Articles

Jun
16

In 2006, Congress changed federal trademark dilution law when it enacted the Trademark Dilution Revision Act (“TDRA”). This Article first outlines the history of the dilution doctrine in the United States so that the changes enacted through the TDRA may be understood contextually. The TDRA’s new provisions are then delineated and explained. The author argues

Jun
16

As the American prison population has exploded in the last quarter century, the prison telephone industry has grown into a billion-dollar market. Telecommunications companies are granted statewide prison monopolies that subject prisoners’ loved ones to grossly inequitable telephone charges. As a result, many families become saddled with outrageously high phone bills. Phone companies defend these

Jun
16

With interest in renewable energy sources gaining momentum, it is only natural that controversy will arise surrounding the proliferation of wind energy. While this conflict has already manifested itself in the context of federal law, in North Carolina, a state with favorable conditions for wind energy development, the fate of the budding technology remains uncertain

Jun
16

Within the past decade, companies seeking to purchase intellectual property for the purpose of generating licensing fees have become a major concern for U.S. businesses. These companies are often identified as “patent trolls,” and are perceived to take advantage of successful companies that utilize the technology by demanding often exorbitant licensing fees. The Supreme Court’s

Jun
16

A lawsuit has been filed in the federal court system that threatens the continued success of online fantasy sports. The plaintiff in Humphrey v. Viacom, Inc. has sued the three main providers of online fantasy leagues, claiming that pay-to-play fantasy sports constitute illegal gambling. Since courts have traditionally distinguished between permissible and impermissible forms of

Jun
16

Electronic discovery-including the contents of e-mail messages and/or the deletion of e-mails-has driven the outcome of many high-profile cases. We live in a progressively more digital world. Thus, when disputes ripen into litigation, clients, attorneys, and judges have had to focus increasingly on preserving, gathering, culling, reviewing, and producing electronic information. The complexity of information

Jun
16

In 2002, Ashcroft v. Free Speech Coalition held that the possession, creation, or distribution of “virtual child pornography,” pornography created entirely through computer graphics, was not a punishable offense because regualtion impermissibly infringed on the First Amendment right to free speech and did not harm real children. Only a few years after that decision, however,

Jun
16

In June 2007, the United States Supreme Court ruled in FEC. v. Wisconsin Right To Life (“WRTL”), by a 5-4 decision, that section 203 of the Bipartisan Campaign Reform Act of 2002 (“BCRA”) was unconstitutional.  The Court’s majority, however, could not agree to why BCRA was unconstitutional.  The opinion by Chief Justice John Roberts held

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