Administrative Law Commons^™

Derailed By The D.C. Circuit: Getting Network Management Regulation Back On Track, Edward B. Mulligan V

Federal Communications Law Journal

As the Internet continues to play a more central role in the daily lives of Americans, concerns about how Internet service providers manage their networks have arisen. Responding to these concerns and recognizing the importance of maintaining the open and competitive nature of the Internet, the FCC has taken incremental steps to regulate network management practices. Perhaps the most significant of these steps was its August 2008 Memorandum Decision and Order in which the FCC condemned Comcast Corporation's network management practices as "discriminatory and arbitrary." In that Order, the FCC required that Comcast (1) adopt new practices that complied with …

Vertical Separation Of Telecommunications Networks: Evidence From Five Countries, Robert W. Crandall, Jeffrey A. Eisenach, Robert E. Litan

Federal Communications Law Journal

The widespread adoption of mandatory unbundling in telecommunications markets has led to growing interest in mandatory "functional separation," i.e., separation of upstream network operations from downstream retail operations. Since 2002, vertical separation has been implemented in five OECD countries: Australia, Italy, New Zealand, Sweden, and the United Kingdom. In 2008, the International Telecommunications Union noted "a tremendous amount of interest" in functional separation around the world; and, in April 2009, the European Parliament held its second reading on a new regulatory framework that embraces functional separation as an "exceptional measure." While the U.S. does not currently require unbundling of broadband …

Thwack!! Take That, User-Generated Content!: Marvel Enterprises V. Ncsoft, Carl Michael Szabo

Federal Communications Law Journal

Comic-book heroes show us how to be valiant, how to fight for those less fortunate, and, in some circumstances, how to combat those who break the law. Such is the situation in the case of Marvel Enterprises, Inc. v. NCSofl Corp., a battle between user-generated content and the copyright violations that resulted.

While the issue of copyright liability has been seen in hundreds of comments and notes from courts and attorneys alike, the issue of copyright liability on the internet remains an open question that if not addressed, could endanger the protection afforded to authors. Federal and state suits have …

Music As Speech: A First Amendment Category Unto Itself, David Munkittrick

Federal Communications Law Journal

Perhaps the most ubiquitous of art forms, music accompanies daily activities from shopping to jogging. Music permeates modem society, and there is little question it constitutes an integral mode of expression. Despite recognition of music's worth, however, there is little explanation of music in First Amendment jurisprudence. A rationale for First Amendment protection begins with analysis of the particular medium of speech. Through a foray in musical aesthetics and the history of musical censorship, this Note discusses the role of music in political, societal, and individual experience. Music has had an important role in political events, from the fall of …

The Sound Of Money: Securing Copyright, Royalties, And Creative "Progress" In The Digital Music Revolution, Armen Boyajian

Federal Communications Law Journal

Academics and popular critics alike want to distill, reform, or altogether destroy U.S. copyright law as we know it. Much of this stems from animosity toward the old-guard record industry's alleged practices of overcharging consumers, underpaying royalties to artists, and suing teenagers and grandmas. But what those calling for reform all seem to neglect is a tiny but inevitable fact: for the first time in history, composers and recording artists can keep their copyrights.

Tangible media sales are being replaced by P2P file sharing, retail downloads, and streaming Webcasts. Digital technologies and wireless networks have opened prime channels for music …

Confession Of Error By Administrative Agencies, Alexander L. Merritt

Washington and Lee Law Review

No abstract provided.

Summary Of Marvin V. Fitch, 126 Nev. Adv. Op. No. 18, Ammon Francom

Nevada Supreme Court Summaries

An appeal from a district court order of dismissal, certified as final under NRCP 54(b), in a 42 U.S.C. § 1983 action.

