Articles

The Not So Broad-Band: Public Policy Argument About Broadband Legislation in North Carolina and Tennessee and the Potential National Impact

Volume 16, Online Edition (Jan 2015)

Broadband Internet service has become a necessity in the rapidly developing world we live in today. However, not all services are created equal, and municipal-run broadband providers in North Carolina and Tennessee feel that state legislatures are only furthering this disparity by assisting other providers. With the help of the Federal Communications Commission (“FCC”), municipal-run

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Shayaan Raja, The Not So Broad-Band: Public Policy Argument About Broadband Legislation in North Carolina and Tennessee and the Potential National Impact 16 N.C. J.L. & Tech. On. 106 (2014), available at http://ncjolt.org/wp-content/uploads/2015/01/Raja_Final.pdf

A Bit-ter Divorce: Using Bitcoin to Hide Marital Assets

Volume 16, Online Edition (Jan 2015)

Equitable distribution is the process of dividing marital property fairly upon divorce. The confusion surrounding the categorization of Bitcoin, a type of virtual currency that can be obtained and transferred anonymously, frustrates courts’ ability to properly value divorcing parties’ assets and determine a fair distribution of marital property. This Recent Development argues that North Carolina

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Caline Hou, A Bit-ter Divorce: Using Bitcoin to Hide Marital Assets 16 N.C. J.L. & Tech. On. 74 (2014), available at http://ncjolt.org/wp-content/uploads/2015/01/Hou_Final.pdf

A Right to Know About GMOs: What American Meat Institute v. USDA Means for Vermont’s Food Labeling Law

Volume 16, Online Edition (Jan 2015)

Food labeling is a common sense part of everyday life in America, but just how much and what labeling is acceptable under the First Amendment’s compelled speech protections is a more controversial topic. In May of 2014, Vermont adopted a new law to label foods produced using genetically modified organisms (GMOs). Several manufacturers feel GMO

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Charlotte Davis, A Right to Know About GMOs: What American Meat Institute v. USDA Means for Vermont's Food Labeling Law 16 N.C. J.L. & Tech. On. 32 (2014), available at http://ncjolt.org/wp-content/uploads/2015/01/Davis_Final.pdf

ABC v. Aereo: How the Supreme Court’s Flawed Rationale Will Implicate Problems in New Technologies

Volume 16, Online Edition (Jan 2015)

The Copyright Act promotes the creation and progress of arts by protecting original works, such as by guaranteeing copyright holders the exclusive right to publicly perform their works. In an age of rapid technological development, courts have often struggled with how to best interpret and apply this public performance right to providers who stream broadcast

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Collette Corser, ABC V. Aereo: How the Supreme Court's Flawed Rationale Will Implicate Problems in New Technologies 16 N.C. J.L. & Tech. On. 1 (2014), available at http://ncjolt.org/wp-content/uploads/2015/01/Corser_Final.pdf

Evidence of Lies and Rules of Evidence: The Admissibility of fMRI-Based Expert Opinion of Witness Truthfulness

Volume 16, Issue 1 (Oct 2014)

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

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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.

The Trans-Pacific Partnership: Experimental Use of Patents on the International Agenda

Volume 16, Issue 1 (Oct 2014)

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

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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

Dynamic Federalism and Wind Farm Siting

Volume 16, Issue 1 (Oct 2014)

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

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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

Volume 15, Issue 4 (Jun 2014)

Keynote address at the 2014 North Carolina Journal of Law and Technology symposium.

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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

The “Progress Clause”: An Empirical Analysis Based on the Constitutional Foundation of Patent Law

Volume 15, Issue 4 (Jun 2014)

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

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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 After Myriad: The Proprietary Data Dilemma

Volume 15, Issue 4 (Jun 2014)

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,

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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

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