April 17, 2017
Is This Going to Be on the Test? Reconciling the Four-Way Circuit Split over Handling Nominative Fair Use
Nominative fair use quietly allows the media to name sports teams, musical groups, and other trademarked sources in their reports, for the most part, without liability for infringement. Consumers rely on nominative fair use to make efficient purchasing decisions. It allows consumers to research and find third-party reviews directly naming and comparing brands. Without nominative
Christian Ferlan, Is This Going to Be on the Test? Reconciling the Four-Way Circuit Split over Handling Nominative Fair Use, 18 N.C.J.L. & Tech. On. 33 (2016), http://ncjolt.org/wp-content/uploads/2016/12/Ferlan_Final-.pdf.
Algorithmic Injustice: How the Wisconsin Supreme Court Failed to Protect Due Process Rights in State v. Loomis
Risk assessment algorithms are equations designed to take large amounts of information about an offender’s past criminal experience, as well as other biographical and psychological information, and use it to compute a score that ranks an offender at various risk levels. Depending on which body within the system is utilizing it, the score is then
Katherine Freeman, Algorithmic Injustice: How the Wisconsin Supreme Court Failed to Protect Due Process Rights in State v. Loomis, 18 N.C.J.L. & Tech. On. 75 (2016), http://ncjolt.org/wp-content/uploads/2016/12/Freeman_Final.pdf.
Cashing Out: How Big Pharma Continues to Capitalize on the Antitrust Loophole Created in FTC v. Actavis
The drug industry is one of the most lucrative in the United States. Drug manufacturers routinely find themselves thrust into patent infringement litigation against generic manufacturers who are motivated by high potential returns from the marketplace. In lieu of expensive and time-consuming litigation, brand and generic manufacturers will often enter into settlement agreements; however, these
Laura A. Gregory, Cashing Out: How Big Pharma Continues to Capitalize on the Antitrust Loophole Created in FTC v. Actavis, 18 N.C.J.L. & Tech. On. 107 (2016), http://ncjolt.org/wp-content/uploads/2016/12/Gregory_Final-.pdf.
A protracted case in the Ninth Circuit, Pakootas v. Teck Cominco Metals, Ltd., has pitted numerous stakeholders, including two national governments, against one another in a battle to define the meaning of “disposal” within the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). At issue were one hundred years of aerial emissions of heavy metals
Jordan Luebkemann, Trial to Perdition: the Ninth Circuit's "Emission" Omission Disposition, 18 N.C.J.L. & Tech. On. 146 (2016), http://ncjolt.org/wp-content/uploads/2017/01/Luebkemann_Final.pdf.
Requiring Mutual Assent in the 21st Century: How to Modify Wrap Contracts to Reflect Consumer’s Reality
“Mutual manifestation of assent . . . is the touchstone of contract.” The manifestation of mutual assent has evolved throughout history to accommodate mass commercialization and technological change. However, new problems have emerged with the rise of Internet contracting. Consumers, facing increasing numbers of inconspicuous and obtuse contract offers, are oblivious to many of the
Matt Meinel, Requiring Mutual Assent in the 21st Century: How to Modify Wrap Contracts to Reflect Consumer's Reality, 18 N.C.J.L. & Tech. On. 180 (2016), http://ncjolt.org/wp-content/uploads/2017/04/Meinel_Final2.pdf.
Keynote, UNC JOLT 2016 Symposium We have heard all morning about legal issues with the Internet of Things; I want to begin with acknowledging the human aspects and human interests in Internet-enabled homes, which are more visceral and personal than IoT devices monitoring other interactions. I have worked in privacy for almost 20 years, and I passionately believe we need
Mary Ellen Callahan. Open House: Connected Homes and the Curtilage, 18 N.C.J.L. & Tech. 1 (2016), available at http://ncjolt.org/wp-content/uploads/2016/10/Callahan_Final2.pdf.
Internet law and policy discussions worldwide are converging on the idea that the private sector has a shared responsibility to help safeguard free expression online. This article advances those discussions and makes a significant contribution to the related literature by synthesizing Internet governance concepts with those of content management and with normative theories regarding the social value of freedom of expression—all
Jonathan Peters & Brett Johnson, Conceptualizing Private Governance in a Networked Society, 18 N.C.J.L. & Tech. 1 (2016), available at http://ncjolt.org/wp-content/uploads/2016/10/Peters-and-Johnson_Final2.pdf.
Digital piracy is a worldwide concern. Both very high and very low rates of intellectual property infringement threaten innovation, thus implying that some level of effective copyright regulation is required to incentivize the creation of original works. However, although Article 27 of the Universal Declaration of Human Rights advocates for social access to culture as well as the protection of copyright,
Antoni Terra, Copyright Law and Digital Piracy: An Econometric Global Cross-national Study, 18 N.C.J.L. & Tech. 1 (2016), available at http://ncjolt.org/wp-content/uploads/2016/10/Terra_Final.pdf.
This article provides and analyzes data based on a study conducted by the author (the “Study”) on copyright infringement cases filed in U.S. federal district courts in 2013. It focuses on infringement cases involving activity on the Internet and discusses actual and potential conflict-of-laws issues that the cases raised or could have raised. The article complements the report entitled Private International
Marketa Trimble, Undetected Conflict-of-laws Problems in Cross-Border Online Copyright Infringement Cases, 18 N.C.J.L. & Tech. 1 (2016), available at http://ncjolt.org/wp-content/uploads/2016/10/Trimble_Final.pdf.
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