Perspectives From FSF Scholars
2019 No. 1: The FCC Should Employ Rebuttable Presumptions to Reduce Unnecessary Regulation , by Randolph J. MayReconciling Administration and Constitutionalism in Early America , by Joseph PostellAdopting Rebuttable Presumptions at the FCC , by Randolph J. MayNo. 4: Express and Conflict Preemption of State Net Neutrality Efforts , by Daniel A. LyonsThe FCC Should Stop Potential Liability for Smartphone Owners: The Ninth Circuit's Autodialer Decision Threatens Text Messaging Services , by Randolph J. May and Seth L. CooperFCC Report Indicates a Competitive Communications Marketplace: Future Reports Should Make Cross-Platform Substitution Findings , by Seth L. CooperThe Race for Global 5G Leadership: Where Are We Now? by Gregory J. VogtThinking the Unthinkable – Part IV , by Randolph J. MayProtecting Privacy on the Internet: Key Principles for Any Reform , by Theodore R. BolemaThinking the Unthinkable – Part V , by Randolph J. MayThe Strange and Fascinating Save the Internet Act , by Daniel T. DeaconTrade Agreements Should Include Stronger Online Copyright Protections , by Seth L. CooperGetting to "Yes" on Allocating Identified 5G Mid-Band Spectrum , by Gregory J. VogtState Net Neutrality Mandates and the Dormant Commerce Clause: Some Preliminary Thoughts , by Daniel A. LyonsA Tale of Two Administrations: Prying Valuable 5G Spectrum from Government Hands , by Gregory J. VogtThe DOJ Needs to Reconsider Market Definition for Advertising Markets , by Theodore R. BolemaA Free Market Approach Should Be Used to Reallocate C-Band Spectrum , by Randolph J. May and Gregory J. VogtThe FCC (and Administrative Law) at the Supreme Court, October Term 2018 , by Christopher J. WalkerD.C. Circuit Decision Represents Setback to Next-Generation Network Deployment Efforts , by Daniel A. LyonsReforming the FCC's Internet Protocol Captioned Telephone Service Program , by Randolph J. MayVolition Has No Role to Play in Determining Copyright Infringements , by Randolph J. May and Seth L. CooperProgressivism and the Beginnings of the True Administrative State , by Joseph PostellThe FCC Should Halt Bogus Lawsuits Threatening Popular Texting Services , by Seth L. CooperResurgence in Broadband Deployment Vindicates FCC's Pro-Investment Policies , by Seth L. CooperStreamlining Adjudications at the FCC , by Randolph J. MayNo. 1: A Case of Hypocrisy - Government Network Censors Support Net Neutrality for Private ISPs , by Enrique ArmijoWhy Consumers Won’t Be Left Unprotected , by Randolph J. May and Seth L. CooperMaryland Is Undergoing Meaningful Regulatory Reform , by Randolph J. May and Michael J. Horney A Critical Assessment of Harvard's “Community-Owned Fiber Networks: Value Leaders in America” Study , by Theodore R. Bolema and Michael J. Horney State Executive Orders Reimposing Net Neutrality Regulations Are Preempted by the Restoring Internet Freedom Order , by Seth L. CooperThe Proper Context for Assessing the AT&T/Time Warner Merger , by Theodore R. BolemaChevron and Net Neutrality at the FCC , by Randolph J. MayModernizing Civil Copyright Enforcement for the Digital Age Economy - The Need for Notice-and-Takedown Reforms and Small Claims Relief , by Randolph J. May and Seth L. CooperFCC Back on Track Promoting Broadband Deployment to All Americans , by Seth L. CooperReaching Rural America: Free Market Solutions for Promoting Broadband Deployment , by Michael J. HorneyA Critique of the ACLU’s “Public Internet Option” Study , by Theodore R. BolemaJust a Shadow of the Old ACLU , by Randolph J. May and Theodore R. BolemaBureaucracy in America: A Constitutional Approach to Administration , by Joseph PostellWorld IP Day – An Opportune Time to Modernize Music Copyright Protections , by Randolph J. May and Seth L. CooperCopyrights and Patents, Piracy and Theft , by Randolph J. May and Seth L. CooperFree Market Policy Prescriptions for the Internet of Things , by Seth L. CooperWhy Economists Consistently Support Free Trade Policies , by Theodore R. BolemaThe Net Neutrality CRA Would Remove FTC Privacy Protections , by Randolph J. MayThe Framers Establish an Administrative Constitution , by Joseph PostellWoodrow Wilson’s Case Against the Constitution , by Randolph J. MaySpectrum Above 95 GHz: An Opportunity to Implement a Property Rights-Oriented Approach , by Theodore R. BolemaThe Congressional Review Act and the Toxic Politics of Net Neutrality , by Daniel A. LyonsModernizing Criminal Copyright Law to Combat Online Piracy , by Randolph J. May and Seth L. CooperAfter AT&T/Time Warner, Antitrust Authorities Should Abandon Their Craft , by Randolph J. May & Theodore R. BolemaBig City Municipal