Appeal No. 0820: Robert D. Armstrong V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2010-03, 2010-04 & 2010-06

Appeal No. 0821: Robert D. Armstrong V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2010-03, 2010-04 & 2010-06

Appeal No. 0819: Robert D. Armstrong V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2010-03, 2010-04 & 2010-06

Cityland – Vol. 7, No. 4, Center For New York City Law

CityLand - 2010

The May 2010 issue of CityLand covers major land use and zoning developments across New York City. Highlights include the City Council’s approval of the Rose Plaza on the River project in Williamsburg, which increased affordable housing to 30% of units. The City Planning Commission reviewed the proposed redevelopment of the Domino Sugar site, raising concerns about infrastructure and affordability. A zoning text amendment was introduced to regulate car-share vehicle parking citywide. The Council approved Knickerbocker Commons, a Bushwick apartment building designed to meet Passive House energy standards. Staten Island’s Grymes Hill and Sunnyside neighborhoods were rezoned to preserve low-density …

Appeal No. 0813: Ohio Valley Energy Systems V. Division Of Oil & Gas Resources Management And James & Frances Mcgee, Ruth Cooper, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2009-17 (English #1 Well)

Splitting Scales: Conflicting National And Regional Attempts To Manage Commercial Aquaculture In The Exclusive Economic Zone, Brandee Ketchum

Journal of Food Law & Policy

Like other environmental resources subject to public use, various interest groups struggle over joint management of scarce fisheries resources. Further, differing goals for resource management, such as financial goals versus conservation goals, frequently pit regional groups against one another. In some cases, regional interests may conflict with overall national interests. As goes the water and the air, so go the fish.

"Relative Checks": Towards Optimal Control Of Administrative Power, David S. Rubenstein

William & Mary Law Review

Administrative agencies wield a necessary but dangerous power. Some control of that power is constitutionally required and normatively justified. Yet widely discordant views persist concerning the appropriate means of control. Scholars have proposed competing administrative control models that variably place the judiciary, the President, and Congress at the helm. Although these models offer critical insights into the institutional competencies of the respective branches, they tend to understate the limitations of those branches to check administrative power and ultimately marginalize the public interest costs occasioned by second-guessing administrative choice. The “relative checks” paradigm introduced here seeks to improve upon existing models …

Fcc V. Fox Television Stations And The Role Of Logical Error In Hard Look Review, Samuel G. Brooks

BYU Law Review

No abstract provided.

Appeal No. 0817: Seagull Development Corp. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2009-59

Cityland – Vol. 7, No. 3, Center For New York City Law

CityLand - 2010

The April 2010 issue of CityLand covers significant land use, preservation, and legal developments in New York City. The City Council approved a zoning text amendment to close a parking loophole in Bronx Community District 10. The City Planning Commission approved the controversial Rose Plaza on the River development in Williamsburg and held hearings on the Astoria contextual rezoning and an energy-efficient affordable housing project in Bushwick. BSA denied a variance for additional townhouses in Park Slope and granted variances for Central Synagogue and a Carroll Gardens development. Landmark actions included the designation of the Upper East Side Historic District …

Book Review. Joan Biskupic, An American Original: The Life And Constitution Of Supreme Court Justice Antonin Scalia, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

An Irs Duty Of Consistency: The Failure Of Common Law Making And A Proposed Statutory Solution, Steve R. Johnson

Scholarly Publications

The IRS should endeavor to treat similarly-situated taxpayers similarly, but does this aspiration rise to the level of a judicially enforceable duty? If the IRS takes a position on Taxpayer B that is correct under the law but is inconsistent with a position the IRS took on similarly-situated Taxpayer A, should the IRS’s position on Taxpayer B fail simply because of the inconsistency? These questions implicate important themes, such as fairness, the rule of law, separation of powers, administrative exigencies, the role of common law making in a highly positivistic system, and the sustainability of legal regimes.

A constitutional standard …

Section 2(B) Advertising Rights On Government Property: Greater Vancouver Transportation Authority, Anew Can Of Worms And The Liberty Two Step?, Elaine Craig

Dalhousie Law Journal

The Supreme Court's recent decision inVancouver Transportation is problematic for two reasons. First, the majority adopts an analytical framework for determining whether a claim triggers the positive rights Dunmore/Baier analysis, which means that policies restricting expressive rights based on groups rather than content could be less likely to fall within the scope of section 2(b). A better approach would be to characterize section 2(b) cases based on the nature of the claim rather than the nature of the restriction and to apply the positive rights Dunmorel Baier criteria only where the claim is for an audience with the government or …