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- Title
Intangible Takings.
- Authors
Eisenberg, Susan
- Abstract
The article explains the current state of statutory and common law surrounding phone numbers in the U.S. It provides a brief overview of the stature of property in the Takings Clause and conventional ownership rights in phone numbers as determined by Federal Communications Commission (FCC) regulations and the doctrines of contract and intellectual property law. Moreover, it analyzes two contemporary approaches to regulating ownership rights in phone numbers and their corresponding drawbacks. A novel judicial approach to the problem that adheres not only to the objective of the FCC's administration of phone numbers, but also to consumer expectations and the protections central to the Constitution is outlined.
- Subjects
UNITED States; TELECOMMUNICATION systems -- Law &; legislation; CALLER ID telephone service; TELEPHONE systems; INTANGIBLE property; INTELLECTUAL property; COMMON law; CUSTOMARY law; UNITED States. Federal Communications Commission; GOVERNMENT policy; LAW
- Publication
Vanderbilt Law Review, 2007, Vol 60, Issue 2, p667
- ISSN
0042-2533
- Publication type
Article