Competitive Debacle in Local Telephony: Is the 1996 Telecommunications Act to Blame?

Reza Dibadj
Part I of this Article outlines a few fundamentals upon which the subsequent analysis is based. It argues that despite technological advances, access to the local wireline telephone infrastructure is still critically important. Further, there is precious little competition today in wireline telephony, and competition can flourish only with appropriate regulation. Part II examines the Act’s network disaggregation provisions, with a particular focus on two fundamental questions: What portions of…

One Strike and You’re Out? Constitutional Constraints on Zero Tolerance in Public Education

Eric Blumenson and Eva S. Nilsen
Notwithstanding the popularity of zero tolerance policies, the resulting denial of public education to massive numbers of children threatens irreparable damage, not only to these individuals but to all of us. This Article assesses the intended and unintended consequences of public school zero tolerance policies and details a number of constitutional infirmities of such policies that could provide an avenue for reform. We begin in Part I with a description…

The Hidden Bias in Diversity Jurisdiction

Debra Lyn Bassett
Part I of this Article briefly examines diversity jurisdiction generally and historically. Part II analyzes the interplay between diversity jurisdiction and antirural bias. Finally, Part III proposes limitations upon diversity jurisdiction in recognition of the impact of this bias in the exercise of diversity jurisdiction.

Causation in Retaliation Claims: Conflict Between the Prima Facie Case and the Plaintiff’s Ultimate Burden of Pretext

Rhea Gertken