Babette Boliek

Babette Boliek

Babette Boliek is an associate professor of law at Pepperdine University School of Law where she teaches a variety of courses including Communications Law, Antitrust, Contracts and Corporations. She is a visiting fellow with AEI'c Center for Internet, Communications, and Technology Policy. She holds a J.D. from Columbia University School of Law and a Ph.D. in Economics from the University of California, Davis. Her emphasis on law and economics is apparent in Boliek’s doctoral and subsequent writings that present theoretical and quantitative analyses of legal issues in the fields of communications, administrative, and antitrust law with particular focus on the effects of regulations on the U.S. telecommunication industry. Her scholarly writings may be found in the Boston College Law Review, Fordham Law Review, the Hastings Law Journal and other scholarly outlets and cover such diverse topics as net neutrality, sports telecasts, agency jurisdiction and the use of agency emergency powers. While at Columbia, she was both a Harlan Fiske Stone Scholar and a John M. Olin Fellow for Law and Economics. After law school, Professor Boliek clerked for the Honorable Michael B. Mukasey and practiced law with the New York law firm of Friedman, Kaplan, Seiler and Adelman.
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Antitrust vs. net neutrality: Consumer welfare in focus

Last Friday, the House Judiciary Committee heard testimonies on “Net Neutrality: Is Antitrust More Effective than Regulation in Protecting Consumers and Innovation?” I, however, would characterize the question a la a Seinfeld episode (paraphrasing): “Are you just saying you want to have Internet freedom for the little guy or do you really want to have Internet freedom for the little guy?”*

If you want to protect the little guy, then this committee hearing was for you.  The...

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The FCC Open Meeting: Far less of a monumental happening than you thought

Reports are in that the FCC voted yes on Open Internet rules today.  Like so much of the reporting on net neutrality, however, this is wrong – or, to be kind, inaccurate.  Today the FCC voted 3-2 along party lines to permit the Notice of Proposed Rule Making to proceed to a period of open comment.  That is a long way to say that there is no FCC Open Internet Rule yet – but...

The Supreme Court struggles to find an analogy for Aereo

Aereo – the little Brooklyn David that would slay broadcaster Goliaths – got its day in court yesterday.  All nine justices considered whether or not Aereo’s business, which allows subscribers to access one of Aereo’s dime-sized antennas to capture local broadcast transmissions, violates US copyright law.  In particular, the court pondered whether or not Aereo is engaged in the impermissible public performance of copyrighted material...

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Hey Comcast – let’s talk sports (regional sports networks that is)

I am usually not surprised at America’s fascination with sports telecasts (I share it; that’s why I write on it!).  But surprised I was when not just one, but at least three Senators took a great deal of time to pose questions about sports programming during the Comcast/Time Warner hearing.  As any good fielder would do, I called out to the television “I got this,” but the Senators apparently didn’t hear the play.  So...

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It’s not personal Netflix, it’s just business

The CEO of Netflix, Reed Hastings, made a bit of a news splash when he posted his lament that Netflix voluntarily decided to pay Comcast directly for some Internet transit.  He shouldn’t be gnashing his teeth but should be celebrating his new status as one of the “big boys.”  The truth is that large successful Internet companies like Google, Amazon and Microsoft have...