Philip J. Weiser

Adjunct Faculty & Dean Emeritus of the University of Colorado Law School

Telecommunications Law; Internet Law; Antitrust Law; Intellectual Property; Constitutional Law

Articles

Entrepreneurial Administration, 97 Boston University Law Review 2011 (2017).
Weiser (with Scott Hemphill), Bringing Reality to the Law of Predatory Pricing, 127 Yale L.J. 2048 (2017).
Weiser (with Joe Waz), Internet Governance: The Role of Multistakeholder Organizations, 10 J. on Telecom & High Tech. L. 331 (2013).
Towards an International Dialogue on the Institutional Side of Antitrust, 66 N.Y.U. Ann. Surv. Am. L. 445 (2011).
Innovation, Entrepreneurship, and the Information Age, 9 J. on Telecomm. & High Tech. L. 1 (2011).
Weiser (with Gideon Parchomovsky), Beyond Fair Use, 96 Cornell L. Rev. 91 (2010).
Regulating Interoperability: Lessons From AT&T, Microsoft, and Beyond, 76 Antitrust L.J. 271 (2009).
Weiser (with Marius Schwartz), Introduction to a Special Issue on Network Neutrality, 8 Review of Network Economics 1 (2009).
The Future of Internet Regulation, 43 U.C. Davis L. Rev. 529 (2009).
Institutional Design, FCC Reform, and the Hidden Side of the Administrative State, 61 Administrative Law Review 675 (2009).
The Next Frontier for Network Neutrality, 50 Admin. L. Rev. 273 (2008).
Weiser (with Dale N. Hatfield), Property Rights in Spectrum: A Reply to Hazlett, 15 Geo. Mason L. Rev. 1025 (2008).
Reexamining the Legacy of Dual Regulation: Reforming Dual Merger Review by the DOJ and the FCC, 61 Fed. Comm. L.J. 167 (2008) (Conference: The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective). (2008).
Alfred Kahn As A Case Study of A Political Entrepreneur, 7 Review of Network Economics 601 (2008).
Weiser (with Dale Hatfield and Brad Bernthal), The Future of 9-1-1: New Technologies and the Need for Reform, 6 J. on Telecomm. & High Tech. L. 213 (2008).
Weiser (with Dale Hatfield), Spectrum Policy Reform and the Next Frontier of Property Rights, 15 Geo. Mason L. Rev. 549 (2008). The scarcity of wireless spectrum reflects a costly failure of regulation. In practice, large swaths of spectrum are vastly underused or used for low value activities, but the regulatory system prevents innovative users from gaining access to such spectrum through marketplace transactions. In calling for the propertyzing of swaths of spectrum as a replacement for the current command-and-control system, many scholars have wrongfully assumed the simplicity of how such a regime would work in practice. In short, many scholars suggest that spectrum property rights can easily borrow key principles from trespass law, reasoning that since property rights work well for land, they can work well for spectrum rights as well. But as we explain, spectrum is not the same as land, and a poorly designed property rights regime for spectrum might even be worse than the legacy model of spectrum regulation abstract
Communicating During Emergencies: Toward Interoperability and Effective Information Management, 59 Fed. Comm. L.J. 547 (2007).
Weiser (with Mark Lemley), Should Property or Liability Rules Govern Information?, 85 Tex. L. Rev. 783 (2007).
Weiser (with Dale Hatfield), In Pursuit of a Next Generation Network for Public Safety Communications, 16 CommLaw Conspectus - Journal of Communications Law and Policy 97 (2007). In its rules for the auction of 700 MHz spectrum freed up as a result of the digital transition, the FCC has embraced the concept of a private/public partnership as an important step towards the development of a nationwide interoperable broadband communications network for public safety. For this effort to move forward successfully, however, policymakers must have realistic expectations about the time and effort it will take to implement it effectively. In particular, as the Article explains, there are notable challenges in developing a new policy direction that will transition public safety agencies from their current reliance on antiquated equipment that they own to one where they will become smart users of advanced information and communications technology provided by commercial vendors. abstract
Weiser (with Kyle Dixon), A Digital Age Communications Act Paradigm for Federal-State Relations, 4 J. Telecomm. & High Tech. L. 321 (2006).
Weiser (with John Gastil), Jury Service as an Invitation to Citizenship: Assessing the Civic Value of Institutionalized Deliberation, 34 Policy Studies J. 605 (2006).
The Relationship of Antitrust and Regulation In A Deregulatory Era, 50 Antitrust Bulletin 549 (2005).
Weiser (with Dale Hatfield), Policing the Spectrum Commons, 74 Fordham L. Rev. 101 (2005).
The Ghost of Telecommunications Past, 103 Mich. L. Rev. 101 (2005) (reviewing Paul Starr's The Creation of the Media) (2004).
The Internet, Innovation, and Intellectual Property Policy, 103 Colum. L. Rev. 534 (2003).
Weiser (with Joseph Farrell), Modularity, Vertical Integration and Open Access Policies: Towards A Convergence of Antitrust and Regulation in The Internet Age, 17 Harv. J. L. & Tech. 85 (2003).
Toward A Next Generation Regulatory Regime, 35 Loy. L. Rev. 101 (2003).
Goldwasser, the Telecom Act, and Reflections on Antitrust Remedies, 55 Admin. L. Rev. 1 (2003).
Regulatory Challenges and Models of Regulation, 2 J. Telecomm. & High Tech. L. 1 (2003).
Law and Information Platforms, 1 J. Telecomm. & High Tech. L. 1 (2002).
Cooperative Federalism, Federal Common Law, and The Enforcement of the Telecom Act, 66 N.Y.U. L. Rev. (2001).

