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Articles 1141 - 1170 of 1880

Full-Text Articles in Administrative Law

A New Clean Water Act, Paul Boudreaux Sep 2006

A New Clean Water Act, Paul Boudreaux

ExpressO

The Supreme Court’s new federalism has struck its strongest blows so far on the Clean Water Act. This summer, in Rapanos v. United States, a sharply divided Court nearly struck down a large chunk of the Act’s protection of wetlands and other small waterways – five years after an earlier decision had narrowed the reach of the Act because of its supposed overreaching into state prerogative. Why has the Clean Water Act been the Court’s favorite target? One reason is that the statute was fatally flawed when enacted. Congress chose to cover “navigable waters,” but its practical definition has never …


8th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2006, Department Of Attorney General, State Of Rhode Island Aug 2006

8th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2006, Department Of Attorney General, State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.


Reviewed Work: Understanding Institutional Diversity By Elinor Ostrom, Jonathan G.S. Koppell Jul 2006

Reviewed Work: Understanding Institutional Diversity By Elinor Ostrom, Jonathan G.S. Koppell

Publications from President Jonathan G.S. Koppell

No abstract provided.


Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp Jun 2006

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.


A Modern Disaster: Agricultural Land, Urban Growth, And The Need For A Federally Organized Comprehensive Land Use Planning Model, Jess M. Krannich Jun 2006

A Modern Disaster: Agricultural Land, Urban Growth, And The Need For A Federally Organized Comprehensive Land Use Planning Model, Jess M. Krannich

ExpressO

No abstract provided.


The Failure Of Competition Under The 1996 Telecommunications Act, Gene Kimmelman, Mark Cooper, Magda Herra Jun 2006

The Failure Of Competition Under The 1996 Telecommunications Act, Gene Kimmelman, Mark Cooper, Magda Herra

Federal Communications Law Journal

No abstract provided.


Endangered Species, Lassoes, And Unmet Promises, Kathleen Wallman Jun 2006

Endangered Species, Lassoes, And Unmet Promises, Kathleen Wallman

Federal Communications Law Journal

No abstract provided.


Looking Backwards And Looking Forwards In Contemplating The Next Rewrite Of The Communications Act, Johannes M. Bauer, Steven S. Wildman Jun 2006

Looking Backwards And Looking Forwards In Contemplating The Next Rewrite Of The Communications Act, Johannes M. Bauer, Steven S. Wildman

Federal Communications Law Journal

No abstract provided.


Ten Years Under The 1996 Telecommunications Act, Reed Hundt Jun 2006

Ten Years Under The 1996 Telecommunications Act, Reed Hundt

Federal Communications Law Journal

Keynote speech delivered at the Telecommunications Act of 1996: Ten Years Later Symposium, February 6, 2006, George Washington University.


The 1996 Telecommunications Act: Ten Years Later, Pat Aufderheide Jun 2006

The 1996 Telecommunications Act: Ten Years Later, Pat Aufderheide

Federal Communications Law Journal

No abstract provided.


A Public Interest Perspective On The Impact Of The Broadcasting Provisions Of The 1996 Act, Angela J. Campbell Jun 2006

A Public Interest Perspective On The Impact Of The Broadcasting Provisions Of The 1996 Act, Angela J. Campbell

Federal Communications Law Journal

No abstract provided.


Rivalrous Telecommunications Networks With And Without Mandatory Sharing, Thomas W. Hazlett Jun 2006

Rivalrous Telecommunications Networks With And Without Mandatory Sharing, Thomas W. Hazlett

Federal Communications Law Journal

No abstract provided.


No Sight Like Hindsight: The 1996 Act And The View Ten Years Later, Donna N. Lampert Jun 2006

No Sight Like Hindsight: The 1996 Act And The View Ten Years Later, Donna N. Lampert

Federal Communications Law Journal

No abstract provided.


Interconnection Policy And Technological Progress, Gerald W. Brock Jun 2006

Interconnection Policy And Technological Progress, Gerald W. Brock

Federal Communications Law Journal

No abstract provided.


