Saturday, November 20, 2004--Andis Kaulins [11/20/2004 02:05:00 PM] - Home - About - My Book
Duke Law School Law and Technology Review
Duke Law School Law and Technology Review
This just in from D. Branch Furtado at Duke Law School:
"I am writing on behalf of Duke's Law and Technology Review, a student-run publication at Duke Law School.
For your readers interested in legal developments in wireless and telecom issues, Duke’s Law and Technology Review publishes frequent articles discussing hot topics in this field. The journal’s most recent publication, “Crossed Signals in a Wireless World,” discusses federal jurisdiction over lawsuits arising against wireless rates.
A link to the full article is available at:
http://www.law.duke.edu/journals/dltr/articles/2004dltr0014.html
CROSSED SIGNALS IN A WIRELESS WORLD: THE SEVENTH CIRCUIT'S MISAPPLICATION OF THE COMPLETE PREEMPTION DOCTRINE
By Matt Kleiman
As the number of wireless telephone users continues to proliferate, so does the number of lawsuits against wireless service providers. While consumers seek to utilize various consumer-friendly state law causes of action, the wireless industry continues to push for a uniform federal regulatory regime. Ambiguous language in the Federal Communications Act of 1934 (“FCA”) and disagreement among the federal circuits has led to much confusion over whether state law claims affecting wireless rates and market entry are removable to federal court by way of “complete preemption.” This iBrief argues that FCA's preemption power is limited by its savings clause, failure to establish a comprehensive regulatory scheme, and provision of a significant role for state regulation. Accordingly, the Seventh Circuit erred in Bastien v. AT&T Wireless Services, Inc. when it concluded that the FCA completely preempts certain state law claims against wireless service providers and thereby requires their removal to federal court.
About DLTR
The Duke Law & Technology Review (DLTR) is an online legal publication that focuses on the evolving intersection of law and technology.. This area of study draws on a number of legal specialties: intellectual property, business law, free speech and privacy, telecommunications, and criminal law—each of which is undergoing doctrinal and practical changes as a result of new and emerging technologies. DLTR strives to be a “review” in the classic sense of the word. We examine new developments, synthesize them around larger theoretical issues, and critically examine the implications. We also review and consolidate recent cases, proposed bills, and administrative policies.
Permalink : Andis Kaulins : 11/20/2004 02:05:00 PM
Duke Law School Law and Technology Review
Duke Law School Law and Technology Review
This just in from D. Branch Furtado at Duke Law School:
"I am writing on behalf of Duke's Law and Technology Review, a student-run publication at Duke Law School.
For your readers interested in legal developments in wireless and telecom issues, Duke’s Law and Technology Review publishes frequent articles discussing hot topics in this field. The journal’s most recent publication, “Crossed Signals in a Wireless World,” discusses federal jurisdiction over lawsuits arising against wireless rates.
A link to the full article is available at:
http://www.law.duke.edu/journals/dltr/articles/2004dltr0014.html
CROSSED SIGNALS IN A WIRELESS WORLD: THE SEVENTH CIRCUIT'S MISAPPLICATION OF THE COMPLETE PREEMPTION DOCTRINE
By Matt Kleiman
As the number of wireless telephone users continues to proliferate, so does the number of lawsuits against wireless service providers. While consumers seek to utilize various consumer-friendly state law causes of action, the wireless industry continues to push for a uniform federal regulatory regime. Ambiguous language in the Federal Communications Act of 1934 (“FCA”) and disagreement among the federal circuits has led to much confusion over whether state law claims affecting wireless rates and market entry are removable to federal court by way of “complete preemption.” This iBrief argues that FCA's preemption power is limited by its savings clause, failure to establish a comprehensive regulatory scheme, and provision of a significant role for state regulation. Accordingly, the Seventh Circuit erred in Bastien v. AT&T Wireless Services, Inc. when it concluded that the FCA completely preempts certain state law claims against wireless service providers and thereby requires their removal to federal court.
About DLTR
The Duke Law & Technology Review (DLTR) is an online legal publication that focuses on the evolving intersection of law and technology.. This area of study draws on a number of legal specialties: intellectual property, business law, free speech and privacy, telecommunications, and criminal law—each of which is undergoing doctrinal and practical changes as a result of new and emerging technologies. DLTR strives to be a “review” in the classic sense of the word. We examine new developments, synthesize them around larger theoretical issues, and critically examine the implications. We also review and consolidate recent cases, proposed bills, and administrative policies.
Permalink : Andis Kaulins : 11/20/2004 02:05:00 PM
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