The Online Edition features short and medium length professional articles submitted to the journal and concise recent developments written by our student staff. All Online Edition articles must meet the same rigorous standards as those published in our print issues.
Online Edition Articles
Recent Development: Lorraine v. Markel: An Authoritative Opinion Sets the Bar for Admissibility of Electronic Evidence (Except for Computer Animations and Simulations)
NC JOLT Online Edition, Volume 9, Page 16 (December 2007)
Abstract
Lorraine v. Markel may have a profound impact on the world of electronic evidence admissibility for its guidance to lawyers, but in the area of computer animations and simulations, it carries a mixed message. The opinion takes a progressive approach to the unfair prejudice standard, granting broad discretion to courts to admit computer animation and simulation into evidence. However, the opinion takes a conservative approach to the treatment of computer simulations as scientific evidence. Lorraine’s real effect is yet to be seen, but its on-the-fence approach to computer animations and simulations may cause confusion. Lawyers should therefore use extra caution in meeting all relevant standards when introducing these forms of evidence.
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Recent Development: Perfect 10 and Contributory Liability: Can Search Engines Survive?
NC JOLT Online Edition, Volume 9, Page 1 (December 2007)
Abstract
Search engines allow millions of users to locate content on the Internet, including content offered by individuals and companies who have infringed upon a copyright holder’s rights. Copyright Law’s contributory infringement doctrine presents a dilemma for search engines like Google, whose services may facilitate the infringement of copyrights by enabling users to locate such content on the Internet. The Ninth Circuit’s recent decision in Perfect 10, Inc. v. Amazon.com, Inc. highlights the problems associated with contributory liability doctrine in copyright law in the digital era. The Ninth Circuit Court of Appeals remanded the case to the district court, holding that “reasonable and feasible” means were available to Google, enabling it to block access on its search engine to content that violates a copyright holder’s rights. This recent development illustrates some of the problems of applying the standard of contributory liability to search engines on the Internet.
Article: Plan B: The Alternative Not Available to All Females
NC JOLT Online Edition, Volume 8, Page 17 (February 2007)
Abstract
No abstract available.
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Article: The Duty of Candor and Sanctions in the International Trade Commission
NC JOLT Online Edition, Volume 8, Page 8 (February 2007)
Abstract
No abstract available.
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Recent Development: Flattery or Fraud: Should Fashion Designs Be Granted Copyright Protection?
NC JOLT Online Edition, Volume 8, Page 1 (February 2007)
Abstract
No abstract available.
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Articles by Category
- Biotechnology (3)
- Constitutional Law (1)
- Copyright (5)
- Cyber Law (3)
- E-Commerce (1)
- Evidence (1)
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