CONtroversy in Health Care: A Hard Look at North Carolina’s Certificate of Need Laws
May 20, 2019
Articles
How Neuroscience is Changing Our Understanding of Brain Injury, Vegetative States and the Law
The author examines clinical studies that use neuroscience technology to study patients in Vegetative States. The studies indicate that some of the patients are, in fact, conscious. The author suggests that this finding is a matter of considerable practical importance for the drafting and execution of end-of-life protocols such as Advance Directives and Living Wills.
Tracking Predators: Microchip Implants, a Constitutional Alternative to GPS Tracking for North Carolina?
The North Carolina Court of Appeals’ recent decision in State v. Grady held that the State of North Carolina failed to prove the reasonableness of continuing Satellite Based Monitoring (SBM) for the lifetime of a sex offender. It is the State’s burden to prove the necessity, and looking at the totality of the circumstances, the
La Crypto Nostra: How Organized Crime Thrives in the Era of Cryptocurrency
The advent of Bitcoin and other forms of cryptocurrency has left a permanent mark on the world as we know it, regardless of what percentage of the populace will ever touch or comprehend cryptocurrency in its lifetime. Thanks to the advent of blockchain technology, cryptocurrency has given rise to expedited international exchanges, increased protection of
Parametric Payouts and Environmental Conservation: How a Tech-Based Insurance Policy Could Pave the Way for Economically Viable Conservation Efforts
This year, the state government of Quintana Roo, Mexico, the Nature Conservancy, and the reinsurance company, Swiss Re, created the first parametric insurance policy to be taken out on a natural resource; the Mesoamerican Reef. This innovative policy creates a technology-based approach to establishing economically viable environmental conservation by assigning a quantitative value to a
Bioethics Beyond the Biosphere: Using Human Subject Medical Research to Chart Out Regulation and Liability for Health Risks in Outer Space
Humans may be living in outer space sooner than we think. Because of the elevated potential for detrimental effects to human health in space, ethical standards must be established prior to the widespread formation of human space settlements. This article offers a framework for analyzing the bioethics of humans in space by analogizing the uncertainty
Carpenter v. United States: A New Era for Protecting Data Generated on Personal Technology, or a Mere Caveat?
In deciding Carpenter, a majority of United States Supreme Court Justices recognized that, at a fundamental level, historical cell-site location information (CSLI) differs from other categories of business records in terms of deserving Fourth Amendment protection. However, the majority’s opinion is unclear about the precise source of this distinction, and about how, or whether, to
From Arcades to Online: Updating Copyright to Accommodate Video Game Streaming
Author: Nicholas Robinson Cite: Nicholas Robinson, From Arcades to Online: Updating Copyright to Accommodate Video Game Streaming, 20 N.C. J.L. & Tech. 286 (2018), http://ncjolt.org/wp-content/uploads/2018/12/RobinsonFinal.pdf. PDF: http://ncjolt.org/wp-content/uploads/2018/12/RobinsonFinal.pdf Volume: Volume 20, Issue 2
Subject Matter Eligibility and Functional Claiming in Software Patents
Subject matter eligibility and functional claiming are considered separate doctrines in patent law. Conceptually, subject matter eligibility relates to the types of ideas that can be patented, whereas limits on functional claiming constrain how patentees can claim their inventions. In practice, however, patents that recite functional claims are also more likely to be invalidated for
Juries in U.S. Patent Cases: A Comparative Portrait of the Boundaries of Democracy
“It is clear that juries will necessarily differ in ‘competence,’ but it is at best incongruous to suggest that a society that sends its citizens routinely into space could never produce a jury competent to determine a case some judge might consider too ‘complex’ for people with ‘common experience’ to decide.” Author: M. Neil Browne,
Cybersecurity of Autonomous Systems in the Transportation Sector: An Examination of Regulatory and Private Law Approaches with Recommendations for Needed Reforms
The past twenty-five years gave rise to increasing levels of automation within the transportation sector. From initial subsystems, like vessel satellite tracking and automobile chassis control, automation continues apace. The future promises fully autonomous devices such as unmanned aerial systems (“UAS”) and self-driving cars (“UAV”). These autonomous and automatic systems and devices (“AASD”) provide safety,
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