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Articles 1 - 7 of 7
Full-Text Articles in Law
The Ethics Of Blawging: A Genre Analysis, Judy Cornett
The Ethics Of Blawging: A Genre Analysis, Judy Cornett
Scholarly Works
Lawyers are blogging. As of October 16, 2009, the website Blawg.com tracked 2,788 legal blogs ("blawgs"). Another blawg directory compiled 4,622 blawgs in 69 substantive categories. When lawyers communicate, by whatever medium, ethical dilemmas arise; when lawyers blog, ethical dilemmas arise that are unique to blogging. The most visible ethical debate inspired by this new genre is the issue of whether to treat a lawyer's blog as advertising. Surprisingly, given the popularity of blawging, there are few resources addressing the full range of its ethical ramifications. This Article applies genre theory to blawging in order to highlight certain characteristics of …
Death Of The Revolution: The Legal War On Competitive Broadband Technologies, John F. Blevins
Death Of The Revolution: The Legal War On Competitive Broadband Technologies, John F. Blevins
John F. Blevins
In this article, I examine the role that law has played in entrenching incumbents in the communications industry, with a particular focus on broadband services. Earlier this decade, several new “revolutionary” broadband technologies threatened to fundamentally disrupt industry structures. This revolution, however, never arrived. The reason, I argue, is that industry consolidation has helped transform law into a powerful and versatile entrenchment mechanism that has stifled these emerging competitive threats. Simply put, the sheer size superiorities enjoyed by today’s incumbent companies has created new and self-reinforcing opportunities to use law to entrench their market position. My focus, however, is not …
Fixing Foia: Pushing Congress To Amend Foia Section B(3) To Require Congress To Explicitly Indicate An Intent To Exempt Records From Foia In New Legislation, Catherine J. Cameron
Fixing Foia: Pushing Congress To Amend Foia Section B(3) To Require Congress To Explicitly Indicate An Intent To Exempt Records From Foia In New Legislation, Catherine J. Cameron
Catherine J Cameron
This article advocates for statutory reform to section b(3) of the federal Freedom of Information Act. Section b(3) is a broadly-written “catch all” provision that allows federal agencies to withhold records if there is some sort of “criteria” evident in another federal statute upon which the agency thinks Congress intended to close access to the records. An agency’s decision to withhold a record under a statute in which Congress was not clear or explicit -- either in the text of the statute or in the Congressional record -- that it’s intent was to close access to a particular type of …
Wobbling Back To The Fire: Economic Efficiency And The Creation Of A Retail Market For Set-Top Boxes, T. Randolph Beard, George S. Ford, Lawrence J. Spiwak, Michael Stern
Wobbling Back To The Fire: Economic Efficiency And The Creation Of A Retail Market For Set-Top Boxes, T. Randolph Beard, George S. Ford, Lawrence J. Spiwak, Michael Stern
GEORGE S FORD
Under Section 629 of the Communications Act, Congress directed the FCC to adopt regulations to promote a retail market for set-top boxes. The Commission’s first attempt was the ill-fated CableCard experiment, which—by the Commission’s own admission—was a dismal failure. In response, the Commission is now contemplating an aggressive new “AllVid” regime, whereby the agency would mandate multichannel video program distributors (“MVPDs”) to provide an adapter to serve as a “common interface for connection to televisions, DVRs, and other smart video devices.” Because the FCC is again proceeding without any formal economic analysis of the nature of the service-equipment relationship in …
The Need For Better Analysis Of High Capacity Services, George S. Ford, Lawrence J. Spiwak
The Need For Better Analysis Of High Capacity Services, George S. Ford, Lawrence J. Spiwak
GEORGE S FORD
In 1999, the Federal Communications Commission (“FCC”) began to grant incumbent local exchange carriers (“LECs”) pricing flexibility on special access services in some Metropolitan Statistical Areas (“MSAs”) when specific evidence of competitive alternatives is present. The propriety of that deregulatory move by the FCC has been criticized by the purchasers of such services ever since. Proponents of special access price regulation rely on three central arguments to support a retreat to strict price regulation: (1) the market(s) for special access and similar services is unduly concentrated; (2) rates of return on special access services, computed using FCC ARMIS data, are …
Website Proprietorship And Cyber Harassment, Nancy Kim
Website Proprietorship And Cyber Harassment, Nancy Kim
Nancy Kim
While harassment and bullying have always existed, when such behavior is conducted online, the consequences can be uniquely devastating. The anonymity of harassers, the ease of widespread digital dissemination, and the inability to contain and/or eliminate online information aggravate the nature of harassment on the Internet. Furthermore, Section 230 of the Communications Decency Act provides website sponsors with immunity for content posted by others and no incentive to remove offending content. Given the unique nature of cyber harassment, ex post punitive measures are inadequate to redress grievances. In this Article, I propose the imposition of proprietorship liability upon website sponsors …
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 …