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- Internet (3)
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Articles 1 - 22 of 22
Full-Text Articles in Law
The Convergence Of Broadcasting And Telephony: Legal And Regulatory Implications, Christopher S. Yoo
The Convergence Of Broadcasting And Telephony: Legal And Regulatory Implications, Christopher S. Yoo
All Faculty Scholarship
This article, written for the inaugural issue of a new journal, analyzes the extent to which the convergence of broadcasting and telephony induced by the digitization of communications technologies is forcing policymakers to rethink their basic approach to regulating these industries. Now that voice and video are becoming available through every transmission technology, policymakers can no longer define the scope of regulatory obligations in terms of the mode of transmission. In addition, jurisdictions that employ separate agencies to regulate broadcasting and telephony must reform their institutional structures to bring both within the ambit of a single regulatory agency. The emergence …
Judging Journalism: The Turn Toward Privacy And Judicial Regulation Of The Press, Amy Gajda
Judging Journalism: The Turn Toward Privacy And Judicial Regulation Of The Press, Amy Gajda
Faculty Scholarship
No abstract provided.
‘Right Of Selfishness’ Vis-À-Vis Media Pluralism In The Us And In Europe: The Crucial Role Of Broadcasting At The Verge Of Private Enterprise And Public Trusteeship, Niels Lutzhoeft
Cornell Law School Inter-University Graduate Student Conference Papers
Few areas of law raise the question as to the delimitation of the public vis-à-vis the private sphere as forcefully as broadcasting does. And few businesses display the dual nature inherent in nature radio and TV broadcasting: economic versus cultural good. In Continental Europe, until the 1980s, broadcasting was subject to State monopolies that ought to ensure media pluralism. Likewise, the U.S. Supreme Court, embracing a scarcity rationale, qualified the First Amendment in the realm of broadcasting primarily as a right of the listeners and viewers to receive a wide array of information and opinions. In Red Lion, the Court …
Comments Of 71 Concerned Economists: Using Procurement Auctions To Allocate Broadband Stimulus Grants, Jonathan Baker, William Baumol, Kenneth Arrow, Susan Athey, Coleman Bazelon, Timothy Brennan, Timothy Bresnahan, Jeremy Bulow, Yeon-Koo Che, Peter Cramton, Daniel Ackerberg, James Alleman, Gregory Crawford, Peter Demarzo, Gerald Faulhaber, Jeremy Fox, Ian Gale, Jacob Goeree, Brent Goldfarb, Shane Greenstein, Robert Hahn, Robert Hall, Ward Hanson, Barry Harris, Robert Harris, Janice Hauge, Jerry Hausman, Thomas Hazlett, Kenneth Hendricks, Heather Hudson, Mark Jamison, John Kagel, Alfred Kahn, Ilan Kremer, Vijay Krishna, William Lehr, Thomas Lenard, Jonathan Levin, Yuanchuan Lien, John Mayo, David Mcadams, Paul Milgrom, Roger Noll, Bruce Owen, Charles Plott, Robert Porter, Philip Reny, Michael Riordan, David Salant, Scott Savage, William Samuelson, Richard Schmalensee, Marius Schwartz, Andrzej Skrzypacz, Vernon Smith, Daniel Vincent, Joel Waldfogel, Scott Wallsten, Robert Weber, Bradley Wimmer, Glenn Woroch, Lixin Ye, John Hayes, Gregory Rosston
Comments Of 71 Concerned Economists: Using Procurement Auctions To Allocate Broadband Stimulus Grants, Jonathan Baker, William Baumol, Kenneth Arrow, Susan Athey, Coleman Bazelon, Timothy Brennan, Timothy Bresnahan, Jeremy Bulow, Yeon-Koo Che, Peter Cramton, Daniel Ackerberg, James Alleman, Gregory Crawford, Peter Demarzo, Gerald Faulhaber, Jeremy Fox, Ian Gale, Jacob Goeree, Brent Goldfarb, Shane Greenstein, Robert Hahn, Robert Hall, Ward Hanson, Barry Harris, Robert Harris, Janice Hauge, Jerry Hausman, Thomas Hazlett, Kenneth Hendricks, Heather Hudson, Mark Jamison, John Kagel, Alfred Kahn, Ilan Kremer, Vijay Krishna, William Lehr, Thomas Lenard, Jonathan Levin, Yuanchuan Lien, John Mayo, David Mcadams, Paul Milgrom, Roger Noll, Bruce Owen, Charles Plott, Robert Porter, Philip Reny, Michael Riordan, David Salant, Scott Savage, William Samuelson, Richard Schmalensee, Marius Schwartz, Andrzej Skrzypacz, Vernon Smith, Daniel Vincent, Joel Waldfogel, Scott Wallsten, Robert Weber, Bradley Wimmer, Glenn Woroch, Lixin Ye, John Hayes, Gregory Rosston
Congressional and Other Testimony
The signatories to this document are economists who have studied telecommunications, auctions, and competition policy. While we may disagree about the stimulus package, we believe that it is important to implement mechanisms that make stimulus spending as efficient as possible. To that end, we have come together to encourage the National Telecommunications Information Agency (NTIA) and Rural Utilities Service (RUS) to adopt auction mechanisms to allocate broadband stimulus grants.The broadband stimulus NOI asks which mechanisms NTIA and RUS should use to distribute grants and how those mechanisms address shortcomings in traditional grant and loan programs. In this note we explain …
Whither Newspapers? Wither Newspapers?, Eric Easton
Whither Newspapers? Wither Newspapers?, Eric Easton
All Faculty Scholarship
No abstract provided.
