Stuart M. Benjamin

Forthcoming

Partisan Panel Composition and Reliance on Earlier Opinions in the Circuit Courts, 1 Journal of Law and Empirical Analysis (forthcoming) (with others)

Books

Internet and Telecommunication Regulation (Carolina Academic Press, 2019 (with James B. Speta), 2nd ed., 2023 (with Barak D. Richman & James B. Speta))
Telecommunications Law and Policy (Carolina Academic Press, 2001, 2d ed. 2006, 3d ed. 2012, 4th ed. 2015) (with James B. Speta)

Articles & Essays

Anti-Patents, 91 University of Chicago Law Review 239-277 (2024) (with others)
Twenty-First Century Split: Partisan, Racial, and Gender Differences in Circuit Judges Following Earlier Opinions, 49 Brigham Young University Law Review 367-463 (2023) (with others)
Ships Passing in the Night: The Communications Act and the Convergence on Broadband, 37 Berkeley Technology Law Journal 527-566 (2022)
The First Amendment and Algorithms, in The Cambridge Handbook of the Law of Algorithms 606-631 (Woodrow Barfield, ed., 2021)
The Paradoxical Impact of Scalia’s Campaign Against Legislative History, 105 Cornell Law Review 1023-1092 (2020) (with Kristen Renberg)
Administrative Power in the Era of Patent Stare Decisis, 65 Duke Law Journal 1561-1597 (2016) (with Arti Rai)
Judicial Retirements and the Staying Power of U.S. Supreme Court Decisions, 13 Journal of Empirical Legal Studies 5-26 (2016) (with Georg Vanberg)
Common Sense and Key Questions, 127 Harvard Law Review Forum 346-350 (2014)
Algorithms and Speech, 161 University of Pennsylvania Law Review 1445-1493 (2013)
Bootstrapping, 75 Law & Contemporary Problems 115-143 (No. 3 2012)
Standing the Test of Time: The Breadth of Majority Coalitions and the Fate of U.S. Supreme Court Precedents, 4 Journal of Legal Analysis 445-469 (2012) (with Bruce A. Desmarais)
Transmitting, Editing, and Communicating: Determining What 'The Freedom of Speech' Encompasses, 60 Duke Law Journal 1673-1713 (2011)
Mr. Presidential Candidate: Whom Would You Nominate?, 42 Loyola of Los Angeles Law Review 293-334 (2009) (with Mitu Gulati)
Roasting the Pig to Burn Down the House: A Modest Proposal, 7 Journal on Telecommunications & High Technology 95-105 (2009)
Structuring U.S. Innovation Policy: Creating a White House Office of Innovation Policy (2009) (with Arti K. Rai)
Fixing Innovation Policy: A Structural Perspective, 77 George Washington Law Review 1-88 (2008) (with Arti K. Rai)
Tennis with the Net Down: Administrative Federalism Without Congress, 57 Duke Law Journal 2111-2155 (2008) (with Ernest A. Young)
In Appreciation: Katharine T. Bartlett, 56 Duke Law Journal i-xii (2007) (with others)
Who's Afraid of the APA? What the Patent System Can Learn from Administrative Law, 95 Georgetown Law Journal 270-336 (2007) (with Arti K. Rai)
Evaluating E-Rulemaking: Public Participation and Political Institutions, 55 Duke Law Journal 893-941 (2006)
Evaluating the FCC's National Television Ownership Cap: What's Bad for Broadcasting Is Good for the Country, 46 William & Mary Law Review 439-511 (2004)
Spectrum Abundance and the Choice Between Private and Public Control, 78 New York University Law Review 2007-2102 (2003)
The Logic of Scarcity: Idle Spectrum as a First Amendment Violation, 52 Duke Law Journal 1-111 (2002)
Proactive Legislation and the First Amendment, 99 Michigan Law Review 281-364 (2000)
Stepping into the Same River Twice: Rapidly Changing Facts and the Appellate Process, 78 Texas Law Review 269-373 (1999)
Equal Protection and the Special Relationship: The Case of Native Hawaiians, 106 Yale Law Journal 537-612 (1996)
The Applicability of Just Compensation to Substantive Due Process Claims, 100 Yale Law Journal 2667-86 (1991)

Newspaper Articles and Commentary

Striking Language from the Trump Administration's Complaint in United States v. John Bolton, Volokh Conspiracy (June 16, 2020)
Coronavirus Recovery Act Exempts the Fed From the Government in the Sunshine Act. Woohoo! (Really), Volokh Conspiracy (April 9, 2020)
Come for the Judicial Opinion, Stay for the "Additional Views", Volokh Conspiracy (March 19, 2020)
Judge Sentelle Smacks Down the Trump Administration, Volokh Conspiracy (February 14, 2020)
Forced to Choose? Picking a Playoff Opponent, Volokh Conspiracy (February 11, 2020)
@RealDonaldTrump and Twitter: Public Forums and Private Architecture, Volokh Conspiracy (July 9, 2019)
What Is the ‘Do No Harm’ Position on the First Amendment in Cyberspace?, Volokh Conspiracy (June 19, 2017)
Choosing Which Cable Channels to Provide Is Speech, but Offering Internet Access Is Not, Volokh Conspiracy (May 1, 2017)
President Trump's Executive Order on Regulatory Costs Imperils the Rest of His Regulatory Agenda, Washington Post (January 30, 2017)
D.C. Circuit Buries Supreme Court Precedent, Washington Post (October 11, 2016)
Providing Internet Access Isn't Speech, Washington Post (June 15, 2016)
Yes, Donald Trump Can Announce Whom He Would Appoint, Washington Post (May 18, 2016)
The Opinions Justice Scalia Joined will Start Being Treated Worse, Even if He is Replaced by a Like-Minded Justice, Washington Post (February 26, 2016)
Why Would a Trial Judge Make His Bias so Clear?, Washington Post (September 8, 2015)
What Does Congress Mean by "Methodology"?, Washington Post (June 12, 2015)
Q: "Do You Know of Any Case in Which We Have Halted a Proposed Rulemaking?" A: "I Do Not, Your Honor.", Washington Post (April 17, 2015)
FCC Net Neutrality Order -- Quick Turnaround for an Agency, Slow for Internet Time, Washington Post (March 12, 2015)
What was the Coalition to Defend Affirmative Action Thinking?, Washington Post (April 22, 2014)
If an Algorithm Generated this Post, is it First Amendment Speech?, Washington Post (March 18, 2014)
On Net Neutrality, the FCC Says it has Heard Enough From the Courts, For Now, Washington Post (February 19, 2014)
Calling FCC Authority a "Loophole" Assumes the Conclusion, Washington Post (January 24, 2014)

Directory

Bibliography

Forthcoming

Books

Articles & Essays

Newspaper Articles and Commentary