Articles

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.

Is This Mine of Yours? The Effect of the Rulings in Vernor v. Autodesk and the Library of Congress on the Determination of Who Owns Software Copies

Volume 12, Issue 1 (Jun 2012)

In July of 2010, the Copyright Office issued a ruling that allowed owners of iPhones and other cell phones to reprogram their devices to allow the use of lawfully-obtained programs not approved by their phone manufacturers. Despite the ruling, however, the Copyright Office was unable to determine whether the copies of the programs loaded onto

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Cody Gillians, Recent Development, Is This Mine of Yours? The Effect of the Rulings in Vernor v. Autodesk and the Library of Congress on the Determination of Who Owns Software Copies, 12 N.C. J.L. & Tech. 205 (2010), available at http://ncjolt.org/wp-content/uploads/2016/09/07_12NCJLTech2052010-2011.pdf.

The Doctrine of Foreign Equivalents at Death’s Door

Volume 12, Issue 1 (Jun 2012)

The Federal Circuit, the Patent Office, and several regional circuits apply the trademark law doctrine of foreign equivalents. Under the doctrine, marks in foreign languages are translated into English and tested for the statutory bars to registration, instead of being tested in their original form. The doctrine is applied even in cases where only a

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Serge Krimnus, The Doctrine of Foreign Equivalents at Death's Door, 12 N.C. J.L. & Tech. 159 (2010), available at http://ncjolt.org/wp-content/uploads/2016/09/06_12NCJLTech1592010-2011.pdf.

Will the FDA’s 2010 Warfarin Label Changes Finally Provide the Legal Impetus for Warfarin Pharmacogenetic Testing?

Volume 12, Issue 1 (Jun 2012)

Due to newer clinical utility study results and the recent availability of warfarin pharmacogenetic testing, the Food and Drug Administration (“FDA”) has modified warfarin’s prescription labeling twice in the past three years. Yet, despite numerous warfarin dosing adverse events resulting from trial and error dosing, many clinicians have been reluctant to prescribe warfarin pharmacogenetic testing

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Susan A. Fuchs, Will the FDA’s 2010 Warfarin Label Changes Finally Provide the Legal Impetus for Warfarin Pharmacogenetic Testing?, 12 N.C. J.L. & Tech. 99 (2010), available at http://ncjolt.org/wp-content/uploads/2016/09/05_12NCJLTech992010-2011.pdf.

Unanswered Arrrrguments after the Pirate Bay Trial: Dropping Sail in the Safe Harbors of the EU Electronic Commerce Directive

Volume 12, Issue 1 (Jun 2012)

Currently the most widely-used file-sharing technology, the BitTorrent protocol, enables its users to transmit and receive much larger digital files with even greater ease than its popular predecessors such as the centralized and decentralized peer-topeer networks of Napster, Kazaa, and Grokster. It did not take long before BitTorrent Web sites hosted in the United States

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J.E. (Win) Bassett, IV, Unanswered Arrrrguments after the Pirate Bay Trial: Dropping Sail in the Safe Harbors of the EU Electronic Commerce Directive , 12 N.C. J.L. & Tech. 67 (2010), available at http://ncjolt.org/wp-content/uploads/2016/09/04_12NCJLTech672010-2011.pdf.

The Admissibility of Expert Witness Testimony Based on Adolescent Brain Imaging Technology in the Prosecution of Juveniles: How Fairness and Neuroscience Overcome the Evidentiary Obstacles to Allow for Application of a Modified Common Law Infancy Defense

Volume 12, Issue 1 (Jun 2012)

Adolescent brain imaging technology is an evolving area of science that reveals levels of maturity in the adolescent brain. Its potential effect on criminally culpable behavior is the source of extensive debate. The technology can inform judges and jurors on essential differences between how adults make decisions regarding their conduct as distinct from adolescents. United

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Sally Terry Green, The Admissibility of Expert Witness Testimony Based on Adolescent Brain Imaging Technology in the Prosecution of Juveniles: How Fairness and Neuroscience Overcome the Evidentiary Obstacles to Allow for Application of a Modified Common Law Infancy Defense, 12 N.C. J.L. & Tech. 1 (2010), available at http://ncjolt.org/wp-content/uploads/2016/09/03_12NCJLTech12010-2011.pdf.

Making Money the Modern Way— Tweeting: How FINRA’s Regulatory Guidance May Help Clear the Way for Social Media Communications

Volume 13, Issue 1 (Jun 2012)

Financial services firms have traditionally been cautious about utilizing emerging communication tools such as social media due to uncertainty regarding the application of existing securities laws to the use of these tools. Recently, regulators have focused their attention on defining the regulations that govern social media. FINRA has taken an active approach to informing financial

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Jennifer K. Vuona, Recent Development, Making Money the Modern Way— Tweeting: How FINRA’s Regulatory Guidance May Help Clear the Way for Social Media Communications, 13 N.C. J.L. & Tech. 183 (2011), available at http://ncjolt.org/wp-content/uploads/2016/09/09_13NCJLTech1832011-2012.pdf.

“Goin’ to Carolina in My Mind:” Prospects and Perils for Natural Gas Drilling in North Carolina

Volume 13, Issue 1 (Jun 2012)

The hydraulic fracturing and horizontal drilling technologies utilized in the extraction of natural gas have proven controversial, particularly in states where the legal infrastructure is unprepared to accommodate the industry. In particular, a newly discovered natural gas reservoir in central North Carolina highlights deficiencies in the state’s laws addressing the serious environmental and public health

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Elizabeth Turgeon, Recent Development, “Goin’ to Carolina in My Mind:” Prospects and Perils for Natural Gas Drilling in North Carolina, 13 N.C. J.L. & Tech. 147 (2011), available at http://ncjolt.org/wp-content/uploads/2016/09/08_13NCJLTech1472011-2012.pdf.

Misuse of Misuse: Princo Corp. v. International Trade Commission and the Federal Circuit’s Misguided Patent Misuse Jurisprudence

Volume 13, Issue 1 (Jun 2012)

The equitable doctrine of patent misuse is best known for prohibiting patentees from exploiting the rights and benefits that arise from the grant of a patent. Despite a long history of favorable Supreme Court cases, over the past twenty-five years the U.S. Court of Appeals for the Federal Circuit has substantially narrowed the patent misuse

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Saami Zain, Misuse of Misuse: Princo Corp. v. International Trade Commission and the Federal Circuit’s Misguided Patent Misuse Jurisprudence, 13 N.C. J.L. & Tech. 95 (2011), available at http://ncjolt.org/wp-content/uploads/2016/09/07_13NCJLTech952011-2012.pdf.

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