Broadband: Repackaging Net Neutrality Arguments Won’t Fly , by Theodore R. Bolema and Michael J. HorneyT-Mobile/Sprint Merger Could Fast-Forward Mobile Consumers to the 5G Future , by Seth L. CooperT-Mobile/Sprint Merger Offers Public Interest Benefits: Likely Presents a Fast Track to 5G , by Randolph J. May and Seth L. CooperJudge Kavanaugh and the 'Chevron Deference,’ by Randolph J. MayFCC’s Proposals Promoting Infrastructure Deployment Don’t Violate Anti-Commandeering Rule , by Seth L. CooperCalifornia Privacy Law Will Increase the Cost of Accessing Online Content , by Michael J. HorneyDeregulating the Video Marketplace , by Randolph J. MayJudge Brett Kavanaugh’s Views on Chevron Deference at the FCC and Beyond , by Christopher J. WalkerWhy Google's Search Results Must Not Be Regulated , by Randolph J. MayCalifornia Net Neutrality Bill Would Stifle Network Investment , by Randolph J. May and Michael J. HorneyNo. 35: A Constitution Day Call to Strengthen Copyright Protection , by Randolph J. May and Seth L. Cooper
No. 36: No Evidence Open Internet Order's Repeal Has Affected Internet "Throttling," by Theodore R. Bolema
No. 37: Maintaining the Constitution's Separation of Powers , by Randolph J. MayJohn Marshall's Jurisprudence Supports the FCC's 5G Preemption Order , by Randolph J. May and Seth L. CooperThe DOJ’s Rather Unusual AT&T/Time Warner Merger Appeal , by Theodore R. BolemaE-Rulemaking and the Politicization of the Comment Process , by Daniel A. LyonsJohn Marshall's Jurisprudence Supports Preemption of California Law Regulating Broadband Internet Services , by Randolph J. May and Seth L. Cooper Modernizing International Agreements to Combat Copyright Infringement , by Randolph J. May and Seth L. CooperRevisiting the Comcast/NBCU Merger: Antitrust Claims Have Even Less Merit Than in 2011 , by Theodore R. BolemaPutting Today's Mobile Broadband Marketplace in Context , by Randolph J. May and Michael J. HorneyD.C. Circuit Skeptical of AT&T/Time Warner Merger Appeal , by Theodore R. Bolema
2017 No. 1: A Proposal for Improving the FCC’s Regulatory Reviews , by Randolph J. May and Seth L. Cooper No. 2:Regulatory Reform in Maryland - A Good Start but More Work to Do , by Randolph J. MayCenturyLink/Level 3 Merger Should Bring Pro-Competitive Public Benefits , by Seth L. CooperNo. 4: A Proposal for Improving the FCC’s Forbearance Process A Proposal for Reforming the FCC’s Video Competition Policy , by Randolph J. May and Seth L. CooperA Proposal for Improving the FCC’s Regulations Impacting Small Businesses , by Randolph J. May and Seth L. CooperA Proposal for Spurring New Technologies and Communications Services , by Randolph J. May and Seth L. Cooper6 Ways Chairman Pai Can Stop FCC Overreach , by Randolph J. May and Seth L. CooperA Proposal for Improving the FCC’s Merger Review Process , by Randolph J. MayThe Right Way to Protect Privacy Throughout the Internet Ecosystem , by Daniel A. LyonsUnderstanding Why More Regulation Means Less Investment , by Theodore R. BolemaPreserving a Lifeline to Close the Digital Divide , by Randolph J. MayToo Much Unnecessary Regulation Is Impeding Telecom Investment , by Theodore R. BolemaProtect Intellectual Property Rights on World IP Day – and Every Day , by Randolph May and Seth CooperNow Is the Time for MOBILE NOW , by Gregory J. VogtAllow Paid Prioritization on the Internet for More, Not Less, Capital Investment , by Theodore R. BolemaRestoring Internet Freedom: Rolling Back “Net Neutrality” Will Restore Innovation to Broadband Transmission , by Randolph J. MayFCC Return to 'Light Touch' Regulation Would Encourage Capital Investment , by Theodore R. Bolema and Michael J. HorneyThe Common Purposes of Intellectual Property and Antitrust - Promoting Creative and Innovative Output , by Randolph J. May and Seth L. CooperWhen You Think Infrastructure, Think FCC , by Randolph J. MayThe Problem with Municipal Broadband and Solutions for Promoting Private Investment , by Theodore R. Bolema and Michael J. HorneyAn Internet Plebiscite: Putting Public Pressure on the FCC Won’t Produce Better Communications , by Randolph J. MayAn Assessment of the FCC’s Proposal to Conduct a Cost-Benefit Analysis , by Theodore R. BolemaD.C. Circuit Ruling Supports FCC’s Use of Deregulatory Presumptions , by Randolph J. May and Seth L. CooperWhy Municipalities Should Stop Trying to Subsidize Broadband Access , by Theodore R. Bolema and Michael J. HorneyThe Danger Posed by the Growing Administrative State: The Cost of Regulations Is Almost Always Underestimated and Innovation Is Stifled , by Randolph J. MayAntitrust Provides a More Reasonable Framework for Net Neutrality Regulation , by Joshua D. WrightReal Progress in Regulatory Reform , by Randolph J. MayNo. 