Warning: Declaration of subscribe2_widget::addPluginSubMenu() should be compatible with mijnpress_plugin_framework::addPluginSubMenu($title, $function, $file, $capability = 10, $where = 'plugins.ph...') in /nfs/c08/h02/mnt/115538/domains/ncjolt.org/html/wp-content/plugins/subscribe2-widget/subscribe2-widget.php on line 18

Warning: Declaration of subscribe2_widget::addPluginContent($links, $file) should be compatible with mijnpress_plugin_framework::addPluginContent($filename, $links, $file, $config_url = NULL) in /nfs/c08/h02/mnt/115538/domains/ncjolt.org/html/wp-content/plugins/subscribe2-widget/subscribe2-widget.php on line 18
Articles Archives - Page 12 of 37 - NC Journal of Law & Technology

Articles

Evidence of Lies and Rules of Evidence: The Admissibility of fMRI-Based Expert Opinion of Witness Truthfulness

Volume 16, Issue 1 (Oct 2014)

Neuroscientists are exploring intriguing technology that some claim will revolutionize the jury’s search for truth. Functional Magnetic Resonance Imaging (“fMRI”) seeks to correlate brain activity with cognitive function. Current research with regard to lie detection indicates that laboratory studies have achieved accuracy rates in excess of 90% in identifying deception and verifying truth in study

Download Full Text PDF

William A. Woodruff, Evidence of Lies and Rules of Evidence: The Admissibility of fMRI-Based Expert Opinion of Witness Truthfulness 16 N.C. J.L. & Tech. 105 (2014), available at http://ncjolt.org/wp-content/uploads/2014/10/Woodruff_Final.pdf.

The Trans-Pacific Partnership: Experimental Use of Patents on the International Agenda

Volume 16, Issue 1 (Oct 2014)

As the secret negotiations of the Trans-Pacific Partnership Agreement (“TPP”) between the United States and eleven other nations advance, the recent release of the draft Intellectual Property Chapter provides a timely opportunity to examine its content. Among the myriad issues addressed in the draft is experimental use of patents, a topic that has been the

Download Full Text PDF

Ofer Tur-Sinai, The Trans-Pacific Partnership: Experimental Use of Patents on the International Agenda, 15 N.C. J.L. & Tech. 63 (2014), available at

Dynamic Federalism and Wind Farm Siting

Volume 16, Issue 1 (Oct 2014)

An “all-of-the-above” energy policy has led to the emergence of wind power as an energy resource of choice. But despite their considerable environmental and economic advantages, wind energy systems do have drawbacks. Among these, the mechanical and electromagnetic properties of wind turbines encroach on U.S. Department of Defense (“DoD”) military installations and activities. These encroachment

Download Full Text PDF

H. Brendan Burke, Dynamic Federalism and Wind Farm Siting, 16 N.C. J.L. & Tech. 1 (2014), available at http://ncjolt.org/wp-content/uploads/2014/10/Burke_Final.pdf.

Gene Patents and the Public Interest: Litigating Association for Molecular Pathology v. Myriad Genetics and Lessons Moving Forward

Volume 15, Issue 4 (Jun 2014)

Keynote address at the 2014 North Carolina Journal of Law and Technology symposium.

Download Full Text PDF

Sandra S. Park, Gene Patents and the Public Interest: Litigating Association for Molecular Pathology v. Myriad Genetics and Lessons Moving Forward, 15 N.C. J.L. & Tech. 519 (2014), available at http://ncjolt.org/wp-content/uploads/2014/07/Park_Final.pdf

The “Progress Clause”: An Empirical Analysis Based on the Constitutional Foundation of Patent Law

Volume 15, Issue 4 (Jun 2014)

When the Founding Fathers promulgated the Progress Clause of the U.S. Constitution, they recognized the potential for certain types of patents to impede rather than promote innovation. The drafting of the Patent Act and its interpretation by the U.S. Supreme Court similarly recognized that abstract ideas, laws of nature, and products of nature do not

Download Full Text PDF

Lori B. Andrews, The “Progress Clause”: An Empirical Analysis Based on the Constitutional Foundation of Patent Law, 15 N.C. J.L. & Tech. 537 (2014), available at http://ncjolt.org/wp-content/uploads/2014/07/Andrews_Final.pdf

