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Full-Text Articles in Law

Competition Versus Regulation: "Mediating Between Right And Right'* In The Wireless And Wireline Telephone Industries, Benjamin Douglas Arden Dec 2004

Competition Versus Regulation: "Mediating Between Right And Right'* In The Wireless And Wireline Telephone Industries, Benjamin Douglas Arden

Federal Communications Law Journal

The wireline telephone industry in the United States is the most complete and sophisticated system in the world, built under 100 years of strict government regulation. While the wireline telephone industry was built under a scheme emphasizing regulatory control, the infancy of the wireless telephone industry has been subject to increasing deregulation and reliance on free market forces to guide the industry's development. It has been suggested that this shift in policy reflects the acknowledged failure of strict government regulation. This Note argues that the shift in regulatory policy reflects a difference in circumstances between the development of the wireless …


Deregulating Telecommunications In Internet Time, James B. Speta Jun 2004

Deregulating Telecommunications In Internet Time, James B. Speta

Washington and Lee Law Review

The Telecommunications Act of 1996 has yielded more litigation and less local competition than its supporters expected or intended. Calls for its reform are multiplying. In this Article, Professor Septa diagnoses the 1996 Act's failings and prescribes a framework for reform. The successful deregulations of the transportation industries and of long-distance telecommunications (precedents the 1996 Act sought to follow) demonstrate that the Act should have taken additional steps to promote intermodal telecommunications competition. Transportation deregulation successfully prompted competition where (as in the case of airlines and trucking) multiple firms could compete on an intramodal basis or where (as in the …


Inverting Choice Of Law In The Wired Universe: Thermodynamics, Mass, And Energy, Steven Ferrey Apr 2004

Inverting Choice Of Law In The Wired Universe: Thermodynamics, Mass, And Energy, Steven Ferrey

William & Mary Law Review

No abstract provided.


The Broadband Debate, A User's Guide, Tim Wu Jan 2004

The Broadband Debate, A User's Guide, Tim Wu

Faculty Scholarship

Back in the 1990s, Internet communications policy was easier. It was easy to agree that the network's growth ought not be impended by excessive government regulation. It was easy to hope that the Internet would solve all of its own problems. Yet it turned out that the success of the network was hiding strong differences of opinion. Today, the euphoria is gone, and the divide in Internet communications policy has become clear and unmistakable. It most clearly a divide between two distinct groups: the self-proclaimed "Openists" and "Deregulationists."

This divide will do much to inform the reform of the Telecommunications …


Let Them Rent Cake: George Pataki, Market Ideology, And The Attempt To Dismantle Rent Regulation In New York, Craig Gurian Jan 2004

Let Them Rent Cake: George Pataki, Market Ideology, And The Attempt To Dismantle Rent Regulation In New York, Craig Gurian

Fordham Urban Law Journal

This article examines the ideological and political struggle over rent regulation that was waged by rent regulation opponents in the Spring of 1997. Part I traces the debate as it unfolded in 1997, including the role of legislative leaders, the governor, the press, and anti-regulation advocates. It focuses on the assumptions about the market shared by the various anti-regulation protagonists, and on the factors starkly omitted from their analyses. Part II sets forth the results of the debate, examining the provisions and consequences of the "Rent Regulation Reform Act of 1997," including the legislation passed in 2003 to extend rent …