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Articles 1 - 30 of 93
Full-Text Articles in Law
The Ip Transition And The Need For Common Carrier Regulation, Nicholas Kokkinos
The Ip Transition And The Need For Common Carrier Regulation, Nicholas Kokkinos
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
The Uhf Discount And The National Television Ownership Rule: “This I Tell You, Brother: You Can’T Change One Without The Other”, Bill Durdach
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
Volume 23 Masthead
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
The Procrustean Problem With Prescriptive Regulation, Maureen K. Ohlhausen
The Procrustean Problem With Prescriptive Regulation, Maureen K. Ohlhausen
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
Section 10 Forbearance: Asking The Right Questions To Get The Right Answers, George S. Ford, Lawrence J. Spiwak
Section 10 Forbearance: Asking The Right Questions To Get The Right Answers, George S. Ford, Lawrence J. Spiwak
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
The Telecommunications Act of 1996 aimed to “provide for a pro-competitive, de-regulatory national policy framework designed to accelerate rapidly private sector deployment of advanced telecommunications and information technologies and services to all Americans….” Key to the Federal Communication Commission’s ability to satisfy this deregulatory mandate is Section 10 of the 1996 Act which provides the agency with express legal authority to forbear from enforcing certain portions of the Communications Act. In this paper, we use the agency’s Phoenix Forbearance Order as a template for outlining how the Commission can improve its forbearance analysis. Our analysis focuses on forbearance from the …
Surfing For Protection: Why Websites Should Be Categorically Excluded From Trade Dress Protection, Matt Mikels
Surfing For Protection: Why Websites Should Be Categorically Excluded From Trade Dress Protection, Matt Mikels
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
Protecting The Free Flow Of Information: Federal Shield Laws In The Digital Age, Arielle Giordano
Protecting The Free Flow Of Information: Federal Shield Laws In The Digital Age, Arielle Giordano
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
The Evolution Of Innovation And The Evolution Of Regulation: Emerging Tensions And Emerging Opportunities In Communications, Larry Downes, John W. Mayo
The Evolution Of Innovation And The Evolution Of Regulation: Emerging Tensions And Emerging Opportunities In Communications, Larry Downes, John W. Mayo
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
Guarding Against Abuse: The Costs Of Excessively Long Copyright Terms, Derek Khanna
Guarding Against Abuse: The Costs Of Excessively Long Copyright Terms, Derek Khanna
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
Searching For Culpability, Punishing The Guilty, And Protecting The Innocent: Should Congress Look To The Model Penal Code To Stem The Tide Of Federal Overcriminalization?, David Dailey
Catholic University Law Review
In late 2014, the House Judiciary Committee's Overcriminalization Task Force is expected to release a final report on federal overcriminalization. The Task Force has been studying the issue for over a year, and had held several hearings on a lack of a mens rea requirement in many federal statutes, as well as regulatory offenses that carry criminal sanctions. Several experts have recommended that Congress enact a default mens rea provision similar to the Model Penal Code (MPC). This Comment explores the issue of mens rea at the federal level and the federal courts' understanding of mens rea in federal criminal …
Sec V. Bauer: If The Glove Fits, It's Insider Trading, Kramer Ortman
Sec V. Bauer: If The Glove Fits, It's Insider Trading, Kramer Ortman
Catholic University Law Review
Until SEC v. Bauer, insider trading has never been applied within the context of an open-ended mutual fund. In alleging insider trading against Jilaine Bauer, an account executive of a mutual fund, the SEC originally won summary judgment; however, the case on appeal saw the SEC drop its original theory, the classical theory of insider trading, in favor of the alternative misappropriation theory. This Note argues that the misappropriation theory applies in the context of open-ended mutual funds by recognizing that the policy reasons underlying the prohibitions against insider trading are centered on the principles of fairness, market integrity, …
Alt-Labor, Secondary Boycotts, And Toward A Labor Organization Bargain, Michael C. Duff
Alt-Labor, Secondary Boycotts, And Toward A Labor Organization Bargain, Michael C. Duff
Catholic University Law Review
