Articles

Markovich v. Secretary of Health and Human Services: An Ounce of Cure for a Pound of Prevention

Volume 10, Online Edition (Jun 2012)

There’s an old saying that “an ounce of prevention is worth a pound of cure.” Vaccinations seem to exemplify this, allowing people to avoid diseases entirely by submitting to a simple injection, rather than forcing them to worry about the more difficult alternative of treating the disease once it is contracted. Markovich v. Secretary of

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J. Hunter Appler, Recent Development, Markovich v. Secretary of Health and Human Services: An Ounce of Cure for a Pound of Prevention, 10 N.C. J.L. & Tech. On. 59 (2009), http://ncjolt.org/wp-content/uploads/2016/09/22_10NCJLTech592008-2009.pdf.

Nuclear vs. Big Solar: Government Funding of 21st Century Energy Production

Volume 10, Online Edition (Jun 2012)

The government incentivizes investment in carbon-free energy production facilities by creating tax schemes designed to make renewable energy more attractive for investors. The Energy Policy Act of 2005 created a number of tax incentives for nuclear facilities, including one tax credit based on the amount of electricity produced at the facility. The Energy Policy Act

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William Krueger, Note, Nuclear vs. Big Solar: Government Funding of 21st Century Energy Production, 10 N.C. J.L. & Tech. On. 49 (2009), http://ncjolt.org/wp-content/uploads/2016/09/21_10NCJLTech492008-2009.pdf.

Conflicting Objectives: The Patent Office’s Quality Review Initiative and the Examiner Count System

Volume 10, Online Edition (Jun 2012)

During fiscal years 2004 and 2005, the United States Patent and Trademark Office implemented an enhanced quality review initiative as an additional level of oversight over the patent examination process. As a result of this initiative, in fiscal year 2006, the patent allowance rate was reduced to 54%, down from a patent allowance rate of

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Eric B. Chen, Conflicting Objectives: The Patent Office’s Quality Review Initiative and the Examiner Count System, 10 N.C. J.L. & Tech. On. 28 (2009), http://ncjolt.org/wp-content/uploads/2016/09/20_10NCJLTech282008-2009.pdf.

Running Down a Dream: Oscar Pistorius, Prosthetic Devices, and the Unknown Future of Athletes with Disabilities in the Olympic Games

Volume 10, Online Edition (Jun 2012)

Oscar Pistorius, a double-amputee sprinter set on competing in the Olympic Games, was banned from competition by the International Association of Athletics Federation (“IAAF”) after it found his prosthetic legs gave him an unfair advantage over other runners. On appeal, the Court of Arbitration for Sport held that Pistorius had no such advantage, but the

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Alexis Chappell, Recent Development, Running Down a Dream: Oscar Pistorius, Prosthetic Devices, and the Unknown Future of Athletes with Disabilities in the Olympic Games, 10 N.C. J.L. & Tech. On. 16 (2008), http://ncjolt.org/wp-content/uploads/2016/09/19_10NCJLTech162008-2009.pdf.

MDY Industries v. Blizzard Entertainment: Preventing the Use of Software Robots in an Online Game With Copyright Law

Volume 10, Online Edition (Jun 2012)

In MDY Industries v. Blizzard Entertainment, the United States District Court of Arizona had an opportunity to clarify the concept of ownership in software copyright law. The MDY court held that users of Blizzard’s computer video game do not own the physical copies of the game software and thus can only load the game software

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Satish Chintapalli, Recent Development, MDY Industries v. Blizzard Entertainment: Preventing the Use of Software Robots in an Online Game With Copyright Law, 10 N.C. J.L. & Tech. On. 1 (2008), http://ncjolt.org/wp-content/uploads/2016/09/18_10NCJLTech12008-2009.pdf.

Click Here to Share! The Impact of the Veoh Litigations on Viacom v. YouTube

Volume 10, Issue 2 (Jun 2012)

In the high-bandwidth Internet age, video sharing websites such as YouTube and Yahoo! Video are growing in popularity. The ease with which such sharing is accomplished has aided users in illegally uploading copyrighted movies, TV shows, and music. In a recent lawsuit, Viacom and its copyright-owning affiliates sought one billion dollars in damages against YouTube,

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Phong Dinh, Recent Development, Click Here to Share! The Impact of the Veoh Litigations on Viacom v. YouTube, 10 N.C. J.L. & Tech. 447 (2009), available at http://ncjolt.org/wp-content/uploads/2016/09/16_10NCJLTech4472008-2009.pdf.

In the Navy: The Future Strength of Preliminary Injunctions Under NEPA in Light of NRDC v. Winter

Volume 10, Issue 2 (Jun 2012)

A preliminary injunction is an incredibly useful and important tool in cases involving the enforcement of environmental statutes and regulations. Parties hoping to protect the environment will often seek preliminary injunctions to prevent environmental harm from occurring while the case is being litigated in court. In Winter v. National Resource Defense Council (NRDC), the Supreme

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William Krueger, Recent Development, In the Navy: The Future Strength of Preliminary Injunctions Under NEPA in Light of NRDC v. Winter, 10 N.C. J.L. & Tech. 423 (2009), available at http://ncjolt.org/wp-content/uploads/2016/09/15_10NCJLTech4232008-2009.pdf.

Excessive Reverse Payments in the Context of Hatch-Waxman

Volume 10, Issue 2 (Jun 2012)

Reverse payments, such as the one at issue in Arkansas Carpenters Health & Welfare Fund v. Bayer AG, are controversial because they appear to be nothing more than agreements between competitors not to compete. However, because a patent was involved, the Federal Circuit refused to declare this agreement unlawful—even when the patentee offered to pay

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Satish Chintapalli, Recent Development, Excessive Reverse Payments in the Context of Hatch-Waxman, 10 N.C. J.L. & Tech. 381 (2009), available at http://ncjolt.org/wp-content/uploads/2016/09/14_10NCJLTech3812008-2009.pdf.

The FCC’s Regulatory Mulligan: Exploring the Options in the Wake of a Failed D Block Auction

Volume 10, Issue 2 (Jun 2012)

In March 2008, the Federal Communications Commission auctioned licenses to sizeable tracts of radio frequency spectrum that will be vacated due to the analog-to-digital television conversion to occur in June 2009. The Commission conditioned the license to one portion of this spectrum—the “D Block”—on an unprecedented requirement: for the licensee to work hand-in-hand with public-safety

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Alejandro Valencia, The FCC’s Regulatory Mulligan: Exploring the Options in the Wake of a Failed D Block Auction, 10 N.C. J.L. & Tech. 313 (2009), available at http://ncjolt.org/wp-content/uploads/2016/09/13_10NCJLTech3132008-2009.pdf.

International Patent Law: Should United States and Foreign Patent Laws be Uniform? An Analysis of the Benefits, Problems, and Barriers

Volume 10, Issue 2 (Jun 2012)

This article blends three areas of law: international law, comparative law and intellectual property. Specifically, this article discusses the benefits and problems associated with harmonizing United States patent laws with foreign systems. It does so by analyzing the historical and contemporary ramifications of uniform patent laws. In addition, it highlights recent attempts in Congress—The Patent

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Robert R. Willis, Esq., International Patent Law: Should United States and Foreign Patent Laws be Uniform? An Analysis of the Benefits, Problems, and Barriers, 10 N.C. J.L. & Tech. 283 (2009), available at http://ncjolt.org/wp-content/uploads/2016/09/12_10NCJLTech2832008-2009.pdf.

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