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1998

Maurer School of Law: Indiana University

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Articles 1 - 30 of 189

Full-Text Articles in Law

Vol. 15, No. 14 (December 7, 1998) Dec 1998

Vol. 15, No. 14 (December 7, 1998)

Indiana Law Annotated

No abstract provided.


Editor's Note, Malcolm J. Tuesley Dec 1998

Editor's Note, Malcolm J. Tuesley

Federal Communications Law Journal

No abstract provided.


"Wildly Enthusiastic" About The First Multilateral Agreement On Trade In Telecommunications Services, Laura B. Sherman Dec 1998

"Wildly Enthusiastic" About The First Multilateral Agreement On Trade In Telecommunications Services, Laura B. Sherman

Federal Communications Law Journal

In 1998, the World Trade Organization’s (WTO) "Basic Telecom Agreement" dramatically opened to foreign competition basic telecommunications services of the sixty-nine WTO Members committing to the Agreement. The process and results of the WTO negotiations are important to telecommunications consumers because there will be increased market competition, thereby decreasing the price of such services and increasing consumer choice. The negotiations that led to the WTO Agreement resolved many difficult issues including: scheduling, regulator’s independence, competitive safeguards, and interconnection of telecommunications suppliers. The resolution of these issues will allow market access and foreign ownership in over 90 percent of major markets. …


Masthead Vol.51 No.1 (1998) Dec 1998

Masthead Vol.51 No.1 (1998)

Federal Communications Law Journal

No abstract provided.


A Birthday Party: The Terrible Or Terrific Two’S? 1996 Federal Telecommunications Act, Kathleen Wallman Dec 1998

A Birthday Party: The Terrible Or Terrific Two’S? 1996 Federal Telecommunications Act, Kathleen Wallman

Federal Communications Law Journal

As we celebrate the second anniversary of the Telecommunications Act of 1996, we can see that the predictions of instant cross-industry competition that were made at its birth were rather euphoric. Despite the unexpected twists and turns of the first two years, there have been a number of significant market developments suggesting that the lowering of barriers that the Act effected have put things on the right course. However, the success of the Act will be rather fragile during the next few years, as it is subject to reversal by market as well as judicial forces. We should therefore continue …


Liberalized Telecommunications Trade In The Wto: Implications For Universal Service Policy, Taunya L. Mclarty Dec 1998

Liberalized Telecommunications Trade In The Wto: Implications For Universal Service Policy, Taunya L. Mclarty

Federal Communications Law Journal

The basic telecommunications commitments associated with the General Agreement on Trade in Services significantly affect market liberalization. Ultimately, a domestic legal framework that incorporates, as a part, some cost sharing for the furtherance of socially beneficial domestic policy would increase universal access benefits for some. Any detriment to those who are bearing the costs of it would be offset by the benefits that are obtained from GATS commitments on telecommunications that reduced trade barriers on services. Thus, this domestic/international arrangement could increase access to basic and enhanced services for some without decreasing universal service to any.


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

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

With the creation and implementation of the February 1996 World Trade Organization Agreement on Basic Telecommunications Services, the international telecommunications community has (at least on paper) promised ostensibly to move away from markets characterized by monopolies and toward a world of competition and deregulation. The big question, however, is whether these efforts will actually lead to better economic performance in the market for international telecommunications products and services. This Article examines one particular, yet extremely significant, portion of this inquiry—how much have U.S. international telecommunications policies specifically helped or hindered this process. This Article, after surveying Federal Communications Commission (FCC …


State Sales & Use Tax On Internet Transactions, Sandi Owen Dec 1998

State Sales & Use Tax On Internet Transactions, Sandi Owen

Federal Communications Law Journal

The explosive growth of electronic commerce raises serious questions about the viability of the current state sales and use tax system. Sales via the Internet and other electronic means are changing both the form and substance of consumer transactions, and such sales often do not satisfy the traditional nexus requirement for state taxation because on-line vendors frequently lack physical presence in the purchaser’s home state. The inability to collect taxes on this growing segment of the retail sales market will impair states’ efforts to raise revenues and cause economically similar transactions to be treated differently. Consequently, Congress must act pursuant …


Commercial Speech In The Law Of The European Union: Lessons For The United States?, J. Steven Rich Dec 1998

Commercial Speech In The Law Of The European Union: Lessons For The United States?, J. Steven Rich

Federal Communications Law Journal

Both the United States and the countries that comprise the European Union have previously imposed limits on tobacco advertising. These restrictions prevent tobacco companies from advertising on broadcast television. Recently, the European Union adopted a new proposal that would expand restrictions by phasing out press and billboard advertisements, and prohibiting tobacco company sponsorship of sporting events. It seems certain that advertising interests in Europe will challenge the new proposal as a violation of freedom of expression. An analysis of the European Convention on Human Rights reveals that these challenges should ultimately succeed since the restriction on commercial speech is more …


Vol. 15, No. 13 (November 23, 1998) Nov 1998

Vol. 15, No. 13 (November 23, 1998)

Indiana Law Annotated

No abstract provided.


