Perspectives From FSF Scholars
2019
No. 1: The FCC Should Employ Rebuttable Presumptions to Reduce Unnecessary Regulation , by Randolph J. May No. 2: Reconciling Administration and Constitutionalism in Early America , by Joseph Postell No. 3: Adopting Rebuttable Presumptions at the FCC , by Randolph J. MayNo. 4: Express and Conflict Preemption of State Net Neutrality Efforts , by Daniel A. Lyons No. 5: The 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. Cooper No. 6: FCC Report Indicates a Competitive Communications Marketplace: Future Reports Should Make Cross-Platform Substitution Findings , by Seth L. Cooper No. 7: The Race for Global 5G Leadership: Where Are We Now? by Gregory J. Vogt No. 8: Thinking the Unthinkable – Part IV , by Randolph J. May No. 9: Protecting Privacy on the Internet: Key Principles for Any Reform , by Theodore R. Bolema No. 10: Thinking the Unthinkable – Part V , by Randolph J. May No. 11: The Strange and Fascinating Save the Internet Act , by Daniel T. Deacon No. 12: Trade Agreements Should Include Stronger Online Copyright Protections , by Seth L. Cooper No. 13: Getting to "Yes" on Allocating Identified 5G Mid-Band Spectrum , by Gregory J. Vogt No. 14: State Net Neutrality Mandates and the Dormant Commerce Clause: Some Preliminary Thoughts , by Daniel A. Lyons No. 15: A Tale of Two Administrations: Prying Valuable 5G Spectrum from Government Hands , by Gregory J. Vogt No. 16: The DOJ Needs to Reconsider Market Definition for Advertising Markets , by Theodore R. Bolema No. 17: A Free Market Approach Should Be Used to Reallocate C-Band Spectrum , by Randolph J. May and Gregory J. Vogt No. 18: The FCC (and Administrative Law) at the Supreme Court, October Term 2018 , by Christopher J. Walker No. 19: D.C. Circuit Decision Represents Setback to Next-Generation Network Deployment Efforts , by Daniel A. Lyons No. 20: Reforming the FCC's Internet Protocol Captioned Telephone Service Program , by Randolph J. May No. 21: Volition Has No Role to Play in Determining Copyright Infringements , by Randolph J. May and Seth L. Cooper No. 22: Progressivism and the Beginnings of the True Administrative State , by Joseph Postell No. 23: The FCC Should Halt Bogus Lawsuits Threatening Popular Texting Services , by Seth L. Cooper No. 24: Resurgence in Broadband Deployment Vindicates FCC's Pro-Investment Policies , by Seth L. Cooper No. 25: Streamlining Adjudications at the FCC , by Randolph J. May 2018
No. 1: A Case of Hypocrisy - Government Network Censors Support Net Neutrality for Private ISPs , by Enrique Armijo No. 2: Why Consumers Won’t Be Left Unprotected , by Randolph J. May and Seth L. Cooper No. 3: Maryland Is Undergoing Meaningful Regulatory Reform , by Randolph J. May and Michael J. Horney No. 4: A Critical Assessment of Harvard's “Community-Owned Fiber Networks: Value Leaders in America” Study , by Theodore R. Bolema and Michael J. Horney No. 5: State Executive Orders Reimposing Net Neutrality Regulations Are Preempted by the Restoring Internet Freedom Order , by Seth L. Cooper No. 6: The Proper Context for Assessing the AT&T/Time Warner Merger , by Theodore R. Bolema No. 7: Chevron and Net Neutrality at the FCC , by Randolph J. May No. 8: Modernizing 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. Cooper No. 9: FCC Back on Track Promoting Broadband Deployment to All Americans , by Seth L. Cooper No. 10: Reaching Rural America: Free Market Solutions for Promoting Broadband Deployment , by Michael J. Horney No. 11: A Critique of the ACLU’s “Public Internet Option” Study , by Theodore R. Bolema No. 12: Just a Shadow of the Old ACLU , by Randolph J. May and Theodore R. Bolema No. 13: Bureaucracy in America: A Constitutional Approach to Administration , by Joseph Postell No. 14: World IP Day – An Opportune Time to Modernize Music Copyright Protections , by Randolph J. May and Seth L. Cooper No. 15: Copyrights and