Civil procedure, more than any other of the basic law-school courses, conveys to students an understanding of the whole legal system. I propose that this purpose should become, more openly, the organizing theme of the course. The focus should remain, of course, on the mechanics of the judicial branch. What I champion is giving some conscious attention, albeit mainly in the background and at an introductory level, to the big ideas of the constitutional structure within which the law formulates civil procedure. Such attention would unify the doctrinal study, while enriching it for the students and revealing its true importance.
{"title":"Civil Procedure’s Five Big Ideas","authors":"K. Clermont","doi":"10.2139/SSRN.1887084","DOIUrl":"https://doi.org/10.2139/SSRN.1887084","url":null,"abstract":"Civil procedure, more than any other of the basic law-school courses, conveys to students an understanding of the whole legal system. I propose that this purpose should become, more openly, the organizing theme of the course. The focus should remain, of course, on the mechanics of the judicial branch. What I champion is giving some conscious attention, albeit mainly in the background and at an introductory level, to the big ideas of the constitutional structure within which the law formulates civil procedure. Such attention would unify the doctrinal study, while enriching it for the students and revealing its true importance.","PeriodicalId":18488,"journal":{"name":"Michigan State international law review","volume":"17 5 1","pages":"55"},"PeriodicalIF":0.0,"publicationDate":"2016-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83631486","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Written as part of the Michigan State University Law Review's Persuasion in Civil Rights Advocacy symposium, this is the story of three clinic students and the mark they made on New Jersey law. Really, it is a story about students trying to seize kairos, the opportune moment in time to effectuate change. Seeing an opportune moment in time to call attention to a legal issue they identified as important, the three third-year law students in this story wrote, as amici curiae, a brief in support of a petition for certification to the New Jersey Supreme Court on the issue of whether indigent litigants in civil domestic violence cases have the right to court-appointed attorneys. These students and their professors believed the timing was right to argue that indigent litigants involved in the New Jersey domestic violence restraining order process have a legal right to court-appointed counsel as a requirement of equal access to a fair trial. The issue had been briefly raised several years earlier. However, the right to counsel issue had been completely disregarded by the courts, and no state-based advocacy groups pursued the issue. These students, in contrast, saw something to the issue that other advocates had missed. Moreover, they saw it at the right time in their own legal education to act on it, compellingly. The article offers a rhetorical analysis of what they wrote, what happened, and the impact on advocacy in New Jersey domestic violence law.
{"title":"Three 3Ls, Kairos, and the Civil Right to Counsel in Domestic Violence Cases","authors":"R. Robbins","doi":"10.7282/T3KH0QM9","DOIUrl":"https://doi.org/10.7282/T3KH0QM9","url":null,"abstract":"Written as part of the Michigan State University Law Review's Persuasion in Civil Rights Advocacy symposium, this is the story of three clinic students and the mark they made on New Jersey law. Really, it is a story about students trying to seize kairos, the opportune moment in time to effectuate change. Seeing an opportune moment in time to call attention to a legal issue they identified as important, the three third-year law students in this story wrote, as amici curiae, a brief in support of a petition for certification to the New Jersey Supreme Court on the issue of whether indigent litigants in civil domestic violence cases have the right to court-appointed attorneys. These students and their professors believed the timing was right to argue that indigent litigants involved in the New Jersey domestic violence restraining order process have a legal right to court-appointed counsel as a requirement of equal access to a fair trial. The issue had been briefly raised several years earlier. However, the right to counsel issue had been completely disregarded by the courts, and no state-based advocacy groups pursued the issue. These students, in contrast, saw something to the issue that other advocates had missed. Moreover, they saw it at the right time in their own legal education to act on it, compellingly. The article offers a rhetorical analysis of what they wrote, what happened, and the impact on advocacy in New Jersey domestic violence law.","PeriodicalId":18488,"journal":{"name":"Michigan State international law review","volume":"126 1","pages":"1359"},"PeriodicalIF":0.0,"publicationDate":"2016-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79529843","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Informal dispute resolution is common in rural areas of Afghanistan because of a general lack of access to or inefficiency of the formal mechanisms in those areas. While the Afghan informal dispute resolution systems have been known to resolve some criminal cases in ways that violate human rights or deviate sharply from Afghan formal law, it can be possible to minimize these practices while taking advantage of some of the strengths that informal dispute resolution offers. This paper argues that some Native American Tribal justice systems could serve as helpful models for the Afghan approach to informal justice because they offer effective informal dispute resolution and peacemaking systems that are consistence with the formal justice system and generally do not violate human rights. Accordingly, this paper begins with an introduction to informal dispute resolution mechanisms in both Afghanistan and selected Native American Tribal systems, elaborating on the interaction between the informal and official state law in these various systems. Next, it describes the failed attempts of the Afghan central authority to rule in the informal justice systems and integrate them into the formal legal structure. Then the paper will provide possible solutions which would include coordination between the formal and informal justice systems, monitoring of the cases within the informal system, including important criminal cases such as honor killing, theft, rape, and serious injury by members of the official system including provincial governor, district governor, and other law enforcement institutions. Finally, this paper offers some suggestions for how to respond once the monitoring bodies identify violations of human rights and Afghan law.