Recently, workers led by non-union labor advocacy groups, popularly labeled “ALT-Labor,” staged strikes and other job actions across the low-wage economy. Some observers see this activity as the harbinger of a reinvigorated labor movement or as audacious dissent by low-wage workers with nothing to lose. Others view the activity cynically as an exercise in futility, a struggle against inexorable market forces that refuse to pay $15 per hour to a fast food restaurant or big box retail worker. This article presumes that employers will respond to ALT-Labor in a historically typical manner—by seeking labor injunctions and civil damages in courts. …
Financing Elections And "Appearance Of Corruption": Citizen Attitudes And Behavior In 2012, Molly J. Walker Wilson
Financing Elections And "Appearance Of Corruption": Citizen Attitudes And Behavior In 2012, Molly J. Walker Wilson
Catholic University Law Review
As political spending reaches new highs in the 2012 election cycle, and as the controversy surrounding wealthy donors and interest groups grows, polls demonstrate a surge of cynicism among Americans who profess a belief that the American political system is corrupt. The Supreme Court’s 2010 decision in Citizens United made possible the most recent expansion of political spending. In this case, the question was whether allowing corporations and unions to spend unlimited amounts of money on political advertising would result in corruption or the appearance of corruption. The majority on the Court determined that it would not. Many observers have …
The Meme Of Voter Fraud, Atiba R. Ellis
The Meme Of Voter Fraud, Atiba R. Ellis
Catholic University Law Review
The meme of voter fraud is the idea that unworthy voters are attacking the electoral system by voting fraudulently through impersonation or other bad acts. Although scholars of election law aptly demonstrate that the meme is a myth, the meme nonetheless endures as a rationale for the continued passage of heightened voter regulations like voter identification laws. Scholarship critiquing the voter fraud meme relies on partisanship as the prime explanation for voter fraud arguments. This explanation is incomplete in light of the fact that proponents of the myth continue to believe it on an ideological level even when the lack …
The Jurisprudence Of Nature: The Importance Of Defining What Is "Natural", Jill M. Fraley
The Jurisprudence Of Nature: The Importance Of Defining What Is "Natural", Jill M. Fraley
Catholic University Law Review
Informal regulations defining nature, natural, and organic have proliferated across diverse fields of law from patents to agriculture, from taxation to gemstones. The unwritten jurisprudence of defining nature is primarily a story of the struggle to isolate mankind’s manipulations and interventions, creating a man-nature dichotomy that frustrates more than it explicates. This failure to define nature continues with the Supreme Court’s recent Myriad decision, which struggles to define the law of nature exception to patentability, highlighting the challenge of measuring levels of human intervention and manipulation. Our dichotomous definitions do not generate neat, binary answers, but rather complicated scales of …
Access For Access: Ensuring Access To Federal Courts For Parents Seeking To Exercise Rights Of Access Under The Hague Convention On The Civil Aspects Of International Child Abduction, Katherine L. Olson
Catholic University Law Review
Each year, thousands of children are abducted across international borders, often by one of their parents. The Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention) and its implementing legislation, the International Child Abduction Remedies Act (ICARA), provide recourse to the non-abducting parent. However, recent cases in the U.S. Courts of Appeal for the Fourth and Second Circuits have created a circuit split on the issue of whether rights of access, in contrast to rights of custody, convey a private right of action in U.S. federal courts under the Hague Convention. This Comment examines this circuit split …
Judicial Speculation On Consumer Impression: The Pitfalls Of Measuring Trademark Tacking As A Question Of Law, Megan Majcher Hartnett
Judicial Speculation On Consumer Impression: The Pitfalls Of Measuring Trademark Tacking As A Question Of Law, Megan Majcher Hartnett
Catholic University Law Review
Trademark tacking allows a mark owner to adjust her mark without losing protection. The test for determining whether tacking is appropriate is whether the new mark is the legal equivalent of the old. This equivalency is measured by evaluating the continuing commercial impression created by the marks. A circuit split has developed over whether this test is a question of law or a question of fact. This Comment argues that the continuing commercial impression test is ill-suited to be measured as a question of law. Initially, this Comment focuses on how commercial impression is a fact-based inquiry and should be …
