Articles

When Five Hours Equals Five Days: Bringing Section 504 Education Plans Into the 21st Century

Volume 16, Online Edition (Apr 2015)

According to federal regulations, all students have a right to a free appropriate public education in the most integrated, least restrictive environment appropriate. Discrimination based upon disabilities is a violation of civil rights. An estimated 10.2 million children in the United States have special healthcare needs, accounting for 13.9% of all children. Some students who

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Cameron Neal, When Five Hours Equals Five Days: Bringing Section 504 Education Plans Into the 21st Century, 16 N.C. J.L. & Tech. On. 235 (2015), available at http://ncjolt.org/wp-content/uploads/2015/04/Neal_Final-1.pdf.

Instasearch: Fixing Fourth Amendment Jurisprudence as Applied to Instagram and Other Cyberspace Data Storage Providers

Volume 16, Online Edition (Apr 2015)

Under the Supreme Court’s Fourth Amendment jurisprudence, the constitutional privacy protections that many Americans take for granted are non-existent in cyberspace because of the third-party doctrine, which was born decades before the popular adoption of cyberspace social networks and data storage services. When someone in America posts a picture on Instagram or updates a status

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Adam Maas, Instasearch: Fixing Fourth Amendment Jurisprudence as Applied to Instagram and Other Cyber Storage Providers, 16 N.C. J.L. & Tech. On. 202 (2015), available at http://ncjolt.org/wp-content/uploads/2015/04/Maas_Final.pdf.

Railing Against Cyber Imperialism: Discussing the Issues Surrounding the Pending Appeal of United States v. Microsoft Corp.

Volume 16, Online Edition (Apr 2015)

The United States government was granted a wide berth of surveillance powers post 9/11. At a time when Americans felt vulnerable to foreign attack, the executive branch passed the USA PATRIOT Act that balanced a reduction of privacy rights with a promise of increased national security. Twelve years later, Edward Snowden released documents showing exactly

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Jason Green, Railing Against Cyber Imperialism: Discussing the Issues Surrounding the Pending Appeal of United States v. Microsoft Corp. 16 N.C. J.L. & Tech. On. 172 (2015), available at http://ncjolt.org/wp-content/uploads/2015/04/Green_Final.pdf.

How the Rise of Big Data and Predictive Analytics are Changing the Attorney’s Duty of Competence

Volume 16, Issue 3 (Apr 2015)

If the legal profession had been able to foresee in the late 1990s and early 2000s, prior to the meteoric rise and ensuing cultural ubiquity of social media, that every tagged spring break photo, 2:00 a.m. status update, and furious wall post would one day be vulnerable to potential exposure in the cold, unforgiving light

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Peter Segrist, How the Rise of Big Data and Predictive Analytics are Changing the Attorney's Duty of Competence, 16 N.C. J.L. & Tech. 527 (2015), available at http://ncjolt.org/wp-content/uploads/2015/04/Segrist_Final.pdf.

Googlestroika: Five Years Later

Volume 16, Issue 3 (Apr 2015)

This article re-examines and revises observations made in the author’s 2009 article, Googlestroika: Privatizing Privacy. 1 Specifically, it looks to the contractual obligations and practical considerations that define how users interact not only with Google, but also with social network websites and other online service providers. Consideration is given to how an individual leaves a

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Karl T. Muth, Googlestroika: Five Years Later, 16 N.C. J.L & Tech. 487 (2015), available at http://ncjolt.org/wp-content/uploads/2015/04/Muth_Final.pdf.

Towards a Cybersecurity Policy Model: Israel National Cyber Bureau Case Study

Volume 16, Issue 3 (Apr 2015)

Designing and implementing a cybersecurity legal policy is an ambitious endeavor. This Article offers primary guidelines focusing on the national level, and uses Israel’s newly created National Cyber Bureau as a case in point. Additionally, this Article offers a cross-section comparison between the national cybersecurity policies of the United States, the United Kingdom, Canada, Japan,

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Daniel Benoliel, Towards a Cybersecurity Policy Model: Israel National Cyber Bureau Case Study, 16 N.C. J.L. & Tech. 435 (2015), available at http://ncjolt.org/wp-content/uploads/2015/04/Benoliel_Final.pdf.

When Big Data Meets Big Brother: Why Courts Should Apply United States v. Jones to Protect People’s Data

Volume 16, Issue 2 (Jan 2015)

In an age when people’s lives are constantly tracked, recorded, analyzed, and shared by private parties, the Third-Party Doctrine, which holds that “information knowingly exposed to private parties is unprotected by the Fourth Amendment,” now threatens to swallow whole the privacy guaranteed by the Fourth Amendment. This Article suggests courts adopt the Klayman v. Obama

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Brad Turner, When Big Data Meets Big Brother: Why Courts Should Apply United States v. Jones to Protect People's Data 16 N.C. J.L. & Tech. 377 (2015), available at http://ncjolt.org/wp-content/uploads/2015/01/Turner_Final.pdf

Anonymity as a Legal Right: Where and Why It Matters

Volume 16, Issue 2 (Jan 2015)

This Article examines the legal status of the right to communicate political and social ideas and criticism anonymously online. As an inherently borderless platform for communication, the Internet has generated new methods for sharing information on issues of public importance among citizens who may be thousands of miles apart. Yet governments around the world continue

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Jason A. Martin and Anthony L. Fargo, Anonymity as a Legal Right: Where and Why It Matters 16 N.C. J.L. & Tech. 311 (2015), available at http://ncjolt.org/wp-content/uploads/2015/01/Martin-_-Fargo_Final.pdf

Till Death Do Us Part?!: Online Mediation as an Answer to Divorce Cases Involving Violence

Volume 16 Issue 2 (Jan 2015)

“Till death do us part”—is a phrase that probably represents the wish of most married couples. However, statistically speaking, almost half of all marriages end in divorce. A sizable number of divorces involve the parameter of violence. Behind the figures, there are always human beings, the victims of violence, who endure suffering, fear, and palpable

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Dafni Lavi, Till Death Do Us Part?!: Online Mediation as an Answer to Divorce Cases Involving Violence 16 N.C. J.L. & Tech. 253 (2015), available at http://ncjolt.org/wp-content/uploads/2015/01/Lavi_Final.pdf

The Future of Direct-to-Consumer Genetic Testing: Regulation and Innovation

Volume 16, Online Edition (Jan 2015)

Direct-to-consumer (“DTC”) genetic testing companies face regulation from numerous parties. The Food and Drug Administration has taken the lead role in the regulation of this industry. The Federal Trade Commission must make sure that consumers are not misled by unscrupulous marketing and false advertising. The Centers for Medicare and Medicaid Services under the Clinical Laboratory

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Chelsea Weiermiller, The Future of Direct-to-Consumer Genetic Testing: Regulation and Innovation 16 N.C. J.L. & Tech. On. 137 (2014), available at http://ncjolt.org/wp-content/uploads/2015/01/Weiermiller_Final.pdf

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