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Full-Text Articles in Law
The Common Law In Cyberspace, Tom W. Bell
The Common Law In Cyberspace, Tom W. Bell
Michigan Law Review
Wrong in interesting ways, counts for high praise among academics. Peter Huber's stirring new book, Law and Disorder in Cyberspace, certainly merits acclaim by that standard. The very subtitle of the book, Abolish the FCC and Let Common Law Rule the Telecosm, announces the daring arguments to follow. A book so bold could hardly fail to make some stimulating errors, the most provocative of which this review discusses. Thanks to his willingness to challenge musty doctrines of telecommunications law and policy, moreover, Huber gets a great deal right. Law and Disorder in Cyberspace argues at length that the Federal Communications …
A New Economic Theory Of Regulation: Rent Extraction Rather Than Rent Creation, Douglas Ginsburg
A New Economic Theory Of Regulation: Rent Extraction Rather Than Rent Creation, Douglas Ginsburg
Michigan Law Review
Once upon a time, people believed that the government regulated various indus tries in "the public interest." The idea was that certain conditions, such as "natural monopoly" or the ability to externalize significant costs, caus ed markets to fail and governments to step in to correct that failure. Econmnic regulation predicated upon market failure can be dated conveniently to the Interstate Commerce Act of 1887, in which the Congress established the Inters tate Commerce Commission to regulate railroads in the interests of shippers, principally farmers and small businesses. The legal notion of "affectation with the public interest" dates back much …
The Content Of Our Characterizations, Paulette M. Cladwell
The Content Of Our Characterizations, Paulette M. Cladwell
Michigan Journal of Race and Law
This essay suggests both further amplification of Yamamoto's guidelines for critical race praxis and, more importantly, recommends their application to the analysis and development of progressive race theory itself.