The Catholic Law School And Constitutional Self-Government, The Honorable Diarmuid F. O'Scannlain
The Catholic Law School And Constitutional Self-Government, The Honorable Diarmuid F. O'Scannlain
Brendan F. Brown Lecture Series
Judge O’Scannlain’s address posited that America’s approximately two dozen Catholic-affiliated law schools fulfill a critically important role in legal education, helping to form the character and intellect of future generations of lawyers while addressing questions of law, jurisprudence and constitutional self-government though the distinct lens of the Catholic intellectual tradition. The application of jurisprudence that is untethered to natural law—defined by the judge as a set of principles that derive from a comprehensive view of man’s purpose and destiny—risks subjecting human life, in his view, to “irresponsible, value-neutral notions of freedom” that poorly serve society as a whole. For that …
Market Definition And The Economic Effects Of Special Access Price Regulation, T. Randolph Beard, Lawrence J. Spiwak Esq., George S. Ford Phd
Market Definition And The Economic Effects Of Special Access Price Regulation, T. Randolph Beard, Lawrence J. Spiwak Esq., George S. Ford Phd
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
Market definition is an essential ingredient to competitive and regulatory analysis. Yet, there is significant disparity regarding the definition of the relevant geographic market for high-capacity circuits, commonly referred to as Special Access services. Given the present debate over expanding price regulation in this sector, the importance of market definition on the expected economic effects of regulation is worth evaluating. In this article, we demonstrate that if geographic markets are “location specific” and supplied by a monopolist as the proponents of regulation claim, then price regulation reduces economic welfare in all instances. That is, even with monopoly supply, regulation offers …
Selected Docket And Legislative Summaries, 2014
Selected Docket And Legislative Summaries, 2014
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
Equalizing Webcasting Licensing Schemes: The Internet Radio Fairness Act And The Future Of Internet Radio, Abbi Hutcherson
Equalizing Webcasting Licensing Schemes: The Internet Radio Fairness Act And The Future Of Internet Radio, Abbi Hutcherson
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
Aereo: Cutting The Cord Or Splitting The Circuit?, Julie Borna
Aereo: Cutting The Cord Or Splitting The Circuit?, Julie Borna
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
Technology In The Courtroom: Promoting Transparency Or Destroying Solemnity?, Emily Ittner
Technology In The Courtroom: Promoting Transparency Or Destroying Solemnity?, Emily Ittner
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
Restoring Foia's Reach To The National Security Council, Andrew Yingling
Restoring Foia's Reach To The National Security Council, Andrew Yingling
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
Taxing And Regulating Bitcoin: The Government's Game Of Catch Up, Patrick Mcleod
Taxing And Regulating Bitcoin: The Government's Game Of Catch Up, Patrick Mcleod
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
Reactions Of Broadband Service Providers To The Growth Of Video Streaming, John Meisel
Reactions Of Broadband Service Providers To The Growth Of Video Streaming, John Meisel
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
Medicare: The Perpetual Balance Between Performance And Preservation, Craig B. Garner
Medicare: The Perpetual Balance Between Performance And Preservation, Craig B. Garner
Journal of Contemporary Health Law & Policy (1985-2015)
No abstract provided.
Reforming Medicare-Financed Graduate Medical Education, Kate Maher
Reforming Medicare-Financed Graduate Medical Education, Kate Maher
Journal of Contemporary Health Law & Policy (1985-2015)
No abstract provided.
Injecting Caution: A Need For Enhanced State-Level Enforcement Tactics Targeting The Cosmetic Use Of Liquid Silicone Products, Katherine Cohen Cooper
Injecting Caution: A Need For Enhanced State-Level Enforcement Tactics Targeting The Cosmetic Use Of Liquid Silicone Products, Katherine Cohen Cooper
Journal of Contemporary Health Law & Policy (1985-2015)
No abstract provided.
Mental Illness: A Smoking Gun For Firearms Restrictions Or A Missed Target?, Mollie Gelburd
Mental Illness: A Smoking Gun For Firearms Restrictions Or A Missed Target?, Mollie Gelburd
Journal of Contemporary Health Law & Policy (1985-2015)
No abstract provided.