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Full-Text Articles in Law

One Small Step: The Impact Of The U.S. Commercial Space Launch Competitiveness Act Of 2015 On The Exploration Of Resources In Outer Space, P.J. Blount, Christian J. Robinson Dec 2016

One Small Step: The Impact Of The U.S. Commercial Space Launch Competitiveness Act Of 2015 On The Exploration Of Resources In Outer Space, P.J. Blount, Christian J. Robinson

North Carolina Journal of Law & Technology

No abstract provided.


University Classroom Presentations As Prior Art Disclosures: Are Engineering Capstone Teams Unknowingly Giving Away The Fruits Of Their Labor?, Patricia E. Campbell Dec 2016

University Classroom Presentations As Prior Art Disclosures: Are Engineering Capstone Teams Unknowingly Giving Away The Fruits Of Their Labor?, Patricia E. Campbell

North Carolina Journal of Law & Technology

No abstract provided.


Is Cyberattack The Next Pearl Harbor?, Lawrence J. Trautman Dec 2016

Is Cyberattack The Next Pearl Harbor?, Lawrence J. Trautman

North Carolina Journal of Law & Technology

No abstract provided.


Oracle V. Google: Setting A Standard Or Handicapping An Industry?, Tyler J. Demaskey Dec 2016

Oracle V. Google: Setting A Standard Or Handicapping An Industry?, Tyler J. Demaskey

North Carolina Journal of Law & Technology

No abstract provided.


Algorithmic Injustice: How The Wisconsin Supreme Court Failed To Protect Due Process Rights In State V. Loomis, Katherine Freeman Dec 2016

Algorithmic Injustice: How The Wisconsin Supreme Court Failed To Protect Due Process Rights In State V. Loomis, Katherine Freeman

North Carolina Journal of Law & Technology

No abstract provided.


Is This Going To Be On The Test? Reconciling The Four-Way Circuit Split Over Handling Nominative Fair Use, Christian Ferlan Dec 2016

Is This Going To Be On The Test? Reconciling The Four-Way Circuit Split Over Handling Nominative Fair Use, Christian Ferlan

North Carolina Journal of Law & Technology

No abstract provided.


Requiring Mutual Assent In The 21st Century: How To Modify Wrap Contracts To Reflect Consumer’S Reality, Matt Meinel Dec 2016

Requiring Mutual Assent In The 21st Century: How To Modify Wrap Contracts To Reflect Consumer’S Reality, Matt Meinel

North Carolina Journal of Law & Technology

No abstract provided.


Cashing Out: How Big Pharma Continues To Capitalize On The Antitrust Loophole Created In Ftc V. Actavis, Laura A. Gregory Dec 2016

Cashing Out: How Big Pharma Continues To Capitalize On The Antitrust Loophole Created In Ftc V. Actavis, Laura A. Gregory

North Carolina Journal of Law & Technology

No abstract provided.


Trial To Perdition: The Ninth Circuit’S “Emission” Omission Disposition, Jordan Luebekemann Dec 2016

Trial To Perdition: The Ninth Circuit’S “Emission” Omission Disposition, Jordan Luebekemann

North Carolina Journal of Law & Technology

No abstract provided.


Corporate Darwinism: Disciplining Managers In A World With Weak Shareholder Litigation, James D. Cox, Randall S. Thomas Dec 2016

Corporate Darwinism: Disciplining Managers In A World With Weak Shareholder Litigation, James D. Cox, Randall S. Thomas

North Carolina Law Review

Because representative shareholder litigation has been constrained by numerous legal developments, the corporate governance system has developed new mechanisms as alternative means to address managerial agency costs. We posit that recent significant governance developments in the corporate world are the natural consequence of the ineffectiveness and inefficiency of shareholder suits to address certain genre of managerial agency costs. We thus argue that corporate governance responses evolve to fill voids caused by the inability of shareholder suits to monitor and discipline corporate managers. We further claim that these new governance responses are themselves becoming stronger due in part to the rising …


