Showing 1 - 7 of 7
Fifty years ago, two great technologies, the telecommunications network and the computer, embarked on a collision course. Experts at the time speculated about a “computer utility” that would profoundly influence both business and society. Not long after, the Federal Communications Commission...
Persistent link: https://www.econbiz.de/10014044042
Today, communications regulators mechanically apply outmoded categories to novel converged services. As a result, they create irresolvable contradictions and force hair-splitting distinctions that seldom hold up under the strain of judicial review or market forces. Policy-makers should...
Persistent link: https://www.econbiz.de/10014067550
As digital networks proliferate, standardized interfaces will define the economic and normative dynamics of markets. In other words, standardization is regulation. Regulatory mechanisms must evolve to emulate the best aspects of the standard-setting process. The Federal Communications Commission...
Persistent link: https://www.econbiz.de/10014209513
The federal government has long controlled the allocation and assignment of electromagnetic spectrum, considered the lifeblood of wireless communication. Critics of government spectrum licensing advance two alternatives: exclusive property rights and unlicensed sharing through "spectrum...
Persistent link: https://www.econbiz.de/10014075033
This article argues that the complex doctrine of judicial review of administrative action - containing no less than six separate tests depending on the sort of agency action to be reviewed - both descriptively is and normatively should be simplified into a “reasonable agency” standard....
Persistent link: https://www.econbiz.de/10014197450
The new prominence of constitutional tort claims like Valerie Plame's and Jose Padilla's calls for a re-examination of the form, a basic, but often overlooked, kind of lawsuit. This essay divides constitutional tort claims into three different types, each with different purposes and different...
Persistent link: https://www.econbiz.de/10014213419
An increasingly common response by regulators to what they view as undesirable market trends or challenges has been a sharp turn towards litigation to introduce novel legal theories and frameworks that could have been the product or subject of legislative or administrative rulemaking. The...
Persistent link: https://www.econbiz.de/10014355744