by Asheesh Agarwal and Jerry Ellig on June 30, 2006 •
Examining the economic evidence, this paper finds that state laws that impede electronic commerce in caskets would almost certainly fail a factual analysis used in the case Granholm v. Heald. This implies that such laws would be held unconstitutional under the Commerce Clause if a plaintiff brings a challenge similar to the one in Granholm.
by Jerry Brito on March 16, 2006 •
This article aims to show that, despite the rhetoric, the radio spectrum commons model that has been proposed in the legal literature is not an alternative to command-and-control regulation, but in fact shares many of the same inefficiencies of that system. If the government is the controller of a commons—as proponents of a spectrum commons suggest it should be—then in allocating and managing the commons the government will very likely employ its existing inefficient processes.