Pre-Competition, Jorge L. Contreras, Liza S. Vertinsky Dec 2016

Pre-Competition, Jorge L. Contreras, Liza S. Vertinsky

North Carolina Law Review

As the costs of pharmaceutical research and development rise and concerns grow about the pace of innovation, both federal agencies and industry participants have turned to new forms of collaboration to increase the efficiency and effectiveness of biomedical research. Industry participants, many of them competitors, come together to define joint research and development objectives and to share project results in what are widely known as “pre-competitive” collaborations. There is a prevailing understanding among both industry and governmental actors that these pre-competitive endeavors are not only permissible, but encouraged. While the term “pre-competitive” is prevalent in the pharmaceutical industry, it is …


In Memoriam: William Brantley Aycock, Martin H. Brinkley, John V. Orth, Esphur E. Foster, Judith Welch Wegner Dec 2016

In Memoriam: William Brantley Aycock, Martin H. Brinkley, John V. Orth, Esphur E. Foster, Judith Welch Wegner

North Carolina Law Review

William Brantley “Bill” Aycock passed away on June 20, 2015, at ninety-nine years old. A graduate of the University of North Carolina at Chapel Hill (M.A. 1937, J.D. 1948), Bill Aycock served his alma mater for twenty-nine years as a law professor and seven years as chancellor. This Article, a collection of memories shared by his colleagues and friends at a memorial service held at the University of North Carolina School of Law on October 26, 2015, honors Chancellor Aycock’s marvelous and dynamic life.


Drone Zoning, Troy A. Rule Dec 2016

Drone Zoning, Troy A. Rule

North Carolina Law Review

The growing popularity of small civilian drones has generated a wide array of complex and unprecedented regulatory challenges. Many of these challenges, such as keeping drones away from manned aircraft, are matters that the Federal Aviation Administration (“FAA”) is clearly authorized and well equipped to address. However, several other drone policy challenges relate solely to drones’ potential to disrupt landowners’ privacy and to otherwise interfere with activities on the ground. The nature and severity of these conflicts often varies greatly depending on a drone’s specific location; drone uses that are welcomed in some city neighborhoods may be prohibitively disruptive in …


Uncertain Standing: Normative Applications Of Standing Doctrine Produce Unpredictable Jurisdictional Bars To Common Law Data Breach Claims, Michael B. Jones Dec 2016

Uncertain Standing: Normative Applications Of Standing Doctrine Produce Unpredictable Jurisdictional Bars To Common Law Data Breach Claims, Michael B. Jones

North Carolina Law Review

No abstract provided.


Are Gray Skies Clearing Up? Shedding Light On Nonprofit Governance In The Wake Of Revamped Irs Form 990, Jordan C. Hilton Dec 2016

Are Gray Skies Clearing Up? Shedding Light On Nonprofit Governance In The Wake Of Revamped Irs Form 990, Jordan C. Hilton

North Carolina Law Review

No abstract provided.


Reader Privacy In Digital Library Collaborations: Signs Of Commitment, Opportunities For Improvement, Anne Klinefelter Oct 2016

Reader Privacy In Digital Library Collaborations: Signs Of Commitment, Opportunities For Improvement, Anne Klinefelter

Faculty Publications

Libraries collaborate to digitize collections large and small in order to provide information with fewer geographical, temporal, or socio-economic barriers. These collaborations promise economy of scale and breadth of impact, both for access to content and for preservation of decaying print source material. Some suggest this increased access to information through the digital environment comes at the expense of reader privacy, a value that United States librarians have advanced for nearly eighty years. Multiplying risks to digital reader privacy are said to weaken librarians’ commitment to privacy of library use and to overwhelm libraries’ ability to ensure confidential access to …


Undetected Conflict-Of-Laws Problems In Cross-Border Online Copyright Infringement Cases, Marketa Trimble Oct 2016

Undetected Conflict-Of-Laws Problems In Cross-Border Online Copyright Infringement Cases, Marketa Trimble

North Carolina Journal of Law & Technology

No abstract provided.


