Articles

The Promise of Trailing-Edge Sentencing Guidelines

Until the mid-1980’s, federal judges had broad discretion in sentencing defendants. However, this created disparities in sentencing from one judge to another, and this in turn created a desire for much greater uniformity. The drive for uniformity resulted in a number of strict legislative measures, including mandatory minimum sentences and mandatory sentencing guidelines. Over time,

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Mark Osler, The Promise of Trailing-Edge Sentencing Guidelines, 14 N.C. J.L. & Tech. 203 (2012), available at http://ncjolt.org/wp-content/uploads/2013/01/13_Osler_Final.pdf.

The Public Display of Digital Library Collections

This Article evaluates the scope of the public display right in the context of digital library collections, and suggests an interpretation of the right that tries to make sense of the practical concerns that its drafters expressed when creating it. In short, the Article focuses on the sometimes-forgotten but important fact that the unauthorized display

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David R. Hansen, The Public Display of Digital Library Collections, 14 N.C. J.L. & Tech. 145 (2012), available at http://ncjolt.org/wp-content/uploads/2013/01/12_Hansen_Final.pdf.

AIA Post-Grant Review & European Oppositions: Will They Work in Tandem, or Rather Pass Like Ships in the Night?

Perhaps the new post-grant review proceeding in the United States was conceived in the likeness of a European opposition, but as it moved from conception to reality, a unique American administrative proceeding was created that does not bear much resemblance to its European inspiration. This Article describes features of both post-grant review and European oppositions

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Filip De Corte, Anthony C. Tridico, Tom Irving, Stacy D. Lewis & Christina N. Gervasi, AIA Post-Grant Review & European Oppositions: Will They Work in Tandem, or Rather Pass Like Ships in the Night?, 14 N.C. J.L. & Tech. 93 (2012), available at http://ncjolt.org/wp-content/uploads/2013/01/11_De-Corte_Final.pdf.

Law, Dissonance, and Remote Computer Searches

This Article examines the conflict—the dissonance—that arises when law enforcement officers from one jurisdiction remotely search a computer that is physically located in another jurisdiction. It reviews the current status of remote computer searches in Europe, noting that such searches are legal under United Kingdom law but are, for most purposes, outlawed by German law.

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Susan W. Brenner, Law, Dissonance, and Remote Computer Searches, 14 N.C. J.L. & Tech. 43 (2012), available at http://ncjolt.org/wp-content/uploads/2013/01/10_Brenner_Final.pdf.

We All Know It’s a Knock-off! Re-evaluating the Need for the Post-sale Confusion Doctrine in Trademark Law

Counterfeit luxury goods have become an undeniable part of the global economy. It is estimated that these goods account for roughly seven percent of the global marketplace. With the emergence of the counterfeit market, consumers have become sophisticated shoppers who are knowledgeable and educated about their brand preferences as well as the availability of counterfeits,

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Connie Davis Powell, We All Know It's a Knock-off! Re-evaluating the Need for the Post-sale Confusion Doctrine in Trademark Law, 14 N.C. J.L. & Tech. 1 (2012), available at http://ncjolt.org/wp-content/uploads/2013/01/9_Powell_Final.pdf.

Online Streaming Under National Association for the Deaf v. Netflix, Inc. and the CVAA

In 2010, Congress enacted the Twenty-First Century Communications and Video Accessibility Act requiring video program owners to provide closed captioning for television programming streamed online. Although broad, these regulations do not apply to all video content streamed through online distributors, leaving the deaf and hearing-impaired without full accessibility to online programming. The Massachusetts District Court

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Virginia Wooten, Recent Development, Online Streaming Under National Association for the Deaf v. Netflix, Inc. and the CVAA, 14 N.C. J.L. & Tech. On. 135 (2012), available at http://ncjolt.org/wp-content/uploads/2012/12/Fall_Wooten_Final.pdf.

What Now? The Future of EPA Transport Programs Following Vacatur of the Cross-State Air Pollution Rule

Transport programs provide a means for the Environmental Protection Agency to regulate states’ emissions that endanger human health in neighboring areas. The Clean Air Interstate Rule and the Cross-State Air Pollution Rule are transport programs implemented under the authority of the good neighbor provision. However, the Court of Appeals for the District of Columbia Circuit

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Carla M. Gray, Recent Development, What Now? The Future of EPA Transport Programs Following Vacatur of the Cross-State Air Pollution Rule, 14 N.C. J.L. & Tech. On. 103 (2012), available at http://ncjolt.org/wp-content/uploads/2012/12/Fall_Gray_Final.pdf.

Interdigital v. International Trade Commission

Many patent cases turn on the meaning of terms in the patent claims. Although the standards for interpreting claims are somewhat fluid, there is a need for some degree of rigidity so inventors can protect their inventions. This Recent Development examines how the court in InterDigital Communications, LLC v. International Trade Commission applied various doctrines

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Neil Barnes, Recent Development, Interdigital v. International Trade Commission, 14 N.C. J.L. & Tech. On. 69 (2012), available at http://ncjolt.org/wp-content/uploads/2012/12/Fall_Barnes_Final.pdf.

The Gap Left by the Clean Energy and Economic Security Act in NC

Following months of polarized debates, the North Carolina legislature has legalized hydraulic fracturing and horizontal drilling through the enactment of the Clean Energy and Economic Security Act. Public discourse has primarily tracked concerns over energy security, environmental protection, and public health. What the dialogue has failed to adequately consider is the extent to which private

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Holly Bannerman, Recent Development, The Gap Left by the Clean Energy and Economic Security Act in NC, 14 N.C. J.L. & Tech. On. 35 (2012), available at http://ncjolt.org/wp-content/uploads/2012/12/Fall_Bannerman_Final.pdf.

Oracle America, Inc. v. Google, Inc.: The Only Nonliteral Aspects of Java APIs Protected Under Copyright Law Are the Ones Nobody Wants to Copy

In 1976, Congress revised the Copyright Act, extending protection to computer programs. The scope of this protection, however, has remained unclear. While all courts agree that source code is protected from direct copying, they disagree as to the extent of protection for nonliteral elements, such as the code’s structure, sequence, and organization. Oracle America, Inc.

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Jonathan Ambrose, Recent Development, Oracle America, Inc. v. Google, Inc.: The Only Nonliteral Aspects of Java APIs Protected Under Copyright Law Are the Ones Nobody Wants to Copy, 14 N.C. J.L. & Tech. On. 1 (2012), available at http://ncjolt.org/wp-content/uploads/2012/12/Fall_Ambrose_Final.pdf.

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