Articles

Searching for Reputation: Reconciling Free Speech and the “Right to be Forgotten”

Volume 17, Issue 1 (Dec 2015)

This article offers a comprehensive assessment of the tension between First Amendment law and the European Court of Justice’s decision in 2014 granting individuals the right to have search engines “forget” certain personal information about them. While the ECJ decision is vague on the boundaries of a “right to forget,” it correctly locates a problem

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Jeffrey Abramson, Searching for Reputation: Reconciling Free Speech and the "Right to be Forgotten," 17 N.C.J.L. & Tech. 1 (2015), available at http://ncjolt.org/wp-content/uploads/2015/10/Abramson_Final-1.pdf.

The Costs of Regulatory Redundancy: Consumer Protection Oversight of Online Travel Agents and the Advantages of Sole FTC Jurisdiction

Volume 17, Issue 2 (Dec 2015)

Every administration in recent history has attempted to reduce regulatory redundancies. One area of regulatory redundancy that deserves attention is the Federal Trade Commission’s (FTC) and Department of Transportation’s (DOT) consumer protection authority over online travel agents (OTAs), which generated $111 billion in revenue in 2013. This regulatory redundancy guarantees that two agencies will oversee

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James C. Cooper, The Costs of Regulatory Redundancy: Consumer Protection Oversight of Online Travel Agents and the Advantages of Sole FTC Jurisdiction, 17 N.C.J.L. & Tech. 179 (2015), available at http://ncjolt.org/wp-content/uploads/2015/12/Cooper_Final.pdf.

Virtual Schools, Student Rights, and the First Amendment: Adjusting the Schoolhouse Gate to the 21st Century

Volume 17, Issue 2 (Dec 2015)

The advent of virtual schools has created uncertainty for school officials seeking to discipline students for speech. This uncertainty is fueled partly by the ostensibly omnipresent nature of virtual speech and partly by the fact that the United States Supreme Court has never ruled on the free speech rights of students in virtual schools. This

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Joseph O. Oluwole & Preston C. Green III, Virtual Schools, Student Rights, and the First Amendment: Adjusting the Schoolhouse Gate to the 21st Century, 17 N.C.J.L. & Tech. 221 (2015), available at http://ncjolt.org/wp-content/uploads/2015/12/OluwoleGreen_Final.pdf.

One Centimeter Over My Back Yard: Where Does Federal Preemption of State Drone Regulation Start?

Volume 17, Issue 2 (Dec 2015)

The proliferation of small unmanned aircraft systems (microdrones) invites reconsideration of the limits of exclusive federal authority over aviation, which currently preempts state law. Public reaction to the drone phenomenon is generally adverse, putting pressure on state and local legislators to regulate drones. Many of them have enacted or are considering legislation and ordinances to

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Henry H. Perritt, Jr. & Albert J. Plawinski, One Centimeter Over My Back Yard: Where Does Federal Preemption of State Drone Regulation Start?, 17 N.C.J.L. & Tech. 307 (2015), available at http://ncjolt.org/wp-content/uploads/2015/12/Perritt_Plawinski_Final.pdf.

Should Contributory Cybersquatting be Actionable?

Volume 17, Issue 1 (Oct 2015)

Domain name registrars are increasingly targeted by trademark owners for registering and hosting infringing domain names, despite the lack of clear statutory authorization for these claims. Registrars, pressed by reduced profit margins, have begun offering value-added services such as sponsored domain parking and WHOIS-masking. However, such services incentivize and aid domain name purchasers to engage

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Nicholas Foss Barbantonis, Should Contributory Cybersquatting be Actionable?, 17 N.C.J.L. & Tech. 79 (2015), available at http://ncjolt.org/wp-content/uploads/2015/10/Barbantonis_Final.pdf.

To Bioprint or Not to Bioprint

Volume 17, Issue 1 (Oct 2015)

Recent scholarship on regulating 3D printing implicitly presumes the same regulation should apply to printing from both non-biological materials and biological materials. However, this presumption is mistakenly grounded. Technically, bioprinting is a subcategory of 3D printing. However, printing from biological materials presents different public policy considerations than printing from non-biological materials. When experimenting with mammalian

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Jasper L. Tran, To Bioprint or Not to Bioprint, 17 N.C.J.L. & Tech. 123 (2015), available at http://ncjolt.org/wp-content/uploads/2015/10/Tran_Final.pdf.

The Three Faces of Prometheus: A Post-Alice Jurisprudence of Abstractions

Volume 16, Issue 4 (Jul 2015)

While Alice v. CLS Bank has confirmed that patent claims require a further “inventive concept” beyond an underlying abstract idea or law of nature for patent-eligibility, there is little agreement on what defines either an “abstract idea” or an “inventive concept.” Resolving this uncertainty is critical to determining the patent-eligibility of software claims beyond the

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Jeffey A. Lefstin, The Three Faces of Prometheus: A Post-Alice Jurisprudence of Abstractions, 16 N.C.J.L. & Tech. 647 (2015), available at http://ncjolt.org/wp-content/uploads/2015/07/Lefstin_Final.pdf.

Ghost in the “New Machine”: How Alice Exposed Software Patenting’s Category Mistake

Volume 16, Issue 4 (Jul 2015)

The Alice Court’s characterization of computer programming has effectively repudiated, inter alia, the doctrine that programming a general-purpose computer creates a patent-eligible “new machine.” This Article revisits In re Bernhart, the first holding based on the “new machine” principle, concluding that the Court of Customs and Patent Appeals committed a category mistake in conducting its

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Andrew Chin, Ghost in the "New Machine": How Alice Exposed Software Patenting's Category Mistake, 16 N.C.J.L. & Tech. 623 (2015), available at http://ncjolt.org/wp-content/uploads/2015/07/Chin_Final.pdf.

Hotel, Motel, Holiday Inn and Peer-to-Peer Rentals: The Sharing Economy, North Carolina, and the Constitution

Volume 16, Online Edition (Apr 2015)

Within the past several years, a new business model has rapidly expanded into a billion dollar industry, with potential to expand further—the sharing economy. The North Carolina General Assembly has yet to address how it intends to regulate the sharing economy. The General Assembly could choose to create completely new regulations for the sharing economy,

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Joseph Shuford, Hotel, Motel, Holiday Inn and Peer-to-Peer Rentals: The Sharing Economy, North Carolina, and the Constitution, 16 N.C. J.L. & Tech. On. (2015), available at http://ncjolt.org/wp-content/uploads/2015/04/Shuford_Final.pdf.

Batteries and State Law: A Glimpse of the Future in the Lone Star State

Volume 16, Online Edition (Apr 2015)

The mismatch of localized electricity regulations with interstate electricity generation and transmission creates large inefficiencies. It is possible to solve this problem without overturning the entire existing regime by affording federal, state, and local regulatory bodies more power to implement battery technology without traditional regulatory hindrances. Given the limited number of regulatory bodies responsible for

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Rich Pepper, Batteries and State Law: A Glimpse of the Future in the Lone Star State, 16 N.C. J.L. & Tech. On. 269 (2015), available at http://ncjolt.org/wp-content/uploads/2015/04/Pepper_Final.pdf.

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