29: What Do Economists Know About Net Neutrality Regulation - Quite a Lot, and the FCC Should Pay Attention , by James E. PriegerNo. 30: MOBILE NOW and AIRWAVES Create an Essential Spectrum Pipeline: Free Market Principles Should Guide Spectrum Policy Toll-Free Assignment Modernization and the Triumph of Coase , by Daniel A. LyonsRecent Claims of Internet “Throttling” Do Not Justify a Bright-Line Ban , by Theodore R. BolemaINCOMPAS Mischaracterizes FSF’s Cost-Benefit Analysis Comments , by Theodore R. BolemaIgnoring the Inconvenient Truth of Effective Wireless Competition , by Seth L. Cooper and Michael J. HorneyThe FTC Has the Authority, Expertise, and Capability to Protect Broadband Consumers , by Theodore R. BolemaNet Neutrality Regulation, Investment, and the American Internet Experience , by James E. PriegerModernizing the Copyright Office for the Digital Age Economy , by Randolph J. May and Seth L. CooperRemove Barriers to Broadband Deployment , by Theodore R. BolemaIt's Time for the FCC to Relinquish Control of Media Ownership , by Randolph J. May and Seth L. CooperRevisiting Net Neutrality , by Daniel A. LyonsChevron Deference at the FCC – An Empirical Assessment from the Circuit Courts , by Christopher J. WalkerWhy America Needs an Updated Communications Act , by Randolph J. May and Seth L. CooperThe Justice Department Will Need a Stronger Case Against the AT&T/Time Warner Merger , by Randolph J. May and Theodore R. BolemaAT&T-Time Warner Suit a First , by Theodore R. BolemaReactions to the FCC’s Restoring Internet Freedom Draft Order , by Babette E. Boliek, Timothy J. Brennan, Michelle P. Connolly, Robert W. Crandall, Richard A. Epstein, Justin (Gus) Hurwitz, Daniel A. Lyons, James E. Prieger, Christopher J. Walker, and Christopher S. YooUnalienable Rights and Alienable Intellectual Property – Why “Moral Rights” Should Not Be Imported into U.S. Copyright Law , by Randolph J. May and Seth L. CooperThe Sunshine Act and Transparency at the FCC , by Randolph J. MayThe FCC’s Defining Case for Repealing Internet Regulations , by Seth L. CooperFred Kahn at 100 - A Brief Look Back at the Man and the Principles He Championed , by Dennis L. Weisman2016 No. 1 Usage-Based Pricing, Zero Rating, and the Future of Broadband Innovation , by Daniel A. LyonsNo. 2: A New Year’s Wish for the FCC for 2016: Exhibit More Regulatory Modesty! The Logic of International Intellectual Property Protection , by Randolph J. May and Seth L. CooperNo. 4: Achieving Efficient Government and Regulatory Reform in Maryland Wireless Report Data Undermine the FCC’s Rationale for Regulation , by Seth L. CooperNo. 6: Internet Freedom That Isn’t: FCC Vows Not To Meddle with Innovation and Rates Ring Hollow No. 7: Protecting Global IP Rights Is an Economic Imperative No. 8: FCC's 'Permission-Denied' Policy for Video Devices Is Wrong George Washington: Indispensable to Intellectual Property Rights in America , by Randolph J. May and Seth L. Cooper FCC’s Cognitive Dissonance Leads to Regulatory Policy Run Amok , by Randolph J. MayThe MOBILE NOW Act: An Important Step Forward No. 12: The FCC’s Flawed Understanding of Competition The Public Contract Basis of Intellectual Property Rights , by Randolph J. May and Seth L. CooperCopyright 'Notice and Takedown' System Needs Fixing , by Randolph J. May and Seth L. CooperNo. 15: It’s Time for U.S. Leadership Regarding Zero-Rating and Similar Programs No. 16: Video Report Data Undermine the FCC’s Rationale for New Device Regulation The FCC Cannot Proceed in the BDS Proceeding with a Flawed Analysis , by Michael J. HorneyNo. 18: Free State Foundation Scholars React to the D.C. Circuit's Decision on the Open Internet Order No. 19: With Last-Minute Regulations, FCC Has Its Eye on the Clock No. 20: Music MegaStars Sing the Right Note on Copyright Reform , by Randolph J. May and Seth L. CooperNo. 21: Net Neutrality’s Path to the Supreme Court: Chevron and the “Major Questions” Exception No. 22: Is the Open Internet Order an “Economics-Free Zone”? No. 23: FCC's Vague "General Conduct" Standard Deserves Closer Legal Scrutiny No. 24: The FCC Is Poised to Achieve a Major Milestone Advancing 5G Wireless Services No. 25: Our Divisive Times: What Would Madison Say? The FCC’s Special Access Proposal Is Infected With Special Pleading , by Randolph J. May and Seth L. CooperNo. 27: Liberty of Contract and the Free Market Foundations of Intellectual Property FCC Privacy Rules Would Harm Consumers by Creating Barriers for ISP Advertising , by Michael J. HorneyNo. 