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3,159 full-text articles. Page 51 of 51.

The Fcc's Affirmative Speech Obligations Promoting Child Welfare, Lili Levi 2010 University of Miami School of Law

The Fcc's Affirmative Speech Obligations Promoting Child Welfare, Lili Levi

Articles

No abstract provided.


Sovereignty In The Age Of Twitter, Donald L. Doernberg 2010 Elisabeth Haub School of Law at Pace University

Sovereignty In The Age Of Twitter, Donald L. Doernberg

Pace Law Faculty Publications

To a degree unimaginable even as recently as twenty-five years ago, people all over the world can communicate with each other easily, cheaply, and frequently, with the concomitant result that people learn more about what is happening elsewhere in the world and even in their own countries. Governments can no longer control information flow nearly to the extent that was once possible, and that has enabled people outside of government to know much more about what government is doing and to know it considerably sooner than might otherwise have been the case. That availability of information is changing the nature ...


Lessons From The Financial Crisis, Maurice Stucke 2009 University of Tennessee

Lessons From The Financial Crisis, Maurice Stucke

Maurice E Stucke

What lessons can we learn from the financial crisis concerning the issues of systemic risk, firms too big to fail, and the income inequality in the United States today?

In light of the public anger over the financial crisis and bailouts to firms deemed too big to fail, this Essay first addresses the issue of systemic risk posed by mergers generally and those in the financial services industries specifically. The federal government heard concerns in the 1990s about mega-mergers in the financial industry. The Department of Justice, for example, heard concerns that the Citibank-Travelers merger would create an institution too ...


When A Monopolist Deceives, Maurice Stucke 2009 University of Tennessee

When A Monopolist Deceives, Maurice Stucke

Maurice E Stucke

This essay uses one context - a monopolist’s deceptive advertising or product disparagement - to illustrate how competition authorities and courts should evaluate a monopolist’s deception under the federal antitrust laws. Competition authorities should target a monopolist’s anticompetitive deception, which courts should treat as a prima facie violation of the Sherman Act without requiring a full-blown rule of reason analysis or an arbitrary, multi-factor standard.


Antitrust 2025, Maurice Stucke 2009 University of Tennessee

Antitrust 2025, Maurice Stucke

Maurice E Stucke

Antitrust policy in the United States has roughly twenty to thirty year cycles. So if past cycles are reliable indicators of future ones, we are at (or approaching) a new antitrust policy cycle, with 2025 being the approximate midpoint.

Any new policy cycle will be defined by three fundamental questions: a. What is competition? b. What are the goals of competition law? c. What should be the legal standards to promote these goals?

Rather than predict the state of antitrust policy in 2025 (such as more or less cartel enforcement), this Essay maps two scenarios based on these three fundamental ...


The Aims Of Public Scholarship In Media Law And Ethics, Erik Ugland 2009 Marquette University

The Aims Of Public Scholarship In Media Law And Ethics, Erik Ugland

Erik Ugland

No abstract provided.


The Coming Fifth Amendment Challenge To Net Neutrality Regulation, Daniel Lyons 2009 Boston College Law School

The Coming Fifth Amendment Challenge To Net Neutrality Regulation, Daniel Lyons

Daniel Lyons

No abstract provided.


Bloggers As Limited-Purpose Public Figures: New Standards For A New Media Platform, Amy Sanders 2009 Northwestern University

Bloggers As Limited-Purpose Public Figures: New Standards For A New Media Platform, Amy Sanders

Amy Kristin Sanders

The traditional public-figure doctrine must be adapted to the new faces of online media and the ever-changing conversation outlets available to news consumers on the Internet. After reviewing the traditional tests for plaintiff status determinations in defamation cases, this article establishes a legal standard that American courts should use to determine plaintiff status in cases involving bloggers who sue for defamation. It establishes the proper level of notoriety bloggers must attain before they are considered limited-purpose public figures. Using specific examples from relevant jurisprudence involving both traditional media defamation cases and online defamation cases, this article outlines a three-part test ...


Newspaper Theft, Self-Preservation And The Dimensions Of Censorship, Erik Ugland, Jennifer Lambe 2009 Marquette University

Newspaper Theft, Self-Preservation And The Dimensions Of Censorship, Erik Ugland, Jennifer Lambe

Erik Ugland

One of the most common yet understudied means of suppressing free expression on college and university campuses is the theft of freely-distributed student publications, particularly newspapers. This study examines news accounts of nearly 300 newspaper theft incidents at colleges and universities between 1995 and 2008 in order to identify the manifestations and consequences of this peculiar form of censorship, and to augment existing research on censorship and tolerance by looking not at what people say about free expression but at what they do when they have the power of censorship in their own hands. Among the key findings is that ...


Dr. Generative Or: How I Learned To Stop Worrying And Love The Iphone, James Grimmelmann, Paul Ohm 2009 New York Law School

Dr. Generative Or: How I Learned To Stop Worrying And Love The Iphone, James Grimmelmann, Paul Ohm

James Grimmelmann

In The Future of the Internet--And How to Stop It, Jonathan Zittrain argues that the Internet has succeeded because it is uniquely "generative": individuals can use it in ways its creators never imagined. This Book Review uses the Apple II and the iPhone--the hero and the villain of the story as Zittrain tells it--to show both the strengths and the weaknesses of his argument. Descriptively and normatively, Zittrain has nailed it. Generativity elegantly combines prior theories into a succinct explanation of the technical characteristics that make the Internet what it is, and the book offers a strong argument that preserving ...


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