March 21, 2017
Volume 17, Online Edition
The Electronic Communications Privacy Act: Does the Act Let the Government Snoop Through Your Emails and Will It Continue?
The Securities and Exchange Commission (“SEC”) is an enforcement powerhouse that has historically relied on the 1986 Electronic Communications Privacy Act (“ECPA”) to collect electronic communications directly from Internet Service Providers (“ISPs”) with a subpoena. The ECPA shields recent or unopened electronic communications from government eyes, but treats all others as abandoned and thus subject to warrantless government search and seizure. In
Brittany Brattain, The Electronic Communications Privacy Act: Does the Act Let the Government Snoop Through Your Emails and Will It Continue?, 17 N.C.J.L. & Tech. On. 185 (2016), available at http://ncjolt.org/wp-content/uploads/2016/05/Brattain_Final.pdf.
Over the past several years, legal services provided through online platforms have become a popular, low cost alternative to traditional legal services. LegalZoom offers a range of legal services, through its website, at a more affordable price than traditional legal services. Affordable legal services help to remedy the current disparity in the United States between low-income individuals with legal needs and
Caroline E. Brown, LegalZoom: Closing the Justice Gap or Unauthorized Practice of Law?, 17 N.C.J.L. & Tech. On. 219 (2016), available at http://ncjolt.org/wp-content/uploads/2016/05/Brown_Final.pdf.
Is Fair Use Actually Fair? Analyzing Fair Use and the Potential For Compulsory Licensing in Authors Guild v. Google
As books are becoming electronic, people are now conducting more research online instead of venturing into bookstores and libraries. The number of bookstores in the nation is declining as people replace the relationship they once had with these stores with online sources. Particularly, in services such as Google Books, people use search engines to browse books in the same manner they
Varsha Mangal, Is Fair Use Actually Fair? Analyzing Fair Use and the Potential For Compulsory Licensing in Authors Guild v. Google, 17 N.C.J.L. & Tech. On. 251 (2016), available at http://ncjolt.org/wp-content/uploads/2016/07/Mangal_Final.pdf.
Social media is a powerful and useful tool for facilitating communication between federal agencies and their constituents. However, the recent ruling by the Government Accountability Office (“GAO”) that a social media campaign undertaken by the Environmental Protection Agency (“EPA”) violated both the Federal Antideficiency Act (“FADA”) and the prohibition on grass-roots lobbying has raised questions regarding how agencies can continue to utilize
Shannon O’Neil, Thunderstruck: The Government Accountability Office's Recent Ruling on Agency Social Media Use,17 N.C.J.L. & Tech. On. 293 (2016), available at http://ncjolt.org/wp-content/uploads/2016/05/ONeil_Final.pdf.
The TSA Opting-Out of Opt-Outs: The New TSA Full-Body Scanner Guidelines and Travelers’ Right to Privacy
Imagine—your taxi arrives at the airport terminal, you quickly check your bags, and then join hundreds of other passengers in line for security screening. The line seems to be moving even more slowly than usual, and you glare ahead when you notice the hold up—Transportation Security Administration (“TSA”) officials removing snakes and tortoises from a passenger’s pants. This bizarre scenario made
Elizabeth Windham, The TSA Opting-Out of Opt-Outs: The New TSA Full-Body Scanner Guidelines and Travelers' Right to Privacy, 17 N.C.J.L. & Tech. On. 329 (2016), available at http://ncjolt.org/wp-content/uploads/2016/05/Windham_Final.pdf.
Within the past several years, hashtags have become one of the most popular means of organizing content on social media. The experimental categorical tool is rampant in our society because it allows consumers to connect with and engage other social media users based on a common interest, theme, or topic. Brands started using trademarks in hashtags and even trademarking hashtags themselves
Elizabeth A. Falconer, #CanHashtagsBeTrademarked: Trademark Law and the Development of Hashtags, 17 N.C.J.L. & Tech. On. 1 (2016), available at http://ncjolt.org/wp-content/uploads/2016/01/Falconer_Final.pdf.
The Destiny of Clean Energy: Legality of the EPA’s Clean Power Plan with Respect to Emissions Trading
Cleaner energy is necessary to avoid significant health and climate risks in the future, and no energy is dirtier than our nation’s fossil-fuel burning power plants. The United States Environmental Protection Agency’s (“EPA”) Clean Power Plan seeks to address the hazards posed by the electricity sector, and proposes carbon dioxide (“CO2”) emissions trading as an efficient, cost-effective option to do so.
Samuel H. Helton, The Destiny of Clean Energy: Legality of the EPA's Clean Power Plan with Respect to Emissions Trading, 17 N.C.J.L. & Tech. On. 43 (2016), available at http://ncjolt.org/wp-content/uploads/2016/01/Helton_Final.pdf.
Telemedicine: A Therapeutic Prescription for Our Healthcare System Contaminated by Old Economy Rules and Regulations
As technology has evolved over the past few decades, the power of the Internet has transformed how consumers purchase goods and services. The medical profession, though, has been slow to adapt to this changing marketplace. Telemedicine has the ability to change the future of medicine by providing quality, cost-effective care. However, the state medical boards impose an array of restrictions
Caroline M. Poma, Telemedicine: A Therapeutic Prescription for Our Healthcare System Contaminated by Old Economy Rules and Regulations, 17 N.C.J.L. & Tech. On. 74 (2016), available at http://ncjolt.org/wp-content/uploads/2016/01/Poma_Final.pdf.
An innovative new technique for gaming the financial markets emerged in late 2014 when a hedge fund manager began filing inter partes review petitions with the United States Patent and Trademark Office against pharmaceutical companies in an attempt to profit from the short selling of pharmaceutical stocks. The pharmaceutical industry deemed this practice an abuse of process and attempted to regulate
Yishi Yin, Avenues for Addressing the Exploitation of Inter Partes Review Process by Third Parties, 17 N.C.J.L. & Tech. On. 107 (2016), available at http://ncjolt.org/wp-content/uploads/2016/01/Yin_Final.pdf.
This Recent Development discusses the future of secondary liability for e-commerce platforms whose users sell counterfeit goods in the wake of the ongoing Gucci v. Alibaba litigation. Should the plaintiffs prevail, e-commerce platforms will be held accountable to cooperate with brand owners by removing infringing listings in a timely fashion and sanctioning users who sell counterfeits in an effective manner, resulting
Esther A. Zuccaro, Gucci v. Alibaba: A Balanced Approach to Secondary Liability for E-Commerce Platforms, 17 N.C.J.L. & Tech. On. 144 (2016), available at http://ncjolt.org/wp-content/uploads/2016/01/Zuccaro_Final.pdf.
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