Patents, Piracy and Theft , by Randolph J. May and Seth L. Cooper No. 16: Free Market Policy Prescriptions for the Internet of Things , by Seth L. Cooper No. 17: Why Economists Consistently Support Free Trade Policies , by Theodore R. Bolema No. 18: The Net Neutrality CRA Would Remove FTC Privacy Protections , by Randolph J. May No. 19: The Framers Establish an Administrative Constitution , by Joseph Postell No. 20: Woodrow Wilson’s Case Against the Constitution , by Randolph J. May No. 21: Spectrum Above 95 GHz: An Opportunity to Implement a Property Rights-Oriented Approach , by Theodore R. Bolema No. 22: The Congressional Review Act and the Toxic Politics of Net Neutrality , by Daniel A. Lyons No. 23: Modernizing Criminal Copyright Law to Combat Online Piracy , by Randolph J. May and Seth L. Cooper No. 24: After AT&T/Time Warner, Antitrust Authorities Should Abandon Their Craft , by Randolph J. May & Theodore R. Bolema No. 25: Big City Municipal Broadband: Repackaging Net Neutrality Arguments Won’t Fly , by Theodore R. Bolema and Michael J. Horney No 26: T-Mobile/Sprint Merger Could Fast-Forward Mobile Consumers to the 5G Future , by Seth L. Cooper No. 27: T-Mobile/Sprint Merger Offers Public Interest Benefits: Likely Presents a Fast Track to 5G , by Randolph J. May and Seth L. Cooper No. 28: Judge Kavanaugh and the 'Chevron Deference,’ by Randolph J. May No. 29: FCC’s Proposals Promoting Infrastructure Deployment Don’t Violate Anti-Commandeering Rule , by Seth L. Cooper No. 30: California Privacy Law Will Increase the Cost of Accessing Online Content , by Michael J. Horney No. 31: Deregulating the Video Marketplace , by Randolph J. May No. 32: Judge Brett Kavanaugh’s Views on Chevron Deference at the FCC and Beyond , by Christopher J. Walker No. 33: Why Google's Search Results Must Not Be Regulated , by Randolph J. May No. 34: California Net Neutrality Bill Would Stifle Network Investment , by Randolph J. May and Michael J. Horney
No. 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. May No. 38: John Marshall's Jurisprudence Supports the FCC's 5G Preemption Order , by Randolph J. May and Seth L. Cooper No. 39: The DOJ’s Rather Unusual AT&T/Time Warner Merger Appeal , by Theodore R. Bolema No. 40: E-Rulemaking and the Politicization of the Comment Process , by Daniel A. Lyons No. 41: John Marshall's Jurisprudence Supports Preemption of California Law Regulating Broadband Internet Services , by Randolph J. May and Seth L. Cooper No. 42: Modernizing International Agreements to Combat Copyright Infringement , by Randolph J. May and Seth L. Cooper No. 43: Revisiting the Comcast/NBCU Merger: Antitrust Claims Have Even Less Merit Than in 2011 , by Theodore R. Bolema No. 44: Putting Today's Mobile Broadband Marketplace in Context , by Randolph J. May and Michael J. Horney No. 45: D.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. May No. 3: CenturyLink/Level 3 Merger Should Bring Pro-Competitive Public Benefits , by Seth L. CooperNo. 4: A Proposal for Improving the FCC’s Forbearance Process , by Randolph J. May and Seth L. Cooper No. 5: A Proposal for Reforming the FCC’s Video Competition Policy , by Randolph J. May and Seth L. Cooper No. 6: A Proposal for Improving the FCC’s Regulations Impacting Small Businesses , by Randolph J. May and Seth L. Cooper No. 7: A Proposal for Spurring New Technologies and Communications Services , by Randolph J. May and Seth L. Cooper No. 8: 6 Ways Chairman Pai Can Stop FCC Overreach , by Randolph J. May and Seth L. Cooper No. 9: A Proposal for Improving the FCC’s Merger Review Process , by Randolph J. May No. 10: The Right Way to Protect Privacy Throughout the Internet Ecosystem , by Daniel A. Lyons No. 11: Understanding Why More Regulation Means Less Investment , by Theodore R. Bolema No. 12: Preserving a Lifeline to Close the Digital Divide , by Randolph J. May No. 13: Too Much Unnecessary Regulation