Articles

United States v. Cassidy: The Federal Interstate Stalking Statute and Freedom of Speech

Stalking is a crime that affects millions of people each year, with profound mental, physical, and financial effects for victims. In a technological world, new forms of stalking arose through online interactive mediums such as Twitter, blogs, Facebook, and email. Cyberstalking has many of the same ramifications as traditional stalking but with some new twists.

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Timothy L. Allsup, Recent Development, United States v. Cassidy: The Federal Interstate Stalking Statute and Freedom of Speech, 13 N.C. J.L. & Tech. On. 227 (2012), http://cite.ncjolt.org/13NCJOLTOnlineEd227.

Regulatory Barriers to the Growth of Multijurisdictional Virtual Law Firms and Potential First Steps to Their Removal

The spread of disruptive technologies to the legal profession is changing the dynamic of how law firms are structured as well as the value propositions associated with the delivery of legal services. The number of law firms with a national presence has grown due to the cost benefits and efficiency of using cloud computing. New

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Stephanie L. Kimbro, Regulatory Barriers to the Growth of Multijurisdictional Virtual Law Firms and Potential First Steps to Their Removal, 13 N.C. J.L. & Tech. On. 165 (2012), http://cite.ncjolt.org/13NCJOLTOnlineEd165.

Symposium Introduction

In early 2012 the North Carolina Journal of Law and Technology and the North Carolina Journal of International Law and Commercial Regulation held a joint symposium, “Anticipating Dissention: When Legal Frameworks, U.S. Commerce and Foreign Markets Intersect.” The symposium represents a historic first collaboration between these two journals and resulted in an absolutely splendid program

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Laura N. Gasaway, Symposium Introduction, 13 N.C. J.L. & Tech. On. 147 (2012), http://cite.ncjolt.org/13NCJOLTOnlineEd147.

Global-Tech Appliances, Inc. v. SEB S.A. and the Creation of a Flexible Blindness Standard for Induced Patent Infringement

When assigning liability in patent infringement cases, courts have often struggled with the determination of what mental state is necessary to hold a defendant liable. In Global-Tech Appliances, Inc. v. SEB S.A., the Supreme Court determined that knowledge is necessary in cases of induced infringement, but tempered the holding by allowing willful blindness to be

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David W. Roadcap, Recent Development, Global-Tech Appliances, Inc. v. SEB S.A. and the Creation of a Flexible Blindness Standard for Induced Patent Infringement, 13 N.C. J.L. & Tech. On. 117 (2011), http://cite.ncjolt.org/13NCJOLTOnlineEd117.

It’s All Fun and Games Until Someone Gets Hurt: Brown v. Entertainment Merchants Assoc. and the Problem of Interactivity

Video gaming is a medium in its infancy. Having seen remarkably rapid advancement over the past forty years, the industry has grown in both popularity and notoriety with children and adults alike. Despite the popularity of video games, some parents and lawmakers have expressed concern over the presence of violent content in video games. With

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Robert B. Norris, Recent Development, It's All Fun and Games Until Someone Gets Hurt: Brown v. Entertainment Merchants Assoc. and the Problem of Interactivity, 13 N.C. J.L. & Tech. On. 81 (2011), http://cite.ncjolt.org/13NCJOLTOnlineEd81.

That’s Easy! I Can Do That with Pen and Paper!: Why the Mental Steps Doctrine Could Bring an End to Patent Protection for Software

In August of 2011, the U.S. Court of Appeals for the Federal Circuit issued a ruling in CyberSource v. Retail Decisions that held a piece of computer software as unpatentable because it did not fit any allowable subject matter. This decision was reached through an application of the test for processes to a claim that

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Marc D. Macenko & Bentley J. Olive, Recent Development, That's Easy! I Can Do That with Pen and Paper!: Why the Mental Steps Doctrine Could Bring an End to Patent Protection for Software, 13 N.C. J.L. & Tech. On. 61 (2011), http://cite.ncjolt.org/13NCJOLTOnlineEd61.

Brownmark Films, LLC v. Comedy Partners: Why Fair Users Should Be Able to Rely on Fair Use

The fair use doctrine is codified in the Copyright Act of 1976. It protects the use of copyrighted material by parties who do not own rights to the copyrighted works if they are used for such purposes as education, parody, or commentary. However, many parties shy away from using materials that would be protected by

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Jennifer K. Kanzelberger, Recent Development, Brownmark Films, LLC v. Comedy Partners: Why Fair Users Should Be Able to Rely on Fair Use, 13 N.C. J.L. & Tech. On. 35 (2011), http://cite.ncjolt.org/13NCJOLTOnlineEd35.

U.S. Legal Holds Across Borders: A Legal Conundrum?

Volume 13, Issue 1 (Jun 2012)

U.S. legal holds present a conundrum that confronts the bar and bench with increasing frequency. It is the result of a clash between broad U.S. preservation obligations mandated by existing case law and stringent privacy and data protection laws in other jurisdictions, including European Union (“E.U.”) member states.  The challenge requires a multinational litigant to

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Kenneth N. Rashbaum, Matthew Knouff & Melinda C. Albert, U.S. Legal Holds Across Borders: A Legal Conundrum?, 13 N.C. J.L. & Tech. 69 (2011), available at http://ncjolt.org/wp-content/uploads/2016/09/06_13NCJLTech692011-2012.pdf.

Dynamic Innovative Inefficiency in Pharmaceutical Patent Settlements

Volume 13, Issue 1 (Jun 2012)

Ineffective policing of bad patents remains a main focus of the academy with respect to Hatch-Waxman challenge settlements, but the potential of the challenge structure for weakening justified, good patents has gone relatively unnoticed. Currently, the most rational target for a generic challenger is a highly profitable patent, whether it is weak or strong. The

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Ian Hastings, Dynamic Innovative Inefficiency in Pharmaceutical Patent Settlements, 13 N.C. J.L. & Tech. 31 (2011), available at http://ncjolt.org/wp-content/uploads/2016/09/05_13NCJLTech312011-2012.pdf.

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