Information about http://lawweb.colorado.edu/files/vitae/weiser.pdf

Philip J. Weiser …

Tags: business sponsors, colorado public utilities commission, community outreach, history concentration, law and economics, law clinics, law professors, leading journal, moot court competition, new york university, new york university school of law, order of the coif, princeton university, program fellow, public affairs program, public utilities commission, scholarship service, telecommunications program, university of colorado school of law, university of pennsylvania school of law,
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                                     Philip J. Weiser
                             University of Colorado School of Law
                                           UCB 401
                                      Boulder, CO 80309
Education
New York University School of Law. J.D., 1994 with High Honors.
      Honors: Sommer Award for excellence in scholarship, service and character (highest
      award given at graduation); Rubin Law Review Prize for the outstanding note in public
      law; Orson S. Marden Moot Court Competition Runner-up; Order of the Coif.
Swarthmore College. B.A., 1990 with High Honors. Major in Political Science. Minors in
Economics and History. Concentration in Public Policy.

Academic Experience
Professor, University of Colorado
June 2006 ­ present. Joint appointment in the School of Law and in the Interdisciplinary
Telecommunications Program. Recipient of Teaching Excellence Award in 2000-2001.

Visiting Professor, University of Pennsylvania School of Law
Sept. 2006 ­ December 2006.

Associate Professor, University of Colorado
Jan. 1999 ­ June 2006.

Law and Public Affairs Program Fellow, Princeton University
Aug. 2001 ­ June 2002. One of six law professors selected as a scholar-in-residence.

Founder and Executive Director, Silicon Flatirons Center for Law, Technology, and
Entrepreneurship
Jan. 2000 ­ present. Responsible for creating a center focused on spurring interdisciplinary
engagement, community outreach, and supporting student interest in the intersection of
technology, policy, and business. Sponsors two law clinics, a leading journal on technology law,
a series of vibrant seminars (including the influential Digital Broadband Migration conference),
and nationally known programs like the Institute of Regulatory Law and Economics.

Professional Experience
Special Master, Colorado Public Utilities Commission
Jan 2001 ­ Jan 2002. Developed, through a combination of mediation and arbitration, a
proposed plan to govern Qwest's wholesale performance after its entry into long distance.

Special Counsel to Cablevision Systems Corporation
Aug. 1998 ­ Dec. 1998. Coordinated legal and regulatory strategy on behalf of Cablevision in a
proceeding investigating Boston Edison's entry into telecommunications and cable markets.

Senior Counsel to Joel Klein, Assistant Attorney General, Antitrust Division, US Dept. of Justice
Sept. 1996 ­ Aug. 1998. Responsibilities included advising the AAG on antitrust policy,
primarily in the telecommunications industry, as well as participating in civil investigations.

Law Clerk to Justice Byron R. White (Ret.), United States Supreme Court. Sept. 1995-Aug. 1996.
Also served as law clerk to Justice Ruth Bader Ginsburg.
Law Clerk to Judge David M. Ebel, Tenth Circuit Court of Appeals. Sept. 1994- Aug. 1995.

Director of Transition, Town of Greenburgh. November 1991-January 1992.

Campaign Manager, Feiner for Town Supervisor. June-November 1991.

New York City Urban Fellows Program. September 1990-May 1991.

Service Activities

Community:
Pro Bono Legal Representation
June 1999-present ­ served as counsel in five cases before the U.S. Court of Appeals for the
Tenth Circuit. Represented indigent litigants in four of the cases.

Rose Community Foundation Jewish Life Committee. January 2008-present.

Hillel Council of Colorado Board of Directors. June 1999 ­ June 2001

Jewish Community Relations Council. September 2000-June 2001; September 2006-present.

State Government:
Colorado Innovation Council. October 2007-present (co-chair).

Telecom Dept.:
Dept. of Telecom Director Search Committee. Jan. 1999 ­ Jan. 2000; June 2001 ­ March 2002;
June 2007-present (chair).

Chair of Telecom. Policy Lunch Series. August 2002- May 2003; May 2005-present.