29: Can a Single Building Really Be Its Own BDS Market? No. 30: Rescuing Broadband from Government Interference: The FCC Overstepped in Allowing Municipalities to Own Networks No. 31: The FCC’s Internet Access Report Ignores Broadband Market Realities No. 32: FCC Chairman Tilts the Seesaw Toward Regulation No. 33: The FCC's Regulatory Barrage Imperils Broadband's Future , by Seth L. CooperNo. 34: FCC's New Regulations Threaten Broadband Investment No. 35: Wireless Report Evidence of Effective Competition Contradicts the FCC’s Pro-Regulatory Agenda Avoid Creating Ruts in the 5G Runway: The Potential Pitfalls of the Spectrum Frontiers Proceeding , by Gregory J. VogtIn Defense of Vagueness , by Jonathan BlakeResponse: In Defense of Vagueness , by Seth L. CooperIntellectual Property Rights and Compulsory Licensing: A First Principles Approach to Reform , by Randolph J. May and Seth L. CooperNo. 40: Proposed BDS Rate Controls Are Anti-Investment, Arbitrary, and Fact-Challenged A Blueprint for Trump Communications Reform: Unnecessary Regulations Should Be Switched Off , by Randolph J. MayNo. 42: Proposed Arbitration Ban Would Be Bad Law and Bad Policy How the FCC Can Eliminate Unnecessary Regulations , by Seth L. CooperFocusing on Communications Infrastructure Development - Completing the Incomplete Obama Administration Spectrum Report Card , by Randolph J. May and Gregory J. VogtRemarks of Daniel Lyons at FSF’s Tenth Anniversary Gala Luncheon , by Daniel A. LyonsOne Obama Executive Order That Makes Sense: A Mandate to Trim Outmoded Rules Is One Trump Should Keep , by Randolph J. May2015 A Question for 2015: Is the FCC Unlawful? No. 3: Is the FCC Unlawful? No. 4: Market Forces, Not Gaming, Should Govern the Incentive Auction No. 5: Defining Broadband Progress Down No. 6: Don't Let Governments Own the Internet's Future Regulating Under the Influence: The FCC’s Title II Initiative for Broadband , by Dennis L. Weisman No. 8: The FCC’s Coming Internet Regulations - Obama’s Wishes Supersede Agency Independence No. 9: Regulating the Most Powerful Network Ever No. 10: Regulation Won’t Preserve a Dynamic and “Open” Internet Robert W. CrandallNo. 11: Municipal Broadband Networks Present Serious First Amendment Problems No. 12: Title II Reclassification Is Rate Regulation No. 13: Is the FCC Lawless? No. 14: Regulating Net Neutrality: Who Will the FCC Really “Protect”? No. 15: FCC Should Adopt the Deregulatory Proposal for Local Cable Rates No. 16: Is the Internet's Future One of Innovation or Government Control? No. 17: The Research is Clear: The U.S. Invests More in Broadband Than Europe No. 18: Why Chevron Deference May Not Save the FCC’s Open Internet Order – Part I No. 19: Why Chevron Deference May Not Save the FCC’s Open Internet Order – Part II No. 20: Regulating Interconnection (Lightly!) No. 21: FCC Should Be Clear and Consistent on Effective Competition in Wireless Market No. 22: Eight Takeaways From the FTC’s Sharing Economy Worksho No. 23: Chevron Decision’s Domain May Be ShrinkingNo. 24: Keeping Up with the Market: The Urgent Need for More Spectrum No. 25: The Future of Spectrum Policy No. 26: Avoiding a Train Wreck: Giving Government a Market Incentive to Vacate Spectrum No. 27: The FCC Flouts the Rule of Law No. 28: Challenging the FCC’s Unlawful Open Internet Order (Gus) HurwitzNo. 29: Charter-Time Warner Cable Merger Promises Consumer Benefits: Should Boost Broadband and Competition No. 30: FCC Should Finally Sunset Its VCR-Era Video Device Regulations No. 31: Why Intellectual Property Rights Matter - The Founders Believed Ownership of One’s Labor Is a Natural Righ No. 32: Lincoln, Labor and Intellectual Property Rights No. 33: Appreciating Intellectual Property Rights on Constitution Day No. 34: The Crucial Spectrum Mission Is Far From Accomplished No. 35: The Constitutional Foundations of Intellectual Property No. 36: Municipal Broadband Networks in Court: Why Is the FCC Ignoring First Amendment Violations? by Enrique Armijo No. 37: The Great Digital Broadband Migration – and Communications Policy Today No. 38: The Copyright Alliance That Shaped Our Constitution No. 39: Net Neutrality, Administrative Procedure, and Presidential Overreach No. 40: The FCC, Still Lawless No. 41: The Administrative Process, the Legislative and Executive Branches, Net Neutrality, and Disclosure Response: The Administrative Process, the Legislative and Executive Branches, Net Neutrality, and Disclosure , by Enrique Armijo2014 Obama's War on Inequality Presaged by De Tocqueville No. 2: A New Digital Age Communications Act: Regulations Should Reflect Marketplace Changes by Randolph J. May No. 3: Five Faulty Premises in Telecom Policy Debates No. 5: Some Initial Reflections