Federal Communications Law Journal

Trade journal covering communications law. Published in cooperation with the Indiana University School of Law, Bloomington.

Articles from Vol. 61, No. 3, June

Adaptive Policymaking: Evolving and Applying Emergent Solutions for U.S. Communications Policy
"All we know of the world is of the nature of theories, and all experience can do is to change those theories."--F.A. Hayek I. INTRODUCTION II. THE EMERGENCE OF EMERGENCE ECONOMICS A. The Roots of Emergence Economics B. The Complexity...
Editor's Note
Welcome to the third and final Issue of the sixty-first Volume of the Federal Communications Law Journal, the nation's premier communications law journal and the official journal of the Federal Communications Bar Association. This Issue presents...
Restraining False Light: Constitutional and Common Law Limits on a "Troublesome Tort"
I. INTRODUCTION II. JUDICIAL AND LEGISLATIVE LIMITS ON DEFAMATION A. Elements and Presumptions at Common Law B. The End of Common Law Strict Liability in Defamation C. The End of Presumed Damages D. The Burden of Truth Lifted ...
The Never-Ending Limits of (Section) 230: Extending ISP Immunity to the Sexual Exploitation of Children
I. SECTION 230 IMMUNITY A. Congress's Intent in Enacting [section] 230 B. The Seminal [section] 230 Case and Its Enduring Effects II. A CASE FOR CHANGING THE [section] 230 LEGAL REGIME TO PROTECT MINORS ONLINE A. The Current State...
The Role of Theory and Evidence in Media Regulation and Law: A Response to Baker and a Defense of Empirical Legal Studies
I. INTRODUCTION II. CLARIFYING THE MUDDLE A. Our Contribution B. Baker's Position III. WHERE WE AGREE IV. A VULNERABLE THEORY V. WHY VIEWPOINT DIVERSITY MATTERS A. The FCC and the Courts B. The Empirical Turn of the...
Trustworthiness as a Limitation on Network Neutrality
I. INTRODUCTION II. TRACING TRUSTWORTHINESS THROUGH THE NETWORK NEUTRALITY DEBATE A. Defining Trustworthiness 1. Confidentiality 2. Communications Privacy 3. Integrity 4. Availability ...
Unlocking the Wireless Safe: Opening Up the Wireless World for Consumers
I. INTRODUCTION II. BACKGROUND: SKYPE'S PETITION TO THE FCC III. ARGUMENT: TURN CARRIER FOCUS ONTO NETWORK INFRASTRUCTURE A. The Time for Openness Is Now 1. Mobile Internet Is Developing Rapidly 2. What Is Net Neutrality? ...
Viewpoint Diversity and Media Ownership
I. INTRODUCTION II. RATIONALES FOR OWNERSHIP DISPERSAL A. Democratic Distribution or Dispersal B. Democratic Safeguards C. Media Quality or the Undesirable Bottom-Line Focus. III. EMPIRICAL STUDY OF VIEWPOINT DIVERSITY A. The Study ...
Who Needs Tickets? Examining Problems in the Growing Online Ticket Resale Industry
I. INTRODUCTION II. HISTORY: FROM 'SCALPING' TO 'RESALE' A. Pre-Internet Scalping and Anti-Scalping Legislation B. Growth of the Online Resale Industry III. 2007 HANNAH MONTANA TOUR: THE TICKET RESALE MARKET COMES OF AGE IV. TICKETMASTER,...