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2010

Maurer School of Law: Indiana University

Journal

Articles 1 - 30 of 108

Full-Text Articles in Law

The Challenge Of Developing Effective Public Policy On The Use Of Social Media By Youth, John Palfrey Dec 2010

The Challenge Of Developing Effective Public Policy On The Use Of Social Media By Youth, John Palfrey

Federal Communications Law Journal

Symposium: Essays from Time Warner Cable's Research Program on Digital Communications.


Introduction To Essays On The Future Of Digital Communications, Ferando R. Laguarda Dec 2010

Introduction To Essays On The Future Of Digital Communications, Ferando R. Laguarda

Federal Communications Law Journal

Symposium: The Future of Digital Communications: Essays from Time Warner Cable's Research Program on Digital Communications.


The Future Of Digital Communications Research And Policy, Scott Wallsten Dec 2010

The Future Of Digital Communications Research And Policy, Scott Wallsten

Federal Communications Law Journal

Symposium: Essays from Time Warner Cable's Research Program on Digital Communications.


The Changing Patterns Of Internet Usage, Christopher S. Yoo Dec 2010

The Changing Patterns Of Internet Usage, Christopher S. Yoo

Federal Communications Law Journal

Symposium: Essays from Time Warner Cable's Research Program on Digital Communications.


Revisiting The Regulatory Status Of Broadband Internet Access: A Policy Framework For Net Neutrality And An Open Competitive Internet, Lee L. Selwyn, Helen E. Golding Dec 2010

Revisiting The Regulatory Status Of Broadband Internet Access: A Policy Framework For Net Neutrality And An Open Competitive Internet, Lee L. Selwyn, Helen E. Golding

Federal Communications Law Journal

A decade of broadband access deregulation has landed the FCC at a legal deadend. After the D.C. Circuit's Comcast decision, the FCC finds itself unable to enforce its "net neutrality" goals. To reassert its jurisdiction over "net neutrality," the FCC proposes to reclassify broadband Internet access as a Title II "telecommunications service" while continuing to forbear from most other facets of common carrier regulation. The FCC's current dilemma results from an unfortunate combination of unverified predictive judgments associating deregulation with investment; overly optimistic assessments of competition in the consumer broadband market; the abandonment of the "bright line" between transmission and …


The Challenge Of Increasing Civic Engagement In The Digital Age, Nicol Turner-Lee Dec 2010

The Challenge Of Increasing Civic Engagement In The Digital Age, Nicol Turner-Lee

Federal Communications Law Journal

Symposium: Essays from Time Warner Cable's Research Program on Digital Communications.


The Challenge Of Increasing Broadband Capacity, Dale N. Hatfield Dec 2010

The Challenge Of Increasing Broadband Capacity, Dale N. Hatfield

Federal Communications Law Journal

Symposium: Essays from Time Warner Cable's Research Program on Digital Communications.


Editor's Note, Ann E. O'Connor Dec 2010

Editor's Note, Ann E. O'Connor

Federal Communications Law Journal

No abstract provided.


Pacifica Reconsidered: Implications For The Current Controversy Over Broadcast Indecency, Angela J. Campbell Dec 2010

Pacifica Reconsidered: Implications For The Current Controversy Over Broadcast Indecency, Angela J. Campbell

Federal Communications Law Journal

In 2009, the Supreme Court upheld the FCC's finding in Fox TV Stations v. Federal Communications Commission that the broadcast of "fleeting expletives" violated a federal law prohibiting the broadcast of indecency, but remanded the case for consideration of the broadcast networks' claims that the FCC action violated the First Amendment. On remand, the Second Circuit found that the FCC's prohibition against "fleeting expletives" was unconstitutionally vague. It is widely expected that the Supreme Court will review this decision and that the networks will ask the Court to reconsider its 1978 decision in Pacifica Foundation v. Federal Communications Commission. This …


Deliberative Democracy On The Air: Reinvigorate Localism-Resuscitate Radio's Subversive Past, Akilah N. Folami Dec 2010

Deliberative Democracy On The Air: Reinvigorate Localism-Resuscitate Radio's Subversive Past, Akilah N. Folami

Federal Communications Law Journal

There has been considerable scholarship exploring the need to breathe deliberative life back into the localism standard by requiring broadcasters to include more meaningful local news and public affairs programming, pursuant to the public interest obligations imposed on radio licensees. There has been little scholarly attention, if any, however given to broadening understandings of localism to include music and popular cultural expression for the purpose of furthering deliberative discourse in particular, rather than solely for entertainment purposes. This Article focuses on a particular moment in radio and America's cultural history that was rife with struggles over constructions of identity, and …


Masthead Vol.63 No.1 (2010) Dec 2010

Masthead Vol.63 No.1 (2010)

Federal Communications Law Journal

No abstract provided.


