Volume 18

Trial to Perdition: the Ninth Circuit’s “Emission” Omission Disposition

Volume 18, Online Edition (Dec 2016)

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

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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

Volume 18, Online Edition (Dec 2016)

“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

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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.

Open House: Connected Homes and the Curtilage

Volume 18, Issue 1 (Oct 2016)

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

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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.

Conceptualizing Private Governance in a Networked Society

Volume 18, Issue 1 (Oct 2016)

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

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Jonathan Peters & Brett Johnson, Conceptualizing Private Governance in a Networked Society, 18 N.C.J.L. & Tech. 15 (2016), available at http://ncjolt.org/wp-content/uploads/2016/10/Peters-and-Johnson_Final2.pdf.

Copyright Law and Digital Piracy: An Econometric Global Cross-national Study

Volume 18, Issue 1 (Oct 2016)

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,

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Antoni Terra, Copyright Law and Digital Piracy: An Econometric Global Cross-national Study, 18 N.C.J.L. & Tech. 69 (2016), available at http://ncjolt.org/wp-content/uploads/2016/10/Terra_Final.pdf.

Undetected Conflict-of-laws Problems in Cross-Border Online Copyright Infringement Cases

Volume 18, Issue 1 (Oct 2016)

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

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Marketa Trimble, Undetected Conflict-of-laws Problems in Cross-Border Online Copyright Infringement Cases, 18 N.C.J.L. & Tech. 119 (2016), available at http://ncjolt.org/wp-content/uploads/2016/10/Trimble_Final.pdf.

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