{"title":"Helping Afghanistan's Informal Dispute Resolution Systems Follow Afghan Law in Criminal Matters: What Afghanistan Can Learn from Native American Peacemaking Program","authors":"Ghazi Hashimi","doi":"10.2139/SSRN.2713457","DOIUrl":"https://doi.org/10.2139/SSRN.2713457","url":null,"abstract":"Informal dispute resolution is common in rural areas of Afghanistan because of a general lack of access to or inefficiency of the formal mechanisms in those areas. While the Afghan informal dispute resolution systems have been known to resolve some criminal cases in ways that violate human rights or deviate sharply from Afghan formal law, it can be possible to minimize these practices while taking advantage of some of the strengths that informal dispute resolution offers. This paper argues that some Native American Tribal justice systems could serve as helpful models for the Afghan approach to informal justice because they offer effective informal dispute resolution and peacemaking systems that are consistence with the formal justice system and generally do not violate human rights. Accordingly, this paper begins with an introduction to informal dispute resolution mechanisms in both Afghanistan and selected Native American Tribal systems, elaborating on the interaction between the informal and official state law in these various systems. Next, it describes the failed attempts of the Afghan central authority to rule in the informal justice systems and integrate them into the formal legal structure. Then the paper will provide possible solutions which would include coordination between the formal and informal justice systems, monitoring of the cases within the informal system, including important criminal cases such as honor killing, theft, rape, and serious injury by members of the official system including provincial governor, district governor, and other law enforcement institutions. Finally, this paper offers some suggestions for how to respond once the monitoring bodies identify violations of human rights and Afghan law.","PeriodicalId":18488,"journal":{"name":"Michigan State international law review","volume":"108 1","pages":"77"},"PeriodicalIF":0.0,"publicationDate":"2016-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84141185","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Melissa Markey, Montrece M Ransom, Gregory Sunshine
{"title":"EBOLA: A PUBLIC HEALTH AND LEGAL PERSPECTIVE.","authors":"Melissa Markey, Montrece M Ransom, Gregory Sunshine","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":18488,"journal":{"name":"Michigan State international law review","volume":"24 2","pages":"433-447"},"PeriodicalIF":0.0,"publicationDate":"2016-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4920479/pdf/nihms750295.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"34635979","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Tribes are sovereign nations that maintain a government-to-government relationship with the Unites States. As sovereign entities, tribes have inherent authority to protect the public health and welfare of their citizens. Tribes thus have the authority to undertake measures to prepare and manage public health emergencies in the manner most appropriate for their communities. Coupled with existing federal statutes, there are multiple mechanisms for tribes, either directly or through a state or the US federal government, to declare an emergency or receive the benefits of a federal declaration. This article summarizes several types of emergency declarations, including tribal declarations, Stafford Act declarations, and federal public health emergency declarations, and their implications for tribes.