Combating Cyberbullying: Emphasizing Education Over Criminalization, Jessica P. Meredith Dec 2010

Combating Cyberbullying: Emphasizing Education Over Criminalization, Jessica P. Meredith

Federal Communications Law Journal

The advent of new technologies such as social media websites like MySpace and Facebook have increased the methods through which bullying takes form and causes harm to children and teenagers. As the public has become more aware of the dangers of this new form of bullying, cyberbullying, legislators have responded by proposing legislation to criminalize this type of behavior with varying degrees of success. This Note explains the problem of cyberbullying and evaluates state and federal legislative efforts to combat the issue through criminalization, then argues that prevention through education will be the most effective solution. Unlike criminalization, educational initiatives …


From One [Expletive] Policy To The Next: The Fcc's Regulation Of "Fleeting Expletives" And The Supreme Court's Response, Brandon J. Almas Dec 2010

From One [Expletive] Policy To The Next: The Fcc's Regulation Of "Fleeting Expletives" And The Supreme Court's Response, Brandon J. Almas

Federal Communications Law Journal

After the broadcast of the 2003 Golden Globe Awards, during which the lead singer from U2 uttered an expletive on national television, the FCC revisited its prior policy on the use of expletives on the airwaves and declared, for the first time, that "fleeting expletives" are offensive according to community standards and are therefore finable. In a lawsuit filed in the Second Circuit Court of Appeals, Fox Television Stations, Inc. along with a number of other broadcasters argued that the FCC's new policy was arbitrary and capricious under the Administrative Procedure Act and unconstitutional under the First Amendment. The Second …


Examining The Fcc's Indecency Regulations In Light Of Today's Technology, Elizabeth H. Steele Dec 2010

Examining The Fcc's Indecency Regulations In Light Of Today's Technology, Elizabeth H. Steele

Federal Communications Law Journal

Indecency regulations promulgated by the FCC used to be effective, but today's technological advances call those regulations into question. With the prevalence of digital video recorders and the availability of television shows on the Internet, children have unprecedented access to material broadcast at all times of day. As a result, the "safe harbor" rationale restricting the broadcast of indecent material no longer makes sense. A move toward deregulation is the most logical step to take, as it would prevent any First Amendment violations and would allow the networks freedom to broadcast material that the public may be interested in without …


The Devil Is In The Lack Of Details, Ann M. Killenbeck Oct 2010

The Devil Is In The Lack Of Details, Ann M. Killenbeck

Indiana Law Journal

No abstract provided.


On Disguises, Tokens, And Affirmative Action Policies, Mark Strasser Oct 2010

On Disguises, Tokens, And Affirmative Action Policies, Mark Strasser

Indiana Law Journal

No abstract provided.


Piercing The Brilliant Veil: Two Stories Of American Racism, Deborah Jones Merritt Oct 2010

Piercing The Brilliant Veil: Two Stories Of American Racism, Deborah Jones Merritt

Indiana Law Journal

No abstract provided.


The Associated Dangers Of "Brilliant Disguises," Color-Blind Constitutionalism, And Postracial Rhetoric, André Douglas Pond Cummings Oct 2010

The Associated Dangers Of "Brilliant Disguises," Color-Blind Constitutionalism, And Postracial Rhetoric, André Douglas Pond Cummings

Indiana Law Journal

No abstract provided.


Semiotics 101: Taking The Printed Matter Doctrine Seriously, Kevin Emerson Collins Oct 2010

Semiotics 101: Taking The Printed Matter Doctrine Seriously, Kevin Emerson Collins

Indiana Law Journal

The printed matter doctrine is a branch of the section 101 doctrine of patent eligibility that, among other things, prevents the patenting of technical texts and diagrams. The contemporary formulation of the doctrine is highly problematic. It borders on incoherency in many of its applications, and it lacks any recognized grounding in the Patent Act. Yet, despite its shortcomings, courts have not abandoned the printed matter doctrine, likely because the core applications of the doctrine place limits on the reach of the patent regime that are widely viewed as both intuitively "'correct" and normatively desirable. Instead of abandoning the doctrine, …


Facial Challenges And Separation Of Powers, Luke Meier Oct 2010

Facial Challenges And Separation Of Powers, Luke Meier

Indiana Law Journal

No abstract provided.


