Articles

A Fork in the Blockchain: Income Tax and the Bitcoin/Bitcoin Cash Hard Fork

Volume 19, Online Issue (May 2018)

On August 1, 2017, the Bitcoin blockchain experienced a hard fork. The hard fork, spurred by concerns over Bitcoin’s scalability, resulted in an entirely new blockchain and an accompanying new cryptocurrency: Bitcoin Cash. However, the new blockchain relies on the history of transactions recorded on the old blockchain. Consequently, at the time of the hard

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Nick Webb, A Fork in the Blockchain: Income Tax and the Bitcoin/Bitcoin Cash Hard Fork, 19 N.C.J.L. & Tech 283 (2018), available at http://ncjolt.org/wp-content/uploads/2018/05/Webb_Final.pdf.

Signature Management Team LLC v. Doe: The Right to Anonymous Speech Post-Judgment

Volume 19, Online Issue (May 2018)

The Sixth Circuit’s recent decision in Signature Management Team LLC v. Doe addressed an issue of first impression in digital privacy law, finding that anonymous internet defendants do not automatically forfeit their First Amendment right to anonymity once they are found liable in a civil lawsuit. The court’s recognition that the right to anonymity can

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Kelly Waldo, Signature Management Team LLC v. Doe: The Right to Anonymous Speech Post-Judgment, 19 N.C.J.L. & Tech 253 (2018), http://ncjolt.org/wp-content/uploads/2018/05/Waldo_Final.pdf.

Risk Assessment Algorithms: The Answer to an Inequitable Bail System?

Volume 19, Online Issue (May 2018)

Debate over pretrial detention began long before ratification of the Eighth Amendment, tracing its roots to the early English bail system. Despite this, approaches to the system have largely remained stagnant since passage of the Bail Reform Act of 1984, which contains a series of procedural directives that model bailsetting practices for the majority of

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Richard F. Lowden, Risk Assessment Algorithms: The Answer to an Inequitable Bail System?, 19 N.C.J.L. & Tech. 221 (2018), available at http://ncjolt.org/wp-content/uploads/2018/05/Lowden_Final.pdf.

Teaching a New Dog Old Tricks: Why the Howey Test is Still the SEC’s Best Friend When Examining Initial Coin Offerings

Volume 19, Online Issue (May 2018)

This Recent Development examines the state of the law and opinions surrounding whether an initial coin offering (ICO) constitutes an offering of securities under federal securities laws. The SEC has taken the position that each offering will be analyzed on a case-by-case basis, looking at the facts and circumstances of each offering. The number of

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Laura Gritz, Teaching a New Dog Old Tricks: Why the Howey Test is Still the SEC's Best Friend When Examining Initial Coin Offerings, 19 N.C.J.L. & Tech. 193 (2018), available at http://ncjolt.org/wp-content/uploads/2018/05/Gritz_Final.pdf.

Fingerprint Not Recognized: Why the United States Needs to Protect Biometric Privacy

Volume 19, Online Issue (May 2018)

Rising interest in biometrics—the modern umbrella term for physical and behavioral characteristics possessed by humans and used to identify one another—has motivated large technology companies to produce products that allow consumers to access vital information using only their unique biometric identifiers. Because biometric information is unique to each person on the planet, it is a

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Blake Benson, Fingerprint Not Recognized: Why the United States Needs to Protect Biometric Privacy, 19 N.C.J.L. & Tech. 161 (2018), available at http://ncjolt.org/wp-content/uploads/2018/05/Benson_Final.pdf.

Independent Employees: A New Category of Workers for the Gig Economy

Volume 19, Issue 3 (May 2018)

Many companies, particularly in the Gig Economy, have been the target of lawsuits alleging that they have misclassified workers as independent contractors rather than employees. These issues often present bet-the-company litigation, with billions of dollars and the companies’ very business models at stake. Although there is near-universal recognition that the division of workers into two

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Michael L. Nadler, Independent Employees: A New Category of Workers for the Gig Economy, 19 N.C.J.L. & Tech. 443 (2018), http://ncjolt.org/wp-content/uploads/2018/05/Nadler_Final.pdf.

All Your Works Are Belong to Us: New Frontiers for the Derivative Work Right in Video Games

Volume 19, Issue 3 (May 2018)

In copyright law, the author of an original work has the exclusive right to prepare further works derivative of that original. Video game developers’ works are protected by the Copyright Act. As video games take advantage of more advanced technology, however, players are doing more creative, interesting, and original things when they play games. Certain

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J. Remy Green, All YOUR WORKS ARE BELONG TO US:1 NEW FRONTIERS FOR THE DERIVATIVE WORK RIGHT IN VIDEO GAMES, 19 N.C.J.L. & Tech. 393 (2018), available at http://ncjolt.org/wp-content/uploads/2018/05/Green_Final.pdf.

Intellectual Property and the Red Planet: Formulating IP Policies Towards the Successful Colonization of Mars

Volume 19, Issue 2 (Apr 2018)

Human colonization of the planet Mars is not a question of “if” but rather of “when,” or “how soon?” The challenges ahead are immense but so too are the perceived benefits. This article addresses an aspect that, thus far, has been largely unexamined: the interaction between intellectual property laws on Earth and the mammoth Mars

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Amir H. Khoury, Intellectual Property and the Red Planet: Formulating IP Policies Towards the Successful Colonization of Mars, 19 N.C.J.L. & Tech 337 (2018), available at http://ncjolt.org/wp-content/uploads/2018/04/Khoury_Final.pdf.

Intellectual Property and Bioprospecting: A Model Legal Framework

Volume 19, Issue 2 (Apr 2018)

Society has long enjoyed the benefits of medical advances. In numerous cases, the biotechnology and pharmaceutical (biopharmaceutical) industries build on knowledge accumulated over centuries by traditional communities. As in the case of aspirin and morphine, the use of this knowledge has reduced the time and cost it takes to develop new drugs. Despite the community’s

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Aman Gebru, Intellectual Property and Bioprospecting: A Model Legal Framework, 19 N.C.J.L. & Tech. 257 (2018), available at http://ncjolt.org/wp-content/uploads/2018/04/Gebru_Final.pdf.

Intellectual Property and the Global Crisis of Noncommunicable Disease

Volume 19, Issue 2 (Apr 2018)

This Article reconsiders the drugs-for-the-developing world debate that has taken place in the shadow of free trade liberalization. For the last twenty years, this debate has centered on a supposedly zero-sum conflict between access to drugs for residents of the “third world” and incentives for pharmaceutical multinationals to invest in research and development. Underlying this

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Faisal I. Chaudhry, Intellectual Property and the Global Crisis of Non-communicable Disease, 19 N.C.J.L. & Tech 175 (2018), available at http://ncjolt.org/wp-content/uploads/2018/04/Chaudry_Final.pdf.

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