Adam Candeub Professor of Law MSU College of Law 443 Law College Building, East Lansing, MI 48823 517-432-6906 candeub@law.msu.edu PUBLICATIONS Digital Medicine, the FDA, and the First Amendment, Georgia Law Review (forthcoming 2015) Is There Anything New To Be Said About Network Neutrality? MSU Law Review (forthcoming 2015) Behavioral Economics, Internet Search, and Antitrust (forthcoming I/S: A Journal of Law and Policy for the Information Society) (Winter 2014) Transparency in the Administrative State, Symposium Issue, 51 Houston Law Review 385 (2013) Akratic Corporations and Dysfunctional Markets, Symposium Issue, 1 University of Virginia Criminal Law Review 243 (2013) Law and the Open Internet (with Daniel John McCartney), 64 Federal Communications Law J. 493 (2012) A Dead End for End-to-End? A Review Essay of Barbara van Schewick s Internet Architecture and Innovation, 64 Federal Communications Law J. 493 (2012) Transnational Culture in the Internet Age: New Paradigms for Law and Communications (ed., with Sean Pager) (2012) Introduction, Transnational Culture in the Internet Age: New Paradigms for Law and Communications (with Sean Pager) (2012) Modernizing Marriage (with Mae Kuykendall), 44 U. Mich. J.L. Reform 735 (2010-2011) Contract, Warranty, and the New Healthcare Legislation, 46 Wake Forest L. Rev. 46 (2011) 1
Network Growth: Theory and Evidence from the Mobil Telephone Industry (with Brendan Cunningham & Peter J. Alexander), 22 Information Econ. & Policy 91 (2010) Partisans and Partisan Commissions (with Keith Brown, Ph.D.), 17 George Mason L. Rev. 789 (2010) Shall Those Who Live By FCC Indecency Complaints Die by FCC Indecency Complaints? Symposium Issue, 2 Regent Univ. L. Rev. 307 (2010) Network Transparency: Seeing the Neutral Network (with Daniel John McCartney), 8 Northwestern J. of Tech. & IP (Spring 2010) An Economic Theory of Criminal Excuse, 50 Boston College L. Rev. 87 (2009) Media Ownership Regulation, the First Amendment, and Democracy s Future, 41 U.C. Davis L. Rev. 1547 (2008) (reprinted in The First Amendment Law Handbook 2009-10 (Rod Smolla. ed.)) Spring Symposium Issue: First Amendment Lochnerism? Emerging Constitutional Limitations on Government Regulation on Non-speech Economic Activity, The First Amendment and Measuring Media Diversity: Constitutional Principles and Regulatory Challenges, 33 N. Kentucky L. Rev. 373 (2006) The Law and Economics of Wardrobe Malfunction (with Keith Brown, Ph.D.), 2005 Brigham Young U. L. Rev. 1463 Creating A More Child-Friendly Broadcast Media, 3 Mich. State L. Rev. 911 (2005) Trinko and Re-grounding the Refusal to Deal Doctrine, 66 U. Pitt. L. Rev. 821 (2005) Access Remedies After Trinko (with Jonathan Rubin & Norman Hawker) in Network Access, Regulation and Antitrust (American Antitrust Institute, 2005) Can the FCC Regulate Media Ownership? American Bar Association, Focus on Law Studies (Jan. 2005) Network Interconnection and Takings, 54 Syracuse L. Rev. 369 (2004) Consciousness and Culpability, 54 Alabama L. Rev. 113 (2002) Motive Crimes and Other Minds, Comment, 142 U. Penn. L. Rev. 2071 (1994) 2
EXPERIENCE July 2004 Present Michigan State University College of Law East Lansing, MI Professor, College of Law Director, Intellectual Property, Information, and Communications Law Program (2007 Present) Mar. 2000 May 2004 Federal Communications Commission Washington, DC Attorney-Advisor Media Bureau (August 2001 June 2004) Common Carrier Bureau, Competitive Pricing Division (March 2000 August 2001) Mar. 1998 Mar. 2000 Jones, Day, Reavis & Pogue Washington, DC Litigation Associate Oct. 1996 Jan. 1998 Cleary, Gottlieb, Steen & Hamilton Washington, DC Corporate Associate Aug. 1995 Aug. 1996 Chief Judge J. Clifford Wallace San Diego, CA Law Clerk, U.S. Court of Appeals for the Ninth Circuit SELECTED CONFERENCES AND PRESENTATIONS Criminal Punishment and Altruistic Punishment, SEAL XIV Conference, University of Pennsylvania Law School, Philadelphia, PA, Apr. 5, 2013. Behavioral Economics, Internet Search, and Antitrust, I/S: A Journal of Law and Policy for the Information Society Symposium, Ohio State College of Law, Columbus, OH, Mar. 22, 2013. Behavioral Economics and Search, WIPIP ( Works in Progress in IP Conference), Seton Hall Law School, Newark, NJ, February 22, 2013. 3
