September 10, 2019
Paving the Way for Clean Coal: The EPA’s Conditional Exclusion of Carbon Capture and Storage Facilities From Hazardous Waste Regulation Under RCRA
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
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
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
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 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
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
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
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.
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
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
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
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
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
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.
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
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.
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
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.
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
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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