Articles

The Big Disconnect: Will Anyone Answer the Call to Lower Excessive Prisoner Telephone Rates?

Volume 8, Issue 1 (Jun 2012)

As the American prison population has exploded in the last quarter century, the prison telephone industry has grown into a billion-dollar market. Telecommunications companies are granted statewide prison monopolies that subject prisoners’ loved ones to grossly inequitable telephone charges. As a result, many families become saddled with outrageously high phone bills. Phone companies defend these

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Ben Iddings, Comment, The Big Disconnect: Will Anyone Answer the Call to Lower Excessive Prisoner Telephone Rates? , 8 N.C. J.L. & Tech. 159 (2006), available at http://ncjolt.org/wp-content/uploads/2016/09/08_8NCJLTech1592006-2007.pdf.

The Way the Winds are Blowing These Days: The Rapid Growth of Wind Energy and Legal Hurdles of North Carolina’s General Statutes

Volume 8, Issue 1 (Jun 2012)

With interest in renewable energy sources gaining momentum, it is only natural that controversy will arise surrounding the proliferation of wind energy. While this conflict has already manifested itself in the context of federal law, in North Carolina, a state with favorable conditions for wind energy development, the fate of the budding technology remains uncertain

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Steven G. Bell, Comment, The Way the Winds are Blowing These Days: The Rapid Growth of Wind Energy and Legal Hurdles of North Carolina's General Statutes , 8 N.C. J.L. & Tech. 117 (2006), available at http://ncjolt.org/wp-content/uploads/2016/09/07_8NCJLTech1172006-2007.pdf.

Equitable Concerns of eBay v. Mercexchange: Did the Supreme Court Successfully Balance Patent Protection Against Patent Trolls?

Volume 8, Issue 1 (Jun 2012)

Within the past decade, companies seeking to purchase intellectual property for the purpose of generating licensing fees have become a major concern for U.S. businesses. These companies are often identified as “patent trolls,” and are perceived to take advantage of successful companies that utilize the technology by demanding often exorbitant licensing fees. The Supreme Court’s

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Leslie T. Grab, Recent Development, Equitable Concerns of eBay v. Mercexchange: Did the Supreme Court Successfully Balance Patent Protection Against Patent Trolls? , 8 N.C. J.L. & Tech. 81 (2006), available at http://ncjolt.org/wp-content/uploads/2016/09/06_8NCJLTech812006-2007.pdf.

Fantasy Football: Illegal Gambling or Legal Game of Skill?

Volume 8, Issue 1 (Jun 2012)

A lawsuit has been filed in the federal court system that threatens the continued success of online fantasy sports. The plaintiff in Humphrey v. Viacom, Inc. has sued the three main providers of online fantasy leagues, claiming that pay-to-play fantasy sports constitute illegal gambling. Since courts have traditionally distinguished between permissible and impermissible forms of

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M. Christine Holleman, Article, Fantasy Football: Illegal Gambling or Legal Game of Skill?, 8 N.C. J.L. & Tech. 59 (2006), available at http://ncjolt.org/wp-content/uploads/2016/09/05_8NCJLTech592006-2007.pdf.

Preserve or Perish; Destroy or Drown – eDiscovery Morphs into Electronic Information Management

Volume 8, Issue 1 (Jun 2012)

Electronic discovery-including the contents of e-mail messages and/or the deletion of e-mails-has driven the outcome of many high-profile cases. We live in a progressively more digital world. Thus, when disputes ripen into litigation, clients, attorneys, and judges have had to focus increasingly on preserving, gathering, culling, reviewing, and producing electronic information. The complexity of information

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Robert D. Brownstone, Preserve or Perish; Destroy or Drown - eDiscovery Morphs into Electronic Information Management , 8 N.C. J.L. & Tech. 1 (2006), available at http://ncjolt.org/wp-content/uploads/2016/09/04_8NCJLTech12006-2007.pdf.

Just Age Playing Around? How Second Life Aids and Abets Child Pornography

Volume 9, Online Edition (Jun 2012)

In 2002, Ashcroft v. Free Speech Coalition held that the possession, creation, or distribution of “virtual child pornography,” pornography created entirely through computer graphics, was not a punishable offense because regualtion impermissibly infringed on the First Amendment right to free speech and did not harm real children. Only a few years after that decision, however,

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Caroline Meek, Recent Development, Just Age Playing Around? How Second Life Aids and Abets Child Pornography , 9 N.C. J.L. & Tech. On. 88 (2008), http://ncjolt.org/wp-content/uploads/2016/09/23_9NCJLTech882007-2008.pdf.

Jacobsen v. Katzer: Failure of the Artistic License and Repercussions for Open Source

Volume 9, Online Edition (Jun 2012)

The case of Jacobsen v. Katzer is among the earliest to consider the enforceability of open source software licenses, and is therefore of key interest to the open source community. To the disappointment of that community, the United States District Court for the Northern District of California held that an open source project creator could

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Erich M. Fabricius, Recent Development, Jacobsen v. Katzer: Failure of the Artistic License and Repercussions for Open Source, 9 N.C. J.L. & Tech. On. 65 (2008), http://ncjolt.org/wp-content/uploads/2016/09/22_9NCJLTech652007-2008.pdf.

A Bill Without Bite: Why Effective Copyright Monitoring Was Not a Fair Trade-Off for Making College More Affordable

Volume 9, Online Edition (Jun 2012)

Senator Harry Reid proposed S. 1642, an amendment to the Higher Education Act of 1965. This amendment was a diluted version of his original amendment, S.A. 2314, which was proposed as an addition to the College Cost Reduction Act. Each of these amendments proposed procedures that would work to monitor copyright infringement more effectively on

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Heather T. Baker, Recent Development, A Bill Without Bite: Why Effective Copyright Monitoring Was Not a Fair Trade-Off for Making College More Affordable , 9 N.C. J.L. & Tech. On. 46 (2007), http://ncjolt.org/wp-content/uploads/2016/09/21_9NCJLTech462007-2008.pdf.

Protecting Free Speech in Electioneering Communications: FEC v. Wisconsin Right To Life

Volume 9, Online Edition (Jun 2012)

In June 2007, the United States Supreme Court ruled in FEC. v. Wisconsin Right To Life (“WRTL”), by a 5-4 decision, that section 203 of the Bipartisan Campaign Reform Act of 2002 (“BCRA”) was unconstitutional.  The Court’s majority, however, could not agree to why BCRA was unconstitutional.  The opinion by Chief Justice John Roberts held

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Matthew W. Modell, Recent Development, Protecting Free Speech in Electioneering Communications: FEC v. Wisconsin Right To Life , 9 N.C. J.L. & Tech. On. 30 (2007), http://ncjolt.org/wp-content/uploads/2016/09/20_9NCJLTech302007-2008.pdf.

Lorraine v. Markel: An Authoritative Opinion Sets the Bar for Admissibility of Electronic Evidence (Except for Computer Animations and Simulations)

Volume 9, Online Edition (Jun 2012)

Lorraine v. Markel may have a profound impact on the world of electronic evidence admissibility for its guidance to lawyers, but in the area of computer animations and simulations, it carries a mixed message. The opinion takes a progressive approach to the unfair prejudice standard, granting broad discretion to courts to admit computer animation and

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Lindsay J. Kemp, Recent Development, Lorraine v. Markel: An Authoritative Opinion Sets the Bar for Admissibility of Electronic Evidence (Except for Computer Animations and Simulations), 9 N.C. J.L. & Tech. On. 16 (2007), http://ncjolt.org/wp-content/uploads/2016/09/19_9NCJLTech162007-2008.pdf.

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