2012 HLI Symposium: Legal, Medical, and Ethical Issues in Minnesota End-of-Life Care, Hamline University, Saint Paul, MN, November 8-9, 2012 Political Drivers and Signaling in Independent Agency Voting: Evidence from the Federal Communications Commission, Telecommunications Policy Research Conference, George Mason University Law School, Arlington, VA, Sept. 21, 2012 Political Drivers and Signaling in Independent Agency Voting: Evidence from the Federal Communications Commission, 2012 Annual Meeting of the American Law and Economics Association, Stanford University Law School, May 18-19, 2012 Reciprocate & Punish, SEAL XIII Conference, Emory University Law School, Atlanta GA, April 20-21, 2012 Anonymity and Self-Help Privacy, Anonymity and Identity in the Information Age, Benjamin N. Cardozo School of Law, New York, NY 10003, May 4, 2012 Anonymity and Self-Help Privacy, Governance of Social Media Workshop, Georgetown University, Washington, DC, Nov. 11-12, 2011 Self-Help Privacy and the Information Technologies, The Center for Intellectual Property Law and the Whittier Law Review, The 29th Annual Law Review Symposium: The Law of the Smart Phone, Costa Mesa, CA, Nov. 4, 2011 Reciprocate & Punish, Midwest Law and Economics Association, Univ. of Indiana Meurer School of Law, Bloomington, IN, Sept. 7, 2011 Maritime Law and Punitive Damages, The Resolution of International Maritime Disputes within the European and International Legal Framework, The 2nd Petar Šarcevic International Scientific Conference, Brijuni (Croatia), June 2-3, 2011 Law and the Open Internet, Case Western University Faculty Symposium Series, Nov. 18, 2010 International Regimes of Internet Disclosure, Elon University Law School Symposium, Greenborough, NC, Nov. 2, 2010 Law and the Open Internet, Telecommunications Policy Research Conference, George Mason University School of Law, Arlington, VA, Oct. 2, 2010 4
Law and the Open Internet, Penn State Department of Communications/New American Foundation Communications Workshop, Washington, DC, Oct. 1, 2010 E-Marriage, Annual Meeting of the American Law and Economics Association, Princeton University, Princeton, NJ, May 7-8, 2010 Empirical Research on FCC Voting, Midwest Political Science Association Annual Meeting, Chicago, IL, April 25, 2010 E-marriage, Faculty Presentation, University of Illinois College of Law, Champaign- Urbana, IL, April 13, 2010 Shall Those Who Live by FCC Indecency Complaints Die by FCC Indecency Complaints? Regent Law Symposium: The Intersection of Media and the Law, Regent University School of Law, Norfolk, VA, Oct. 9-10, 2009 Rule of Law, Regulation and Growth of Mobile Telecommunications, 2009 Annual Conference European Association of Law and Economics, Rome, Italy, Sept. 17-19, 2009 Network Neutrality and Network Transparency, Second International Symposium on Global Information Governance (ISGIG) Conflict and Collaboration in Compliance, Governance and Risk, Prague, Czech Republic, Sept. 15-17, 2009 Signals, Warranties, Accountability and Healthcare Effectiveness, Annual Meeting of the American Law and Economics Association, University of San Diego Law School, San Diego, CA, May 15-16, 2009 A Theory of Network Build-Out: The Case of Mobile Telephony (with Peter Alexander, Ph.D. & Prof. Brendan Cunningham), Wireless Technologies: Enabling Innovations and Economic Growth, Georgetown Center for Business and Public Policy, Apr. 17, 2009 Signals, Warranties, Accountability and Healthcare Effectiveness, Annual Meeting of the American Law and Economics Association, University of San Diego Law School, San Diego, CA, May 15-16, 2009 A Theory of Network Build-Out: The Case of Mobile Telephony (with Peter Alexander, Ph.D. & Prof. Brendan Cunningham), Wireless Technologies: Enabling Innovation and Economic Growth, Georgetown Center for Business and Public Policy, Apr. 17, 2009 5
Signals, Warranties, Accountability and Healthcare Effectiveness, Consortium on Law and Values in Health, Environment & the Life Sciences 10th Anniversary Conference, What's Next in Law, Health & The Life Sciences? Debating Openness, Access & Accountability, University of Minn. School of Law, Minneapolis, MN, Mar. 6, 2009 Broadband and the Stimulus Bill, Michigan Forum on Regulation, Institute for Public Utilities, Jan. 30, 2009 Salzburg Global Seminar, Fellow in Intellectual Property, Salzburg, Austria, Dec. 6-11, 2008 A Theory of Network Build-Out: The Case of Mobile Telephony (with Peter Alexander, Ph.D. & Prof. Brendan Cunningham), Italian Society of Law & Economic Annual Conference, Bologna, Italy, Nov. 7-8, 2008 Signals, Warranties, Accountability and Healthcare Effectiveness, Syracuse University College of Law, Faculty Colloquium, Nov. 13, 2008 An Economic Theory of Criminal Excuse, Social & Personality Psychology Colloquium, Department of Social Psychology, Michigan State University, East Lansing, MI, Oct. 10, 2008 Network Neutrality and Network Transparency (with Dan McCartney), Telecommunications Policy Research Conference, George Mason University School of Law, Washington, DC, Sept. 26-8, 2008 Reciprocate & Punish, Big Ten Untenured Conference, Indiana University School of Law Bloomington, Indiana, Aug.3-5, 