Is Impeding Telecom Investment , by Theodore R. Bolema No. 14: Protect Intellectual Property Rights on World IP Day – and Every Day , by Randolph May and Seth Cooper No. 15: Now Is the Time for MOBILE NOW , by Gregory J. Vogt No. 16: Allow Paid Prioritization on the Internet for More, Not Less, Capital Investment , by Theodore R. Bolema No. 17: Restoring Internet Freedom: Rolling Back “Net Neutrality” Will Restore Innovation to Broadband Transmission , by Randolph J. May No. 18: FCC Return to 'Light Touch' Regulation Would Encourage Capital Investment , by Theodore R. Bolema and Michael J. Horney No. 19: The Common Purposes of Intellectual Property and Antitrust - Promoting Creative and Innovative Output , by Randolph J. May and Seth L. Cooper No. 20: When You Think Infrastructure, Think FCC , by Randolph J. May No. 21: The Problem with Municipal Broadband and Solutions for Promoting Private Investment , by Theodore R. Bolema and Michael J. Horney No. 22: An Internet Plebiscite: Putting Public Pressure on the FCC Won’t Produce Better Communications , by Randolph J. May No. 23: An Assessment of the FCC’s Proposal to Conduct a Cost-Benefit Analysis , by Theodore R. Bolema No. 24: D.C. Circuit Ruling Supports FCC’s Use of Deregulatory Presumptions , by Randolph J. May and Seth L. Cooper No. 25: Why Municipalities Should Stop Trying to Subsidize Broadband Access , by Theodore R. Bolema and Michael J. Horney No. 26: The Danger Posed by the Growing Administrative State: The Cost of Regulations Is Almost Always Underestimated and Innovation Is Stifled , by Randolph J. May No. 27: Antitrust Provides a More Reasonable Framework for Net Neutrality Regulation , by Joshua D. Wright No. 28: Real 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 , by Gregory J. Vogt No. 31: Toll-Free Assignment Modernization and the Triumph of Coase , by Daniel A. Lyons No. 32: Recent Claims of Internet “Throttling” Do Not Justify a Bright-Line Ban , by Theodore R. Bolema No. 33: INCOMPAS Mischaracterizes FSF’s Cost-Benefit Analysis Comments , by Theodore R. Bolema No. 34: Ignoring the Inconvenient Truth of Effective Wireless Competition , by Seth L. Cooper and Michael J. Horney No. 35: The FTC Has the Authority, Expertise, and Capability to Protect Broadband Consumers , by Theodore R. Bolema No. 36: Net Neutrality Regulation, Investment, and the American Internet Experience , by James E. Prieger No. 37: Modernizing the Copyright Office for the Digital Age Economy , by Randolph J. May and Seth L. Cooper No. 38: Remove Barriers to Broadband Deployment , by Theodore R. Bolema No. 39: It's Time for the FCC to Relinquish Control of Media Ownership , by Randolph J. May and Seth L. Cooper No. 40: Revisiting Net Neutrality , by Daniel A. Lyons No. 41: Chevron Deference at the FCC – An Empirical Assessment from the Circuit Courts , by Christopher J. Walker No. 42: Why America Needs an Updated Communications Act , by Randolph J. May and Seth L. Cooper No. 43: The Justice Department Will Need a Stronger Case Against the AT&T/Time Warner Merger , by Randolph J. May and Theodore R. Bolema No. 44: AT&T-Time Warner Suit a First , by Theodore R. Bolema No. 45: Reactions 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. Yoo No. 46: Unalienable Rights and Alienable Intellectual Property – Why “Moral Rights” Should Not Be Imported into U.S. Copyright Law , by Randolph J. May and Seth L. Cooper No. 47: The Sunshine Act and Transparency at the FCC , by Randolph J. May No. 48: The FCC’s Defining Case for Repealing Internet Regulations , by Seth L. Cooper No. 49: Fred Kahn at 100 - A Brief Look Back at the Man and the Principles He Championed , by Dennis L. Weisman
2016
