The Modern Corporation and Campaign Finance: Incorporating Corporate Governance Analysis into First Amendment Jurisprudence

Thomas W. Joo
This Article argues that the First Amendment analysis of corporate campaign finance regulations, such as those in Senate Bill 27, should recognize the institutional peculiarities of business corporations. Courts have sometimes treated business corporations as if they were identical to individuals for constitutional purposes. But political spending by corporations should be distinguished from the political spending of individuals (and from that by labor unions and nonprofit organizations). Despite the tendency…

Fool Us Once Shame on You—Fool Us Twice Shame on Us: What We Can Learn from the Privatizations of the Internet Backbone Network and the Domain Name System

Jay P. Kesan and Rajiv C. Shah
One goal of this Article is to describe and document the privatization processes for the backbone network and the DNS. We initially assumed the privatization of the Internet consisted of a simple shift from a subsidized network to a competitive market for backbone services. However, we found the privatization process to be quite complex and problematic. Unfortunately, many of these same problems are reoccurring in the current privatization of the…

A Conceptual Framework for Genetic Policy: Comparing the Medical, Public Health, and Fundamental Rights Models

Lori B. Andrews
This Article presents the first attempt to develop a comprehensive legal framework governing the regulation of genetic information in the United States. Part II addresses the need for such legal framework. Part III analyzes three conceptual legal models that have been adopted in the past for regulating medical services: the medical model, the public health model, and the fundamental rights model. Part IV examines the results of medical and social…

The DIRECTV NFL Sunday Ticket: An Economic Plea for Antitrust Law Immunity

Bradley W. Crandall