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Articles Archives - Page 34 of 37 - NC Journal of Law & Technology

Articles

Uncertainty in Science and Policy: Calculating the Net

Volume 11, Issue 2 (Jun 2012)

As the United States considers a carbon-limited economy through a cap-and-trade regime, carbon offsets generated in forestry-based projects are likely to play a large role in both the policy developed as well as the eventual market itself. While it is generally understood that offsets must be quantifiable and accountable, coming up with reliable values in

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Margaret S. Davis, Uncertainty in Science and Policy: Calculating the Net, 11 N.C. J.L. & Tech. 319 (2010), available at http://ncjolt.org/wp-content/uploads/2016/09/15_11NCJLTech3192009-2010.pdf.

Up the Amazon Without a Paddle: Examining Sales Taxes, Entity Isolation, and the “Affiliate Tax”

Volume 11, Issue 2 (Jun 2012)

As a result of the Supreme Court’s decision in Quill v. North Dakota, unless a retailer has a physical presence in a state, it is not obliged to collect sales taxes in that state. In order to avoid collecting sales taxes, many companies like Amazon.com have set up subsidiary companies in many states to ship,

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Michael R. Gordon, Recent Development, Up the Amazon Without a Paddle: Examining Sales Taxes, Entity Isolation, and the “Affiliate Tax”, 11 N.C. J.L. & Tech. 299 (2010), available at http://ncjolt.org/wp-content/uploads/2016/09/14_11NCJLTech2992009-2010.pdf.

The Semantic Web and Information Flow: a Legal Framework

Volume 11, Issue 2 (Jun 2012)

Considered by many as the next key development in Internet technology, the semantic web has generated a lot of buzz recently. A creation of Tim Berners-Lee, inventor of the World Wide Web, the semantic web is a “web of data,” a technology that promises to provide the world with enhanced access to information through more

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Julien Mailland, The Semantic Web and Information Flow: a Legal Framework, 11 N.C. J.L. & Tech. 269 (2010), available at http://ncjolt.org/wp-content/uploads/2016/09/13_11NCJLTech2692009-2010.pdf.

A Statistical Analysis of the Patent Bar: Where Are the Software-Savvy Patent Attorneys?

Volume 11, Issue 2 (Jun 2012)

Among the many factors that impact the declining quality of U.S. patents is the increasing disconnect between the technological education patent bar members have and the fields in which patents are being written. Based on an empirical study, the authors show that too few patent attorneys and agents have relevant experience in the most often

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Ralph D. Clifford, Thomas G. Field, Jr & Jon R. Cavicchi, A Statistical Analysis of the Patent Bar: Where Are the Software-Savvy Patent Attorneys?, 11 N.C. J.L. & Tech. 223 (2010), available at http://ncjolt.org/wp-content/uploads/2016/09/12_11NCJLTech2232009-2010.pdf.

“Striking Out”: The Genetic Information Nondiscrimination Act of 2008 and Title II’s Impact on Professional Sports Employers

Volume 11, Issue 1 (Jun 2012)

The Genetic Information Nondiscrimination Act (“GINA”) is a recently enacted law that prohibits employers and insurance companies from discriminating against people based upon their genetic information. Soon after the passage of GINA, many people praised the law, but the flaws of GINA have not been as widely talked about. This Recent Development addresses a major

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Rhonda B. Evans, Recent Development, “Striking Out”: The Genetic Information Nondiscrimination Act of 2008 and Title II’s Impact on Professional Sports Employers, 11 N.C. J.L. & Tech. 205 (2009), available at http://ncjolt.org/wp-content/uploads/2016/09/09_11NCJLTech2052009-2010.pdf.

Feasibility and Carbon Capture and Sequestration: Will Commercial Deployment of Carbon Capture and Sequestration Pass the Test?

Volume 11, Issue 1 (Jun 2012)

The United States’ government has developed a policy that supports the use and deployment of commercial level carbon capture and sequestration as a method for reducing carbon emissions from major electricity generating sources. The Environmental Protection Agency must determine which current provisions of the Clean Air Act are best used to regulate greenhouse gases and

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Margaret Suzanne Davis, Recent Development, Feasibility and Carbon Capture and Sequestration: Will Commercial Deployment of Carbon Capture and Sequestration Pass the Test?, 11 N.C. J.L. & Tech. 177 (2009), available at http://ncjolt.org/wp-content/uploads/2016/09/08_11NCJLTech1772009-2010.pdf.

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.

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