The Law Of Unintended Consequences, Susan Ness Jun 2006

The Law Of Unintended Consequences, Susan Ness

Federal Communications Law Journal

No abstract provided.


Swallows, Sausages, And The 1996 Act, Daniel B. Phythyon Jun 2006

Swallows, Sausages, And The 1996 Act, Daniel B. Phythyon

Federal Communications Law Journal

No abstract provided.


The Greatest Story Never Told: How The 1996 Telecommunications Act Helped To Transform Cable's Future, Brian L. Roberts Jun 2006

The Greatest Story Never Told: How The 1996 Telecommunications Act Helped To Transform Cable's Future, Brian L. Roberts

Federal Communications Law Journal

No abstract provided.


Politics And Telecommunications, Larry Pressler Jun 2006

Politics And Telecommunications, Larry Pressler

Federal Communications Law Journal

No abstract provided.


The 1996 Telecommunications Act, Jim Robbins Jun 2006

The 1996 Telecommunications Act, Jim Robbins

Federal Communications Law Journal

No abstract provided.


Section 202(H) Of The Telecommunications Act Of 1996: Beware Of Intended Consequences, Andrew Jay Schwartzman, Harold Feld, Parul Desai Jun 2006

Section 202(H) Of The Telecommunications Act Of 1996: Beware Of Intended Consequences, Andrew Jay Schwartzman, Harold Feld, Parul Desai

Federal Communications Law Journal

No abstract provided.


Transformation: The 1996 Act Reshapes Radio, Christopher H. Sterling Jun 2006

Transformation: The 1996 Act Reshapes Radio, Christopher H. Sterling

Federal Communications Law Journal

No abstract provided.


Open Video Systems: Too Much Regulation Too Late?, Micha Botein Jun 2006

Open Video Systems: Too Much Regulation Too Late?, Micha Botein

Federal Communications Law Journal

No abstract provided.


Responses By The Federal Communications Commission To Worldcom's Accounting Fraud, Warren G. Lavey Jun 2006

Responses By The Federal Communications Commission To Worldcom's Accounting Fraud, Warren G. Lavey

Federal Communications Law Journal

WorldCom's disclosure of billions of dollars of financial fraud on June 25, 2002 challenged the Federal Communications Commission ("FCC") in several major ways. The FCC proclaimed its commitment to enforce its rules to protect consumers against service discontinuance as well as the priority of rooting out corporate fraud. The FCC's rules required WorldCom to file accurate financial information and to show that it had financial and character qualifications necessary to hold FCC licenses. Despite numerous related proceedings and other actions in 2001 and early 2002, the FCC had not detected nor deterred WorldCom's fraud. After the disclosure, WorldCom continued its …


'Wi-Fi'ght Them When You Can Join Them? How The Philadelphia Compromise May Have Saved Municipally-Owned Telecommunications Services, Adam Christensen Jun 2006

'Wi-Fi'ght Them When You Can Join Them? How The Philadelphia Compromise May Have Saved Municipally-Owned Telecommunications Services, Adam Christensen

Federal Communications Law Journal

When the Mayor of Philadelphia announced his plan to provide municipally sponsored Wi-Fi Internet access, Verizon, the incumbent telecommunications service provider organized lobbyists to block the plan. The compromise eventually struck between Pennsylvania municipalities and Verizon, which allows municipalities to offer telecommunications services after giving Verizon a right of first refusal has resulted in a certain degree of uncertainty in the future of municipally sponsored Internet access. This Note examines this compromise and argues that it represents an optimistic future for municipally sponsored telecommunications services. The Note first discusses the history of Wi-Fi technology and the development of the law …


