Volume 19, Online Edition

A Fork in the Blockchain: Income Tax and the Bitcoin/Bitcoin Cash Hard Fork

Volume 19, Online Issue (May 2018)

On August 1, 2017, the Bitcoin blockchain experienced a hard fork. The hard fork, spurred by concerns over Bitcoin’s scalability, resulted in an entirely new blockchain and an accompanying new cryptocurrency: Bitcoin Cash. However, the new blockchain relies on the history of transactions recorded on the old blockchain. Consequently, at the time of the hard

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Nick Webb, A Fork in the Blockchain: Income Tax and the Bitcoin/Bitcoin Cash Hard Fork, 19 N.C.J.L. & Tech 283 (2018), available at http://ncjolt.org/wp-content/uploads/2018/05/Webb_Final.pdf.

Signature Management Team LLC v. Doe: The Right to Anonymous Speech Post-Judgment

Volume 19, Online Issue (May 2018)

The Sixth Circuit’s recent decision in Signature Management Team LLC v. Doe addressed an issue of first impression in digital privacy law, finding that anonymous internet defendants do not automatically forfeit their First Amendment right to anonymity once they are found liable in a civil lawsuit. The court’s recognition that the right to anonymity can

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Kelly Waldo, Signature Management Team LLC v. Doe: The Right to Anonymous Speech Post-Judgment, 19 N.C.J.L. & Tech 253 (2018), http://ncjolt.org/wp-content/uploads/2018/05/Waldo_Final.pdf.

Risk Assessment Algorithms: The Answer to an Inequitable Bail System?

Volume 19, Online Issue (May 2018)

Debate over pretrial detention began long before ratification of the Eighth Amendment, tracing its roots to the early English bail system. Despite this, approaches to the system have largely remained stagnant since passage of the Bail Reform Act of 1984, which contains a series of procedural directives that model bailsetting practices for the majority of

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Richard F. Lowden, Risk Assessment Algorithms: The Answer to an Inequitable Bail System?, 19 N.C.J.L. & Tech. 221 (2018), available at http://ncjolt.org/wp-content/uploads/2018/05/Lowden_Final.pdf.

Teaching a New Dog Old Tricks: Why the Howey Test is Still the SEC’s Best Friend When Examining Initial Coin Offerings

Volume 19, Online Issue (May 2018)

This Recent Development examines the state of the law and opinions surrounding whether an initial coin offering (ICO) constitutes an offering of securities under federal securities laws. The SEC has taken the position that each offering will be analyzed on a case-by-case basis, looking at the facts and circumstances of each offering. The number of

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Laura Gritz, Teaching a New Dog Old Tricks: Why the Howey Test is Still the SEC's Best Friend When Examining Initial Coin Offerings, 19 N.C.J.L. & Tech. 193 (2018), available at http://ncjolt.org/wp-content/uploads/2018/05/Gritz_Final.pdf.

Fingerprint Not Recognized: Why the United States Needs to Protect Biometric Privacy

Volume 19, Online Issue (May 2018)

Rising interest in biometrics—the modern umbrella term for physical and behavioral characteristics possessed by humans and used to identify one another—has motivated large technology companies to produce products that allow consumers to access vital information using only their unique biometric identifiers. Because biometric information is unique to each person on the planet, it is a

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Blake Benson, Fingerprint Not Recognized: Why the United States Needs to Protect Biometric Privacy, 19 N.C.J.L. & Tech. 161 (2018), available at http://ncjolt.org/wp-content/uploads/2018/05/Benson_Final.pdf.

Putting the Reins on Autonomous Vehicle Liability: Why Horse Accidents Are the Best Common Law Analogy

Volume 19, Online Edition (Jan 2018)

Autonomous vehicles raise new liability questions on the road because the vehicles themselves can act negligently, independent of the human driver’s intentions. For now, these liability questions are expected to be answered through the incremental common law system, rather than by legislation. This means courts will draw analogies and distinctions between autonomous vehicle accidents and

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David King, Putting the Reins on Autonomous Vehicle Liability: Why Horse Accidents Are the Best Common Law Analogy, 19 N.C.J.L. & Tech. 127 (2018), available at http://ncjolt.org/wp-content/uploads/2018/01/King_Final.pdf.

Leveraging Blockchain Technology in Property Records: Establishing Trust in a Risk-Filled Market

Volume 19, Online Edition (Jan 2018)

Blockchain technology has the potential to impact systems and processes across a broad spectrum of industries, including government functions. Several countries are currently exploring the application of blockchain technology to real property record management to take advantage of the security and ease that the platform can foster. Benefits may include lowered transaction costs, more secured

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Maksymilian Ewendt, Leveraging Blockchain Technology in Property Records: Establishing Trust in a Risk-Filled Market, 19 N.C.J.L. & Tech. 99 (2018), available at http://ncjolt.org/wp-content/uploads/2018/01/Ewendt_Final.pdf.

Political Machines: The Role of Software in Enabling and Detecting Partisan Gerrymandering Under the Whitford Standard

Volume 19, Online Edition (Jan 2018)

Partisan gerrymandering, the practice of shaping district lines to the advantage of one political party, has haunted American politics for centuries. Innovations in districting software have sharpened the effects of partisan gerrymanders by increasing their advantages while concealing their creation. In response, courts are reevaluating the judicial manageability of partisan gerrymandering. Any standard arising from

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Graeme Earle, Political Machines: The Role of Software in Enabling and Detecting Partisan Gerrymandering Under the Whitford Standard, 19 N.C.J.L. & Tech. 67 (2018), available at http://ncjolt.org/wp-content/uploads/2018/01/Earle_Final.pdf.

The Battle of the Verbs: The Ninth Circuit’s Reconciliation of “Verbing” with Trademark Law and Practices

Volume 19, Online Edition (Jan 2018)

In its recent decision in Elliot v. Google, the Ninth Circuit reinforced Google’s trademark significance against claims that the mark “google” should be canceled under the Lanham Act due to the public’s verb usage of the trademark. The public’s “verbing” of popular marks has become a particularly onerous problem for internet and technology trademark owners

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Taylor Carrere, The Battle of the Verbs: The Ninth Circuit's Reconciliation of "Verbing" with Trademark Law and Practices, 19 N.C.J.L. & Tech. 33 (2018), available at http://ncjolt.org/wp-content/uploads/2018/01/Carrere_Final.pdf.

The Missing Link Between Blockchain and Copyright: How Companies Are Using New Technology to Misinform Creators and Violate Federal Law

Volume 19, Online Edition (Jan 2018)

Blockchain technology has been hailed as a world-altering breakthrough that will change the ways information is stored, contracts are executed, and transactions are made. Blockchains are being integrated into a myriad of industries, but the law has been slow to respond to these implementations. However, this has not stopped supemerging companies, like Ascribe,1 from trumpeting

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Sarah Anderson, The Missing Link Between Blockchain and Copyright: How Companies Are Using New Technology to Misinform Creators and Violate Federal Law, 19 N.C.J.L. & Tech. 1 (2018), available at http://ncjolt.org/wp-content/uploads/2018/01/Anderson_Final.pdf.

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