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! by Randolph J. May No. 3: The Logic of International Intellectual Property Protection , by Randolph J. May and Seth L. CooperNo. 4: Achieving Efficient Government and Regulatory Reform in Maryland , by Randolph J. May and Michael J. Horney No.5: 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 , by Randolph J. MayNo. 7: Protecting Global IP Rights Is an Economic Imperative , by Randolph J. May and Seth L. CooperNo. 8: FCC's 'Permission-Denied' Policy for Video Devices Is Wrong , by Randolph J. May and Seth L. Cooper No.9: George Washington: Indispensable to Intellectual Property Rights in America , by Randolph J. May and Seth L. Cooper No. 10: FCC’s Cognitive Dissonance Leads to Regulatory Policy Run Amok , by Randolph J. May No. 11: The MOBILE NOW Act: An Important Step Forward , by Gregory J. VogtNo. 12: The FCC’s Flawed Understanding of Competition , by Randolph J. May No. 13: The Public Contract Basis of Intellectual Property Rights , by Randolph J. May and Seth L. Cooper No. 14: Copyright '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 , by Randolph J. May and Gregory J. VogtNo. 16: Video Report Data Undermine the FCC’s Rationale for New Device Regulation , by Seth L. Cooper No. 17: 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 , by Seth Cooper, Gus Hurwitz, Daniel Lyons, and Richard EpsteinNo. 19: With Last-Minute Regulations, FCC Has Its Eye on the Clock , by Randolph J. MayNo. 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 , by Daniel A. LyonsNo. 22: Is the Open Internet Order an “Economics-Free Zone”? by Tim BrennanNo. 23: FCC's Vague "General Conduct" Standard Deserves Closer Legal Scrutiny , by Seth L. CooperNo. 24: The FCC Is Poised to Achieve a Major Milestone Advancing 5G Wireless Services , by Gregory J. VogtNo. 25: Our Divisive Times: What Would Madison Say? by Randolph J. May No. 26: 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 , by Randolph J. May and Seth L. Cooper No. 28: 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? by Tim BrennanNo. 30: Rescuing Broadband from Government Interference: The FCC Overstepped in Allowing Municipalities to Own Networks , by Seth L. CooperNo. 31: The FCC’s Internet Access Report Ignores Broadband Market Realities , by Seth L. Cooper and Michael J. HorneyNo. 32: FCC Chairman Tilts the Seesaw Toward Regulation , by Randolph J. MayNo. 33: The FCC's Regulatory Barrage Imperils Broadband's Future , by Seth L. CooperNo. 34: FCC's New Regulations Threaten Broadband Investment , by Seth L. Cooper No. 35: Wireless Report Evidence of Effective Competition Contradicts the FCC’s Pro-Regulatory Agenda , by Seth L. Cooper No. 36: Avoid Creating Ruts in the 5G Runway: The Potential Pitfalls of the Spectrum Frontiers Proceeding , by Gregory J. Vogt No. 37: In Defense of Vagueness , by Jonathan Blake No. 38: Response: In Defense of Vagueness , by Seth L. Cooper No. 39: Intellectual 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 , by Seth L. Cooper No. 41: 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 , by Daniel A. Lyons No. 43: How the FCC Can Eliminate Unnecessary Regulations , by Seth L. Cooper No. 44: Focusing on Communications Infrastructure Development - Completing the Incomplete Obama Administration Spectrum Report Card , by Randolph J. May and Gregory J. Vogt No. 45: Remarks of Daniel Lyons at FSF’s Tenth Anniversary Gala Luncheon , by Daniel A. Lyons No. 46: One Obama Executive Order That Makes Sense: A Mandate to Trim Outmoded Rules Is One Trump Should Keep , by Randolph J. May