{"title":"EMERGENCY DECLARATIONS AND TRIBES: MECHANISMS UNDER TRIBAL AND FEDERAL LAW.","authors":"Gregory Sunshine, Aila Hoss","doi":"10.31228/osf.io/6f8ce","DOIUrl":"https://doi.org/10.31228/osf.io/6f8ce","url":null,"abstract":"Tribes are sovereign nations that maintain a government-to-government relationship with the Unites States. As sovereign entities, tribes have inherent authority to protect the public health and welfare of their citizens. Tribes thus have the authority to undertake measures to prepare and manage public health emergencies in the manner most appropriate for their communities. Coupled with existing federal statutes, there are multiple mechanisms for tribes, either directly or through a state or the US federal government, to declare an emergency or receive the benefits of a federal declaration. This article summarizes several types of emergency declarations, including tribal declarations, Stafford Act declarations, and federal public health emergency declarations, and their implications for tribes.","PeriodicalId":18488,"journal":{"name":"Michigan State international law review","volume":"28 1","pages":"33-44"},"PeriodicalIF":0.0,"publicationDate":"2015-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87425023","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In recent years, there has been intense debate — within the judiciary, academia, the press, even Congress — over the legitimacy of using foreign law in American courts. This question cannot be answered, however, unless one knows what the relevant criteria for constitutional legitimacy are. By what standards should we decide whether it is appropriate for American courts to cite foreign law in their decisions? Before we can figure out whether it is constitutionally proper for American courts to use foreign law, we need to first agree on what makes something constitutionally proper. In a pair of path-breaking books, Constitutional Fate: Theory of the Constitution and Constitutional Interpretation, Philip C. Bobbitt offers a modal approach to constitutional argument, presenting six different types, or modalities, through which constitutional discourse is channeled. This Article will attempt to evaluate the legitimacy of the practice of comparative constitutional law by American courts through modal lenses. It will ask one question — is it legitimate for our judges to cite foreign law? — six times, each time analyzing it within a particular modal framework; textual, historical, structural, doctrinal, prudential, and ethical. Using those methodological tools, it will provide one answer.
近年来，在司法部门、学术界、新闻界甚至国会内部，围绕在美国法院使用外国法的合法性展开了激烈的辩论。然而，除非我们知道宪法合法性的相关标准是什么，否则这个问题是无法回答的。我们应该以什么标准来决定美国法院在判决中引用外国法是否合适?在我们弄清楚美国法院使用外国法律是否符合宪法规定之前，我们需要首先就什么是符合宪法规定的达成一致。在两本开创性的著作《宪法的命运:宪法理论与宪法解释》中，菲利普·c·博比特(Philip C. Bobbitt)为宪法论证提供了一种模态方法，提出了六种不同的类型或模态，通过这些类型或模态，宪法话语得以引导。本文试图通过模态视角来评价美国法院比较宪法实践的合法性。它会提出一个问题——我们的法官引用外国法律合法吗?-六次，每次在一个特定的模态框架内分析;文本的、历史的、结构的、教义的、审慎的和伦理的。使用这些方法论工具，它将提供一个答案。
{"title":"The Legitimacy of Comparative Constitutional Law: A Modal Evaluation","authors":"B. Silverman","doi":"10.2139/SSRN.2629902","DOIUrl":"https://doi.org/10.2139/SSRN.2629902","url":null,"abstract":"In recent years, there has been intense debate — within the judiciary, academia, the press, even Congress — over the legitimacy of using foreign law in American courts. This question cannot be answered, however, unless one knows what the relevant criteria for constitutional legitimacy are. By what standards should we decide whether it is appropriate for American courts to cite foreign law in their decisions? Before we can figure out whether it is constitutionally proper for American courts to use foreign law, we need to first agree on what makes something constitutionally proper. In a pair of path-breaking books, Constitutional Fate: Theory of the Constitution and Constitutional Interpretation, Philip C. Bobbitt offers a modal approach to constitutional argument, presenting six different types, or modalities, through which constitutional discourse is channeled. This Article will attempt to evaluate the legitimacy of the practice of comparative constitutional law by American courts through modal lenses. It will ask one question — is it legitimate for our judges to cite foreign law? — six times, each time analyzing it within a particular modal framework; textual, historical, structural, doctrinal, prudential, and ethical. Using those methodological tools, it will provide one answer.","PeriodicalId":18488,"journal":{"name":"Michigan State international law review","volume":"9 1","pages":"307"},"PeriodicalIF":0.0,"publicationDate":"2015-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73867291","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This essay examines three cases from the Supreme Court’s October Term 2013 addressing the standards for summary judgment. In one case, the Court affirmed summary judgment against a civil-rights plaintiff, in a continued erroneous over-reliance on the certainty of video evidence. In two other cases, the Court rejected the grant of summary judgment against civil-rights plaintiffs, arguably for the first time in quite a while. This essay unpacks the substance and procedure underlying all three decisions and considers the effect of the three cases and what signals they send to lower courts and litigants about the proper approach to summary judgment, particularly in civil-rights cases involving video evidence.
