Publications
- « previous
- 1
- 2
- 3
- 4
- next »
Why Have a Telecommunications Law?: Anti-Discrimination Norms in Communications
May 2006
This paper presents telecommunications law with a challenge: how much of the present Telecommunication’s Acts objectives might be accomplished with a focus on a central anti-discrimination rule? The one-rule model provides one answer. This rule should be (1) a general norm that is technologically neutral, (2) in the form of an… more »
Network Neutrality: Competition, Innovation, and Nondiscriminatory Access
[DRAFT]
April 2006
The best proposals for network neutrality rules are simple. They ban abusive behavior like tollboothing and outright blocking and degradation. And they leave open legitimate network services that the Bells and Cable operators want to provide, such as offering cable television services and voice services along with a neutral internet offering.… more »
The World Trade Law of Internet Filtering
[DRAFT]
February 2006
In 1994, when most of the world’s trading nations agreed to create the WTO, they also agreed to begin to liberalize trade in services. What no one fully realized at the time (and not all realize now) is that those decisions placed the WTO in the midst of internet regulation. Much… more »
The Copyright Paradox - Understanding Grokster
October 2005
Over the last decade, writers begun to try and understand the other side of copyright, sometimes called its competition policy, communications policy, or regulatory side. This paper focuses attention on a crucial problem familiar to antitrust courts that is becoming more clearly important to copyright decisions. In both copyright and antitrust,… more »
Intellectual Property, Innovation, and Decentralized Decisions
May 2005
This essay proposes a new way to assess the desirability of intellectual property rights. Traditionally, intellectual property assignment is assessed based on a incentive/monopoly pricing tradeoff. I suggest they should be further assessed by their effects on the decision architectures surrounding the property right – their effects on how firms make… more »
When do American Judges Enforce Treaties?
February 2005
This paper advances a theory of judicial treaty interpretation and enforcement in the American legal system. Today, the doctrine of self-execution dominates the study of judicial enforcement of treaties in U.S. courts. This paper, based on an extensive study of the record of treaty practice in U.S. courts, suggests a different… more »
The International Privacy Regime
December 2004
Privacy has joined one of many areas of law understandable only by reference to the results of overlapping and conflicting national agendas. What has emerged as the de facto international regime is complex. Yet based on a few simplifying principles, we can nonetheless do much to understand it and predict its… more »
Information Costs in Patent and Copyright
September 2004
Why do we have more than one form of intellectual property rights? Why are the structures of patent and copyright forms so different? What factors influence the optimal structure of each form? We can move toward addressing some of these enduring puzzles and understanding the effects of the differences between intellectual… more »
The Broadband Debate: A User's Guide
June 2004
What follows is a basic guide to the policy divisions in the broadband debate that have emerged and some suggested areas of reconciliation. For simplicity sakes I divide the argument to a debate between the openists and the deregulationists. The summary is critical. I fault the openists for being too prone… more »
Conflicts in Property
May 2004
Property concerns conflicts – both conflicts between individuals and conflicts of interest. Conflicts between individuals have long been the paradigmatic property focus. According to this view, property debates circle around issues of autonomy and productive competition. But this is an impoverished view. In this Article, we shift attention to conflicts of… more »
- « previous
- 1
- 2
- 3
- 4
- next »