Law Commons^™

Puzzling Stock Options And Compensation Norms, Saul Levmore

Coase-Sandor Institute for Law & Economics Research Paper Series

Why do so many executives and other employees receive fixed stock options as part of their compensation packages? There is an impressive literature on compensatory options, and yet it raises more puzzles than it solves. Tax law, option theory, and agency theory all suggest that we might have expected to find quite different practices than we do observe. In particular, there is a puzzle in the popularity of conventional fixed options when indexed options would seem to be relatively attractive. The solution or story offered here develops arguments about signaling, in the form of employees' disinclination to be seen as …

Privacy Versus The First Amendment: A Skeptical Approach, Solveig Singleton

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Title Page, North Carolina Law Review

North Carolina Law Review

No abstract provided.

The Puzzling Case Of The Revenue-Maximizing Lottery, Lawrence Zelenak

North Carolina Law Review

No abstract provided.

Museletter: December 2000/January 2001, Gail F. Zwirner

Museletter

Table of Contents:

Take Me to Your Leader: The Library's Administrative Staff by Deborah Barlett

How We Stack Up: The National Jurist Releases Law School Library Rankings

At the Movies: Men of Honor by Gail Zwirner

Under Construction

There's a Nip in the Air: Nip Computer Problems with Preventative Maintenance by Kim Wiseman

Library Hours

The Art Of Writing Good Regulations, Harold W. Furchtgott-Roth

Federal Communications Law Journal

In this introduction to the three pieces that follow, Commissioner Harold Furchtgott-Roth proposes his view that the regulation-drafting process relies more on art than science. The Commissioner sets out a four-category sliding scale to evaluate regulations, and lists the most frequently noted problems with FCC-promulgated rules.

The Fcc’S Implementation Of The 1996 Act: Agency Litigation Strategies And Delay, Rebecca Beynon

Federal Communications Law Journal

Since it began promulgating rules to implement the local competition provisions of the Telecommunications Act of 1996, the FCC has been under attack in the courts. The road has been a rough one, and the Commission has lost on a good many issues. The Commission has regularly accused its opponents in these legal battles-chiefly the incumbent local exchange carriers-of using litigation to impede the implementation of the 1996 Act’s local competition provisions. As discussed in this Article, if litigation has in fact slowed the introduction of competition in the local exchange markets, the Commission itself must share some of the …

The Fcc’S Financial Qualification Requirements: Economic Evaluation Of A Barrier To Entry For Minority Broadcasters, Yale M. Braunstein

Federal Communications Law Journal

When analyzing issues surrounding minority ownership of media, scholars have often noted that policy discussions in the area suffer from the linked problems of inadequate data and a lack of tools with which to analyze the data that do exist and might be collected. In Issue Three of Volume 51, several authors made this particular observation. To address this problem, This Article shows how one may use economic analysis and a financial model of a "typical" radio broadcaster to quantify the effects of specific policies. Specifically, the Article focuses on barriers to entry imposed by the FCC’s financial qualification requirements …

The Rights Of Common Carriers And The Decision Whether To Be A Common Carrier Or A Non-Regulated Communications Provider, James H. Lister

Federal Communications Law Journal

The decision whether to be a regulated common carrier or a non-regulated communications provider carries with it numerous benefits and burdens that must be weighed. Although one may automatically assume that non-regulation is preferable, that may not always be the case. This Article directly addresses the decision of whether to be a lightly-regulated non-dominant common carrier or a non-regulated private carrier. The Article argues that certain statutory and regulatory rights enjoyed by common carriers are more important than the minimal regulatory burdens associated with non-dominant common carrier regulation.

Universal Service High-Cost Subsidy Reform: Hindering Cable-Telephony And Other Technological Advancements In Rural And Insular Regions, Emily L. Dawson

Federal Communications Law Journal

Universal service is a public policy initiative designed to ensure that all United States citizens receive widespread access to affordable telecommunications services. Customers in high-cost service regions such as rural and insular areas are typically excluded from the latest telecommunications technology. Most large carriers serving these regions prefer to implement technological updates in urban areas where profit margins are higher while allowing the rural infrastructure to deteriorate. The Federal Universal Service Fund currently offers subsidies to telecommunications providers serving high-cost regions, but the FCC has announced efforts to reform the subsidy allocation system that could potentially impede technological advancement in …

Communications Media And The First Amendment: A Viewpoint-Neutral Fcc Is Not Too Much To Ask For, Helgi Walker

Federal Communications Law Journal

In the "new economy" driven by the telecommunications industry, the FCC is a busy agency. Given the myriad legal issues faced daily by agency decisionmakers and the lack of perfect clarity in major communications legislation, a few legal missteps here and there by the FCC might be expected. In one area, however, the public can and should demand a first-rate agency record: regulation of communications media without regard to the viewpoint expressed via that media, as the First Amendment requires. This Article offers two case studies in which the FCC arguably took viewpoint-discriminatory actions with regard to regulated broadcasters, and …

