THE FINANCIAL IMPLICATION OF THE UNE-PLATFORM: A REVIEW OF THE EVIDENCE
T. Randolph Beard
The Telecommunications Act of 1996 boldly strives to encourage competition between local telecommunications carriers. In order to facilitate this goal, the FCC designed a total element long run incremental cost standard (?TELRIC?) for incumbent local exchange carriers (?ILECs?). The FCC assigned each individual state the task of implementing this standard through local regulation. While the 1996 Act has encouraged competition, it has fallen short of its anticipated goals. One of the most successful ways to enter the market is through the combination of unbundled elements called ?UNE-P.? These elements include a combination of unbundled loops, switching, transport and signaling. However, the success of UNE-Ps have recently been attacked by the Bell Operating Companies (?BOCs?) on a number of fronts. Most significantly, the BOCs have posited that UNE-Ps sales are ?below cost? which ultimately threaten the viability of BOCs. Mr. Beard endeavors to challenge the argument that UNE-Ps threaten the financial stability of BOCs. The author first evaluates BOCs allegation that UNE-P pricing is ?confiscatory??that the rate set by the government is below cost and tantamount to an unconstitutional taking. The author then aims to appropriately assess the inherent wholesale costs of the BOCs in order to properly compare them with CLECs using UNE-P. In short, Mr. Beard asserts that BOCs concerns regarding profitability are merely the ramifications of the evolution from a monopoly-based arena to a competitive marketplace. The author maintains that while mandated unbundled element sales may be unwelcome in the eyes of BOCs, they are not ?below cost.? And, because they are not below cost, they are not unconstitutional.

TRIENNIAL REVIEW: A NEW ERA FOR THE STATE-FEDERAL TELECOMMUNICATIONS PARTNERSHIP
Michael C. Engel
In August 2003 the Federal Communications Commission released the Triennial Review Order. This order changed the way both the FCC and states determined how new competitors could enter into the market by not using incumbent local exchange carrier[s] (?LEC?)?. The order set out FCC mandated triggers that states were compelled to use when evaluating whether to allow the leasing of certain pieces of incumbent LECs networks. The 1996 Telecommunications Act (?1996 Act?) was designed to encourage competition into former local exchange monopolies. In order to do this, local telephone networks were ?unbundled? and made available to various competitors who would not be able to afford to build up such networks themselves. The progress of the market since the 1996 Act has been marked with rampant litigation. In response to this environment a ?granular? evaluation of local market conditions was conducted by the FCC. The goal was to determine alternative sources of local network and LEC?s capacity to either deploy or purchase them. The first section of the article provides a brief synopsis of recent decisions since the implementation of the 1996 Act and brief comments by the FCC on the Triennial Review Order. The second section examines the authority of the FCC to mandate fact-finding criteria to the states, including a broad discussion on whether a federal agency can preempt state?s authority in this way. The article finally evaluates practical considerations of the Order and issues that will likely be appealed in the future as a consequence.

PLAY IT AGAIN UNCLE SAM: ANOTHER ATTEMPT BY CONGRESS TO REGULATE INTERNET CONTENT. HOW WILL THEY FARE THIS TIME?
Maureen E. Browne
This article discusses the constitutionality of the Dot Kids Implementation and Efficiency Act of 2002 which created a second-level Internet domain that restricted harmful or unsuitable information to minors. The paper begins by discussing the widespread use of the Internet among children and teenagers and Congress? previous unsuccessful attempts to regulate Internet content. The paper further discusses the Supreme Court?s application of the strict scrutiny standard in determining the constitutionality of previous proposed regulations and their shortcomings. Browne goes on to analyze the constitutionality of the Dot Kids Act in accordance with the strict scrutiny standard and ultimately argues that the Act would be rendered unconstitutional. As such, she argues that past efforts by lawmakers must be examined, incorporating the advice of experts and commissions. She further suggests that funding educational and social initiatives that teach children and parents about the dangers of the Internet, as well as greater enforcement of anti-obscenity laws may be a good start.

'AN UNHOLY ALLIANCE': THE LAW OF MEDIA RIDE-ALONGS
Karen Markin
"Ride-along reporting," in which television reporters, camera crews, and photographers accompany law enforcement and other authorized officials in the performance of their duties--including entering private homes--has become increasingly common with the rise in popularity of "reality" television. Dr. Markin summarizes the legal challenges and judicial responses to ride-along reporting and clarifies the legal rules which have been developed, including the unanimous 1999 Supreme Court decision in Wilson v. Layne, which set limits on the practice. She concludes that media arguments about the importance of newsgathering and the public's right to know have not persuaded most courts. Rather, considerations of individuals' privacy and dignity have greatly influenced this developing area of the law.

JURIS DOCTOR.COM: ARE FULL-TIME INTERNET LAW SCHOOLS THE BEGINNING OF THE END FOR TRADITIONAL LEGAL EDUCATION?
Robert J. Salzer
This Comment examines the impact of the Internet on legal education. The paper begins by considering the rapid development of Internet education and scrutinizes Internet law schools, specifically Concord Law School. Salzer further discusses Concord?s law school process, its impact on legal education and its plight to obtain accreditation from the American Bar Association. Salzer argues that in order for the ABA to maintain control of legal education, it must expand its requirements to accommodate Internet law schools. However, Salzer states that such ABA accreditation will most likely not extend to these schools because of the lack of face-to-face interaction between students and professors. As such, he argues that the ABA will be forced to bend its restrictions as distance education will become an unstoppable force in the world of legal education.