Wednesday, June 30, 2010

Independence Day 2010

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In July 1776, when John Hancock and the other fifty-five signatories to the Declaration of Independence mutually pledged their "Lives, ...
Tuesday, June 29, 2010

The Third Way’s Fundamental Disconnect

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The FCC's Third Way Notice of Inquiry ("NOI") is problematic in a number of ways. But I want to focus here on a fundamental d...

Maryland Should Look to the New Jersey Way

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The Mercatus Center at George Mason University recently released a new working paper entitled: The Crisis in Public Sector...
Saturday, June 26, 2010

Defining Deference Down, Again: Independent Agencies, Chevron, Fox, Scalia, and Kagan

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In 2006, I published an article in the Administrative Law Review entitled "Defining Deference Down: Independent Agencies and Chevron ...
Tuesday, June 22, 2010

Not Mao Zedong or a Communist...But a Socialist

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In its June 10th edition, Communications Daily [subscription required] reported that FCC Commissioner Michael Copps, once again bemoaning t...
Monday, June 14, 2010

Broadband Internet Regulatory Authority: Some Suggested Legislative Language

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At a meeting this Thursday, the FCC is expected to vote to solicit comment on Chairman Genachowski's proposal to reclassify broadband In...
Friday, June 11, 2010

Third Way Theory Meets Forbearance Reality

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The clock will soon run out on the FCC's deadline for ruling on Qwest's forbearance petition regarding the Phoenix Metropolitan Sta...
Wednesday, June 09, 2010

Memos to Rep. Waters and OMB Director Orzag

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I noticed that, according to a report in  Communications Daily , Rep. Maxine Waters (D-CA) said earlier this week that the FCC's conside...
Tuesday, June 01, 2010

Notes on the Right Way

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Yesterday's program, "After Comcast : What's Next for Next Neutrality?", jointly sponsored by the Free State Foundation a...
Wednesday, May 26, 2010

Memorial Day - 2010

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Since the founding of the Free State Foundation in 2006, I have written special messages each Memorial Day, Independence Day, and Thanksgivi...
Tuesday, May 25, 2010

Unreasonable Tactics, Reasoned Decisionmaking, and the Rule of Law at the FCC

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Over the past decade or so, the FCC's review of proposed mergers of communications companies has gotten much more unseemly as the Commis...
Friday, May 21, 2010

The Law of Unintended Consequences - and Remembering Larry Darby

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Much rightly has been made, including by me, regarding Bill Kennard's -- Bill Clinton's FCC Chairman -- opposition to regulating bro...
Wednesday, May 19, 2010

No Need for "EU-Style" Wireless Mandates

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Last week the FCC issued a public notice seeking comment on EU-inspired regulation of wireless customer service and billing. The public no...
Thursday, May 13, 2010

Critiquing the So-Called Consensus on FCC Internet Regulation

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Last week, FCC Chairman Julius Genachowski announced his plans to change broadband Internet service from a lightly-regulated "inform...