The Fcc And Section 312(A)(7) Of The Communications Act Of 1934: The Development Of The “Unreasonable Access” Clause, Philip J. Gutwein Ii

Federal Communications Law Journal

Section 312(a)(7) of the Communications Act of 1934 requires that broadcast stations provide legally qualified candidates for federal elective office with reasonable access to advertising time on behalf of their candidacies. The FCC has long struggled with defining "reasonable access." On September 7, 1999, the FCC issued a Memorandum Opinion and Order in which it ruled that broadcast stations may not refuse a request for political advertising time solely because the station does not sell or program such lengths of time. This ruling came in response to a petition for reconsideration of an October 3, 1994 Declaratory Ruling, filed by …

Too Much Power, Too Little Restraint: How The Fcc Expands Its Reach Through Unenforceable And Unwieldy “Voluntary” Agreements, Bryan N. Tramont

Federal Communications Law Journal

The character of a regulatory agency is most severely tested at the zenith of its power. When the Federal Communications Commission ("FCC" or "Commission") breaks free of the limitations imposed by the law, the Commission’s leadership sets its own course. It is at these times, when legal oversight is at a minimum, that it becomes most important for the agency to "pay more attention to justice." Unfortunately, as outlined in this Article, the FCC has often failed this test of institutional character. In at least three contexts, the Commission has proven to be something less than a benevolent master. In …

Chasing Shadows: The Human Face Behind The Cyber Threat, Jim Chirsty

Federal Communications Law Journal

Book Review: Tangled Web: Tales of Digital Crime From the Shadows of Cyberspace, Richard Power, Que, 2000, 450 pages.

Richard Power’s Tangled Web: Tales of Digital Crime from the Shadows of Cyberspace presents a comprehensive account of computer crime. The book unveils and explores in meticulous detail the nature and scope, and—more importantly—the tremendous potential that common criminals, terrorists, and nation-states now have at their fingertips. This Review describes Tangled Web as a must-read for all cyber cops, prosecutors, and information technology heads and policy-makers.

Masthead Vol.53 No.1 (2000)

Federal Communications Law Journal

No abstract provided.

Editor's Note, Robyn M. Holtzman

Federal Communications Law Journal

No abstract provided.

Purveyors Of Hate On The Internet: Are We Ready For Hate Spam?, Elizabeth Phillips Marsh

Georgia State University Law Review

No abstract provided.

Chipping Away At The Boundaries Of Privacy: Intel's Pentium Iii Processor Serial Number And The Erosion Of Fourth Amendment Privacy Expectations, George M. Dery Iii, James R. Fox

Georgia State University Law Review

No abstract provided.

Tacking On Money Laundering Charges To White Collar Crimes: What Did Congress Intend, And What Are The Courts Doing?, Teresa E. Adams

Georgia State University Law Review

No abstract provided.

Land Use Planning: Home Rule Vs. Regional Impact, Joel Cowan

Georgia State University Law Review

No abstract provided.

Georgia State's Role In Revitalizing Downtown Atlanta, Carl Patton

Georgia State University Law Review

No abstract provided.

Is Too Much Privacy Bad For Your Health? An Introduction To The Law, Ethics, And Hipaa Rule On Medical Privacy, Charity Scott

Georgia State University Law Review

No abstract provided.

Has Habeas Corpus Been Suspended In Georgia? Representing Indigent Prisoners On Georgia's Death Row, Jill Wasserman

Georgia State University Law Review

No abstract provided.

Advocate For A Modern Devil: Can Sprawl Be Defended?, Amy Helling

Georgia State University Law Review

No abstract provided.

Damned If You Do, Damned If You Don't? Employers' Challenges In Conducting Sexual Harassment Investigations, Kim S. Ruark

Georgia State University Law Review

No abstract provided.

Smart Governance For Smart Growth: The Need For Regional Governments, Janice C. Griffith

Georgia State University Law Review

No abstract provided.

Smart Growth Micro-Incentives And The Tree-Cut Tax Case, William Buzbee

Georgia State University Law Review

No abstract provided.

Helping Those Who Help Themselves: The Fourth Circuit's Treatment Of Agreements To Arbitrate Statutory Employment Discrimination Claims In Brown V. Abf Freight Systems, Inc. And Eeoc V. Waffle House, Inc., John E. Taylor

North Carolina Law Review

No abstract provided.

The Court's Use Of The Implicit Divestiture Doctrine To Implement Its Imperfect Notion Of Federalism In Indian Country, Alex Tallchief Skibine

Tulsa Law Review

No abstract provided.

Full Faith And Credit: Are Oklahoma Tribal Courts Finally Getting The Respect They Deserve , Shelly Grunsted, Joseph H. Webster

Tulsa Law Review

No abstract provided.