The Ginsburg Group: Technology: How To Stay Out Of Court, Jennifer Ballard, Lee Maglinger, Alisha Orosz, Mandy Skinner, Kevin Thomas
The Ginsburg Group: Technology: How To Stay Out Of Court, Jennifer Ballard, Lee Maglinger, Alisha Orosz, Mandy Skinner, Kevin Thomas
Parameters of Law in Student Affairs and Higher Education (CNS 670)
For professionals in higher education, it is our responsibility to stay on top of the ever changing landscape of technology at our colleges and universities. In order to provide the best and most convenient services, it is our objective to continue to expand the walls of higher education into the global boundaries of technology. For the purpose of this paper, the Ginsburg Group has focused on five different areas regarding the use of technology. In these areas, the information provided is our thoughts and best advice in how institutions of higher learning can avoid the courtroom. The following pages will …
Network Neutrality After Comcast: Toward A Case-By-Case Approach To Reasonable Network Management, Christopher S. Yoo
Network Neutrality After Comcast: Toward A Case-By-Case Approach To Reasonable Network Management, Christopher S. Yoo
All Faculty Scholarship
The Federal Communications Commission’s recent Comcast decision has rejected categorical, ex ante restrictions on Internet providers’ ability to manage their networks in favor of a more flexible approach that examines each dispute on a case-by-case basis, as I have long advocated. This book chapter, written for a conference held in February 2009, discusses the considerations that a case-by-case approach should take into account. First, allowing the network to evolve will promote innovation by allowing the emergence of applications that depend on a fundamentally different network architecture. Indeed, as the universe of Internet users and applications becomes more heterogeneous, it is …
Viewpoint Diversity And Media Consolidation: An Empirical Study, Daniel E. Ho, Kevin M. Quinn
Viewpoint Diversity And Media Consolidation: An Empirical Study, Daniel E. Ho, Kevin M. Quinn
Faculty Articles
One of the central predicates of legal regulation of media ownership is that ownership consolidation reduces substantive viewpoint diversity. Appellate courts and, in turn, the Federal Communications Commission have increasingly demanded evidence for this convergence hypothesis, but extant empirical measures of viewpoint diversity sidestep the problem, ignoring diversity, viewpoints, or both. Our Article develops and offers a finely tuned, time-varying statistical measure of editorial viewpoint diversity, based on a new database of over 1600 editorial positions in twenty-five top newspapers from 1988-2004. Using this new measure, we assess the validity of the convergence hypothesis by examining the evolution of editorial …
The Phases And Faces Of The Duke Lacrosse Controversy: A Conversation, Angela J. Davis, James E. Coleman Jr, Michael Gerhardt, K.C. Johnson
The Phases And Faces Of The Duke Lacrosse Controversy: A Conversation, Angela J. Davis, James E. Coleman Jr, Michael Gerhardt, K.C. Johnson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Toward A Broadband Public Interest Standard, Anthony E. Varona
Toward A Broadband Public Interest Standard, Anthony E. Varona
Articles in Law Reviews & Other Academic Journals
Although they emerged seven decades apart, commercial broadcasting and the Internet were greeted with similar excited declarations of their potential to transform American democracy by hosting an electronic free marketplace of ideas that would inform and enlighten citizens and catalyze discussion on issues of public importance. The federal government played a central role in the initial development and proliferation of both technologies, but then assumed very different regulatory orientations to the two industries once they were commercialized. In broadcasting, the government took on an interventionist posture promoting civic republican First Amendment values by means of a variety of public interest …
Inter-American System, Claudia Martin
Inter-American System, Claudia Martin
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Toward A Broadband Public Interest Standard, Anthony E. Varona
Toward A Broadband Public Interest Standard, Anthony E. Varona
Articles
No abstract provided.
Lessons Learned From The Spectrum Wars: Views On The United States Effort Going Into And Coming Out Of A World Radiocommunication Conference, Donna Coleman Gregg
Lessons Learned From The Spectrum Wars: Views On The United States Effort Going Into And Coming Out Of A World Radiocommunication Conference, Donna Coleman Gregg
Scholarly Articles
No abstract provided.
