September 10, 2019
Evidence of Lies and Rules of Evidence: The Admissibility of fMRI-Based Expert Opinion of Witness Truthfulness
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
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.
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
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
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
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
Keynote address at the 2014 North Carolina Journal of Law and Technology symposium.
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
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
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 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,
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
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
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
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
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
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
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
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
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
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