Articles

“Apps.Gov”: Assessing Privacy in the Cloud Computing Era

Volume 11, Online Edition (Nov 2012)

An information technology project “Apps.Gov” was announced by the Federal Government on September 15th, 2009. Google, Inc. is the principal contractor and is building a special data center facility for the project. In December, Google discovered a breach at another one of it data centers, which led to public concerns about cyber security and even

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Shahid Khan, "Apps.Gov": Assessing Privacy in the Cloud Computing Era, 11 N.C. J.L. & Tech. On. 259 (2010), available at http://ncjolt.org/wp-content/uploads/2012/11/V11_On_Khan.pdf.

Baby Mama Drama: Parentage in the Era of Gestational Surrogacy

Volume 11, Online Edition (Nov 2012)

Although recent decades have seen a boom in the development of technologies that manipulate the human reproductive cycle, many states have been slow to adopt laws regulating third-party reproduction. While a handful of states recognize the validity of gestational surrogacy contracts, others find such contracts to be against public policy. Most states’ statutes, however, are

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Ashley Peyton Holmes, Baby Mama Drama: Parentage in the Era of Gestational Surrogacy, 11 N.C. J.L. & Tech. On. 233 (2010), available at http://ncjolt.org/wp-content/uploads/2012/11/V11_On_Holmes.pdf.

Metered-Usage Billing and the Broadband Internet Fairness Act

Volume 11, Online Edition (Nov 2012)

Several metered-usage pricing schemes for broadband Internet are struggling or have already failed, with each experiencing large amounts of end-user backlash. The problem with price experiments is the severity of user backlash in response to even minimal tests of new schemes. Users often perceive pricing tests as threats to low-cost broadband, but Internet Service Providers

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Daniel Havivi, Metered-Usage Billing and the Broadband Internet Fairness Act, 11 N.C. J.L. & Tech. On. 214 (2010), available at http://ncjolt.org/wp-content/uploads/2012/11/V11_On_Havivi.pdf.

Cablevisions System Corp. v. FCC: Revisiting the Standard of Review for First Amendment Challenges in the Cable Television Context

Volume 11, Online Edition (Nov 2012)

Turner Broadcasting System, Inc. v. FCC (1997) set the standard of review for challenges by cable television operators who claim that federal laws such as the Cable Television Consumer Protection and Competition Act of 1992 violate their First Amendment right to free speech. That standard, intermediate scrutiny, holds that a content-neutral law will be upheld

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Isaac S. Lew, Cablevisions System Corp. v. FCC: Revisiting the Standard of Review for First Amendment Challenges in the Cable Television Context, 11 N.C. J.L. & Tech. On. 195 (2010), available at http://ncjolt.org/wp-content/uploads/2012/11/V11_On_Lew.pdf.

Transparency and Performance in Government

Volume 11, Online Edition (Nov 2012)

No abstract available.

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Jerry Brito & Drew Perraut, Transparency and Performance in Government, 11 N.C. J.L. & Tech. On. 161 (2010), available at http://ncjolt.org/wp-content/uploads/2012/11/V11_On_Brito.pdf.

Carrier IQ, Pre-Transit Keystroke Logging, and the Federal Wiretap Act

Volume 13, Issue 2 (Jun 2012)

Mobile analytics software companies must walk a fine line between providing useful data to their customers—handset manufacturers and wireless network operators—and protecting the privacy rights of consumers whose data they collect. In late 2011, a relatively unknown Connecticut-based systems administrator named Trevor Eckhart revealed that mobile analytics software developer, Carrier IQ, may have crossed this

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Andrew D. Salek-Raham, Recent Development, Carrier IQ, Pre-Transit Keystroke Logging, and the Federal Wiretap Act, 13 N.C. J.L. & Tech. 417 (2012), available at http://ncjolt.org/wp-content/uploads/2016/09/16_13NCJLTech4172011-2012.pdf.

Throw Me a Bone Marrow Transplant: Peripheral Blood Stem Cells and the National Organ Transplant Act

Volume 13, Issue 2 (Jun 2012)

Thousands of people die every year in the United States waiting for a matching bone marrow donor. This is attributed to a shortage of willing donors. One solution that has been suggested is to incentivize donation with compensation. However, since 1984, the National Organ Transplant Act has made it illegal for anyone in the United

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Vaughn N. Barnard, Recent Development, Throw Me a Bone Marrow Transplant: Peripheral Blood Stem Cells and the National Organ Transplant Act, 13 N.C. J.L. & Tech. 387 (2012), available at http://ncjolt.org/wp-content/uploads/2016/09/15_13NCJLTech3872011-2012.pdf.

Patents and Public Rights: The Questionable Constitutionality of Patents Before Article I Tribunals After Stern v. Marshall

Volume 13, Issue 2 (Jun 2012)

The Supreme Court’s recent Stern v. Marshall decision both rekindled and revived the oft-overlooked public rights exception. In light of this development, this Article seeks to argue that patents, where subject to final, binding decisions, are unconstitutionally before Article I tribunals. Such tribunals include, for example, the Bankruptcy Court, as well as the newly-created Patent

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Michael Rothwell, Patents and Public Rights: The Questionable Constitutionality of Patents Before Article I Tribunals After Stern v. Marshall, 13 N.C. J.L. & Tech. 287 (2012), available at http://ncjolt.org/wp-content/uploads/2016/09/14_13NCJLTech2872011-2012.pdf.

High-Speed Rail in America: An Evaluation of the Regulatory, Real Property, and Environmental Obstacles a Project Will Encounter

Volume 13, Issue 2 (Jun 2012)

In 2009, President Barack Obama allocated $8 billion in stimulus funding for high-speed rail projects across the United States. One year later, in 2010, an additional $2.5 billion was distributed to corridors with High-Speed Rail Projects. Even though the most recent congressional budget eliminated high-speed rail funding, many corridors are working diligently to break ground

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Darren A. Prum & Sarah L. Catz, High-Speed Rail in America: An Evaluation of the Regulatory, Real Property, and Environmental Obstacles a Project Will Encounter, 13 N.C. J.L. & Tech. 247 (2012), available at http://ncjolt.org/wp-content/uploads/2016/09/13_13NCJLTech2472011-2012.pdf.

Determining Patent Inventorship: A Practical Approach

Volume 13, Issue 2 (Jun 2012)

This Article provides a basic understanding of the law of inventorship and a practical approach to handling inventorship review when patenting. Considerations of inventorship under the present case law and under the Leahy-Smith America Invents Act, signed into law on September 16, 2011, are also presented.

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Sherry L. Murphy, Determining Patent Inventorship: A Practical Approach, 13 N.C. J.L. & Tech. 215 (2012), available at http://cite.ncjolt.org/13NCJLTech215.

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