From Betamax To Youtube: How Sony Corporation Of America V. Universal City Studios, Inc. Could Still Be A Standard For New Technology,
2012
Indiana University Maurer School of Law
From Betamax To Youtube: How Sony Corporation Of America V. Universal City Studios, Inc. Could Still Be A Standard For New Technology, Veronica Corsaro
Federal Communications Law Journal
Internet technological innovations, particularly the development of Peer-to-Peer ("P2P") networks and the proliferation of user-generated content sites, have introduced considerable challenges for the application of copyright law and infringement liability. The response from the courts and Congress has been mixed, with severe legal curtails being applied to P2P technology while usergenerated content sites have been afforded a level of protection against infringement claims as part of the Digital Millennium Copyright Act's section 512 "safe harbor" provisions. However, these provisions have raised concerns about the issue of secondary copyright liability, a matter that has still been left undefined. This Note will …
Assessing Competition In U.S. Wireless Markets: Review Of The Fcc’S Competition Reports,
2012
University of Pennsylvania Wharton School of Business
Assessing Competition In U.S. Wireless Markets: Review Of The Fcc’S Competition Reports, Gerald R. Faulhaber, Robert W. Halm, Hal J. Singer
Federal Communications Law Journal
The FCC's 14th and 15th Annual Wireless Competition reports review a wide variety of evidence, both direct (how firms and customers behave) and indirect (industry concentration measures) in making its competitive assessment. The reports are silent on how to interpret this evidence. In contrast, modem antitrust analysis relies far more on direct evidence. In failing to put more weight on the relevant direct market evidence to reach an informed competitive assessment, the 14th and 15th reports invite erroneous conclusions about the state of competition in wireless markets. The authors are concerned that these erroneous conclusions eventually could adversely influence regulatory …
Wiretapping The Internet: The Expansion Of The Communications Assistance To Law Enforcement Act To Extend Government Surveillance,
2012
Indiana University Maurer School of Law
Wiretapping The Internet: The Expansion Of The Communications Assistance To Law Enforcement Act To Extend Government Surveillance, Christa M. Hibbard
Federal Communications Law Journal
Criminal use of the Internet to circumvent traditional government phone wiretaps has inspired the Obama Administration to create a proposal to expand the Communications Assistance to Law Enforcement Act ("CALEA"). CALEA was passed in 1994 to regulate telephone and broadband companies to ensure compliance with standards to enable government wiretapping. The proposed amendment of CALEA would allow the government to require all communications service providers to meet technical standards necessary to comply with a wiretap order. The expansion of CALEA would likely widen its scope to social networking sites, instant messaging, gaming consoles that allow conversation among multiple players, and …
Consumer Watchdog: The Fcc’S Proposed Rulemaking To Help Consumers Avoid Bill Shock,
2012
Indiana University Maurer School of Law
Consumer Watchdog: The Fcc’S Proposed Rulemaking To Help Consumers Avoid Bill Shock, Cameron Robinson
Federal Communications Law Journal
This Note discusses the proposed rulemaking by the FCC in order to empower consumers against "bill shock." Bill shock is described as what a consumer experiences when he or she receives a bill for his or her cellular phone that is much higher than expected, usually on account of roaming charges. This Note will argue in favor of rulemaking by the FCC and explain how the consumer will be empowered against the confusion of the current system.
Of Justice Sotomayor And The Jicarilla Apache Nation: Slouching Toward Intellectual Honesty And The Canons Of Construction,
2012
Seattle University School of Law
Of Justice Sotomayor And The Jicarilla Apache Nation: Slouching Toward Intellectual Honesty And The Canons Of Construction, Jeremy Stevens
American Indian Law Journal
No abstract provided.
Agency Coordination In Shared Regulatory Space,
2012
Vanderbilt University Law School
Agency Coordination In Shared Regulatory Space, Jim Rossi, Jody Freeman
Vanderbilt Law School Faculty Publications
This Article argues that inter-agency coordination is one of the great challenges of modern governance. It explains why lawmakers frequently assign overlapping and fragmented delegations that require agencies to "share regulatory space," why these delegations are so pervasive and stubborn, and why consolidating or eliminating agency functions will not solve the problems they create. The Article describes a variety of tools that Congress, the President and the agencies can use to manage coordination challenges effectively, including agency interaction requirements, formal inter-agency agreements, and joint policymaking. The Article assesses the relative costs and benefits of these coordination tools, using the normative …
The Public Nature Of Indian Reservation Roads,
2012
Seattle University School of Law
The Public Nature Of Indian Reservation Roads, M. Brent Leonard
American Indian Law Journal
No abstract provided.
Enhancing Tribal Sovereignty By Protecting Indian Civil Rights: A Win-Win For Indian Tribes And Tribal Members,
2012
Seattle University School of Law
Enhancing Tribal Sovereignty By Protecting Indian Civil Rights: A Win-Win For Indian Tribes And Tribal Members, Rob Roy Smith
American Indian Law Journal
No abstract provided.
Gas Tax Agreements In Indian Country,
2012
Seattle University School of Law
Gas Tax Agreements In Indian Country, Jonathan White
American Indian Law Journal
No abstract provided.
Justice Rehnquist’S Theory Of Indian Law: The Evolution From Mazurie To Atkinson – Where Did He Leave The Court?,
2012
Seattle University School of Law
Justice Rehnquist’S Theory Of Indian Law: The Evolution From Mazurie To Atkinson – Where Did He Leave The Court?, Brenna Willott
American Indian Law Journal
No abstract provided.