Transition Committee For The Reorganization of CAETE. April 2003-August 2003.

Law School:
Associate Dean for Research. June 2007-present.

Law School Strategic Planning Committee. February-June 2006.

Law School Appointments Committee. July 2004-July 2005, Member. July 2005-July 2006
(Chair). July 2007-present.

Law School Policy Management & Budget Committee. September 2003-June 2004; September
2005-May 2006. September 2007-present.

Law School Academic and Curricular Affairs Committee. Jan. 1999 ­ June 2001. August 2002
­ August 2004 (Chair).

Advisor to Student Telecom Association/IP Students Association. September 1999 ­ present.

Chair of Clerkship Committee.        Jan. 1999 ­ July 2004.
Advisor to Journal on Telecommunications and High Tech Law. June 2001 ­ June 2006.

Campus and System:
ATLAS Advisory Board August 2000 ­ present.

Committee on Restricted Proprietary and Classified Research, August 2007 ­ present.

University Committee on Discoveries, September 2003-June 2006; Chair until September 2005.

Technology Transfer Advisory Board, January 2004 - December 2005.

CIT Telecommunications Advisory Board. May ­ Oct. 2002.

Organizing Committee, Discovery Learning Center Conference. Jan. ­ May 2000.

Information Technology Self-Study. August 2000 ­ May 2001.

Technology Transfer Director Search Committee. March - June 2001.

Worldwide and Nationwide Telecom Activities:
Board of Directors, Telecommunications Policy Research Conference, September 2007-present.

Program Committee, Telecommunications Policy Research Conference, September 2005-September
2007.

Policy Committee Technical Chair, Dynamic Spectrum Access Conference January 2005-
November 2005.

Working Group Chair, Digital Age Communications Act Project February 2005-November
2005.

Editorial Board, I/S: a Journal of Law and Policy for the Information Society, January 2005-present

Editorial Board, The International Journal of IT Standards & Standardization Research, January
2004-present.

Vice Chair, American Bar Association Administrative Law Section's IP Division, January 2005-
present.

Vice Chair, American Bar Association Administrative Law Section's Communications Division,
January 2005-June 2007


Publications

Books
Telecommunications Law and Policy (2d ed. 2006) (with Stuart Benjamin, Doug Lichtman, and
Howard Shelanski)
Digital Crossroads: American Telecommunications Policy in the Internet Age (MIT Press 2005)
(with Jon Nuechterlein)

Monographs
Aspen Institute Roundtable on Communications Policy Report on A Framework for A National
Broadband Policy (2008).
Aspen Institute Roundtable on Communications Policy Report on The Future of Video (2007).
Aspen Institute Roundtable on Spectrum Policy Report on Clearing the Air: Convergence and
the Safety Enterprise (2006).

