Volume 12

The FCC’s New Network Semi-Neutrality Order Maintains Inconsistency in the Broadband World

Volume 12, Online Edition (Jun 2012)

On December 23, 2010, the Federal Communications Commission (“FCC”) issued a new Internet Order designed to regulate broadband access providers to further the principle of networkneutrality. The Order imposes regulations on broadband access providers for the first time, seeking to maintain the free and open character of the Internet by preventing this relatively new class

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Kendra E. Leghart , Recent Development, The FCC's New Network Semi-Neutrality Order Maintains Inconsistency in the Broadband World, 12 N.C. J.L. & Tech. On. 199 (2011), http://ncjolt.org/wp-content/uploads/2016/09/25_12NCJLTech1992010-2011-1.pdf.

The Espionage Act and Today’s “High-Tech Terrorist”

Volume 12, Online Edition (Jun 2012)

Throughout the twentieth century courts interpreted the Espionage Act of 1917 to criminalize leaking classified information, but consciously refused to extend the Act to prohibit press institutions from subsequently publishing leaked information. While the United States government has a significant interest in preventing dissemination of sensitive information, the courts allow news organizations to claim First

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Jamie L. Hester, Recent Development, The Espionage Act and Today's "High-Tech Terrorist", 12 N.C. J.L. & Tech. On. 177 (2011), http://ncjolt.org/wp-content/uploads/2016/09/24_12NCJLTech1772010-2011-1.pdf.

Using Fair Use to Stop a Copyright Troll from Threatening Hyperlinkers

Volume 12, Online Edition (Jun 2012)

Righthaven, a recently created company, has filed hundreds of copyright infringement claims against blogs and other small Web sites for posting content from copyrighted news articles online. These claims—filed without any cease and desist letters to warn potential infringers—demand not only high monetary damages, but also forfeiture of the infringers’ domain names. Focusing on the claims against Web sites that

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Nicole M. Downing, Recent Development, Using Fair Use to Stop a Copyright Troll from Threatening Hyperlinkers, 12 N.C. J.L. & Tech. On. 155 (2011), http://ncjolt.org/wp-content/uploads/2016/09/23_12NCJLTech1552010-2011-1.pdf.

Proving Patent Damages is Getting Harder, but Establishing Patent Invalidity May Be Getting Easier – How i4i, L.P v. Microsoft Corp. May Change the Landscape of Patent Litigation

Volume 12, Online Edition (Jun 2012)

Federal court dockets are flooded with cases of patent infringement claims seeking substantial damages. Parties defending against these claims often argue the patent being asserted is invalid and should not have been issued. The case of i4i v. Microsoft is an excellent example of how evidentiary principles for proving damages and patent validity can affect

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Audra Dial & Betsy Neal, Proving Patent Damages is Getting Harder, but Establishing Patent Invalidity May Be Getting Easier - How i4i, L.P v. Microsoft Corp. May Change the Landscape of Patent Litigation, 12 N.C. J.L. & Tech. On. 119 (2011), http://ncjolt.org/wp-content/uploads/2016/09/22_12NCJLTech1192010-2011-1.pdf.

Patient Consent to Health Information Technology: Safeguarding Patients’ Records and Confidences

Volume 12, Online Edition (Jun 2012)

As the health care reform encourages more hospitals and physician networks to adopt electronic health record systems and more regional networks to develop, the federal and state governments will have the difficult task of safeguarding patients’ records and confidences. While the public health benefits of electronic health record systems are plentiful, concerns of privacy and

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Varsha Gadani, Recent Development, Patient Consent to Health Information Technology: Safeguarding Patients’ Records and Confidences , 12 N.C. J.L. & Tech. On. 97 (2010), http://ncjolt.org/wp-content/uploads/2016/09/21_12NCJLTech972010-2011-1.pdf.

Sherley v. Sebelius: A Call to Congress to Explicitly Support Medical Research on Human Embryonic Stem Cells

Volume 12, Online Edition (Jun 2012)

Progressive biomedical research is the key to developing new and effective treatments for many of the diseases and conditions that afflict our society. The scientific community is in agreement that human embryonic stem cell research is a field that holds great promise. The recent federal district court opinion in Sherley v. Sebelius threatens to derail

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Layla Cummings, Recent Development, Sherley v. Sebelius: A Call to Congress to Explicitly Support Medical Research on Human Embryonic Stem Cells, 12 N.C. J.L. & Tech. On. 77 (2010), http://ncjolt.org/wp-content/uploads/2016/09/20_12NCJLTech772010-2011-1.pdf.

Climbing in Our Windows & Snatching Our Likenesses Up: Viral Videos & The Scope of the Right of Publicity on the Internet

Volume 12, Online Edition (Jun 2012)

Modern technologies, including digital cameras and mediasharing, Web sites have made it possible for anyone to upload anything at any time and rapidly transmit this content to a worldwide audience. This digital environment fosters the creation of instant Internet celebrities via viral videos. The stars of these videos, such as “Bed Intruder’”s Antoine Dodson, are

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Lorelle Babwah, Recent Development, Climbing in Our Windows & Snatching Our Likenesses Up: Viral Videos & The Scope of the Right of Publicity on the Internet, 12 N.C. J.L. & Tech. On. 57 (2010), http://ncjolt.org/wp-content/uploads/2016/09/19_12NCJLTech572010-2011-1.pdf.

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.

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.

The Materiality Standard After Matrixx Initiatives, Inc. v. Siracusano

Volume 12, Issue 2 (Jun 2012)

The recent, unanimous decision of the U.S. Supreme Court in Matrixx Initiatives, Inc. v. Siracusano resolved a circuit split on the materiality standard under Rule 10b-5 of the Securities Exchange Act of 1934. By affirming the Ninth Circuit, the Court re-established the materiality standard set forth twenty-three years ago in Basic Inc. v. Levinson. Although

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Benjamin E. Shook, Recent Development, The Materiality Standard After Matrixx Initiatives, Inc. v. Siracusano, 12 N.C. J.L. & Tech. 369 (2011), available at http://ncjolt.org/wp-content/uploads/2016/09/15_12NCJLTech3692010-2011.pdf.

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