The Overly Active Corpse of Red Lion

9 Northwestern J. Tech. & IP 51-95 (2010).  Thomas W. Hazlett, Professor of Law & Economics, George Mason University School of Law, Sarah Oh, Operations and Research Director, Information Economy Project, Drew Clark, Executive Director, Partnership for a Connected Illinois, Inc., Chairman and Publisher, Broadband Census LLC.

The Northwestern Journal of Technology and Intellectual Property is among the top ranked intellectual property and technology journals in the country.  This article examines the scarcity doctrine and how court regulation remains subject to resurrection through the case of Red Lion. The article argues that the logic behind the scarcity doctrine was never valid and was merely a thinly veiled political excuse to regulate communications while skirting the First Amendment. It further argues that the Supreme Court and FCC need to take action to straighten out the law.  More information here:

Northwestern J. Tech. & IP Download


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