Other Publications

Weiser (with Gabor Molnar & Eric Brosseau), International Spectrum Workshop Report, SSRN, Dec. 4, 2017..
What Carrier Doesn't Address, 61 Ala. L. Rev. 571 (Review: Innovation for the 21st Century: Harnessing the Power of Intellectual Property and Antitrust Law). (2010).

Book Chapters

Making The World Safe For Standard Setting in The Impact of Globalization on the United States. Vol. 2, Law and Governance, Beverly Crawford, ed. (2008). The stance of antitrust oversight of standard setting activities remains a work-in-progress. Over time, antitrust authorities have grown increasingly hospitable to cooperative standard setting efforts whereby jointly developed standards will facilitate the development of new products or services. In the information industries, such standards are ubiquitous and, moreover, are set by international standard setting organizations (SSOs) like the Internet Engineering Task Force (IETF). To be successful, SSOs must develop strategies to prevent firms from patenting technologies used in official standards and charging exorbitant royalties once a standard is adopted. In particular, SSOs face a range of options in terms of policies that govern the use of patents in official standards - even within the popular strategy of mandating reasonable and non-discriminatory (RAND) access to patents necessary to practice a standard. With multi-jurisdictional oversight of SSOs, the role of antitrust law - if inconsistent and overly aggressive - could be counterproductive. abstract
Rethinking Merger Remedies: Toward a Harmonization of Regulatory Oversight with Antitrust Merger Review, in Antitrust and Regulation in the EU and US: Legal and Economic Perspectives (Francois Leveque & Howard Shelanski eds.) (2008)..

Selected Press, Media & Publicity

Teaching Entrepreneurial Mindset to Everyone \| *Real Leaders Radio* \| Thursday, June 9, 2016
Spring Hiring Means New Deans at Five Law Schools \| *The National Law Journal* \| Thursday, April 14, 2016
Tom Perez, U.S. Labor Secretary, to Speak at CU-Boulder \| *Daily Camera* \| Thursday, February 4, 2016
U.S. Labor Secretary to Headline CU-Boulder Forum Feb. 9 \| *BizWest* \| Thursday, January 21, 2016
Most Influential People in Legal Education \| *The National Jurist* \| Friday, January 1, 2016
UColorado enrolls big 1L class \| *The National Jurist* \| Friday, October 9, 2015
The Law Deans: Philip J. Weiser, University of Colorado Law School \| *The Oklahoma Legal Group Blog* \| Wednesday, September 30, 2015
Caruso, DiStefano funding new entrepreneurship awards at CU \| *BizWest* \| Tuesday, September 29, 2015
CU Boulder launches new entrepreneurship initiative \| *Times-Call* \| Tuesday, September 29, 2015
'Prudent innovation' in law school--Colorado moves forward \| *ABA Journal* \| Thursday, September 10, 2015
Jamie Dimon unplugged: Create a good team and dump the jerks, says JPMorgan CEO in Boulder \| *Denver Business Journal* \| Monday, August 3, 2015

Courses:

Spring 2021	Supreme Court Decision Making	LAWS 7013-801
Fall 2019	Antitrust	LAWS 7201-801
Spring 2019	Seminar: Law and Economics of the Information Age	LAWS 8341-801
Fall 2018	Antitrust	LAWS 7201-801
Fall 2017	Telecommunications and Platform Law and Policy	LAWS 7241-001
Fall 2017	Seminar: Law and Economics of the Information Age	LAWS 8341-801
Spring 2017	Antitrust	LAWS 7201-001
Spring 2017	Antitrust	LAWS 7201-902
Spring 2016	Legal Ethics, Professionalism, and Creative Problem Solving	LAWS 5203-801
Spring 2016	Framing and Legal Narrative	LAWS 5211-801
Fall 2014	Telecommunications and Platform Law and Policy	LAWS 7241-001
Spring 2014	Entrep Innovation and Public Policy	LAWS 5201-802
Spring 2013	Entrep Innovation and Public Policy	LAWS 5201-801
Spring 2013	Framing and Legal Narrative	LAWS 5211-801

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