Civil Judicial Subsidy, Brendan S. Maher Oct 2010

Civil Judicial Subsidy, Brendan S. Maher

Indiana Law Journal

No abstract provided.


Keep Off The Grass!: An Alternative Approach To The Gun Control Debate, Lance Lindeen Oct 2010

Keep Off The Grass!: An Alternative Approach To The Gun Control Debate, Lance Lindeen

Indiana Law Journal

No abstract provided.


Brilliant Disguise: An Empirical Analysis Of A Social Experiment Banning Affirmative Action, Deirdre M. Bowen Oct 2010

Brilliant Disguise: An Empirical Analysis Of A Social Experiment Banning Affirmative Action, Deirdre M. Bowen

Indiana Law Journal

No abstract provided.


Entitled To Be Heard: Improving Evidence-Based Policy Making Through Audience And Public Reason, Will Rhee Oct 2010

Entitled To Be Heard: Improving Evidence-Based Policy Making Through Audience And Public Reason, Will Rhee

Indiana Law Journal

No abstract provided.


Frames Of Injustice: The Bias We Overlook, Adam Benforado Oct 2010

Frames Of Injustice: The Bias We Overlook, Adam Benforado

Indiana Law Journal

The Cultural Cognition Project (CCP) at Yale Law School and the Project on Law and Mind Sciences (PLMS) at Harvard Law School draw on similar research and share a similar goal of uncovering the dynamics that shape risk perceptions, policy beliefs, and attributions underlying our laws and legal theories. Nonetheless, the projects have failed to engage one another in a substantial way. This Article attempts to bridge that gap by demonstrating how the approach taken by PLMS scholars can crucially enrich CCP scholarship. As a demonstration, this Article engages the case of Scott v. Harris, 550 US. 372 (2007), the …


Presidential Leadership And Civil Rights Lawyering In The Era Before Brown, Lynda G. Dodd Oct 2010

Presidential Leadership And Civil Rights Lawyering In The Era Before Brown, Lynda G. Dodd

Indiana Law Journal

No abstract provided.


Unfettered Discretion: Criminal Orders Of Protection And Their Impact On Parent Defendants, David Michael Jaros Oct 2010

Unfettered Discretion: Criminal Orders Of Protection And Their Impact On Parent Defendants, David Michael Jaros

Indiana Law Journal

The last two decades have witnessed an astonishing increase in the use of the criminal justice system to police neglectful parents. Recasting traditional allegations of neglect as criminal charges of endangering the welfare of a child, prosecutors and the police have involved criminal courts in the regulation of aspects of the parent-child relationship that were once the sole province of family courts. This Article explores the legal implications of vesting judges in these cases with the unfettered discretion to issue protective orders that criminalize contact between a parent and her child.I argue that procedures for issuing protective orders that were …


Perspective And Point Of View On Affirmative Action, Kevin D. Brown Oct 2010

Perspective And Point Of View On Affirmative Action, Kevin D. Brown

Indiana Law Journal

No abstract provided.


"Why Rebottle The Genie?": Capitalizing On Closure In Death Penalty Proceedings, Jody L. Madeira Oct 2010

"Why Rebottle The Genie?": Capitalizing On Closure In Death Penalty Proceedings, Jody L. Madeira

Indiana Law Journal

Closure, though a term with great rhetorical force in the capital punishment context, has to date evaded systematic analysis, instead becoming embroiled in ideological controversy. For victims who have rubbed the rights lamp for years, inclusion in capital proceedings and accompanying closure opportunities are perceived as a force with the potential to grant wishes of peace and finality. Scholars, however, argue for rebottling the closure genie lest closure itself prove false or its pursuit violate a defendant's constitutional rights. In order to effectively appraise the relationship of closure to criminal jurisprudence, however, and thus to decide whether and to what …


Introduction: Transatlantic Perspectives On Law, Security And Power: A German/American Dialogue On Nato’S 60th Anniversary Jul 2010

Introduction: Transatlantic Perspectives On Law, Security And Power: A German/American Dialogue On Nato’S 60th Anniversary

Indiana Journal of Global Legal Studies

Transatlantic Perspectives on Law, Security and Power: A German/American Dialogue on NATO’s 60th Anniversary, Symposium.