Vol. 15, No. 12 (November 16, 1998) Nov 1998

Vol. 15, No. 12 (November 16, 1998)

Indiana Law Annotated

No abstract provided.


Vol. 15, No. 11 (November 9, 1998) Nov 1998

Vol. 15, No. 11 (November 9, 1998)

Indiana Law Annotated

No abstract provided.


Vol. 15, No. 10 (November 2, 1998) Nov 1998

Vol. 15, No. 10 (November 2, 1998)

Indiana Law Annotated

No abstract provided.


Vol. 15, No. 09 (October 26, 1998) Oct 1998

Vol. 15, No. 09 (October 26, 1998)

Indiana Law Annotated

No abstract provided.


Vol. 15, No. 08 (October 19, 1998) Oct 1998

Vol. 15, No. 08 (October 19, 1998)

Indiana Law Annotated

No abstract provided.


Vol. 15, No. 07 (October 12, 1998) Oct 1998

Vol. 15, No. 07 (October 12, 1998)

Indiana Law Annotated

No abstract provided.


Vol. 15, No. 06 (October 5, 1998) Oct 1998

Vol. 15, No. 06 (October 5, 1998)

Indiana Law Annotated

No abstract provided.


Neocolonialism, Anticommons Property, And Biopiracy In The (Not-So-Brave) New World Order Of International Intellectual Property Protection, Keith Aoki Oct 1998

Neocolonialism, Anticommons Property, And Biopiracy In The (Not-So-Brave) New World Order Of International Intellectual Property Protection, Keith Aoki

Indiana Journal of Global Legal Studies

No abstract provided.


Harmonization And The Goals Of Copyright: Property Rights Or Cultural Progress?, Kenneth D. Crews Oct 1998

Harmonization And The Goals Of Copyright: Property Rights Or Cultural Progress?, Kenneth D. Crews

Indiana Journal of Global Legal Studies

No abstract provided.


Intellectual Property, Human Rights & Sovereignty: New Dilemmas In International Law Posed By The Recognition Of Indigenous Knowledge And The Conservation Of Biodiversity, Rosemary J. Coombe Oct 1998

Intellectual Property, Human Rights & Sovereignty: New Dilemmas In International Law Posed By The Recognition Of Indigenous Knowledge And The Conservation Of Biodiversity, Rosemary J. Coombe

Indiana Journal of Global Legal Studies

No abstract provided.


Controlling World Wide Web Links, Property Rights, Access Rights And Unfair Competition, Chris Reed Oct 1998

Controlling World Wide Web Links, Property Rights, Access Rights And Unfair Competition, Chris Reed

Indiana Journal of Global Legal Studies

No abstract provided.


Introduction: The Indiana Journal Of Global Legal Studies Immigration Project Oct 1998

Introduction: The Indiana Journal Of Global Legal Studies Immigration Project

Indiana Journal of Global Legal Studies

No abstract provided.


International Law & Ethnic Conflict, By David Wippman, Satvinder S. Juss Oct 1998

International Law & Ethnic Conflict, By David Wippman, Satvinder S. Juss

Indiana Journal of Global Legal Studies

No abstract provided.


Race, The Immigration Laws, And Domestic Race Relations: A "Magic Mirror'' Into The Heart Of Darkness, Kevin R. Johnson Oct 1998

Race, The Immigration Laws, And Domestic Race Relations: A "Magic Mirror'' Into The Heart Of Darkness, Kevin R. Johnson

Indiana Law Journal

No abstract provided.


Rethinking The Clear And Present Danger Test, David R. Dow, R. Scott Shieldes Oct 1998

Rethinking The Clear And Present Danger Test, David R. Dow, R. Scott Shieldes

Indiana Law Journal

No abstract provided.


Vol. 8, No. 2 (Fall 1998) Oct 1998

Vol. 8, No. 2 (Fall 1998)

Alumni Update

No abstract provided.


Intercountry Adoption Under The Hague Convention: Still An Attractive Option For Homosexuals Seeking To Adopt?, Lisa Hillis Oct 1998

Intercountry Adoption Under The Hague Convention: Still An Attractive Option For Homosexuals Seeking To Adopt?, Lisa Hillis

Indiana Journal of Global Legal Studies

No abstract provided.


The Population Implosion Of The Developed World: Changing Attitudes Toward Immigration To Support Aging Societies, Leslie E. Schafer Oct 1998

The Population Implosion Of The Developed World: Changing Attitudes Toward Immigration To Support Aging Societies, Leslie E. Schafer

Indiana Journal of Global Legal Studies

No abstract provided.


Learning From Rwanda: Addressing The Global Institutional Stalemate In Refugee Crises, Leslie E. Schafer Oct 1998

Learning From Rwanda: Addressing The Global Institutional Stalemate In Refugee Crises, Leslie E. Schafer

Indiana Journal of Global Legal Studies

No abstract provided.


An Untapped Resource In Addressing Emerging Infectious Diseases: Traditional Healers, Amy Guerin Thompson Oct 1998

An Untapped Resource In Addressing Emerging Infectious Diseases: Traditional Healers, Amy Guerin Thompson

Indiana Journal of Global Legal Studies

No abstract provided.