Articles

Fingerprint Not Recognized: Why the United States Needs to Protect Biometric Privacy

Volume 19, Online Issue (May 2018)

Rising interest in biometrics—the modern umbrella term for physical and behavioral characteristics possessed by humans and used to identify one another—has motivated large technology companies to produce products that allow consumers to access vital information using only their unique biometric identifiers. Because biometric information is unique to each person on the planet, it is a

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Blake Benson, Fingerprint Not Recognized: Why the United States Needs to Protect Biometric Privacy, 19 N.C.J.L. & Tech. 161 (2018), available at http://ncjolt.org/wp-content/uploads/2018/05/Benson_Final.pdf.

Independent Employees: A New Category of Workers for the Gig Economy

Volume 19, Issue 3 (May 2018)

Many companies, particularly in the Gig Economy, have been the target of lawsuits alleging that they have misclassified workers as independent contractors rather than employees. These issues often present bet-the-company litigation, with billions of dollars and the companies’ very business models at stake. Although there is near-universal recognition that the division of workers into two

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Michael L. Nadler, Independent Employees: A New Category of Workers for the Gig Economy, 19 N.C.J.L. & Tech. 443 (2018), http://ncjolt.org/wp-content/uploads/2018/05/Nadler_Final.pdf.

All Your Works Are Belong to Us: New Frontiers for the Derivative Work Right in Video Games

Volume 19, Issue 3 (May 2018)

In copyright law, the author of an original work has the exclusive right to prepare further works derivative of that original. Video game developers’ works are protected by the Copyright Act. As video games take advantage of more advanced technology, however, players are doing more creative, interesting, and original things when they play games. Certain

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J. Remy Green, All YOUR WORKS ARE BELONG TO US:1 NEW FRONTIERS FOR THE DERIVATIVE WORK RIGHT IN VIDEO GAMES, 19 N.C.J.L. & Tech. 393 (2018), available at http://ncjolt.org/wp-content/uploads/2018/05/Green_Final.pdf.

Intellectual Property and the Red Planet: Formulating IP Policies Towards the Successful Colonization of Mars

Volume 19, Issue 2 (Apr 2018)

Human colonization of the planet Mars is not a question of “if” but rather of “when,” or “how soon?” The challenges ahead are immense but so too are the perceived benefits. This article addresses an aspect that, thus far, has been largely unexamined: the interaction between intellectual property laws on Earth and the mammoth Mars

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Amir H. Khoury, Intellectual Property and the Red Planet: Formulating IP Policies Towards the Successful Colonization of Mars, 19 N.C.J.L. & Tech 337 (2018), available at http://ncjolt.org/wp-content/uploads/2018/04/Khoury_Final.pdf.

Intellectual Property and Bioprospecting: A Model Legal Framework

Volume 19, Issue 2 (Apr 2018)

Society has long enjoyed the benefits of medical advances. In numerous cases, the biotechnology and pharmaceutical (biopharmaceutical) industries build on knowledge accumulated over centuries by traditional communities. As in the case of aspirin and morphine, the use of this knowledge has reduced the time and cost it takes to develop new drugs. Despite the community’s

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Aman Gebru, Intellectual Property and Bioprospecting: A Model Legal Framework, 19 N.C.J.L. & Tech. 257 (2018), available at http://ncjolt.org/wp-content/uploads/2018/04/Gebru_Final.pdf.

Intellectual Property and the Global Crisis of Noncommunicable Disease

Volume 19, Issue 2 (Apr 2018)

This Article reconsiders the drugs-for-the-developing world debate that has taken place in the shadow of free trade liberalization. For the last twenty years, this debate has centered on a supposedly zero-sum conflict between access to drugs for residents of the “third world” and incentives for pharmaceutical multinationals to invest in research and development. Underlying this

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Faisal I. Chaudhry, Intellectual Property and the Global Crisis of Non-communicable Disease, 19 N.C.J.L. & Tech 175 (2018), available at http://ncjolt.org/wp-content/uploads/2018/04/Chaudry_Final.pdf.

Putting the Reins on Autonomous Vehicle Liability: Why Horse Accidents Are the Best Common Law Analogy

Volume 19, Online Edition (Jan 2018)

Autonomous vehicles raise new liability questions on the road because the vehicles themselves can act negligently, independent of the human driver’s intentions. For now, these liability questions are expected to be answered through the incremental common law system, rather than by legislation. This means courts will draw analogies and distinctions between autonomous vehicle accidents and

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David King, Putting the Reins on Autonomous Vehicle Liability: Why Horse Accidents Are the Best Common Law Analogy, 19 N.C.J.L. & Tech. 127 (2018), available at http://ncjolt.org/wp-content/uploads/2018/01/King_Final.pdf.

Leveraging Blockchain Technology in Property Records: Establishing Trust in a Risk-Filled Market

Volume 19, Online Edition (Jan 2018)

Blockchain technology has the potential to impact systems and processes across a broad spectrum of industries, including government functions. Several countries are currently exploring the application of blockchain technology to real property record management to take advantage of the security and ease that the platform can foster. Benefits may include lowered transaction costs, more secured

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Maksymilian Ewendt, Leveraging Blockchain Technology in Property Records: Establishing Trust in a Risk-Filled Market, 19 N.C.J.L. & Tech. 99 (2018), available at http://ncjolt.org/wp-content/uploads/2018/01/Ewendt_Final.pdf.

Political Machines: The Role of Software in Enabling and Detecting Partisan Gerrymandering Under the Whitford Standard

Volume 19, Online Edition (Jan 2018)

Partisan gerrymandering, the practice of shaping district lines to the advantage of one political party, has haunted American politics for centuries. Innovations in districting software have sharpened the effects of partisan gerrymanders by increasing their advantages while concealing their creation. In response, courts are reevaluating the judicial manageability of partisan gerrymandering. Any standard arising from

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Graeme Earle, Political Machines: The Role of Software in Enabling and Detecting Partisan Gerrymandering Under the Whitford Standard, 19 N.C.J.L. & Tech. 67 (2018), available at http://ncjolt.org/wp-content/uploads/2018/01/Earle_Final.pdf.

The Battle of the Verbs: The Ninth Circuit’s Reconciliation of “Verbing” with Trademark Law and Practices

Volume 19, Online Edition (Jan 2018)

In its recent decision in Elliot v. Google, the Ninth Circuit reinforced Google’s trademark significance against claims that the mark “google” should be canceled under the Lanham Act due to the public’s verb usage of the trademark. The public’s “verbing” of popular marks has become a particularly onerous problem for internet and technology trademark owners

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Taylor Carrere, The Battle of the Verbs: The Ninth Circuit's Reconciliation of "Verbing" with Trademark Law and Practices, 19 N.C.J.L. & Tech. 33 (2018), available at http://ncjolt.org/wp-content/uploads/2018/01/Carrere_Final.pdf.

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