Academic Articles or Book Chapters
"The Next Frontier for Network Neutrality," 60 Admin L Rev __ (2008).
"Spectrum Policy Reform and the Next Frontier of Property Rights," 15 George Mason L. Rev.
__ (2008) (with Dale Hatfield).
"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).
"Rethinking Merger Remedies: Toward a Harmonization of Regulatory Oversight with Antitrust
Merger Review," in Antitrust and Regulation in Network Industries: Evolving Approaches in
Europe and the United States (Francois Leveque &, Howard Shelanski, eds., 2008).
"In Pursuit of a Next Generation Network for Public Safety Communications," 16 CommLaw
Conspectus - Journal of Communications Law and Policy 97 (2007) (with Dale Hatfield).
"Communicating After Disasters: Toward Interoperability and Effective Information
Management," 59 Federal Communications Bar Journal 547 (2007).
 "Should Liability Rules or Property Rules Govern Information?," 85 Texas Law Review 783
(2007).
"Jury Service As An Invitation to Citizenship: Assessing the Civic Value of Institutionalized
Deliberation," 34 Policy Sciences Journal 605 (2006) (with John Gastil).
"A Digital Age Communications Act Paradigm for Federal-State Relations," 4 J. Telecomm. &
High Tech. L. 321 (2006) (with Kyle Dixon)
"The Relationship of Antitrust and Regulation in A Deregulatory Era," 50 Antitrust Bulletin 549
(2005).
"Policing the Spectrum Commons," 74 Fordham L. Rev. 101 (2005) (with Dale Hatfield)
"The Ghost of Telecommunications Past," 103 Mich. L. Rev. 1671 (2005).
"First Principles for an Effective Rewrite of the Telecommunications Act of 1996," AEI-
Brookings Joint Center Paper Series (2005) (with Jon Nuechterlein).
"Cooperative Federalism and Its Challenges," 2003 Mich. St. L. Rev. 727.
"Regulatory Challenges and Models of Regulation," 2 J. Telecom. & High Tech. L. 1-15 (2003).
"Justice White and Judicial Review," 74 Colo. L. Rev. 1305-1318 (2003).
"Toward A Next Generation Regulatory Regime," 35 Loyola L. Rev. 41 (2003).
"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) (with Joseph Farrell).
"Goldwasser, The Enforcement of the Telecom Act, and Antitrust Remedies," 55 Admin. L. Rev. 1-
21 (2003).
"The Internet, Innovation, and Intellectual Property Policy," 103 Colum. L. Rev. 534-613 (2003).
"Law and Information Platforms," 1 J. Telecom. & High Technology L. 1-35 (2002).
"The Imperative of Harmonization Between Antitrust and Regulation," 698 PLI/Pat 73-88 (2002).
"Cooperative Federalism, Federal Common Law, and The Enforcement of the Telecom Act," 66
N.Y.U. L. Rev. 1692-1767 (2001).
"Internet Governance, Standard Setting, and Self-Regulation," 28 N. Ky. L. Rev. 822 (2001).
"Toward A Constitutional Architecture For Cooperative Federalism," 79 N.C. L. Rev. 663 (2001).
"Promoting Informed Deliberation and A First Amendment Doctrine For A Digital Age: Towards A
New Regulatory Regime for Broadcast Regulation," Deliberation, Democracy, and the Media
(Costain and Chambers, eds., 2000).
"Paradigm Changes in Telecommunications Regulation," 71 U. Col. L. Rev. 819 (2000).
"Chevron, Cooperative Federalism, and Telecom Reform," 52 Vand. L. Rev. 1 (1999).
"What's Quality Got To Do With It: Constitutional Theory, Politics and Education Reform," 21
N.Y.U. Review of Law & Social Change 745 (1995).
"Ackerman's Proposal for Popular Constitutional Lawmaking: Can It Realize His Aspirations for
Dualist Democracy?," 68 N.Y.U. L. Rev. 907 (1993).

Policy Briefs
Report from Center for the New West Conference on Network Neutrality (2007)
Property Rights in Spectrum (2006) (with Dale Hatfield)
Toward a Next Generation Architecture for Public Safety Communications (2006) (with Brad
Bernthal and Dale Hatfield)
Report from Center for the New West Conference on Universal Service (2005)

Newspaper and Magazine Articles
A Third Way on Network Neutrality, New Atlantis (Summer 2006).
Rhetoric Clouds Network Neutrality Debate, Denver Post (June 18, 2006).
Swiftly Changing Market Creates Regulatory Challenges, Rocky Mountain News (December 10,
2005).
Whose Broadband Nation?, Foreign Affairs (Sept. 2005)
The Behemoth Is Dead. Long Live the Behemoth, Washington Post (February
27, 2005; Page B03).
Lessons From Microsoft, CNN.com (June 8, 2000)

Federal Testimony
"The 700 MHz Auction: Public Safety and Competition," U.S. Senate Committee on Commerce,
Science and Transportation (June 14, 2007).
"Testimony on Broadband Connectivity Competition Policy," Federal Trade Commission (February
14, 2007).
"Competition in the Telecommunications Marketplace: How Technology is Changing the Structure
of the Industry," U.S. House of Representatives Committee on Energy and Commerce (March 2,
2005).