Myriad After Myriad: The Proprietary Data Dilemma

Volume 15, Issue 4 (Jun 2014)

Myriad Genetics’ long-time monopoly on BRCA gene testing was significantly narrowed by the Supreme Court’s decision in Association of Molecular Pathology v. Myriad Genetics, Inc., and will be further narrowed in the next few years as many of its still-valid patents expire. But these developments have not caused the company to acquiesce in competition. Instead,

Download Full Text PDF

John M. Conley, Robert Cook-Deegan & Gabriel Lázaro-Muñoz, Myriad After Myriad: The Proprietary Data Dilemma, 15 N.C. J.L. & Tech. 597 (2014), available at http://ncjolt.org/wp-content/uploads/2014/07/Conley_Final.pdf

Mayo, Myriad, and the Future of Innovation in Molecular Diagnostics and Personalized Medicine

Volume 15, Issue 4 (Jun 2014)

Contrary to popular perception, the Supreme Court’s recent decision in Association for Molecular Pathology v. Myriad Genetics, Inc., finding certain patent claims reciting isolated genomic DNA molecules patent ineligible is likely to have a relatively minor impact on the patenting of diagnostics and personalized medicine. Method claims generally play a much more important role than

Download Full Text PDF

Christopher M. Holman, Mayo, Myriad, and the Future of Innovation in Molecular Diagnostics and Personalized Medicine, 15 N.C. J.L. & Tech. 639 (2014), available at http://ncjolt.org/wp-content/uploads/2014/07/Holman_Final.pdf

Dr. Dronelove: How We Should All Learn to Stop Worrying and Love Commercial Drones

Volume 15, Online Edition (May 2014)

While manufacturers, entrepreneurs, and customers wait on the dilatory FAA to create formal rules governing commercial drone integration into the U.S. airspace, states have begun to regulate drones on their own accord. However, the direction of state legislation risks the benefits of an emerging industry worth billions—an industry in which the United States has a

Download Full Text PDF

Nicholas Ryan Turza, Recent Development, Dr. Dronelove: How We Should All Learn to Stop Worrying and Love Commercial Drones, 15 N.C. J.L. & Tech. On. 134 (2014), available at http://ncjolt.org/wp-content/uploads/2014/05/Turza_Final.pdf

“Transforming” Fair Use: Authors Guild, Inc. v. Google, Inc.

Volume 15, Online Edition (May 2014)

Since the 1980s, the outcome of the fair use defense to copyright has appeared to turn on whether the secondary use provided the infringer with any commercial benefit. However, recent cases suggest that the commerciality inquiry is no longer controlling. In November of 2013, Authors Guild, Inc. v. Google, Inc. authorized Google Books to use

Download Full Text PDF

Kelly Morris, Recent Development, "Transforming" Fair Use: Authors Guild, Inc. v. Google, Inc., 15 N.C. J.L. & Tech. On. 134 (2014), available at http://ncjolt.org/wp-content/uploads/2014/05/Morris_Final.pdf

Do Not Read This Article at Work: The CFAA’s Vagueness Problem and Recent Legislative Attempts to Correct It

Volume 15, Online Edition (May 2014)

The Computer Fraud and Abuse Act (“CFAA”), the nation’s leading anti-hacking statute, criminalizes unauthorized access to any computer in the world. The CFAA does not specify what types of computer use qualify as unauthorized access, and circuit courts are split over approaches to defining the term. Although some courts have held that violations of private

Download Full Text PDF

Ryan H. Niland, Recent Development, Do Not Read This Article at Work: The CFAA's Vagueness Problem and Recent Legislative Attempts to Correct It, 15 N.C. J.L. & Tech. On. 134 (2014), available at http://ncjolt.org/wp-content/uploads/2014/05/Niland_Final.pdf

The North Carolina Journal of Law & Technology has adopted the Open Access Program, a part of the Scholar’s Copyright Project created by Science Commons. Authors designate the conditions under which their articles are licensed. By downloading articles, you agree to comply with the license terms specified. Please contact NC JOLT at eic.ncjolt@gmail.com with permissions inquiries.