2008 What Do Bureaucrats Want? Estimating Regulator Preferences at the FCC, Annual Meeting of the American Law and Economics Association, Columbia Law School, New York City, New York, May 16-17, 2008 What Do Bureaucrats Want? Estimating Regulator Preferences at the FCC, Midwest Political Science Association Annual Meeting, Chicago, Apr. 3-6, 2008 An Economic Theory of Criminal Excuse, Faculty Seminar, George Mason University School of Law, Washington, DC, Oct. 16, 2007 A Theory of Network Build-Out: The Case of Mobile Telephony (with Peter Alexander, Ph.D. & Prof. Brendan Cunningham), Telecommunications Policy Research Conference, George Mason University School of Law, Washington, DC, Sept. 28-9, 2007. Fifth Annual Works in Progress Intellectual Property Colloquium, American University, Washington College of Law, Washington, DC, Sept. 28-9, 2007. 6
Media Conglomeration, the First Amendment, and Democracy s Future, Joint Annual Meetings of the Law and Society Association and Research Committee on Sociology of Law (ISA), Humboldt University, Berlin, Germany, July 25-8, 2007. Invited Participant, 6 th Annual Loyola Antitrust Colloquium, Institute for Consumer Antitrust Studies, Loyola University Chicago School of Law, Chicago, IL, Apr. 13-4, 2007. Waiting for Convergence, 38 th Annual Regulatory Conference, Institute of Public Utilities, Richmond, VA, Dec. 4-6, 2006. Media Conglomeration, the First Amendment, and Democracy s Future, The Wharton Colloquium on Media and Communications Law, University of Pennsylvania, Philadelphia, PA, Dec. 1-2, 2006. The Federal Communications Commission and Media Ownership, Corporations & the First Amendment: Examining the Health of Democracy, Center on Corporations, Law & Society, Seattle University School of Law, Seattle, Washington, Nov. 30, 2006. Ideology versus Partisanship: Regulator and Judge Behavior over the Election Cycle in an Independent Agency (with Keith Brown, Ph.D.), Telecommunications Policy Research Conference, George Mason University School of Law, Washington, DC, Sept. 28-9, 2006. First Amendment Lochnerism?: Constitutional Limitations on Economic Regulation of Communications, Information, and Technology Industries, Northern Kentucky Law Review Symposium, Highland Heights, KY, Mar. 3, 2006. Right-of-Way and Video Franchising Reform, International Right-of-Way Association Annual Meeting, East Lansing, MI, Mar. 2, 2006. FCC Policy Developments, Michigan Forum on Telecommunications & Energy Regulatory Policy, Institute of Public Utilities, East Lansing, MI, Jan. 26, 2006. The Telecommunications Act of 1996: A 10th Anniversary Retrospective, Southern Illinois University Carbondale Law School, Carbondale, IL, Feb. 13, 2006. Municipal Wi-Fi: Regulatory Choices, 37 th Annual Regulatory Conference, Institute of Public Utilities, Richmond, VA, Dec. 5-6, 2005. 7
Moderator, GLIMA Mid-Michigan Panel, Prospects for Mid-Michigan and The Capital City Region in Rewriting the Michigan Telecommunications Act, Michigan State University College of Communication Arts and Sciences, East Lansing, MI, Oct. 6, 2005. Creating A More Child-Friendly Broadcast Media, Children and the First Amendment Conference, Michigan State University, Feb. 25, 2005. Federal Policy Developments, Michigan Forum on Regulation, Institute for Public Utilities, Jan. 21, 2005. Common Carriage at the Crossroads, Telecommunications Policy Research Conference, George Mason University School of Law, Oct. 2, 2004. Intellectual Property, Sustainable Development, and Endangered Species: Understanding the Dynamics of the Information Ecosystem, Michigan State University-DCL College of Law, Mar. 26-7, 2004. Intellectual Property and the Sixth Estate: First Annual Intellectual Property and Communications Law and Policy Scholars Roundtable, Michigan State University-DCL College of Law, Feb. 20-1, 2004. EDUCATION University of Pennsylvania Law School, J.D. magna cum laude 1992-95 Philadelphia, PA University of Pennsylvania Law Review, Articles Editor 1994-1995 Order of the Coif Yale University, B.A. magna cum laude 1986-90 New Haven, CT Major in philosophy and environmental studies Ellsworth Prize for senior essay in the humanities 8
COURSES TAUGHT Administrative Law/ Regulatory State Communications Law Criminal Law Criminal Procedure Privacy and Information Security Cyber Law Ediscovery Ratemaking and Utilities Law Introductory Intellectual Property AWARDS Tilburg Law and Economics Center Award for Research in Search Engines (with S. Wildman) Fulbright Lecture and Research Fellowship, University of Rijeka Faculty of Law, Croatia, Spring 2011 Best Paper, Consortium on Law and Values in Health, Environment & the Life Sciences 10 th Anniversary Conference, University of Minnesota. 9