Robert D. Brownstone* 1

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 technology (IT) and the costs of mastering IT have burgeoned.  Only some eDiscovery issues are resolvable by resort to traditional discovery principles.  Consequently, many unique digital issues have infiltrated not only civil litigation, but also companies' overall records policies, procedures, and protocols.

Cite as 8 N.C. J.L. & Tech. 1 (2006) | Download PDF

M. Christine Holleman1

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 gambling by looking to the requisite level of skill involved, this case will hinge on whether the court determines that skill or chance is the dominant factor in the outcome of fantasy games.  The policy considerations weighing in favor of the fantasy sports leagues include:  (1) traditional rationales for outlawing gambling do not apply to fantasy sports; (2) recent Congressional legislation evidences Congress's support for fantasy sports; and (3) an adverse decision would damage an innocuous billion-dollar industry.

Cite as 8 N.C. J.L. & Tech. 59 (2006) | Download PDF

Leslie T. Grab1

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 recent decision in eBay v. Mercexchange2 rejected the “automatic injunction” rule and thus weakened one of the patent troll's leveraging tools, the permanent injunction.

Cite as 8 N.C. J.L. & Tech. 81 (2006) | Download PDF

Steven G. Bell1

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 amidst statutes which did not contemplate the possibility of widespread wind energy harvesting.  North Carolina's most favorable sites for wind energy development are protected by the Mountain Ridge Protection Act and the Coastal Area Management Act.  This Comment explores both Acts to determine if wind energy development in the Tar Heel State will be defeated before it can even begin.

Cite as 8 N.C. J.L. & Tech. 117 (2006) | Download PDF

Ben Iddings1

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 rates as necessary to cover government required security-enhancing technology.  However, evidence indicates that these excessive rates are a product of the generous commissions companies pay to states, in exchange for exclusive service contracts.  This Comment analyzes current telephone policies in several state prison systems, discussing the relative strengths and shortcomings of each policy.  This Comment will also discuss and critique potential legislative, regulatory, and judicial approaches to addressing the problem.

Cite as 8 N.C. J.L. & Tech. 159 (2006) | Download PDF