Articles

Paving the Way for Clean Coal: The EPA’s Conditional Exclusion of Carbon Capture and Storage Facilities From Hazardous Waste Regulation Under RCRA

Volume 15, Online Edition (May 2014)

Carbon capture and storage (“CCS”) is an emerging climate change mitigation strategy involving the permanent underground storage of carbon dioxide captured from emission sources like power plants. The Environmental Protection Agency recently finalized a rule (the “Conditional Exclusion”) that excludes CCS operations from all hazardous waste regulations under the Resource, Conservation, and Recovery Act. Instead

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Matthew Spangler, Recent Development, Paving the Way for Clean Coal: The EPA's Conditional Exclusion of Carbon Capture and Storage Facilities From Hazardous Waste Regulation Under RCRA, 15 N.C. J.L. & Tech. On. 134 (2014), available at http://ncjolt.org/wp-content/uploads/2014/05/Spangler_Final.pdf

Mobile App Privacy: Develping Standard and Effective Privacy Tools for Consumers

Volume 15, Online Edition (May 2014)

Everyone knows what “apps” are (or they will know soon). Apps fill our smartphones, tablets, and computers; apps will fill our cars and control our homes. Apps of all varieties have been downloaded billions of times by sophisticated technologists and grandparents alike. These apps are collecting and sharing data in previously unimaginable ways. Developing standard

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Daniel Parisi, Recent Development, Mobile App Privacy: Develping Standard and Effective Privacy Tools for Consumers, 15 N.C. J.L. & Tech. On. 134 (2014), available at http://ncjolt.org/wp-content/uploads/2014/05/Parisi_Final.pdf

Smartphones & Mobile Medical Apps—How Much FDA Medical Device Regulation is Required?

Volume 15, Issue 3 (Mar 2014)

Smartphones and tablets have provided a plethora of new business opportunities for a number of industries, including healthcare. Technology, however, appears to have outpaced the regulatory environment, which has spawned criticism over the current guidance of the Food and Drug Administration (“FDA”) for mobile medical applications. Commentators have remarked that the FDA’s guidance is complex

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Vincent J. Roth, The mHealth Conundrum: Smartphones & Mobile Medical Apps—How Much FDA Medical Device Regulation is Required?, 15 N.C. J.L. & Tech. 359 (2014), available at http://ncjolt.org/wp-content/uploads/2014/04/Roth-Color-Final.pdf.

How ReDigi, Apple, and Amazon Will Use the Cloud and the Digital First Sale Doctrine to Resell Music, E-Books, Games, and Movies

Volume 15, Issue 3 (Mar 2014)

ReDigi is a cloud based internet company that facilitates the buying and reselling of pre-owned digital music. A recent ruling against ReDigi by the U.S. District Court for the Southern District of New York seemed to cast doubt upon its business model. This article analyzes the decision in Capitol Records, LLC v. ReDigi Inc. and

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John T. Soma and Michael K. Kugler, Why Rent When You Can Own? How ReDigi, Apple, and Amazon Will Use the Cloud and the Digital First Sale Doctrine to Resell Music, E-Books, Games, and Movies, 15 N.C. J.L. & Tech. 425 (2014), available at http://ncjolt.org/wp-content/uploads/2014/04/Soma-Final.pdf.

Google Search Results: Buried if Not Forgotten

Volume 15, Issue 3 (Mar 2014)

The right to be forgotten or mandatory deletion of online information squarely confronts the First Amendment right to free speech. But the underlying problem provoking advocates of a right to be forgotten is only increasing: harmful information posted online has the real potential to destroy a person’s reputation or livelihood. In addition, the way Internet

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Allyson Haynes Stuart, Google Search Results: Buried if Not Forgotten, 15 N.C. J.L. & Tech. 463 (2014), available at http://ncjolt.org/wp-content/uploads/2014/04/Stuart-Final.pdf

Counterattacking the Comment Crew

Volume 15, Online Edition (Jan 2014)

Presidential Policy Directive 20 authorizes the United States government to counterattack state-sponsored hackers who target America from overseas, such as recent malefactors from Syria and China. However, despite actively legislating in the field of cybersecurity, no act of Congress authorizes or rejects Presidential Policy Directive 20. Because an execution of the directive could cause collateral

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Nicholas Ryan Turza, Recent Development, Counterattacking the Comment Crew: The Constitutionality of Presidential Policy Directive 20 as a Defense to Cyberattacks, 15 N.C. J.L. & Tech. On. 134 (2014), available at http://ncjolt.org/wp-content/uploads/2014/01/Turza_final.pdf.

Wind Turbines and Migratory Birds: Avoiding a Collision Between the Energy Industry and the Migratory Bird Treaty Act

Volume 15, Online Edition (Jan 2014)

Wind energy is gaining prominence as a source of pollution-free electrical energy. An old environmental statute, however, may act as a roadblock for this clean, renewable energy. The Migratory Bird Treaty Act prohibits the killing or taking of nearly all birds found in the United States. While this legislation has been a boon for the

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Kyle Evans, Recent Development, Wind Turbines and Migratory Birds: Avoiding a Collision Between the Energy Industry and the Migratory Bird Treaty Act, 15 N.C. J.L. & Tech. On. 32 (2014), available at http://ncjolt.org/wp-content/uploads/2014/01/Evans_final.pdf.

Mutual Pharmaceutical Co. v. Bartlett Continues to Alter the True Costs and Risks of Generic Drugs

Volume 15, Online Edition (Jan 2014)

Over the last few decades, the generic drug market has grown substantially. Today, generic drugs account for four of every five drugs sold. The affordability of generics has been a welcome change for drug purchasers throughout the value chain, but thinning protections for generic drug consumers are causing many reasons for concern. Recent Supreme Court

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Brittany Croom, Recent Development, Buyer Beware: Mutual Pharmaceutical Co. v. Bartlett Continues to Alter theTrue Costs and Risks of Generic Drugs, 15 N.C. J.L. & Tech. On. 1 (2014), available at http://ncjolt.org/wp-content/uploads/2014/01/Croom_final.pdf.

Leaving the Back Door Open: How Export Control Reform’s Deregulation May Harm America’s Security

Volume 15, Online Edition (Jan 2014)

A convoluted system regulating arms-related technology exports has frustrated U.S. defense manufacturers for decades. The Obama Administration is implementing sweeping reforms and relaxing export controls to address these concerns. While described as an attempt to bolster national security by aiding the U.S. private sector’s dominance of defense technology markets, these reforms pose a substantial risk

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David R. Fitzgerald, Recent Development, Leaving the Back Door Open: How Export Control Reform's Deregulation May Harm America's Security, 15 N.C. J.L. & Tech. On. 65 (2014), available at http://ncjolt.org/wp-content/uploads/2014/01/Fitzgerald_final.pdf.

The Fight Against “Patent Trolls:” Will State Law Come to the Rescue?

Volume 15, Online Edition (Jan 2014)

Patent trolls are companies that do not invent or manufacture any products. These companies acquire patents for routine activities, such as scanning documents to email. They then send out thousands of letters to potential infringers, demanding exorbitant fees for a license to engage in the patented activity, and threatening suit if the recipient fails to

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T. Christian Landreth, Recent Development, The Fight Against “Patent Trolls:” Will State Law Come to the Rescue?, 15 N.C. J.L. & Tech. On. 100 (2014), available at http://ncjolt.org/wp-content/uploads/2014/01/Landreth_final.pdf.

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