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Articles 1 - 4 of 4
Full-Text Articles in Law
Net Neutrality Regulation: The Economic Evidence, Vernon Smith, Jerry Brito, Martin Cave, Robert Crandall, Larry Darby, Jeffrey Eisenbach, Jerry Ellig, Henry Ergas, David Farber, Gerald Faulhaber, Robert Hahn, Alfred Kahn, Wayne Leighton, Robert Litan, Glen Robinson, Hal Singer, William Taylor, Timothy Tardiff, Leonard Waverman, Dennis Weisman
Net Neutrality Regulation: The Economic Evidence, Vernon Smith, Jerry Brito, Martin Cave, Robert Crandall, Larry Darby, Jeffrey Eisenbach, Jerry Ellig, Henry Ergas, David Farber, Gerald Faulhaber, Robert Hahn, Alfred Kahn, Wayne Leighton, Robert Litan, Glen Robinson, Hal Singer, William Taylor, Timothy Tardiff, Leonard Waverman, Dennis Weisman
Vernon L. Smith
In the authors' shared opinion, the economic evidence does not support the regulations proposed in the Commission’s Notice of Proposed Rulemaking Regarding Preserving the Open Internet and Broadband Industry Practices (the “NPRM”). To the contrary, the economic evidence provides no support for the existence of market failure sufficient to warrant ex ante regulation of the type proposed by the Commission, and strongly suggests that the regulations, if adopted, would reduce consumer welfare in both the short and long run. To the extent the types of conduct addressed in the NPRM may, in isolated circumstances, have the potential to harm competition …
Radio Spectrum And The Disruptive Clarity Of Ronald Coase, Vernon Smith, Thomas Hazlett, David Porter
Radio Spectrum And The Disruptive Clarity Of Ronald Coase, Vernon Smith, Thomas Hazlett, David Porter
Vernon L. Smith
In the Federal Communications Commission, Ronald Coase exposed deep foundations via normative argument buttressed by astute historical observation. The government controlled scarce frequencies, issuing sharply limited use rights. Spillovers were said to be otherwise endemic. Coase saw that Government limited conflicts by restricting uses; property owners perform an analogous function via the “price system.” The government solution was inefficient unless the net benefits of the alternative property regime were lower. Coase augured that the price system would outperform. His spectrum auction proposal was mocked by communications policy experts, opposed by industry interests, and ridiculed by policy makers. Hence, it took …
Guantanamo As A 'Legal Black Hole': A Base For Expanding Space, Markets, And Culture, Ernesto Hernandez-Lopez
Guantanamo As A 'Legal Black Hole': A Base For Expanding Space, Markets, And Culture, Ernesto Hernandez-Lopez
Ernesto A. Hernandez
Guantanamo appears as a "legal black hole" especially when examining detainee rights, but in reality empire purposefully creates these jurisdictional anomalies. To further U.S. interests overseas in 1903, base jurisdiction was crafted as anomalous between Cuban sovereignty and American occupation. For the 174 still detained, it's still a black hole. After four Supreme Court decisions, anomaly continues to pervade detention litigation. Functional tests for extraterritorial constitutional rights, habeas proceedings, and the unclear fate of Uighur-detainees all suffer from doctrinal obfuscation. Detainees rights, or lack of, are just one aspect of anomaly. Empire's dynamic forces produced these ambiguities. Guantanamo represents American …
Codifying Caperton V. A.T. Massey Coal Co., Ronald Rotunda
Codifying Caperton V. A.T. Massey Coal Co., Ronald Rotunda
Ronald D. Rotunda
Before Caperton v. A.T. Massey Coal Co., 129 S. Ct. 2252, 2266 (2009). due process mandated judicial disqualification in two basic situations: first, when the judge had a direct, personal, and substantial pecuniary interest in the case, or second, when the judge acted as judge, jury, prosecutor, and complaining witness, and there was no need for an instant response. Caperton adds a third category. Due process requires a judge to disqualify himself if a person who is not a party (but is a principal officer of a party) has made substantial independent expenditures to support the successful judicial candidate or …