on the D.C. Circuit's Verizon v. FCC Net Neutrality Decision No. 6: The Problem With Net Neutrality: Internet Regulation Is a Losing Gambit for a Fast Moving, Innovative Industry No. 7: Regulation in a Digital Age: We Need to Move from Regulations Crafted in 1934 to Ones Crafted for 2034 No. 8: A Costly Affair: Retaining Outdated Set-top Box Mandates? No. 9: Cable Merger Shows How Legacy Language Leads to Outdated Policy No. 10: FCC Preemption of State Bans on Municipal Broadband Networks Is Most Likely Unlawful No. 11: Peering into the Comcast-Netflix Deal No. 12: FCC, Broadband and Fallacy of Government 'Competition': Municipal Operations Would Have an Unfair Advantage Over Private Enterprise Obama May Give Internet Control to ‘Global Community’: Authoritarians Eager to Pick Up What U.S. Gives Up, Freeing the Internet for Censorship No. 14: States Can Promote Next-Generation Wireless by Removing Regulatory Barriers No. 15: McCutcheon Decision Shows Supreme Court Split on Individual Free Speech Versus 'Collective Voice,' No. 16: Getting Risk and Reward Right in the Incentive Auction No. 17: Use Your Lifeline: Lifeline and the Lifeline Broadband Pilot Program Can Support the IP Transition No. 19: Return of the 'Net Neutrality' Scheme: Regulation Backers Are Turning Up the Volume for Internet Regulation No. 20: The Comcast/Time Warner Cable Deal: Keep the Focus on the Consumer Welfare Benefits No. 21: U.S. vs. European Broadband Deployment: What Do the Data Say? No. 22: Compelled Disclosure of Internet Interconnection Agreements Creates Anticompetitive Risks No. 23: FCC Should Not Presume It Can Regulate the Internet No. 24: Sharing the Road: When Hogging Spectrum Lanes Requires Redirecting Government Traffic , by Gregory J. VogtNo. 26: The Sharing Economy: A Positive Shared Vision for the Future No. 27: The FCC Shouldn't Go Down the Primrose (Preemption) Path No. 28: Happy 30th Anniversary, Chevron! No. 29: Net Neutrality v. Consumers No. 30: Happy 30th Anniversary, Chevron - Part II No. 32: Thinking the Unthinkable: Imposing the "Utility Model" on Internet Providers No. 33: Court Ruling Reaffirming State Copyright Protections Should Prompt Congress to Consider RESPECT Act No. 34: Don't Convert Internet Providers into Public Utilities No. 35: FCC Must Quit Twisting Section 706 Reports No. 36: Open Internet and the Law, or Removing the Cart from Afore the Horse No. 37: Endless Craving for Internet Control No. 39: Hands Off the Web “Where’s the Beef?” No. 41: Obama's Involvement Jeopardizes FCC's Net Neutrality Efforts , by Randolph J. May No. 42: FCC Internet Regulation Would Hit Consumers with Hidden Fees No. 43: Title II Would Not Just Harm Consumers, It Would Harm Workers Too , by Michael J. HorneyNo. 44: U.S. Net Neutrality Campaign Enables Foreign Governments' Internet Control 2013 No. 1: Regulators Can’t Be Trusted to Self-Regulate - High Court Can Halt Expansion of Administrative State , by Randolph J. May A Mobile Device Is Not Your Grandmother's Telephone Anymore: It's A Mobile Health Center Reforming the FCC's Processes for Digital Age Effectiveness and Efficiency Maryland Must Improve Its Economic Climate to Realize Broadband Benefits A Recent Appeals Court Ruling on Ancillary Power Limits Could Curb Regulatory Overreach The Perilous Position of the Rule of Law and the Administrative State Sharing Licensed Spectrum with Government Lessens Prospects for Wireless Broadband A Chairman – or Chairwoman – of Restraint The Challenge of VoIP to Legacy Federal and State Regulatory Regimes 'Broadband Tax' Will Stifle Investment in TN "Low-Ranking" Counterproductive Video Regulations Offer Valuable Lessons Convergent Market Calls for Serious Intermodal Competition Assessments A Historian for the FCC A La Carte Cable by Demand No. 16: The Case for Program Carriage Reform No. 18: FCC Must Maintain Open Eligibility for Incentive Spectrum Auction Section 706's Deregulatory Directive: Accelerate Broadband by Removing Regulatory Barriers Let Them Eat Cake and Watch Netflix Proposals Like the AT&T/Leap Merger Promise Consumer Benefits No Picking Favorites: The Proper Approach to the Upcoming Incentive Auction Two Sides of the Internet’s Two-Sidedness: A Consumer Welfare Perspective Consumers Would Benefit from Deregulating the Video Device Market Finally, A Chance for Bipartisan Agreement: The Permanent Internet Tax Freedom Act Why the FCC Needs to Get With the Times, Finally It’s Time to Remove the Costly Integration Ban When Is an Incentive Not an Incentive? No. 31: Cooperative Federalism and the IP Transition: The Need to Clarify Federal Jurisdiction Over IP-based Services Consumer Welfare as