Transport programs provide a means for the Environmental Protection Agency to regulate states’ emissions that endanger human health in neighboring areas. The Clean Air Interstate Rule and the Cross-State Air Pollution Rule are transport programs implemented under the authority of the good neighbor provision. However, the Court of Appeals for the District of Columbia Circuit …
Many patent cases turn on the meaning of terms in the patent claims. Although the standards for interpreting claims are somewhat fluid, there is a need for some degree of rigidity so inventors can protect their inventions. This Recent Development examines how the court in InterDigital Communications, LLC v. International Trade Commission applied various doctrines …
Following months of polarized debates, the North Carolina legislature has legalized hydraulic fracturing and horizontal drilling through the enactment of the Clean Energy and Economic Security Act. Public discourse has primarily tracked concerns over energy security, environmental protection, and public health. What the dialogue has failed to adequately consider is the extent to which private …
In 1976, Congress revised the Copyright Act, extending protection to computer programs. The scope of this protection, however, has remained unclear. While all courts agree that source code is protected from direct copying, they disagree as to the extent of protection for nonliteral elements, such as the code’s structure, sequence, and organization. Oracle America, Inc. …
An information technology project “Apps.Gov” was announced by the Federal Government on September 15th, 2009. Google, Inc. is the principal contractor and is building a special data center facility for the project. In December, Google discovered a breach at another one of it data centers, which led to public concerns about cyber security and even …
Although recent decades have seen a boom in the development of technologies that manipulate the human reproductive cycle, many states have been slow to adopt laws regulating third-party reproduction. While a handful of states recognize the validity of gestational surrogacy contracts, others find such contracts to be against public policy. Most states’ statutes, however, are …
Several metered-usage pricing schemes for broadband Internet are struggling or have already failed, with each experiencing large amounts of end-user backlash. The problem with price experiments is the severity of user backlash in response to even minimal tests of new schemes. Users often perceive pricing tests as threats to low-cost broadband, but Internet Service Providers …
Turner Broadcasting System, Inc. v. FCC (1997) set the standard of review for challenges by cable television operators who claim that federal laws such as the Cable Television Consumer Protection and Competition Act of 1992 violate their First Amendment right to free speech. That standard, intermediate scrutiny, holds that a content-neutral law will be upheld …
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Mobile analytics software companies must walk a fine line between providing useful data to their customers—handset manufacturers and wireless network operators—and protecting the privacy rights of consumers whose data they collect. In late 2011, a relatively unknown Connecticut-based systems administrator named Trevor Eckhart revealed that mobile analytics software developer, Carrier IQ, may have crossed this …
