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Articles Archives - Page 32 of 37 - NC Journal of Law & Technology

Articles

eBay Becomes a Girl’s New Best Friend as The Second Circuit Sidesteps The Nominative Fair Use Doctrine, Leaving Tiffany To Police Counterfeits In The Online Marketplace

Volume 12, Online Edition (Jun 2012)

This article examines the recent Second Circuit decision of Tiffany v. eBay and the effect it has on the nominative fair use doctrine. The Second Circuit was the first circuit to consider the doctrine of nominative fair use in the online marketplace. However, the Second Circuit failed to expressly recognize the doctrine, likely due in

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Lisa Williford Arthur, Recent Development, eBay Becomes a Girl's New Best Friend as The Second Circuit Sidesteps The Nominative Fair Use Doctrine, Leaving Tiffany To Police Counterfeits In The Online Marketplace, 12 N.C. J.L. & Tech. On. 29 (2010), http://ncjolt.org/wp-content/uploads/2016/09/18_12NCJLTech292010-2011-1.pdf.

New Rules, Different Risk: The Changing Freedom to Operate Analysis for Biotechnology

Volume 11, Online Edition (Jun 2012)

Patent protection has evolved since the inception of the Federal Circuit in 1982. Mandated to unify the fractured application of the patent laws, the Federal Circuit initially set out to reinforce the protections guaranteed to patented inventions. For the first couple of decades the Federal Circuit succeeded in strengthening the patent system. Recently however there

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Dov Greenbaum, New Rules, Different Risk: The Changing Freedom to Operate Analysis for Biotechnology, 11 N.C. J.L. & Tech. On. 139 (2010), available at http://ncjolt.org/wp-content/uploads/2012/11/V11_On_Greenbaum.pdf.

The United States Cyber Command: International Restrictions vs. Manifest Destiny

Volume 12, Online Edition (Jun 2012)

At this time, it is not in the best interest of the United States to adopt, join, or participate in any international treaty resembling a cyberspace extension of the existing “conventional” international laws of warfare. With the activation of the United States Cyber Command, the United States has begun to take the necessary steps to

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Tod M. Leaven & Christopher E. Dodge, The United States Cyber Command: International Restrictions vs. Manifest Destiny, 12 N.C. J.L. & Tech. On. 1 (2010), http://ncjolt.org/wp-content/uploads/2016/09/17_12NCJLTech12010-2011-1.pdf.

Spring Training for Electronic Search: Examining U.S. v. Comprehensive Drug Testing Inc. with regards to Evolving Trends in Computing

Volume 11, Online Edition (Jun 2012)

This Recent Development discusses the framework for electronic search that was laid out by the Ninth Circuit in U.S. v. Comprehensive Drug Testing, Inc. Though the Ninth Circuit’s framework has positive elements, the framework is fatally flawed because it does not account for the rapid evolution of computing technologies and does not account for recent

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John T. Kivus, Spring Training for Electronic Search: Examining U.S. v. Comprehensive Drug Testing Inc. with regards to Evolving Trends in Computing, 11 N.C. J.L. & Tech. On. 115 (2009), available at http://ncjolt.org/wp-content/uploads/2012/11/V11_On_Kivus.pdf.

H.R. 2068: Expansion of Quality or Quantity in Telemedicine in the Rural Trenches of America?

Volume 11, Online Edition (Jun 2012)

Technology changed the practice of medicine enabling telemedicine, the practice of medicine distantly through telecommunication systems. Telemedicine enables citizens living in rural communities throughout the United States to better access healthcare and medical services. House Bill 2068, introduced in April 2009, calls for further expansion of generalized and specialized telemedicine in rural communities for those

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Lindsey T. Goehring, Recent Development, H.R. 2068: Expansion of Quality or Quantity in Telemedicine in the Rural Trenches of America?, 11 N.C. J.L. & Tech. On. 99 (2009), http://ncjolt.org/wp-content/uploads/2016/09/33_11NCJLTech992009-2010.pdf.

“We Can Work It Out:” A Chance to Level the Playing Field for Radio Broadcasters

Volume 11, Online Edition (Jun 2012)

The music industry has changed dramatically during the last fifteen years. In particular, the rise of digital broadcasting illustrates the great disparity that currently exists in the royalty rate scheme for the radio broadcast industry. The current scheme dictates that Internet, satellite, and cable radio broadcasters pay royalties to both the song composer and the

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Cassondra C. Anderson, Recent Development, “We Can Work It Out:” A Chance to Level the Playing Field for Radio Broadcasters, 11 N.C. J.L. & Tech. On. 72 (2009), http://ncjolt.org/wp-content/uploads/2016/09/32_11NCJLTech722009-2010.pdf.

The Best Intentions: A Constitutional Analysis of North Carolina’s New Anti-Cyberbullying Statute

Volume 11, Online Edition (Jun 2012)

Cyberbullying, which is bullying using technology and/or the Internet, is a new phenomenon that has devastating effects as demonstrated by the suicide of Megan Meier as a result of cyberbullying over MySpace. To address the problem, the 2009 North Carolina General Assembly passed and the governor signed HB 1261, “Protect Our Kids/Cyber Bullying Misdemeanor,” which

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Michael R. Gordon, Recent Development, The Best Intentions: A Constitutional Analysis of North Carolina’s New Anti-Cyberbullying Statute, 11 N.C. J.L. & Tech. On. 48 (2009), http://ncjolt.org/wp-content/uploads/2016/09/31_11NCJLTech482009-2010.pdf.

Riegel v. Medtronic in Light of the Recent Trend in Preemption Cases: A Case for Amending the Medical Device Act

Volume 11, Online Edition (Jun 2012)

The Medical Device Act of 1976 governs the Food and Drug Administration’s premarket approval process for medical devices. In Riegel v. Medtronic, Inc., the United States Supreme Court held that the Act preempts state tort claims against medical device manufacturers. This Recent Development contends that the Court appropriately decided Riegel in light of its recent

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Julie C. Solms, Recent Development, Riegel v. Medtronic in Light of the Recent Trend in Preemption Cases: A Case for Amending the Medical Device Act, 11 N.C. J.L. & Tech. On. 27 (2009), http://ncjolt.org/wp-content/uploads/2016/09/30_11NCJLTech272009-2010.pdf.

Patent Venue and Convenience Transfer: New World or Small Shift?

Volume 11, Online Edition (Jun 2012)

In the wake of a large rise of patent infringement suit filings in the Eastern District of Texas in recent years, critics have complained that the court is too receptive to such filings and too reluctant to transfer them to other districts. Accusations of forum shopping have been prevalent. However, as long as Congress provides

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Paul M. Janicke, Patent Venue and Convenience Transfer: New World or Small Shift?, 11 N.C. J.L. & Tech. On. 1 (2009), http://ncjolt.org/wp-content/uploads/2016/09/29_11NCJLTech12009-2010.pdf.

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