Browse Items (15 total)
- Creator is exactly "Robert A. Heverly"
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Brief Amicus Curiae of FlyersRights.Org in Support of Respondent in Department of Homeland Security v. MacLean
Citizens interact with disclosures made by whistleblowers protected by the Whistleblower Protection Act in two ways. The first is a well-established and well-understood response: citizens are part of the feedback loop that puts pressure on government…
The Ethics of Enclosure: The Loss of the Public Domain
In this short piece I argue that the positions of large industrial producers of cultural and information goods in both extolling the virtues (and seeking the protection of) freedom of speech while at the same time trying to further extend their…
Siting Wireless Facilities Under Telecommunications Act § 704: Circuits Split on Substantial Evidence
This short paper discusses the development of federal involvement, including judicial decisions, in local zoning decisions pursuant to the Telecommunications Act of 1996 up to and including 2001.
One Piece of the Puzzle: A Private Right to Your Image in the Digital Age
This essay argues for the creation of a right in one’s image for those up to and including the age of twenty-one. The right, which is justified by the pernicious persistence of digital media over time and space, would allow right holders to prohibit…
Brief Amicus Curiae of FlyersRights.Org in Support of Respondent in Department of Homeland Security v. MacLean
Citizens interact with disclosures made by whistleblowers protected by the Whistleblower Protection Act in two ways. The first is a well-established and well-understood response: citizens are part of the feedback loop that puts pressure on government…
Breaking the Internet: International Efforts to Play the Middle Against the Ends -- A Way Forward
The Internet was originally designed to provide robust transportation protocols for data transmission packets regardless of their content. While many arguments can be (and have been) made in defense of this approach, it is not the only approach. It…
The State Role in Telecommunications Regulation: An Introduction
This introduction for the Albany Law Journal of Science and Technology's 1996 symposium edition focuses on issues in telecommunications regulation. It sets the stage for the papers that follow and raises issues of convergence, relevance and the…
The State of Drones: State Authority to Regulate Drones
This article argues that there are significant areas in which both state and local governments have the authority to act to control those who fly drones, and that these actors cannot escape state and local regulation simply by using a drone to engage…
The Role of Legislation, and the Legislature, in the Regulatory Reform Process
The legislature plays a variety of roles in relation to the administrative state in New York. This short article reviews those interactions in New York at a time when the dynamics of state level political party control of government had recently…
The Information Semicommons
We perceive Information as property; law and economic structures, we argue, make it so. But this perception does not end the questioning. If we believe information is property, the question we must ask is: what kind of property is information? While…
An Analysis of Facility Siting Issues Under Section 704 of the Telecommunications Act of 1996
As mobile cellphone carriers become more prevalent, the regulations for siting antenna, towers, and associated equipment are expanding in kind. As each carrier must use its own technology, and must also pay the federal government for the licenses to…
Rights and Freedoms under the State Constitution (Freedom of Speech)
This symposium essay argues through the lens of freedom of speech that state constitutional adjudication is unclear and unfocused, and that New York's Court of Appeals should be more explicit and more consistent in applying New York State's…
Revisiting "The Information Semicommons"
In 2003, I published The Information Semicommons in the Berkeley Technology Law Review. The article’s core claim was based on Henry Smith’s “Semicommon Property Rights and Scattering in the Open Fields.” Smith developed the notion of a semicommons to…
Law as Intermediary
When we think of intermediaries, we are often drawn to images of publishers, broadcasters and librarians, among others. These are the people who determine what we see, what we hear, what we read, and at some level, who shape what we know and who we…
Dealing with Towers, Antennas, and Satellite Dishes
Communities face increasing pressure to site telecommunications facilities. But because communications involve national interests, federal laws, including the Telecommunications Act of 1996, often limit the amount of control communities have over…