{"title":"Mixed Signals on Summary Judgment","authors":"H. Wasserman","doi":"10.2139/SSRN.2477915","DOIUrl":"https://doi.org/10.2139/SSRN.2477915","url":null,"abstract":"This essay examines three cases from the Supreme Court’s October Term 2013 addressing the standards for summary judgment. In one case, the Court affirmed summary judgment against a civil-rights plaintiff, in a continued erroneous over-reliance on the certainty of video evidence. In two other cases, the Court rejected the grant of summary judgment against civil-rights plaintiffs, arguably for the first time in quite a while. This essay unpacks the substance and procedure underlying all three decisions and considers the effect of the three cases and what signals they send to lower courts and litigants about the proper approach to summary judgment, particularly in civil-rights cases involving video evidence.","PeriodicalId":18488,"journal":{"name":"Michigan State international law review","volume":"13 1","pages":"1331"},"PeriodicalIF":0.0,"publicationDate":"2015-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85038936","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article investigates the circumstances under which the threat of ICC prosecution has proved successful in deterring the commission or escalation of mass atrocities. Through a within-case analysis of the domestic situation of Cote d'Ivoire between 2004 and 2011, I find evidence that successful deterrence is a function of two main causal variables, namely the likelihood of arrest or punishment and the leaders' outlook on retaining power in the short-run. I argue that specific values on these variables combined to determine how the threat of ICC prosecution successfully deescalated violence in Cote d’Ivoire in the fall of 2004. This article challenges a set of assumptions widely employed by legal scholars in theorizing international deterrence, stresses the importance of bringing back the relational character of deterrence and concludes by advocating greater attention to the political conditions surrounding ICC operations.
{"title":"Coercing Compliance with the ICC: Empirical Assessment and Theoretical Implications","authors":"Marco Bocchese","doi":"10.2139/SSRN.2607099","DOIUrl":"https://doi.org/10.2139/SSRN.2607099","url":null,"abstract":"This article investigates the circumstances under which the threat of ICC prosecution has proved successful in deterring the commission or escalation of mass atrocities. Through a within-case analysis of the domestic situation of Cote d'Ivoire between 2004 and 2011, I find evidence that successful deterrence is a function of two main causal variables, namely the likelihood of arrest or punishment and the leaders' outlook on retaining power in the short-run. I argue that specific values on these variables combined to determine how the threat of ICC prosecution successfully deescalated violence in Cote d’Ivoire in the fall of 2004. This article challenges a set of assumptions widely employed by legal scholars in theorizing international deterrence, stresses the importance of bringing back the relational character of deterrence and concludes by advocating greater attention to the political conditions surrounding ICC operations.","PeriodicalId":18488,"journal":{"name":"Michigan State international law review","volume":"1 1","pages":"357"},"PeriodicalIF":0.0,"publicationDate":"2015-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86181301","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The world over, what political cause is celebrated more than human rights? The rule of law, perhaps. These two noble and important objects of civil government — both valued as of inestimable worth these days — usually are complementary. Human rights are insecure without the rule of law to protect them, and what human right is more fundamental than the right to be treated in accordance with the law and not the whim of the mighty? Human rights and the rule of law seem to stand together. How then, when human rights and the rule of law stand opposed, and in circumstances where they most need each other’s mutual support and meet opposition enough from other forces?It is the thesis of this article that in East Africa human rights and the rule of law very likely stand opposed and cannot coexist. To be sure, some human rights can coexist with some notion of the rule of law in East Africa, as elsewhere. But for East Africa to play host to the full panoply of human rights as commonly supported by the international community and endorsed by East African nations themselves, and at the same time to play host to a rigorous practice of the rule of law, appears to be something that simply cannot be done.The argument of this article is straightforward. Part I describes the rule of law, its importance, and (briefly) its treatment in East Africa. Part II describes human rights, their two major divisions, and (briefly) their treatment in East Africa. Part III explains how the rule of law and human rights collide in East Africa. Part IV, the conclusion, suggests that this collision is the result of an extravagant Western imperialism that has helped deprive East Africa both of human rights and of the rule of law.