2015 No. 1: A Question for 2015: Is the FCC Unlawful? by Randolph J. May No. 3: Is the FCC Unlawful? by Randolph J. MayNo. 4: Market Forces, Not Gaming, Should Govern the Incentive Auction , by Gregory J. VogtNo. 5: Defining Broadband Progress Down , by Randolph J. MayNo. 6: Don't Let Governments Own the Internet's Future , by Seth L. Cooper No. 7: 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 , by Randolph J. MayNo. 9: Regulating the Most Powerful Network Ever , by Justin (Gus) HurwitzNo. 10: Regulation Won’t Preserve a Dynamic and “Open” Internet , by Robert W. CrandallNo. 11: Municipal Broadband Networks Present Serious First Amendment Problems , by Enrique ArmijoNo. 12: Title II Reclassification Is Rate Regulation , by Daniel A. LyonsNo. 13: Is the FCC Lawless? by Randolph J. MayNo. 14: Regulating Net Neutrality: Who Will the FCC Really “Protect”? by Robert W. CrandallNo. 15: FCC Should Adopt the Deregulatory Proposal for Local Cable Rates , by Seth L. CooperNo. 16: Is the Internet's Future One of Innovation or Government Control? by Randolph J. MayNo. 17: The Research is Clear: The U.S. Invests More in Broadband Than Europe , by Michael J. HorneyNo. 18: Why Chevron Deference May Not Save the FCC’s Open Internet Order – Part I , by Randolph J. May No. 19: Why Chevron Deference May Not Save the FCC’s Open Internet Order – Part II , by Randolph J. MayNo. 20: Regulating Interconnection (Lightly!) , by Daniel A. LyonsNo. 21: FCC Should Be Clear and Consistent on Effective Competition in Wireless Market , by Seth L. CooperNo. 22: Eight Takeaways From the FTC’s Sharing Economy Worksho p, by Michael J. HorneyNo. 23: Chevron Decision’s Domain May Be Shrinking , by Randolph J. MayNo. 24: Keeping Up with the Market: The Urgent Need for More Spectrum , by Gregory J. VogtNo. 25: The Future of Spectrum Policy , by Randolph J. MayNo. 26: Avoiding a Train Wreck: Giving Government a Market Incentive to Vacate Spectrum , by Gregory J. VogtNo. 27: The FCC Flouts the Rule of Law , by Randolph J. MayNo. 28: Challenging the FCC’s Unlawful Open Internet Order , by Justin (Gus) HurwitzNo. 29: Charter-Time Warner Cable Merger Promises Consumer Benefits: Should Boost Broadband and Competition , by Seth L. CooperNo. 30: FCC Should Finally Sunset Its VCR-Era Video Device Regulations , by Seth L. CooperNo. 31: Why Intellectual Property Rights Matter - The Founders Believed Ownership of One’s Labor Is a Natural Righ t, by Randolph J. May and Seth L. CooperNo. 32: Lincoln, Labor and Intellectual Property Rights , by Randolph J. May and Seth L. CooperNo. 33: Appreciating Intellectual Property Rights on Constitution Day , by Randolph J. May and Seth L. Cooper No. 34: The Crucial Spectrum Mission Is Far From Accomplished , by Gregory J. Vogt No. 35: The Constitutional Foundations of Intellectual Property , by Randolph J. May and Seth L. CooperNo. 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 , by Randolph J. MayNo. 38: The Copyright Alliance That Shaped Our Constitution , by Randolph J. May and Seth L. CooperNo. 39: Net Neutrality, Administrative Procedure, and Presidential Overreach , by Enrique ArmijoNo. 40: The FCC, Still Lawless , by Randolph J. MayNo. 41: The Administrative Process, the Legislative and Executive Branches, Net Neutrality, and Disclosure , by Jonathan Blake No. 42: Response: The Administrative Process, the Legislative and Executive Branches, Net Neutrality, and Disclosure , by Enrique Armijo2014 No. 1: Obama's War on Inequality Presaged by De Tocqueville , by Randolph J. MayNo. 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 , by Justin (Gus) Hurwitz No. 5: Some Initial Reflections on the D.C. Circuit's Verizon v. FCC Net Neutrality Decision , by Christopher S. YooNo. 6: The Problem With Net Neutrality: Internet Regulation Is a Losing Gambit for a Fast Moving, Innovative Industry , by Richard A. EpsteinNo. 7: Regulation in a Digital Age: We Need to Move from Regulations Crafted in 1934 to Ones Crafted for 2034 , by Randolph J. May No. 8: A Costly Affair: Retaining Outdated Set-top Box Mandates? , by Sarah K. LegginNo. 9: Cable Merger Shows How Legacy Language Leads to Outdated Policy , by Randolph J. MayNo. 10: FCC Preemption of State Bans on Municipal Broadband Networks Is Most Likely Unlawful , by Seth L. CooperNo. 11: Peering into the Comcast-Netflix Deal , by Daniel A. LyonsNo. 