Articles

Wind Turbines and Migratory Birds: Avoiding a Collision Between the Energy Industry and the Migratory Bird Treaty Act

Volume 15, Online Edition (Jan 2014)

Wind energy is gaining prominence as a source of pollution-free electrical energy. An old environmental statute, however, may act as a roadblock for this clean, renewable energy. The Migratory Bird Treaty Act prohibits the killing or taking of nearly all birds found in the United States. While this legislation has been a boon for the

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Kyle Evans, Recent Development, Wind Turbines and Migratory Birds: Avoiding a Collision Between the Energy Industry and the Migratory Bird Treaty Act, 15 N.C. J.L. & Tech. On. 32 (2014), available at http://ncjolt.org/wp-content/uploads/2014/01/Evans_final.pdf.

Mutual Pharmaceutical Co. v. Bartlett Continues to Alter the True Costs and Risks of Generic Drugs

Volume 15, Online Edition (Jan 2014)

Over the last few decades, the generic drug market has grown substantially. Today, generic drugs account for four of every five drugs sold. The affordability of generics has been a welcome change for drug purchasers throughout the value chain, but thinning protections for generic drug consumers are causing many reasons for concern. Recent Supreme Court

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Brittany Croom, Recent Development, Buyer Beware: Mutual Pharmaceutical Co. v. Bartlett Continues to Alter theTrue Costs and Risks of Generic Drugs, 15 N.C. J.L. & Tech. On. 1 (2014), available at http://ncjolt.org/wp-content/uploads/2014/01/Croom_final.pdf.

Leaving the Back Door Open: How Export Control Reform’s Deregulation May Harm America’s Security

Volume 15, Online Edition (Jan 2014)

A convoluted system regulating arms-related technology exports has frustrated U.S. defense manufacturers for decades. The Obama Administration is implementing sweeping reforms and relaxing export controls to address these concerns. While described as an attempt to bolster national security by aiding the U.S. private sector’s dominance of defense technology markets, these reforms pose a substantial risk

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David R. Fitzgerald, Recent Development, Leaving the Back Door Open: How Export Control Reform's Deregulation May Harm America's Security, 15 N.C. J.L. & Tech. On. 65 (2014), available at http://ncjolt.org/wp-content/uploads/2014/01/Fitzgerald_final.pdf.

The Fight Against “Patent Trolls:” Will State Law Come to the Rescue?

Volume 15, Online Edition (Jan 2014)

Patent trolls are companies that do not invent or manufacture any products. These companies acquire patents for routine activities, such as scanning documents to email. They then send out thousands of letters to potential infringers, demanding exorbitant fees for a license to engage in the patented activity, and threatening suit if the recipient fails to

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T. Christian Landreth, Recent Development, The Fight Against “Patent Trolls:” Will State Law Come to the Rescue?, 15 N.C. J.L. & Tech. On. 100 (2014), available at http://ncjolt.org/wp-content/uploads/2014/01/Landreth_final.pdf.

Patenting Abstractions

Volume 15, Issue 2 (Jan 2014)

This Article explores whether abstract ideas can and should be patentable. Historically, the patent system’s scope has been restricted to protecting tangible products or processes as opposed to abstract ideas. Ongoing advances in information technologies, however, have blurred the boundaries of the traditional doctrine, and many recently issued patents appear to protect abstractions. A recent

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Miriam Bitton, Patenting Abstractions, 15 N.C. J.L. & Tech. 153 (2014), available at http://ncjolt.org/wp-content/uploads/2014/01/Bitton_Final.pdf.

Neutral Litigants in Patent Cases

Volume 15, Issue 2 (Jan 2014)

Patent cases at the district court level are one of the most complex, time-consuming, and contentious forms of civil litigation. As an alternative to the conventional, two-sided adversarial process, this Article proposes a structural change to the manner of conducting patent litigation in the district courts: the addition of a neutral litigant who, as the

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Jeremy W. Bock, Neutral Litigants in Patent Cases, 15 N.C. J.L. & Tech. 233 (2014), available at http://ncjolt.org/wp-content/uploads/2014/01/Bock_Final.pdf.

Reproduction-Powered Industry: Coordinating Agency Regulations for Synthetic Biology

Volume 15, Issue 2 (Jan 2014)

The products of synthetic biology may improve medicine, national security, environmental protection, and the economy, but under-regulated development could catastrophically compromise these endeavors. Considering the dangers exhibited by existing microorganisms and public access to tools of synthetic biology construction, the field’s untested novelty implicates human health and safety. Further, social justice concerns are raised by

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Brendan Parent, Reproduction-Powered Industry: Coordinating Agency Regulations for Synthetic Biology, 15 N.C. J.L. & Tech. 307 (2014), available at http://ncjolt.org/wp-content/uploads/2014/01/Parent_Final.pdf.

The Roadblock for Generic Drugs: Declaratory Judgment Jurisdiction for Later Generic Challengers

Volume 15, Issue 1 (Oct 2013)

The Hatch-Waxman Act allows generic drug manufacturers to market a generic equivalent of a pharmaceutical company’s patented drug prior to the patent’s expiration by bringing Paragraph IV challenges against the patent holder. To encourage generic manufacturers to make these challenges, the Hatch-Waxman Act grants the first generic challenger (“first-filer”) for a particular drug a 180-day

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Matthew Avery & Mary Nguyen, The Roadblock for Generic Drugs: Declaratory Judgment Jurisdiction for Later Generic Challengers, 15 N.C. J.L. & Tech. 1 (2013), available at http://ncjolt.org/wp-content/uploads/2013/11/Avery-+-Nguyen-Final.pdf.

The International Patent Propensity Divide

Volume 15, Issue 1 (Oct 2013)

This Article contributes conceptually and empirically towards an innovation-based growth theory for developing countries. The proposed theory adheres to the growing importance given by theoreticians and policy makers alike to re-visiting the neoclassical economics “one size fits all” innovation policy propagated by current international intellectual property instruments. In arguing for an innovation-based growth theory, the

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Daniel Benoliel, The International Patent Propensity Divide, 15 N.C. J.L. & Tech. 49 (2013), available at http://ncjolt.org/wp-content/uploads/2013/11/Benoliel-Final.pdf.

Criminal Copyright Enforcement Against Filesharing Services

Volume 15, Issue 1 (Oct 2013)

The high-profile prosecution of the popular online storage website Megaupload for criminal copyright infringement is the latest in a series of recent criminal prosecutions of online filesharing services. This Article addresses what pushes a legitimate online file-storing business over the edge to criminal enterprise, and how criminal copyright enforcement differs from civil enforcement. The Article

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Benton Martin & Jeremiah Newhall, Criminal Copyright Enforcement Against Filesharing Services, 15 N.C. J.L. & Tech. 101 (2013), available at http://ncjolt.org/wp-content/uploads/2013/11/Martin-+-Newhall-Final.pdf.

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