Notable Presentations
"The Regulation of Network Management Practices," Cablelabs Law & Technology Conference
(March 7, 2008)
"Voice over Internet Protocol Changes Everything," National Association of State Public Utility
Commissioners Winter Conference (February 18, 2008)
"Colorado Broadband Summit," Colorado Office of Information Technology (November 16,
2007).
"The Changing Patent System," 20th Annual Court of Claims Judicial Conference (October 11,
2007).
"Cable's Challenges and Opportunities," Colorado Cable Association (June 11, 2007).
"Metzger Associates' Second Annual New Media Summit," Denver Press Club (May 31, 2007).
"The Future of Telecommunications," Denver Telecommunications Professionals (February 22,
2007).
"The Future of Rural Telecommunications," Colorado Telecommunications Association Annual
Conference (February 19, 2007).
"Standardizing Antitrust's Approach to Standard Setting," Globalization Comes Home
Conference, UC-Berkeley (February 1, 2007).
"Digital Convergence and Its Policy Implications," The Fourth Annual Telecommunications and
IP Conference Sponsored by UC-Berkeley and Seoul National University in Hawaii (January 13,
2007).
 "Reflections on Trinko and Telecommunications Policy," AALS Antitrust Section Panel
(January 5, 2007).
"Toward A Next Generation Spectrum Policy," University of Pennsylvania Ad Hoc Colloquium
Series (December 5, 2006).
"Communicating After the Disaster," University of Pennsylvania Program on Risk Regulation
(November 28, 2006).
"Toward A Next Generation Spectrum Policy," Telecommunications Policy Research Policy
(September 29, 2006).
"The End of the World As We Knew It: The Internet Revolution and the Law," Tenth Circuit
Judicial Conference (September 9, 2006).
"Confronting the New Realities of A Changing Telecommunications Landscape," Keynote Address
to the Qwest Regional Oversight Committee (March 29, 2006).
"Toward Property Rights In Spectrum," University of Virginia Faculty Colloquium Series (February
2, 2006).
"Merger Remedies and the Intersection of Antitrust and Regulation," Federal Trade Commission
Seminar (February 1, 2006).
"Rethinking Merger Remedies," 3rd Mines/Berkeley International Antitrust Conference on
Balancing Antitrust and Regulation in Network Industries (January 13, 2006).
"Telecom's Brave New World," Austin Scott Lecture (November 15, 2005).
"The Future of Internet Regulation," Washington Internet Summit (November 11, 2005).
"Spectrum Property Rights," IEEE Dynamic Spectrum Access Networks Conference Plenary
Session Address (November 10, 2005).
"Not Getting Spooked By the Supremes: Dos and Don't on Handling Cert Petitions," CLE Session
at the Colorado Attorney General's Office (October 31, 2005).
"Technological Change and The Law," Appellate Judges Education Institute (October 1, 2005).
"Toward A Next Generation Spectrum Policy," IP Scholars Conference (August 11, 2005).
"Reforming Federal-State Jurisdictional Relations Under A New Telecom Act," Address to the
National Association of Regulatory Utility Commissioners (July 27, 2005).
"Understanding Grokster and the Future of Digital Copyright," Colorado Intellectual Property
Society (July 21, 2005).
"The Challenges and Opportunities Presented by Technological Change," Address to the Oklahoma
Telephone Association (June 13, 2005).
"The Changing Telecommunications Marketplace," Presentation to the New Mexico Public Utilities
Commission (June 9, 2005).
"Understanding the Changing Telecommunications Environment," Tenth Circuit Court of Appeals
Judicial Conference (June 8, 2005).
"Congressional Seminar on Universal Service," Center for the New West (April 22, 2005).
"Reforming The Patent System," Colorado Intellectual Property Institute (April 29, 2005).
 "Policing the Commons," Presentation at the Telecommunications Policy Research Conference
(Oct. 2, 2004).
"Institute for Regulatory Law and Economics," Progress and Freedom Seminar for State Regulators
(May 16-20, 2004) (also March 2005; May, 2005; February 2006; April 2007).
"The IP-Antitrust Intersection," Colorado Intellectual Property Institute (June 11, 2004).
"The Future of Voice over IP," Colorado Telecommunications Association Winter Conference
(January 26, 2004).
"Academic-FCC Seminar on Developing A Research Agenda," Federal Communications
Commission (December 5, 2003).
"Legal Issues in the Secure Digital Domain," Cablelabs Summer Conference (August 12, 2003).
"Digital Content and Its Challenges, Colorado Intellectual Property Institute (June 13, 2003).
"Open Source Software Licenses & the University," Presentation to Professors Involved In
Technology Transfer (December 10, 2002).
"Intellectual Property Issues Faced by Universities," Presentation to President's Teaching Scholars
Retreat (Oct 12, 2002).
"Networks Unplugged: Toward A Model for Regulating Information Platforms," Presentation at the
Telecommunications Policy Research Conference (Sept. 24, 2001).
"Economic Issues in the Telecommunications Industry," Testimony before Colorado State
Legislature (July 29, 1999).