The Evolution Of A New International System Of Justice In The United Nations: The First Sessions Of The United Nations Appeals Tribunal,
2012
University of San Diego
The Evolution Of A New International System Of Justice In The United Nations: The First Sessions Of The United Nations Appeals Tribunal, Tamara A. Shockley
San Diego International Law Journal
In this overview of the new U.N. administration of justice system, a review has been undertaken of the evolution of the process from the former internal justice system to the development of the new administration of justice system. The Appeals Tribunal had a partially blank slate upon which to begin a new jurisprudence in international administrative law. In the first two sessions, the Appeals Tribunal decided upon a wide range of issues ranging from receivability, case management, disciplinary measures and pension cases. As the U.N. attempts to reform and streamline its bureaucratic structure for the 21st century, the judicial tribunals …
Appeal No. 0836: G-R Contracting, Inc. V. Division Of Oil & Gas Resources Management,
2012
Case Western Reserve University School of Law
Appeal No. 0836: G-R Contracting, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2011-21 (Frick #2 & #6, Menzie #1, Carrel #2 Unit)
Balancing Transparency: The Value Of Administrative Law And Mathews-Balancing To Investment Treaty Arbitrations,
2012
Pepperdine University
Balancing Transparency: The Value Of Administrative Law And Mathews-Balancing To Investment Treaty Arbitrations, Cornel Marian
Pepperdine Dispute Resolution Law Journal
Greater reliance on arbitration to resolve cross-border disputes raises concern with the adequacy of arbitration procedural rules. In investment arbitration, transparency in the arbitrable proceedings is closely linked to the public need to review state conduct. This article draws on the responsibility of the arbitrator to balance the interests involved in an arbitration. Due consideration is given to the Global Administrative Law Project, which views many challenges affecting arbitration as the first step towards developing a global unifying standard of procedure. American domestic administrative law provides sufficient guidance in determining adequate procedure. The Mathews standard is of great value to …
Appeal No. 0835: City Of Munroe Falls, Ohio V. Division Of Oil & Gas Resources Management And Beck Energy Corporation,
2012
Case Western Reserve University School of Law
Appeal No. 0835: City Of Munroe Falls, Ohio V. Division Of Oil & Gas Resources Management And Beck Energy Corporation, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2011-18; (Beck Energy, Inc.; Bechter #1 Well)
Government Tan Lines: Examining The Reach And Effectiveness Of Federal And State Efforts To Protect Consumers From The Dangers Of Indoor Tanning,
2012
Pepperdine University
Government Tan Lines: Examining The Reach And Effectiveness Of Federal And State Efforts To Protect Consumers From The Dangers Of Indoor Tanning, Michelle Kay Pulley
Pepperdine Law Review
No abstract provided.
Cityland – Vol. 9, No. 1,
2012
New York Law School
Cityland – Vol. 9, No. 1, Center For New York City Law
CityLand - 2012
This issue of CityLand covers significant land use and zoning developments in New York City as of February 15, 2012. The City Council approved the designation of the Borough Hall Skyscraper Historic District in Downtown Brooklyn, despite opposition from property owners concerned about economic impacts. The Westchester Square BID re-entered its objection period due to notice delivery issues, and six BIDs across the city received budget increases. The City Planning Commission approved Rudin Management’s redevelopment plan for the former St. Vincent’s Hospital site and certified NYU’s long-term campus expansion proposal in Greenwich Village. A public alternative fueling station was approved …
Managing Air Traffic Congestion Through The Next Generation Air Transportation System: Satellite-Based Technology, Trajectories, And - Privatization?,
2012
Pepperdine University
Managing Air Traffic Congestion Through The Next Generation Air Transportation System: Satellite-Based Technology, Trajectories, And - Privatization?, Justin T. Barkowski
Pepperdine Law Review
No abstract provided.
Inside Agency Preemption,
2012
New York University School of Law
Inside Agency Preemption, Catherine M. Sharkey
Michigan Law Review
A subtle shift has taken place in the mechanics of preemption, the doctrine that determines when federal law displaces state law. In the past, Congress was the leading actor, and courts and commentators focused almost exclusively on the precise wording of its statutory directives as a clue to its intent to displace state law. Federal agencies were, if not ignored, certainly no more than supporting players. But the twenty-first century has witnessed a role reversal. Federal agencies now play the dominant role in statutory interpretation. The U.S. Supreme Court has recognized the ascendancy of federal agencies in preemption disputes-an ascendancy …
Exile Without Process: The New York City Housing Authority's Unconstitutional Trespass Notice Program,
2012
Benjamin N. Cardozo School of Law
Exile Without Process: The New York City Housing Authority's Unconstitutional Trespass Notice Program, Lauren J. Zimmerman
Cardozo Law Review
No abstract provided.
The Justiciability Of Fair Balance Under The Federal Advisory Committee Act: Toward A Deliberative Process Approach,
2012
Texas A&M University School of Law
The Justiciability Of Fair Balance Under The Federal Advisory Committee Act: Toward A Deliberative Process Approach, Daniel E. Walters
Faculty Scholarship
The Federal Advisory Committee Act’s requirement that advisory committees be “fairly balanced in terms of the points of view represented and the functions to be performed” is generally considered either nonjusticiable under the Administrative Procedure Act or justiciable but subject to highly deferential review. These approaches stem from courts’ purported inability to discern from the text of the statute any meaningful legal standards for policing representational balance. Thus, the Federal Advisory Committee Act’s most important substantive limitation on institutional pathologies such as committee “capture” or domination is generally unused despite the ubiquity of federal advisory committees in the modern regulatory …
