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Articles 1 - 14 of 14

Full-Text Articles in Law

Net Neutrality: Applying (And Expanding) Nondiscrimination Norms In Cyberspace, Daniel Lyons Jul 2011

Net Neutrality: Applying (And Expanding) Nondiscrimination Norms In Cyberspace, Daniel Lyons

Daniel Lyons

The article discusses the regulations to promote net neutrality in the broadband industry by the Federal Communications Commission (FCC. It focuses on the term unreasonable discrimination taken from Section 202 of the Communications Act that restricts telephone companies and telecommunications providers. Details on benefits offered by tiering approach such as a more intelligent Internet traffic management and greater competition among broadband providers are discussed.


Podcast: Talk America Inc. V. Michigan Bell Telephone Company, Daniel Lyons Jul 2011

Podcast: Talk America Inc. V. Michigan Bell Telephone Company, Daniel Lyons

Daniel Lyons

No abstract provided.


Tethering The Fcc: The Case Against Chevron Deference For Jurisdictional Claims, Daniel Lyons May 2011

Tethering The Fcc: The Case Against Chevron Deference For Jurisdictional Claims, Daniel Lyons

Daniel Lyons

No abstract provided.


Regulating The Internet: Net Neutrality And Nondiscrimination Norms, Daniel Lyons May 2011

Regulating The Internet: Net Neutrality And Nondiscrimination Norms, Daniel Lyons

Daniel Lyons

No abstract provided.


Panelist, Liberty, Property, And International Justice, Daniel Lyons Apr 2011

Panelist, Liberty, Property, And International Justice, Daniel Lyons

Daniel Lyons

No abstract provided.


Podcast: Is Net Neutrality A Virtual Taking?, Daniel Lyons Apr 2011

Podcast: Is Net Neutrality A Virtual Taking?, Daniel Lyons

Daniel Lyons

No abstract provided.


Net Neutrality: A Historical Perspective, Daniel Lyons Apr 2011

Net Neutrality: A Historical Perspective, Daniel Lyons

Daniel Lyons

No abstract provided.


Presented Paper: Net Neutrality And Nondiscrimination Norms, Daniel Lyons Mar 2011

Presented Paper: Net Neutrality And Nondiscrimination Norms, Daniel Lyons

Daniel Lyons

No abstract provided.


Presented Paper: Net Neutrality And Nondiscrimination Norms In Telecommunications, Daniel Lyons Mar 2011

Presented Paper: Net Neutrality And Nondiscrimination Norms In Telecommunications, Daniel Lyons

Daniel Lyons

No abstract provided.


Net Neutrality And The Takings Clause, Daniel Lyons Feb 2011

Net Neutrality And The Takings Clause, Daniel Lyons

Daniel Lyons

No abstract provided.


Presented Paper: The Judicial Role In Telecommunications Reregulation, Daniel Lyons Feb 2011

Presented Paper: The Judicial Role In Telecommunications Reregulation, Daniel Lyons

Daniel Lyons

No abstract provided.


Virtual Takings: The Coming Fifth Amendment Challenge To Net Neutrality Regulation, Daniel Lyons Jan 2011

Virtual Takings: The Coming Fifth Amendment Challenge To Net Neutrality Regulation, Daniel Lyons

Daniel Lyons

“Net neutrality” refers to the principle that broadband providers should not limit the content and applications available over the Internet. Long a rallying cry of techies and academics, it has become one of the central pillars of the Obama Administration’s telecommunications policy. The Federal Communications Commission’s efforts to regulate the “onramp to the Internet” have attracted significant attention from the telecommunications industry and the academic community, which have debated whether the proposed restrictions violate broadband providers’ First Amendment rights. But there is an additional constitutional implication of net neutrality that has not yet been sufficiently addressed in the scholarly literature: …


Tethering The Administrative State: The Case Against Chevron Deference For Fcc Jurisdictional Claims, Daniel Lyons Dec 2010

Tethering The Administrative State: The Case Against Chevron Deference For Fcc Jurisdictional Claims, Daniel Lyons

Daniel Lyons

Like many other agencies, the Federal Communications Commission has seen significant regulatory growth under President Obama. But unlike health care, financial reform, and other areas, this growth has come without statutory guidance from Congress. The FCC’s assertion of jurisdiction over broadband service is reminiscent of its earlier attempts to regulate cable and to deregulate telephone service, efforts that courts have viewed skeptically in the absence of specific statutory authorization. But this skepticism is in tension with Chevron, which grants agencies substantial deference to interpret ambiguities in the statutes that they administer. This article argues that Chevron deference should not extend …


Presentation, Universal Service Fund Reform: The Next Five Years, Daniel Lyons Dec 2010

Presentation, Universal Service Fund Reform: The Next Five Years, Daniel Lyons

Daniel Lyons

No abstract provided.