Courses Taught
Antitrust Law
Constitutional Law
Entrepreneurial Law Clinic
Introduction to Intellectual Property Law
Law and Economics of the Information Age (seminar)
Legal Ethics and Professionalism
Privacy, Security, and Digital Rights Management
Separation of Powers (seminar)
Supreme Court Decisionmaking
Technological Change, Economic Growth & The Law (seminar)
Telecommunications Law and Policy

Selected List of Conferences Organized:
Telecommunications Law for the Twenty First Century, January 2000
Telecommunications After Bell Entry, April 2000
The Challenges of Convergence, September 2000
The Future of High Tech Startups, February 2001
Public Values and the Architecture of the Internet, March 2001
Role of Localities and States in Telecom Regulation, April 2001
After Microsoft, September 2001
The Future of Broadband Communications Monday, November 2001
The Regulation of Information Platforms, February 2002
The Commons-Property Rights Model Debate For Wireless Spectrum Policy, February 2002
Privacy, Security, and Digital Rights Management, Monday, Sept. 30 2002:
The Future of Communications Policy: An Address By Senator Fritz Hollings, October 2002
International Telecommunications Regulation, Monday, Oct. 21 2002
New Directions In Wireless Policy, Address By FCC Chairman Michael Powell, Oct 30, 2002
Models of Regulation For The New Economy, February 2003
Cleaning Up The Telecom Mess, February 2003
New Frontiers in Wireless Policy, April 2003
Emerging Communications Technologies: Wireless Developments and Beyond, October 2003
The AT&T Case In Perspective: A Twenty Year Retrospective, October 2003
A Regulatory Regime for the Internet Age, February 2004
Financing A High Technology Startup, March 2004
Telecommunications and Bankruptcy: Lessons from the Bust, September 2004
The Cable Acts in Perspective: A Twenty Year Retrospective, September 2004
Universal Service and E-911 Policy In An Age of Convergence, October 2004
The Creation of the Media, November 2004
The CIO Summit, January 2005
Rewriting the Telecom Act, February 2005
Open Source, Open Standards, and the Future of the Internet, March 2005
The End of Politics As We Knew It: The Internet and Political Participation, September 2005
Searching For the Third Broadband Pipe, September 2005
The Rise of the Cable Industry and Its Future, October 2005
Re-Examining the Role of States and Localities in Telecom Regulation, October 2005
Commercial Opportunities at the Technological Frontier, November 2005
Confronting the New Regulatory Frontiers, February 2006
The Challenges of Information Management: An Interdisciplinary Perspective on Secure Data
Collection, Storage and Retention, March 2006.
Re-examining The Patent System, April 2006.
Spectrum Revolutions, September 2006
Confronting Cable's Technological Frontier, October 2006.
Network Convergence, November 2006.
The Next Wave of Innovation, February 2007.
The Web and The West, March 2007
Taking Stock of the Antitrust Modernization Commission Report, September 2007
The Future of User Generated Content, October 2007
Public Safety, New Technologies, and the Future of Emergency Response, November 2007.
Information Policy for the Next Administration, February 2008
Innovation, Intellectual Property, and Opportunities for Entrepreneurship, March 2008