Articles

Doe v. SexSearch.com: Placing Real-Life Liability Back Where It Belongs in a Virtual World

Volume 9, Issue 1 (Jun 2012)

This Recent Development examines the implications of Doe v. SexSearch.com, a case decided by the U.S. District Court for the Northern District of Ohio in August 2007, on jurisprudence surrounding website immunity from liability as provided by the Communications Decency Act of 1996. Specifically, this Recent Development compares the reasoning used in SexSearch.com with that

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Jonathan R. Burns, Recent Development, Doe v. SexSearch.com: Placing Real-Life Liability Back Where It Belongs in a Virtual World, 9 N.C. J.L. & Tech. 69 (2007), available at http://ncjolt.org/wp-content/uploads/2016/09/06_9NCJLTech692007-2008.pdf.

Viacom v. YouTube: Preliminary Observations

Volume 9, Issue 1 (Jun 2012)

In March 2007, media giant Viacom brought a $1 billion lawsuit against YouTube for “brazen” and “massive” copyright infringement, claiming the Google-owned online video-sharing website made around 160,000 Viacom-owned videos available to YouTube users without permission. Considering the legal and historical context from which the litigation arose, this Article briefly reviews the dynamic relationship between

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Russ VerSteeg, Viacom v. YouTube: Preliminary Observations, 9 N.C. J.L. & Tech. 43 (2007), available at http://ncjolt.org/wp-content/uploads/2016/09/05_9NCJLTech432007-2008.pdf.

The Truth and the “Truthiness” About Knowing Material Misrepresentations

Volume 9, Issue 1 (Jun 2012)

In the spring of 2007, MoveOn.org and Brave New Films posted a spoof political attack ad video on YouTube.com. The video, Stop the Falsiness, contained clips of the Comedy Central show, The Colbert Report. Subsequently, Viacom, which owns Comedy Central, sent a “takedown” notice to YouTube alleging that the video infringed Viacom’s copyrights. After YouTube

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Matt Williams, The Truth and the “Truthiness” About Knowing Material Misrepresentations , 9 N.C. J.L. & Tech. 1 (2007), available at http://ncjolt.org/wp-content/uploads/2016/09/04_9NCJLTech12007-2008.pdf.

Lights, Camera . . . Ticket: Red Light Cameras After Idris v. City of Chicago

Volume 10, Online Edition (Jun 2012)

Red light camera technology is in use in many jurisdictions throughout the United States. For some, this technology represents a powerful tool for improving road safety. For others, its use represents overreaching by governments searching for ways to generate additional revenue. In Idris v. City of Chicago, the Seventh Circuit Court of Appeals examined the

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Cooper J. Strickland, Recent Development, Lights, Camera . . . Ticket: Red Light Cameras After Idris v. City of Chicago, 10 N.C. J.L. & Tech. On. 119 (2009), http://ncjolt.org/wp-content/uploads/2016/09/25_10NCJLTech1192008-2009.pdf.

IMS Health, Inc. v. Ayotte: Small Step For Privacy, Giant Leap Still Needed for Prescription Data Privacy

Volume 10, Online Edition (Jun 2012)

Electronic data use in United States industries provides a means by which businesses aggregate, track, and manage consumer information. In the health care industry, data mining companies, pharmacies, and pharmaceutical manufacturers have adopted electronic data use with prescription information. The use of electronic prescription data as a commodity raises privacy concerns which have prompted the

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Kathryn M. Marchesini, Recent Development, IMS Health, Inc. v. Ayotte: Small Step For Privacy, Giant Leap Still Needed for Prescription Data Privacy, 10 N.C. J.L. & Tech. On. 96 (2009), http://ncjolt.org/wp-content/uploads/2016/09/24_10NCJLTech962008-2009.pdf.

Rainwater Collection, Water Law, and Climate Change: A Flood of Problems Waiting to Happen?

Volume 10, Online Edition (Jun 2012)

The Earth’s climate is changing rapidly, affecting the distribution of and increasing the pressures placed on natural resources in entirely new and unpredictable ways. Recognizing that water in the United States is not immune to this fate, environmentally conscious citizens are increasingly turning to rainwater collection as a means of securing a precious resource for

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Dan Findlay, Note, Rainwater Collection, Water Law, and Climate Change: A Flood of Problems Waiting to Happen?, 10 N.C. J.L. & Tech. On. 74 (2009), http://ncjolt.org/wp-content/uploads/2016/09/23_10NCJLTech742008-2009.pdf.

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.

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