{"title":"Human Rights or the Rule of Law — The Choice for East Africa?","authors":"C. Stern","doi":"10.2139/SSRN.2574823","DOIUrl":"https://doi.org/10.2139/SSRN.2574823","url":null,"abstract":"The world over, what political cause is celebrated more than human rights? The rule of law, perhaps. These two noble and important objects of civil government — both valued as of inestimable worth these days — usually are complementary. Human rights are insecure without the rule of law to protect them, and what human right is more fundamental than the right to be treated in accordance with the law and not the whim of the mighty? Human rights and the rule of law seem to stand together. How then, when human rights and the rule of law stand opposed, and in circumstances where they most need each other’s mutual support and meet opposition enough from other forces?It is the thesis of this article that in East Africa human rights and the rule of law very likely stand opposed and cannot coexist. To be sure, some human rights can coexist with some notion of the rule of law in East Africa, as elsewhere. But for East Africa to play host to the full panoply of human rights as commonly supported by the international community and endorsed by East African nations themselves, and at the same time to play host to a rigorous practice of the rule of law, appears to be something that simply cannot be done.The argument of this article is straightforward. Part I describes the rule of law, its importance, and (briefly) its treatment in East Africa. Part II describes human rights, their two major divisions, and (briefly) their treatment in East Africa. Part III explains how the rule of law and human rights collide in East Africa. Part IV, the conclusion, suggests that this collision is the result of an extravagant Western imperialism that has helped deprive East Africa both of human rights and of the rule of law.","PeriodicalId":18488,"journal":{"name":"Michigan State international law review","volume":"4 1","pages":"45"},"PeriodicalIF":0.0,"publicationDate":"2015-03-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82021788","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
For over ten years, academics, practitioners, policy makers, consumers and other stakeholders have debated whether and how governments should regulate the Internet with an eye toward promoting accessibility, affordability and neutrality. This issue has triggered grave concerns about the Internet’s ability to continue generating substantial and widespread benefits. Advocates for various outcomes have vastly different assessments about many baseline subjects including the viability of sustainable competition and self-regulation. Consumers become agitated and confused by different framing of the issues, particularly when participants in the Internet ecosystem cannot reach closure on interconnection and compensation issues. Increasingly these disputes trigger temporary degradation in service leaving consumers unclear why they cannot view “must see” video content free of congestion.This paper will report on how the network neutrality/open Internet debate persists with an eye toward identifying new problems and opportunities for resolution. The paper concludes that developments in the Internet ecosystem will trigger more conflicts in the near term. Increasingly the Internet has become the primary broadband medium for information, communications and entertainment (“ICE”), including an ever increasing torrent of bit streams running from the Internet cloud downstream to individual subscribers served by “retail” Internet Service Providers (“ISP”) that install so-called first and last mile connections. Growing reliance on the Internet to deliver bandwidth intensive content to multiple screens has triggered more disputes on the technical way to interconnect networks as well as the financial compensation owed. How quickly parties can resolve their disputes will have a profound impact on whether governments need to intervene to ensure robust networks capable of accommodating ever increasing demand.
{"title":"What’s New in the Network Neutrality Debate","authors":"R. Frieden","doi":"10.2139/SSRN.2502122","DOIUrl":"https://doi.org/10.2139/SSRN.2502122","url":null,"abstract":"For over ten years, academics, practitioners, policy makers, consumers and other stakeholders have debated whether and how governments should regulate the Internet with an eye toward promoting accessibility, affordability and neutrality. This issue has triggered grave concerns about the Internet’s ability to continue generating substantial and widespread benefits. Advocates for various outcomes have vastly different assessments about many baseline subjects including the viability of sustainable competition and self-regulation. Consumers become agitated and confused by different framing of the issues, particularly when participants in the Internet ecosystem cannot reach closure on interconnection and compensation issues. Increasingly these disputes trigger temporary degradation in service leaving consumers unclear why they cannot view “must see” video content free of congestion.This paper will report on how the network neutrality/open Internet debate persists with an eye toward identifying new problems and opportunities for resolution. The paper concludes that developments in the Internet ecosystem will trigger more conflicts in the near term. Increasingly the Internet has become the primary broadband medium for information, communications and entertainment (“ICE”), including an ever increasing torrent of bit streams running from the Internet cloud downstream to individual subscribers served by “retail” Internet Service Providers (“ISP”) that install so-called first and last mile connections. Growing reliance on the Internet to deliver bandwidth intensive content to multiple screens has triggered more disputes on the technical way to interconnect networks as well as the financial compensation owed. How quickly parties can resolve their disputes will have a profound impact on whether governments need to intervene to ensure robust networks capable of accommodating ever increasing demand.","PeriodicalId":18488,"journal":{"name":"Michigan State international law review","volume":"6 1","pages":"739"},"PeriodicalIF":0.0,"publicationDate":"2014-09-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89583972","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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