the New Cornerstone for Communications Policy: The FCC Should Focus on Efficient Market Processes That Benefit Consumers No. 33: Will High Retransmission Consent Fees Hamper a Successful Incentive Auction? No. 34: Restoring Limits on the FCC's Ancillary Authority No. 35: Less Is Not Necessarily More No. 1: Applying Hayekian Principles to Communications Policy , by Randolph J. May No. 2: Overhauling the Communications Act: Free Market Reform for the 21st Century , by Randolph J. May No. 3: Re-Reforming Telecom Regulation: Power-Grabbing Bureaucracy Undermined 1996 Effort , by Randolph J. May No. 4: Stifling the Spectrum Market: The Negative Implications of the AT&T/Qualcomm Order , by Seth L. Cooper No. 5: Spectrum Auctions and Communications Policy Reform , by Randolph J. May No. 6: The First Amendment for the Digital Age: A Case for Treating Modern Technologies Equally , by Seth L. Cooper No. 7: 4G Wireless Networks Need Relief from Cell Siting Barriers: Economy Would Benefit Through New Jobs and Investment No. 8: Repurposing The FCC Any New Privacy Regime Should Mean an End to FCC Privacy Powers AAI's False Alarms About Wireless Ring Hollow Digital Downloads Should Be Protected from Discriminatory and Duplicate Taxes Accelerate New Video Breakthroughs by Rolling Back Old Regulations If Communications Policy Were a Campaign Issue No. 14: Questioning the Premises of DOJ's Usage-Based Pricing Investigation No. 15: The FCC and the Rule of Law Sledgehammering the False Narrative For Regulating Broadband Internet No. 17: FCC Over-Regulation of Video Services Undermines Free Speech No. 18: The FCC Should Conform to Rule of Law Norms The FCC's Mobile Data Inquiry: No New Privacy Regulation Needed The FCC’s Barrier Study - Back to the 'Future of Media' and Media Ownership? Don't Neuter The First Amendment In The Digital Age Jose Mas Builds American Dream Regulatory Forbearance and the Rule of Law - The FCC's Arbitrary and Capricious Obstruction of Deregulation A Failure to Communicate at the FCC No. 25: FCC's Video Report Reveals Disconnect Between Market's Effective Competition and Outdated Regulation No. 26: Keep Online Video Free from FCC Regulation The Psychology of Abundance and the Realities of Regulatory Micromanagement No. 28: Help Teach Our Teens Not to Text and Drive Spectrum Rules for Reducing Uncertainty Must Reject Unduly Regulatory FCC Precedents AllVid Regulation Risks Harm to Next-Generation Video Innovation Vindicating A Voluntary Process For Protecting Digital Privacy Why Broadband Pricing Freedom Is Good For Consumers No. 33: City of Arlington v. FCC: Questioning an Agency's Authority to Determine Its Own Jurisdiction Putting Music Copyright Policy on a Free Market Footing Businesses, Consumers Need a Break on Wireless Taxes - Cellular Service Is a Necessity, But It's Taxed Like a Luxury The FCC Risks Over-Conditioning the Comcast-NBCU Merger No. 2: Lessons for Modern Regulators from Hippocrates, Schumpeter and Kahn , by Dennis L. Weisman and Glen O. Robinson No. 3: Property, Regulatory Policy, or Hybrid? The Elusive Status of Intellectual Property , by Richard A. Epstein No. 4: Opening the Internet to Regulation: Assessing Risks of the FCC's Failure to Limit Its New Powers , by Seth L. Cooper No. 5: Opening the Internet to Regulation II: How Set-Top Box Merger Conditions Foreshadow Broadband Content Controls , by Seth L. Cooper No. 6: Violent Games Marketed To Kids: 'M'-Rated Products Show Up On Teen Channels , by Deborah Taylor Tate No. 7 : The FCC and the Unfair Market for TV Program Rights , by Bruce M. Owen No. 8: The AllVid Proposal's First Amendment Problem: Exploring the FCC's Constitutionally Defective Device Regulation , by Seth L. Cooper No. 9: Children's Use of Technology Demands Our Attention , by Deborah Taylor Tate No. 10: A Modest Proposal for FCC Regulatory Reform , by Randolph J. May No. 11: Rolling Back Regulation at the FCC: How Congress Can Let Competition Flourish , by Randolph J. May No. 12: There Are Too Few Positive Media Role Models for Children , by Deborah Taylor Tate No. 13: Chevron Deference for Jurisdictional Claims, by Daniel A. Lyons No. 14: FCC Should Reprogram its Program Carriage Regulation: Giving the First Amendment Its Due Respect , by Seth L. Cooper No. 15: MMTC and Clear Channel Continue to Work Toward Greater Media Diversity , by Henry Rivera and Deborah Taylor Tate No. 16: FCC Should Stop Refusing to Acknowledge Wireless Competition , by Seth L. Cooper No. 17: Section 652 Cross-Ownership Ban Shouldn't Apply to Cable Operators and CLECs , by Seth L. Cooper No. 18: The Future of Media Report: When Future Success Requires Abandoning Past