12: FCC, Broadband and Fallacy of Government 'Competition': Municipal Operations Would Have an Unfair Advantage Over Private Enterprise , by Randolph J. May No. 13: Obama May Give Internet Control to ‘Global Community’: Authoritarians Eager to Pick Up What U.S. Gives Up, Freeing the Internet for Censorship , by Randolph J. MayNo. 14: States Can Promote Next-Generation Wireless by Removing Regulatory Barriers , by Seth L. CooperNo. 15: McCutcheon Decision Shows Supreme Court Split on Individual Free Speech Versus 'Collective Voice,' by Randolph J. MayNo. 16: Getting Risk and Reward Right in the Incentive Auction , by Gregory J. VogtNo. 17: Use Your Lifeline: Lifeline and the Lifeline Broadband Pilot Program Can Support the IP Transition , by Sarah K. LegginNo. 19: Return of the 'Net Neutrality' Scheme: Regulation Backers Are Turning Up the Volume for Internet Regulation , by Randolph J. MayNo. 20: The Comcast/Time Warner Cable Deal: Keep the Focus on the Consumer Welfare Benefits , by Seth L. CooperNo. 21: U.S. vs. European Broadband Deployment: What Do the Data Say? by Christopher S. YooNo. 22: Compelled Disclosure of Internet Interconnection Agreements Creates Anticompetitive Risks , by Daniel A. LyonsNo. 23: FCC Should Not Presume It Can Regulate the Internet , by Randolph J. MayNo. 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 , by Randolph J. May and Michael J. HorneyNo. 27: The FCC Shouldn't Go Down the Primrose (Preemption) Path , by Randolph J. May No. 28: Happy 30th Anniversary, Chevron! , by Randolph J. MayNo. 29: Net Neutrality v. Consumers , by Randolph J. MayNo. 30: Happy 30th Anniversary, Chevron - Part II , by Randolph J. MayNo. 32: Thinking the Unthinkable: Imposing the "Utility Model" on Internet Providers , by Randolph J. MayNo. 33: Court Ruling Reaffirming State Copyright Protections Should Prompt Congress to Consider RESPECT Act , by Seth L. CooperNo. 34: Don't Convert Internet Providers into Public Utilities , by Randolph J. MayNo. 35: FCC Must Quit Twisting Section 706 Reports , by Seth L. Cooper No. 36: Open Internet and the Law, or Removing the Cart from Afore the Horse , by Justin (Gus) HurwitzNo. 37: Endless Craving for Internet Control , by Seth L. CooperNo. 39: Hands Off the Web , by Richard A. Epstein No. 40: “Where’s the Beef?” by Deborah Taylor TateNo. 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 , by Seth L. Cooper 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 , by Randolph J. May 2013 No. 1: Regulators Can’t Be Trusted to Self-Regulate - High Court Can Halt Expansion of Administrative State , by Randolph J. May No. 2: A Mobile Device Is Not Your Grandmother's Telephone Anymore: It's A Mobile Health Center , by Deborah Taylor Tate No. 3: Reforming the FCC's Processes for Digital Age Effectiveness and Efficiency , by Deborah Taylor Tate No. 4: Maryland Must Improve Its Economic Climate to Realize Broadband Benefits , by Seth L. Cooper No. 5: A Recent Appeals Court Ruling on Ancillary Power Limits Could Curb Regulatory Overreach , by Seth L. Cooper No. 6: The Perilous Position of the Rule of Law and the Administrative State , by Richard A. Epstein No. 7: Sharing Licensed Spectrum with Government Lessens Prospects for Wireless Broadband , by Seth L. Cooper No. 8: A Chairman – or Chairwoman – of Restraint , by Deborah Taylor Tate No. 9: The Challenge of VoIP to Legacy Federal and State Regulatory Regimes , by Daniel A. Lyons No. 10: 'Broadband Tax' Will Stifle Investment in TN , by Deborah Taylor Tate No. 11: "Low-Ranking" Counterproductive Video Regulations Offer Valuable Lessons , by Donna Coleman Gregg No. 12: Convergent Market Calls for Serious Intermodal Competition Assessments , by Seth L. Cooper No. 14: A Historian for the FCC , by Randolph J. May No. 15: A La Carte Cable by Demand , by Randolph J. May No. 16: The Case for Program Carriage Reform , by Randolph J. May and Seth L. Cooper No. 18: FCC Must Maintain Open Eligibility for Incentive Spectrum Auction , by Seth L. Cooper No. 21: Section 706's Deregulatory Directive: Accelerate Broadband by Removing Regulatory Barriers , by Seth L. Cooper No. 22: Let Them Eat Cake and Watch Netflix , by Justin (Gus) Hurwitz No. 23: Proposals Like the AT&T/Leap Merger Promise Consumer Benefits , by Seth L. Cooper No. 24: No Picking Favorites: The Proper Approach to the Upcoming Incentive Auction , by Sarah K. Leggin No. 25: Two Sides of the Internet’s Two-Sidedness: A Consumer Welfare Perspective , by Justin (Gus) Hurwitz No. 26: Consumers Would Benefit from Deregulating the Video Device Market , by Seth L. Cooper No. 27: Finally, A Chance for Bipartisan Agreement: The Permanent Internet Tax Freedom Act , by Sarah K. Leggin No. 28: Why the FCC Needs to Get With the Times, Finally , by Randolph J. May No. 29: It’s Time to Remove the Costly Integration Ban , by Sarah K. Leggin No. 30: When Is an Incentive Not an Incentive? by Gregory J. VogtNo. 31: Cooperative Federalism and the IP Transition: The Need to Clarify Federal Jurisdiction Over IP-based Services , by Sarah K. Leggin No. 32: Consumer Welfare as the New Cornerstone for Communications Policy: The FCC Should Focus on Efficient Market Processes That Benefit Consumers , by Seth L. Cooper No. 33: Will High Retransmission Consent Fees Hamper a Successful Incentive Auction? by Randolph J. May and Gregory J. Vogt No. 34: Restoring Limits on the FCC's Ancillary Authority , by Daniel A. Lyons No. 35: Less Is Not Necessarily More , by Sarah K. Leggin 2012No. 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 , by Seth L. Cooper No. 8: Repurposing The FCC , by Randolph J. May No. 9: Any New Privacy Regime Should Mean an End to FCC Privacy Powers , by Randolph J. May and Seth L. Cooper No. 10: AAI's False Alarms About Wireless Ring Hollow , by Seth L. Cooper No. 11: Digital Downloads Should Be Protected from Discriminatory and Duplicate Taxes , by Seth L. Cooper No. 12: Accelerate New Video Breakthroughs by Rolling Back Old Regulations , by Randolph J. May and Seth L. Cooper No. 13: If Communications Policy Were a Campaign Issue , by Randolph J. May No. 14: Questioning the Premises of DOJ's Usage-Based Pricing Investigation , by Seth L. Cooper No. 15: The FCC and the Rule of Law , by Randolph J. May No. 16: Sledgehammering the False Narrative For Regulating Broadband Internet , by Seth L. Cooper No. 17: FCC Over-Regulation of Video Services Undermines Free Speech , by Seth L. Cooper No. 18: The FCC Should Conform to Rule of Law Norms , by Randolph J. May No. 19: The FCC's Mobile Data Inquiry: No New Privacy Regulation Needed , by Seth L. Cooper No. 20: The FCC’s Barrier Study - Back to the 'Future of Media' and Media Ownership? , by Donna Coleman Gregg No. 21: Don't Neuter The First Amendment In The Digital Age , by Randolph J. May No. 22: Jose Mas Builds American Dream , by Deborah Taylor Tate No. 23: Regulatory Forbearance and the Rule of Law - The FCC's Arbitrary and Capricious Obstruction of Deregulation , by Seth L. Cooper No. 24: A Failure to Communicate at the FCC , by Randolph J. May No. 25: FCC's Video Report Reveals Disconnect Between Market's Effective Competition and Outdated Regulation , by Seth L. Cooper No. 26: Keep Online Video Free from FCC Regulation , by Seth L. Cooper No. 27: The Psychology of Abundance and the Realities of Regulatory Micromanagement , by Randolph J. May No. 28: Help Teach Our Teens Not to Text and Drive , by Deborah Taylor Tate No. 29: Spectrum Rules for Reducing Uncertainty Must Reject Unduly Regulatory FCC Precedents , by Seth L. Cooper No. 30: AllVid Regulation Risks Harm to Next-Generation Video Innovation , by Seth L. Cooper No. 31: Vindicating A Voluntary Process For Protecting Digital Privacy , by Seth L. Cooper No. 32: Why Broadband Pricing Freedom Is Good For Consumers , by Daniel A. Lyons No. 33: City of Arlington v. FCC: Questioning an Agency's Authority to Determine Its Own Jurisdiction , by Jonathan H. Adler No. 34: Putting Music Copyright Policy on a Free Market Footing , by Seth L. Cooper No. 35: Businesses, Consumers Need a Break on Wireless Taxes - Cellular Service Is a Necessity, But It's Taxed Like a Luxury , by Seth L. Cooper 2011 No. 1: The FCC Risks Over-Conditioning the Comcast-NBCU Merger , by Randolph J. MayNo. 