Within the past several years, a new business model has rapidly expanded into a billion dollar industry, with potential to expand further—the sharing economy. The North Carolina General Assembly has yet to address how it intends to regulate the sharing economy. The General Assembly could choose to create completely new regulations for the sharing economy, …
The mismatch of localized electricity regulations with interstate electricity generation and transmission creates large inefficiencies. It is possible to solve this problem without overturning the entire existing regime by affording federal, state, and local regulatory bodies more power to implement battery technology without traditional regulatory hindrances. Given the limited number of regulatory bodies responsible for …
According to federal regulations, all students have a right to a free appropriate public education in the most integrated, least restrictive environment appropriate. Discrimination based upon disabilities is a violation of civil rights. An estimated 10.2 million children in the United States have special healthcare needs, accounting for 13.9% of all children. Some students who …
Under the Supreme Court’s Fourth Amendment jurisprudence, the constitutional privacy protections that many Americans take for granted are non-existent in cyberspace because of the third-party doctrine, which was born decades before the popular adoption of cyberspace social networks and data storage services. When someone in America posts a picture on Instagram or updates a status …
The United States government was granted a wide berth of surveillance powers post 9/11. At a time when Americans felt vulnerable to foreign attack, the executive branch passed the USA PATRIOT Act that balanced a reduction of privacy rights with a promise of increased national security. Twelve years later, Edward Snowden released documents showing exactly …
Direct-to-consumer (“DTC”) genetic testing companies face regulation from numerous parties. The Food and Drug Administration has taken the lead role in the regulation of this industry. The Federal Trade Commission must make sure that consumers are not misled by unscrupulous marketing and false advertising. The Centers for Medicare and Medicaid Services under the Clinical Laboratory …
Broadband Internet service has become a necessity in the rapidly developing world we live in today. However, not all services are created equal, and municipal-run broadband providers in North Carolina and Tennessee feel that state legislatures are only furthering this disparity by assisting other providers. With the help of the Federal Communications Commission (“FCC”), municipal-run …
Equitable distribution is the process of dividing marital property fairly upon divorce. The confusion surrounding the categorization of Bitcoin, a type of virtual currency that can be obtained and transferred anonymously, frustrates courts’ ability to properly value divorcing parties’ assets and determine a fair distribution of marital property. This Recent Development argues that North Carolina …
Food labeling is a common sense part of everyday life in America, but just how much and what labeling is acceptable under the First Amendment’s compelled speech protections is a more controversial topic. In May of 2014, Vermont adopted a new law to label foods produced using genetically modified organisms (GMOs). Several manufacturers feel GMO …
The Copyright Act promotes the creation and progress of arts by protecting original works, such as by guaranteeing copyright holders the exclusive right to publicly perform their works. In an age of rapid technological development, courts have often struggled with how to best interpret and apply this public performance right to providers who stream broadcast …