Review Essay: Using All Available Information, Max Huffman May 2006

Review Essay: Using All Available Information, Max Huffman

ExpressO

This is a review essay entitled “Using All Available Information,” in which I review and comment on Justice Stephen Breyer’s new book, Active Liberty: Interpreting Our Democratic Constitution, published in September 2005. Justice Breyer’s book, adapted from the Tanner Lectures given in 2005 at Harvard Law School, serves partly as a response to Justice Scalia’s 1997 volume A Matter of Interpretation: Federal Courts and the Law. I review Justice Breyer’s book in part by comparison to and contrast with Justice Scalia’s. I propose that much about Justice Breyer’s interpretive philosophy, which centers on determining the “purposes” of texts and interpreting …


Zoning And Eminent Domain Under The New Minimum Scrutiny, John H. Ryskamp May 2006

Zoning And Eminent Domain Under The New Minimum Scrutiny, John H. Ryskamp

ExpressO

Recently the Supreme Court has made it clearer that minimum scrutiny is a factual analysis. Whether in any government action there is a rational relation to a legitimate interest is a matter of determining whether there is a policy maintaining important facts. This has come about in the Court’s emerging emphasis on developing fact-based criteria for determining government purpose. Thus, those who want to affect zoning and eminent domain outcomes should look to what the Court sees as important facts, and whether government action is maintaining those facts with its proposed land use or eminent domain action.


Pathological Patenting: The Pto As Cause Or Cure, Rochelle Dreyfuss May 2006

Pathological Patenting: The Pto As Cause Or Cure, Rochelle Dreyfuss

Michigan Law Review

The Patent Act was last revised in 1952. The hydrogen bomb was exploded that year, vividly demonstrating the power of the nucleus; in the ensuing postwar period, the Next Big Thing was clearly the molecule. Novel compounds were synthesized in the hopes of finding new medicines; solid-state devices exploited the special characteristics of germanium and other semiconductors; as investments in polymer chemistry soared, advice to the college graduate soon boiled down to "one word ... just one word[:] ... Plastics." Over the next half-century, things changed dramatically. "Better living through chemistry" has begun to sound dated (if not sinister). Genomics …


A Practitioner's View Of Broadcaster Power, Andrew J. Siegel Apr 2006

A Practitioner's View Of Broadcaster Power, Andrew J. Siegel

Federal Communications Law Journal

A Review of J. H. Snider's Speak Softly and Carry a Big Stick: How Local TV Broadcasters Exert Political Power, iUniverse, Inc. 2005. Assistant General Counsel for CBS Andrew J. Siegel reviews this critique of the spectrum award given to television stations as part of The Telecommunications Act of 1996. Using a principal-agent theory, this book examines the complicated relationship between politicians, local television broadcasters, and the U.S. public in an attempt to explain why television broadcasters received the additional spectrum.


Brand X And The Wireline Broadband Report And Order: The Beginning Of The End Of The Distinction Between Title I And Title Ii Services, J. Steven Rich Apr 2006

Brand X And The Wireline Broadband Report And Order: The Beginning Of The End Of The Distinction Between Title I And Title Ii Services, J. Steven Rich

Federal Communications Law Journal

This Article traces the development of the FCC's distinction between "telecommunications services" subject to common carrier services under Title II of the 1934 Communications Act and "information services" regulated under Title I of the Act from the Computer Inquiry line of cases through the Brand X decision and recent Wireline Broadband Report and Order. The Author pays particular attention to the Brand X decision and the FCC's Wireline Broadband Order and its implications, suggesting that the Order may be subject to reversal when it is challenged in court and proposing how the Commission might react to a reversal. The Author …


Cable Operators' Fifth Amendment Claims Applied To Digital Must-Carry, Nissa Laughner, Justin Brown Apr 2006

Cable Operators' Fifth Amendment Claims Applied To Digital Must-Carry, Nissa Laughner, Justin Brown

Federal Communications Law Journal

This Article addresses the legal and policy implications of property rights in the digital must-carry issue. The Authors review must-carry regulations, present a traditional Fifth Amendment analysis of must-carry, address free speech implications of that property-based analysis, and show how property-based claims might influence future cable regulations and policies. The Authors conclude that while the Fifth Amendment claims are unlikely to succeed legally, they do contain significant rhetorical power that can help shift public policy in ways favorable to the cable industry.