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: Tethering the FCC: The Case Against 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 , by Deborah Taylor Tate No. 21: Abolish Access Charges Now , by Gerald W. Brock No. 22: 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 2010No. 1: The Convergence of Broadcasting and Telephony: Legal and Regulatory Implications , by Christopher S. YooNo. 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 No. 1: Fresh Thinking on Special Access by Randolph J. May No. 2: Broadband Stimulus: Prudent Minimalism Will Lead to Maximum Impact by Randolph J. May No. 3: A Spending Problem by Len Lazarick No. 4: Give Consumers a Tax Break Now , by Deborah Taylor Tate No. 5: A Better Way to Manage Spectrum , by Bruce M. Owen No. 6: Curing Maryland's Structural Deficits: A Call for Mandate Reform , by Len LazarickNo. 7: The "Free Press" Free Lunch , by Randolph J. May No. 8: Good Laws Spur Technology, Investment , by Deborah Taylor Tate No. 9: State's Budget Balancing Act Is a Short-Term Fix , by Len Lazarick No. 10: Deconstructing "Dismantling Digital Deregulation" - Part II , by Randolph May No. 11: How Is StateStat Working? A Good Management Tool, but Defective on Accountability , by Len Lazarick No. 12: Vaunted StateStat Falls Short of Real Accountability , by Len Lazarick No. 13: Delaying Deregulation: Forbearance at the FCC , by Seth L. Cooper No. 14: Assessing the FCC's Competition-Assessing Competence , by Randolph May No. 15: Paying For Use Is Fair , by Deborah Taylor Tate No. 16: The Hazards of Prescriptive Regulatory Intervention in a Rapidly Changing Market , by Donna Coleman Gregg No. 17: Why Public Broadcasting Isn't a Model for Newspapers , by Donna Coleman Gregg No. 18: Saving Mt. Wilson - and Increasing Spectrum Efficiency , by Bruce M. Owen No. 19: The Faulty Berkman Report: "The Fallacy of Overlooking Secondary Consequences," by Seth L. CooperNo. 20: Let Competition and Choice Check Wireless ETFs , by Seth L. Cooper No. 21: Voiding the Constitution , by Randolph May No. 22: Guard Children from Dangers Online , by Deborah Taylor Tate 2008No. 1: Random Acts of Taxation by Cecilia Januszkiewicz No. 2: Bundles of Joy: The Ubiquity and Efficiency of Bundles in New Technology Markets by Stan J. Liebowitz and Stephen E. Margolis No. 3: Rep. Markey's Internet Bill: Curiously Off the Mark by Randolph J. MayNo. 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 No. 13: The FCC v. Indecency: George Carlin Remembered , by Glen O. Robinson No. 14: No Time for Mere Catch Arguments , by Randolph J. MayNo. 15: A Spending Problem , by Cecilia Januskiewicz No. 16: Deregulation as Scapegoat , by Randolph J. May No. 17: The Last 100 Days , by Randolph J. MayNo. 18: Short of Statutory Right, Contrary to Constitutional Right , by Randolph J. May No. 19: Don't Foil the Digital Age , by Randolph J. MayNo. 20: Structural Solutions for Maryland's Structural Deficit: Pathways to Reform , by Cecilia Januszkiewicz No. 21: Devaluing Spectrum , by Randolph J. May No. 22: The Never-Ending Maryland Structural Deficit , Cecilia Januszkiewicz 2007 No. 1: 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 e , by Bruce M. OwenNo. 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 2006No. 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 No. 3: Montgomery County's Outdated Policies Hurt Cable Consumers , by Randolph J. May No. 4: 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 No. 7: 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