreaked havoc on employers. Employees are increasingly using work-related time to enter the Information Superhighway to commit criminal acts upon third parties outside the employer’s business. Can an employer be held liable for such acts when they are committed using the employer’s computer and Internet system? While the doctrine of respondeat superior may shield employers from liability, the theory of negligent retention or supervision may allow injured parties a second bite at the employer liability apple. Because legislatures and courts …


To Net Or Not To Net: Singapore’S Regulation Of The Internet, Sarah B. Hogan Mar 1999

To Net Or Not To Net: Singapore’S Regulation Of The Internet, Sarah B. Hogan

Federal Communications Law Journal

Internet access has become almost commonplace, as has the unfettered exchange of ideas through cyberspace. Several nations, Singapore among them, have attempted to control their citizens’ Internet access in order to preserve and protect a desired national culture. A brief overview of the technological means of Internet censorship reveals a hidden truth: If Singapore truly wishes to become the technological giant of the East, the government will have to sacrifice its desire to control Internet content.