Institutional Design, Fcc Reform, And The Hidden Side Of The Administrative State, Philip J. Weiser
Institutional Design, Fcc Reform, And The Hidden Side Of The Administrative State, Philip J. Weiser
Publications
Legal scholars have long recognized the importance of the modern administrative state, focusing intently both on the substance of regulatory law and the process of administrative law. Neither focus, however, recognizes the importance of institutional design and institutional processes as determinants of the nature and shape of administrative regulation. The era of neglect towards institutional analysis by both scholars and policymakers may well be on its last legs, as it is increasingly clear that the institutional processes used by regulatory agencies - including when to act by rulemaking as opposed to by adjudication, how to engage the public, and how …
The Future Of Internet Regulation, Philip J. Weiser
The Future Of Internet Regulation, Philip J. Weiser
Publications
Policymakers are at a precipice with regard to Internet regulation. The Federal Communications Commission's ("FCC") self-styled adjudication of a complaint that Comcast violated the agency's Internet policy principles (requiring reasonable network management, among other things) clarified that the era of the non-regulation of the Internet is over. Equally clear is that the agency has yet to develop a model of regulation for a new era. As explained in this Article, the old models of regulation - reliance on command-and-control regulation or market forces subject only to antitrust law - are doomed to fail in a dynamic environment where cooperation is …
What Screen Do You Have In Mind? Contesting The Visual Context Of Law And Film Studies, Richard K. Sherwin
What Screen Do You Have In Mind? Contesting The Visual Context Of Law And Film Studies, Richard K. Sherwin
Articles & Chapters
Law on the screen gives rise to a distinct way of doing jurisprudence. In this sense, it is incumbent upon legal scholars to discern with great care the kind of reality and the way of being that cinematic and electronic screens invite us to assume. Jurisprudence theorizes law in accordance with the cultural and cognitive meaning making tools at its disposal: story frames, character types, social scenarios, metaphors, as well as cultural and socially embedded or constructed emotional patterns, among other narratival and purely sensational elements. Law and film studies thus may be viewed as encompassing a larger concern with …
Extraterritorial Electioneering And The Globalization Of American Elections, Zephyr Teachout
Extraterritorial Electioneering And The Globalization Of American Elections, Zephyr Teachout
Faculty Scholarship
This Essay explores a fascinating new truth: because of the Internet, governments, corporations, and citizens of other countries can now meaningfully participate in United States elections. They can phone bank, editorialize, and organize in ways that impact a candidate's image, the narrative structure of a campaign, and the mobilization of base support. Foreign governments can bankroll newspapers that will be read by millions of voters. Foreign companies can enlist employees in massive cross-continental email campaigns. Foreign activists can set up offline meetings and organize door-to-door campaigns in central Ohio. They can, in short, influence who wins and who loses. Depending …
Roasting The Pig To Burn Down The House: A Modest Proposal, Stuart M. Benjamin
Roasting The Pig To Burn Down The House: A Modest Proposal, Stuart M. Benjamin
Faculty Scholarship
This essay addresses the question whether one should support regulatory proposals that one believes are, standing alone, bad public policy in the hope that they will do such harm that they will ultimately produce (likely unintended) good results. For instance, one may regard a set of proposed regulations as foolish and likely to hobble the industry regulated, but perhaps desirable if one believes that we would be better off without that industry. I argue that television broadcasting is such an industry, and thus that we should support new regulations that will make broadcasting unprofitable, to hasten its demise. But it …
Media Subpoenas: Impact, Perception, And Legal Protection In The Changing World Of American Journalism, Ronnell Andersen Jones
Media Subpoenas: Impact, Perception, And Legal Protection In The Changing World Of American Journalism, Ronnell Andersen Jones
Faculty Scholarship
Forty years ago, at a time when the media were experiencing enormous professional change and a surge of subpoena activity, First Amendment scholar Vincent Blasi investigated the perceptions of members of the press and the impact of subpoenas within American newsrooms in a study that quickly came to be regarded as a watershed in media law. That empirical information is now a full generation old, and American journalism faces a new critical moment. The traditional press once again finds itself facing a surge of subpoenas and once again finds itself at a time of intense change—albeit on a different trajectory—as …
Campaign Finance Regulation: The Resilience Of The American Model, William Araiza
Campaign Finance Regulation: The Resilience Of The American Model, William Araiza
Faculty Scholarship
No abstract provided.
Linkline's Institutional Suspicions, Daniel A. Crane
Linkline's Institutional Suspicions, Daniel A. Crane
Articles
Antitrust scholars are having fun again. Not so long ago, they were the poor, redheaded stepchildren of the legal academy, either pining for the older days of rigorous antitrust enforcement or trying to kill off what was left of the enterprise. Other law professors felt sorry for them, ignored them, or both. But now antitrust is making a comeback of sorts. In one heady week in May of 2009, a front-page story in the New York Times reported the dramatic decision of Christine Varney-the Obama Administration's new Antitrust Division head at the Department of Justice-to jettison the entire report on …
Federal Regulation Of Fios And Lightspeed: A Tale Of Two Jurisdictional Dilemmas, Michael Botein
Federal Regulation Of Fios And Lightspeed: A Tale Of Two Jurisdictional Dilemmas, Michael Botein
Articles & Chapters
No abstract provided.