Regulatory Failures , by Donna Coleman Gregg No. 19: FCC's Proposed "AllVid" Regulation Ill-Suited to Today's Dynamic Market , by Seth L. Cooper No. 20: Join Dialogue on Healthy Images for Women, Girls y Deborah Taylor Tate Abolish Access Charges Now , by Gerald W. Brock New FCC Regulations Reduce Investment and Hinder Job Creation , by Randolph J. May and Seth L. Cooper No. 23: Constitution Day at the FCC - 2011 by Randolph J. May No. 24: Schools Enter Digital Conversation: Educating Kids On Social Networking Is Best Solution , by Deborah Taylor Tate No. 25: It's the Consumer, Stupid , by Randolph J. May No. 26: The Department of Justice's Case Against the AT&T/T-Mobile Merger: A Faulty Static Marketplace Vision , by Randolph J. May and Seth L. Cooper No. 27: The First Amendment Future of Modern Media and Political Campaign Speech Regulation , by Seth L. Cooper No. 28: Proposed FCC Incentive Spectrum Auctions: The Importance of Re-Optimizing Spectrum Use , by Michelle Connolly No. 29: Taxing Ad Affiliate Internet Sales Would Be Maryland's Mistake , by Seth L. Cooper No. 30: The FCC Should Keep Broadband Free From Analog-Era Outage Regulations , by Seth L. Cooper No. 31: Build Back That Broadband Wall: FCC Assaults Modern Telecom Services With Old-Fashioned Rules , by Randolph J. May No. 32: The FCC Staff's Report Against the AT&T/T-Mobile Merger: A Critical Analysis , by Randolph J. May and Seth L. Cooper No. 1: The Convergence of Broadcasting and Telephony: Legal and Regulatory Implications No. 2: Overregulating the Internet , by Randolph J. May No. 3: What Citizens United Means for Free Speech in the Digital Age , by Seth L. Cooper No. 4: The Comcast and NBCU Merger: The Upside Down Analysis of Dr. Mark Cooper , by Richard A. Epstein No. 5: Reject the Internet "Public Option," by Randolph J. May No. 6: The Dogmatic Posture of a Consumer Advocate: A Second Response to Mark Cooper , by Richard A. Epstein No. 7: The Deregulatory First Amendment: How Video Competition and Free Speech Will Reduce Regulation , Seth L. Cooper No. 8: A New Direction for Net Neutrality , by Randolph J. May No. 9: Leave It to Business, Not Government , by Deborah Taylor Tate No. 10: Why the FCC's Broadband Plans Got Smacked Down , by Randolph J. May No. 11: The Key to Media's Digital Future: First Amendment Freedom, Not Desperate Measures , by Donna Coleman Gregg No. 12: Hooks Unselfishly Paved the Way for Others , by Deborah Taylor Tate No. 13: A Tangled Web: Moving from "Open and Free" to "Safe and Secure" , by Deborah Taylor Tate No. 14: The FCC's "Future of Media" Project: "Let Them Eat Broccoli," by Glen O. Robinson No. 15: FCC Won't Face Up to Wireless Competition: Misreading the Writing on the Wall , by Seth L. Cooper No. 16: The "Third Way" for Broadband Regulation: Goldilocks or the Big Bad Wolf? , by Dennis L. Weisman No. 17: The Distinction Between Law and Politics , by Randolph J. May No. 18: Forbearance Follies: What the FCC's New Framework Portends for the "Third Way," by Seth L. Cooper No. 19: Don't Stifle Internet Services With More Regulation , by Deborah Taylor Tate No. 20: The Coming Fifth Amendment Challenge to Net Neutrality Regulation , by Daniel A. Lyons No. 21: Food for Thought Regarding Broadband Progress , by Deborah Taylor Tate No. 22: The Middle Way to Internet Regulation , by Glen O. Robinson No. 23: All Americans Should Have Reliable Wireless Access , by Deborah Taylor Tate No. 24: Broadcast Retransmission Negotiations and Free Markets , by Randolph J. May No. 25: The FCC's Continuing, Costly Video Navigation Device Regulation , by Seth L. Cooper No. 26: He Has a World of Our Information in His Hand , by Deborah Taylor Tate No. 27: Don't Let "Bill Shock" Regulation End Light-Touch Treatment of Wireless , by Seth L. Cooper No. 28: For MSNBC, Comcast Represents Not A Threat, But An Opportunity , by Daniel A. Lyons No. 29: The FCC's Fatal Conceit , by Randolph J. May No. 30: FCC Regulators Turn Their Eyes to the Internet , by Randolph J. May No. 31: Multiple Government Regulatory Reviews Burden Telecom Mergers with Too Many Conditions , by Seth L. Cooper 2009 Fresh Thinking on Special Access Broadband Stimulus: Prudent Minimalism Will Lead to Maximum Impact A Spending Problem Give Consumers a Tax Break Now A Better Way to Manage Spectrum Curing Maryland's Structural Deficits: A Call for Mandate Reform No. 7: The "Free Press" Free Lunch Good Laws Spur Technology, Investment State's Budget Balancing Act Is a Short-Term Fix Deconstructing "Dismantling Digital Deregulation" - Part II How Is StateStat Working? A Good Management Tool, but Defective on Accountability Vaunted StateStat Falls Short