September 10, 2019
Red light camera technology is in use in many jurisdictions throughout the United States. For some, this technology represents a powerful tool for improving road safety. For others, its use represents overreaching by governments searching for ways to generate additional revenue. In Idris v. City of Chicago, the Seventh Circuit Court of Appeals examined the
Cooper J. Strickland, Recent Development, Lights, Camera . . . Ticket: Red Light Cameras After Idris v. City of Chicago, 10 N.C. J.L. & Tech. On. 119 (2009), http://ncjolt.org/wp-content/uploads/2016/09/25_10NCJLTech1192008-2009.pdf.
IMS Health, Inc. v. Ayotte: Small Step For Privacy, Giant Leap Still Needed for Prescription Data Privacy
Electronic data use in United States industries provides a means by which businesses aggregate, track, and manage consumer information. In the health care industry, data mining companies, pharmacies, and pharmaceutical manufacturers have adopted electronic data use with prescription information. The use of electronic prescription data as a commodity raises privacy concerns which have prompted the
Kathryn M. Marchesini, Recent Development, IMS Health, Inc. v. Ayotte: Small Step For Privacy, Giant Leap Still Needed for Prescription Data Privacy, 10 N.C. J.L. & Tech. On. 96 (2009), http://ncjolt.org/wp-content/uploads/2016/09/24_10NCJLTech962008-2009.pdf.
The Earth’s climate is changing rapidly, affecting the distribution of and increasing the pressures placed on natural resources in entirely new and unpredictable ways. Recognizing that water in the United States is not immune to this fate, environmentally conscious citizens are increasingly turning to rainwater collection as a means of securing a precious resource for
Dan Findlay, Note, Rainwater Collection, Water Law, and Climate Change: A Flood of Problems Waiting to Happen?, 10 N.C. J.L. & Tech. On. 74 (2009), http://ncjolt.org/wp-content/uploads/2016/09/23_10NCJLTech742008-2009.pdf.
There’s an old saying that “an ounce of prevention is worth a pound of cure.” Vaccinations seem to exemplify this, allowing people to avoid diseases entirely by submitting to a simple injection, rather than forcing them to worry about the more difficult alternative of treating the disease once it is contracted. Markovich v. Secretary of
J. Hunter Appler, Recent Development, Markovich v. Secretary of Health and Human Services: An Ounce of Cure for a Pound of Prevention, 10 N.C. J.L. & Tech. On. 59 (2009), http://ncjolt.org/wp-content/uploads/2016/09/22_10NCJLTech592008-2009.pdf.
The government incentivizes investment in carbon-free energy production facilities by creating tax schemes designed to make renewable energy more attractive for investors. The Energy Policy Act of 2005 created a number of tax incentives for nuclear facilities, including one tax credit based on the amount of electricity produced at the facility. The Energy Policy Act
William Krueger, Note, Nuclear vs. Big Solar: Government Funding of 21st Century Energy Production, 10 N.C. J.L. & Tech. On. 49 (2009), http://ncjolt.org/wp-content/uploads/2016/09/21_10NCJLTech492008-2009.pdf.
During fiscal years 2004 and 2005, the United States Patent and Trademark Office implemented an enhanced quality review initiative as an additional level of oversight over the patent examination process. As a result of this initiative, in fiscal year 2006, the patent allowance rate was reduced to 54%, down from a patent allowance rate of
Eric B. Chen, Conflicting Objectives: The Patent Office’s Quality Review Initiative and the Examiner Count System, 10 N.C. J.L. & Tech. On. 28 (2009), http://ncjolt.org/wp-content/uploads/2016/09/20_10NCJLTech282008-2009.pdf.
Running Down a Dream: Oscar Pistorius, Prosthetic Devices, and the Unknown Future of Athletes with Disabilities in the Olympic Games
Oscar Pistorius, a double-amputee sprinter set on competing in the Olympic Games, was banned from competition by the International Association of Athletics Federation (“IAAF”) after it found his prosthetic legs gave him an unfair advantage over other runners. On appeal, the Court of Arbitration for Sport held that Pistorius had no such advantage, but the
Alexis Chappell, Recent Development, Running Down a Dream: Oscar Pistorius, Prosthetic Devices, and the Unknown Future of Athletes with Disabilities in the Olympic Games, 10 N.C. J.L. & Tech. On. 16 (2008), http://ncjolt.org/wp-content/uploads/2016/09/19_10NCJLTech162008-2009.pdf.
MDY Industries v. Blizzard Entertainment: Preventing the Use of Software Robots in an Online Game With Copyright Law
In MDY Industries v. Blizzard Entertainment, the United States District Court of Arizona had an opportunity to clarify the concept of ownership in software copyright law. The MDY court held that users of Blizzard’s computer video game do not own the physical copies of the game software and thus can only load the game software
Satish Chintapalli, Recent Development, MDY Industries v. Blizzard Entertainment: Preventing the Use of Software Robots in an Online Game With Copyright Law, 10 N.C. J.L. & Tech. On. 1 (2008), http://ncjolt.org/wp-content/uploads/2016/09/18_10NCJLTech12008-2009.pdf.
In the high-bandwidth Internet age, video sharing websites such as YouTube and Yahoo! Video are growing in popularity. The ease with which such sharing is accomplished has aided users in illegally uploading copyrighted movies, TV shows, and music. In a recent lawsuit, Viacom and its copyright-owning affiliates sought one billion dollars in damages against YouTube,
Phong Dinh, Recent Development, Click Here to Share! The Impact of the Veoh Litigations on Viacom v. YouTube, 10 N.C. J.L. & Tech. 447 (2009), available at http://ncjolt.org/wp-content/uploads/2016/09/16_10NCJLTech4472008-2009.pdf.
A preliminary injunction is an incredibly useful and important tool in cases involving the enforcement of environmental statutes and regulations. Parties hoping to protect the environment will often seek preliminary injunctions to prevent environmental harm from occurring while the case is being litigated in court. In Winter v. National Resource Defense Council (NRDC), the Supreme
William Krueger, Recent Development, In the Navy: The Future Strength of Preliminary Injunctions Under NEPA in Light of NRDC v. Winter, 10 N.C. J.L. & Tech. 423 (2009), available at http://ncjolt.org/wp-content/uploads/2016/09/15_10NCJLTech4232008-2009.pdf.
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