Copyright Law And Digital Piracy: An Econometric Global Cross-National Study, Antoni Terra Oct 2016

Copyright Law And Digital Piracy: An Econometric Global Cross-National Study, Antoni Terra

North Carolina Journal of Law & Technology

No abstract provided.


Open House: Connected Homes And The Curtilage, Mary Ellen Callahan Oct 2016

Open House: Connected Homes And The Curtilage, Mary Ellen Callahan

North Carolina Journal of Law & Technology

No abstract provided.


Conceptualizing Private Governance In A Networked Society, Jonathan Peters, Brett Johnson Oct 2016

Conceptualizing Private Governance In A Networked Society, Jonathan Peters, Brett Johnson

North Carolina Journal of Law & Technology

No abstract provided.


Brief For Amici Curiae Law Professors In Support Of Petitioners, In Re Jevic (Czyzewski V. Jevic Holding Corp.), Melissa B. Jacoby, Jonathan C. Lipson Sep 2016

Brief For Amici Curiae Law Professors In Support Of Petitioners, In Re Jevic (Czyzewski V. Jevic Holding Corp.), Melissa B. Jacoby, Jonathan C. Lipson

Faculty Publications

Question Presented:

Whether a bankruptcy court may approve a contested settlement agreement that distributes assets in violation of the Bankruptcy Code’s statutory priority rules and that departs from long-held absolute priority principles underlying the American bankruptcy system.


Contents, First Amendment Law Review Sep 2016

Contents, First Amendment Law Review

First Amendment Law Review

No abstract provided.


Tinker Remorse: On Threats, Boobies, Bullying, And Parodies, Mark Strasser Sep 2016

Tinker Remorse: On Threats, Boobies, Bullying, And Parodies, Mark Strasser

First Amendment Law Review

No abstract provided.


Open-Carry: Open-Conversation Or Open-Threat, Daniel Horwitz Sep 2016

Open-Carry: Open-Conversation Or Open-Threat, Daniel Horwitz

First Amendment Law Review

No abstract provided.


A First Amendment Analysis Of Voting Rights Of The Mentally Incapacitated: Why Are You Calling Me An Idiot, Why Can't I Vote, Tiffany Yates Sep 2016

A First Amendment Analysis Of Voting Rights Of The Mentally Incapacitated: Why Are You Calling Me An Idiot, Why Can't I Vote, Tiffany Yates

First Amendment Law Review

No abstract provided.


Medical Futility And Religious Free Exercise, Teneille Ruth Brown Sep 2016

Medical Futility And Religious Free Exercise, Teneille Ruth Brown

First Amendment Law Review

No abstract provided.


N.C. Innocence Inquiry Commission's First Decade: Impressive Success And Lessons Learned, Robert P. Mosteller Sep 2016

N.C. Innocence Inquiry Commission's First Decade: Impressive Success And Lessons Learned, Robert P. Mosteller

North Carolina Law Review

No abstract provided.


Thirty Years Of Disappointment: North Carolina's Remarkable Appellate Batson Record, Daniel R. Pollitt, Brittany P. Warren Sep 2016

Thirty Years Of Disappointment: North Carolina's Remarkable Appellate Batson Record, Daniel R. Pollitt, Brittany P. Warren

North Carolina Law Review

No abstract provided.


Called To Duty: Justice William J. Gaston, Barbara A. Jackson Sep 2016

Called To Duty: Justice William J. Gaston, Barbara A. Jackson

North Carolina Law Review

No abstract provided.


The "Right To Commit Nuisance" In North Carolina: A Historical Analysis Of The Right-To-Farm Act, Cordon M. Smart Sep 2016

The "Right To Commit Nuisance" In North Carolina: A Historical Analysis Of The Right-To-Farm Act, Cordon M. Smart

North Carolina Law Review

No abstract provided.