of Real Accountability Delaying Deregulation: Forbearance at the FCC Assessing the FCC's Competition-Assessing Competence Paying For Use Is Fair The Hazards of Prescriptive Regulatory Intervention in a Rapidly Changing Market Why Public Broadcasting Isn't a Model for Newspapers Saving Mt. Wilson - and Increasing Spectrum Efficiency The Faulty Berkman Report: "The Fallacy of Overlooking Secondary Consequences," No. 20: Let Competition and Choice Check Wireless ETFs Voiding the Constitution Guard Children from Dangers Online No. 1: Random Acts of Taxation No. 2: Bundles of Joy: The Ubiquity and Efficiency of Bundles in New Technology Markets Rep. Markey's Internet Bill: Curiously Off the Mark No. 4: Reckless Spending , by Cecilia Januszkiewicz No. 5: On Market Power and the Power of Markets: A Schumpeterian View of Dynamic Industries , by Dennis L. Weisman No. 6: At FCC, Change Must Be the Mantra , by Randolph J. May No. 7: The Illusion of Declining Revenues, Reduced Spending , by Cecilia Januszkiewicz No. 8: Dealing with Health Care Costs for State Retirees , by Cecilia Januszkiewicz No. 9: The FCC's Sometimes Wayward Course , by Randolph J. May No. 10: The Temptation of Media Regulation , by Bruce M. Owen No. 11: Why Forbearance History Matters , by Randolph J. May No. 12: Avoiding Structural Deficits in Maryland: Recommendations for Reform , by Cecilia Januszkiewicz The FCC v. Indecency: George Carlin Remembered No Time for Mere Catch Arguments No. 15: A Spending Problem Deregulation as Scapegoat The Last 100 Days No. 18: Short of Statutory Right, Contrary to Constitutional Right Don't Foil the Digital Age No. 20: Structural Solutions for Maryland's Structural Deficit: Pathways to Reform Devaluing Spectrum The Never-Ending Maryland Structural Deficit , Cecilia Januszkiewicz Net Neutrality and the Problems with Policymaking Through Merger Conditions , by Christopher S. Yoo No. 2: Sidestepping the Net Neutrality Boondoggle , by Randolph J. May No. 3: Communications Policy Pirouettes , by Randolph J. May No. 4: Put Maryland Spending on the Web , by Trevor Bothwell No. 5: New Executive Order and OMB Bulletin Focus on Agency Guidance , by Robert A. Anthony No. 6: Special Access and the FCC's Broken Merger Review Process , by Randolph J. May No. 7: FCC Should Let Bygones Be Bygones , by Randolph J. May No. 8: Blue Jeans, Vodka, and Wireless Services , by Randolph J. MayNo. 9: Net Neutrality Is A Federal Issue , by James B. Speta No. 10: Illogical Net Neutrality Idea , by Randolph J. May No. 11: The Net Neutrality Debate: Twenty Five Years After United States v. AT&T and 120 Years After the Act to Regulate Commer c eNo. 12: Bring Transparency and Accountability to Maryland Government , by Randolph J. May No. 13: Is Uncle Sam Serious About Sirius-XM? , by Randolph J. May No. 14: The Constitution, A La Carte , by Randolph J. May No. 15: Sideline Frontline , by Randolph J. May No. 16: Special Access and Regulatory Principles: The Market-Oriented Case Against Going Backwards , by Randolph J. May No. 17: Don't Let Net Neutrality Go Airborne , by Randolph J. May No. 18: The Federal Unbundling Commission? , by Randolph J. May No. 19: Reject Demands for Bundling , by Randolph J. May No. 20: Net Neutrality and Spectrum Auctions: Lessons from History , by Richard A. Epstein No. 21: Decoupling and Energy Conservation , by Randolph J. May No. 22: What Does 'Open Access' Mean? , by Randolph J. May No. 23 : Time for Maryland to Face Its Health Benefits Burden , by Randolph J. May No. 24: Constitution Day at the FCC , by Randolph J. May No. 25: The FCC Shouldn't Stand for the Forgotten Constitution Commission , by Solveig Singleton No. 26: Net Neutrality, Freedom, and First Principles , by Randolph J. May No. 27: Wireless Works--Without More Regulation , by Solveig Singleton No. 28: Put Universal Service Reform Near Top of FCC's Agenda , by Randolph J. May No. 29: The Unbundling Panel , by Randolph J. May and Christopher S. Yoo No. 1: Liberty Versus Property: Cracks in the Foundation of Copyright Law , by Richard A. Epstein No. 2: First Amendment: Net Neutrality Issues , by Randolph J. May Montgomery County's Outdated Policies Hurt Cable Consumers , by Randolph J. May Net Neutrality Mandates: Neutering the First Amendment in the Digital Age , by Randolph J. May No. 5: Net Neutrality and Free Speech , by Randolph J. May No. 6: Heading Off a Potential FCC Debacle , by Randolph J. May Don't Inflict Analog Era Equipment Rules on the Digital Age , by Randolph J. May No. 8: Media Ownership--Drop Outdated Rules , by Randolph J. May No. 9: The War Behind That Black Box on Top of Your Television Set , by Randolph J. May