March 21, 2017
Volume 18, Online Edition
For years the world of software programming has been operating under the assumption that both the declaration code and the structure, sequence, and organization (SSO) of Java application program interfaces (APIs) were not copyrightable and were therefore free for all to use. However, when Oracle sued Google in 2014 for Google’s use of Java APIs
Tyler J. Demasky, Oracle v. Google: Setting a Standard or Handicapping an Industry?, 18 N.C.J.L. & Tech. On. 1 (2016), http://ncjolt.org/wp-content/uploads/2016/12/Demasky_Final.pdf.
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/2016/12/Meinel_Final.pdf.
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