Articles

Herding Cats: What to Do When States Get in the Way of National Energy Policy

Volume 11, Issue 1 (Jun 2012)

Shifting the United States’ primary source of electricity from non-renewable energy to renewable energy requires expanded capacity to facilitate long-range transmission from regions where it can be efficiently produced to large population centers where it will be used. In Piedmont Environmental Council v. FERC the Fourth Circuit Court of Appeals recently held that the Federal

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John D. Noor, Recent Development, Herding Cats: What to Do When States Get in the Way of National Energy Policy, 11 N.C. J.L. & Tech. 145 (2009), available at http://ncjolt.org/wp-content/uploads/2016/09/07_11NCJLTech1452009-2010.pdf.

Cover Songs and Donkey Kong: The Rationale Behind Compulsory Licensing of Musical Compositions Can Inform a Fairer Treatment of User-Modified Videogames

Volume 11, Issue 1 (Jun 2012)

The formative jurisprudence on the modification of video games came when copyright recognition of computer software was itself quite recent, when the level of creative “expression” in the altered videogame was meager. Consequently, modded games are currently held to be derivative works and infringement of the copyright of the originals. A determination of fair use

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John Baldrica, Cover Songs and Donkey Kong: The Rationale Behind Compulsory Licensing of Musical Compositions Can Inform a Fairer Treatment of User-Modified Videogames, 11 N.C. J.L. & Tech. 103 (2009), available at http://ncjolt.org/wp-content/uploads/2016/09/06_11NCJLTech1032009-2010.pdf.

Just the Facts, Ma’am: Removing the Drama from DNA Dragnets

Volume 11, Issue 1 (Jun 2012)

Law enforcement is increasingly turning to “genetic witnesses” to solve crimes. The incorporation of genetic technologies like DNA ancestry tests and indirect molecular photofitting has drawn criticism as high-tech “racial profiling.” In cases where law enforcement has requested voluntary DNA samples to assist with criminal investigations, critics have quickly labeled the conduct “DNA dragnets.” To

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Jennifer K. Wagner, Just the Facts, Ma’am: Removing the Drama from DNA Dragnets, 11 N.C. J.L. & Tech. 51 (2009), available at http://cite.ncjolt.org/11NCJLTech51.

The New Race: Speeding Up Climate Change Innovation

Volume 11, Issue 1 (Jun 2012)

The threat posed by climate change has finally been recognized, and governments have begun taking actions to reduce greenhouse gas emissions to attempt to mitigate the potential damage. While government regulations may require reductions in greenhouse gas emissions, insufficient technology exists to achieve the necessary reductions without severe economic consequences. Encouragement of the development and

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Deborah Behles, The New Race: Speeding Up Climate Change Innovation, 11 N.C. J.L. & Tech. 1 (2009), available at http://ncjolt.org/wp-content/uploads/2016/09/04_11NCJLTech12009-2010.pdf.

The Materiality Standard After Matrixx Initiatives, Inc. v. Siracusano

Volume 12, Issue 2 (Jun 2012)

The recent, unanimous decision of the U.S. Supreme Court in Matrixx Initiatives, Inc. v. Siracusano resolved a circuit split on the materiality standard under Rule 10b-5 of the Securities Exchange Act of 1934. By affirming the Ninth Circuit, the Court re-established the materiality standard set forth twenty-three years ago in Basic Inc. v. Levinson. Although

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Benjamin E. Shook, Recent Development, The Materiality Standard After Matrixx Initiatives, Inc. v. Siracusano, 12 N.C. J.L. & Tech. 369 (2011), available at http://ncjolt.org/wp-content/uploads/2016/09/15_12NCJLTech3692010-2011.pdf.

US v. Warshak: Will Fourth Amendment Protection be Delivered to Your Inbox?

Volume 12, Issue 2 (Jun 2012)

The Warshak decision is a long-overdue federal case extending Fourth Amendment protection to electronic communications stored with third parties. In holding that citizens have a “reasonable expectation of privacy” for stored e-mail messages, the Sixth Circuit decision represents a shift towards a stricter interpretation of the Fourth Amendment as it applies to modern forms of

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Casey Renee Perry, Recent Development, US v. Warshak: Will Fourth Amendment Protection be Delivered to Your Inbox?, 12 N.C. J.L. & Tech. 345 (2011), available at http://ncjolt.org/wp-content/uploads/2016/09/14_12NCJLTech3452010-2011.pdf.

Costco v. Omega and the First Sale Doctrine

Volume 12, Issue 2 (Jun 2012)

The first sale doctrine, simply put, is the principle that after the copyright owner has transferred a copy of the work, the new owner is free to do almost anything with the copy without the copyright owner’s consent. The United States Court of Appeals for the Ninth Circuit held in Costco v. Omega that the

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Lindsay R. Aldridge, Recent Development, Costco v. Omega and the First Sale Doctrine, 12 N.C. J.L. & Tech. 325 (2011), available at http://ncjolt.org/wp-content/uploads/2016/09/13_12NCJLTech3252010-2011.pdf.

Arbitration: A Quick and Effective Means for Patent Dispute Resolution

Volume 12, Issue 2 (Jun 2012)

Entering into a contract containing a carefully crafted arbitration clause provides a level of predictability with respect to the investment and liability associated with patent license and/or research agreements, thereby providing the respective companies a better estimation of the risk factors associated therewith. Specifically, when parties enter into an agreement to arbitrate they have the

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Anne Louise St. Martin & J. Derek Mason, Arbitration: A Quick and Effective Means for Patent Dispute Resolution, 12 N.C. J.L. & Tech. 301 (2011), available at http://ncjolt.org/wp-content/uploads/2016/09/12_12NCJLTech3012010-2011.pdf.

Protecting the Material World: The Role of Design Patents in the Fashion Industry

Volume 12, Issue 2 (Jun 2012)

Design patents are an under-utilized tool in the protection of the work of fashion designers. Although the fashion industry annually generates billions of dollars in sales in the United States alone, many designers do not adequately protect their intellectual property. Multiple efforts to create a sui generis 1 statute specifically for fashion designs have stalled

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Elizabeth D. Ferrill & Tina Y. Tanhehco, Article, Protecting the Material World: The Role of Design Patents in the Fashion Industry, 12 N.C. J.L. & Tech. 251 (2011), available at http://ncjolt.org/wp-content/uploads/2016/09/11_12NCJLTech2512010-2011.pdf.

Back to the Basics: Why Traditional Principles of Personal Jurisdiction Are Effective Today and Why Zippo Needs to Go

Volume 12, Issue 1 (Jun 2012)

The exercise of personal jurisdiction is proper when someone has directed minimum contacts at a specific forum. Business conducted over the Internet complicates personal jurisdiction considerations because the boundaries of where one’s conduct reaches are not always clear. In Chloe v. Queen Bee of Beverly Hills, LLC, the Second Circuit held that business activities directed

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Pavan Kumar Mehrotra, Recent Development, Back to the Basics: Why Traditional Principles of Personal Jurisdiction Are Effective Today and Why Zippo Needs to Go, 12 N.C. J.L. & Tech. 229 (2010), available at http://ncjolt.org/wp-content/uploads/2016/09/08_12NCJLTech2292010-2011.pdf.

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