March 28, 2017
Mobile analytics software companies must walk a fine line between providing useful data to their customers—handset manufacturers and wireless network operators—and protecting the privacy rights of consumers whose data they collect. In late 2011, a relatively unknown Connecticut-based systems administrator named Trevor Eckhart revealed that mobile analytics software developer, Carrier IQ, may have crossed this
Andrew D. Salek-Raham, Recent Development, Carrier IQ, Pre-Transit Keystroke Logging, and the Federal Wiretap Act, 13 N.C. J.L. & Tech. 417 (2012), available at http://ncjolt.org/wp-content/uploads/2016/09/16_13NCJLTech4172011-2012.pdf.
Throw Me a Bone Marrow Transplant: Peripheral Blood Stem Cells and the National Organ Transplant Act
Thousands of people die every year in the United States waiting for a matching bone marrow donor. This is attributed to a shortage of willing donors. One solution that has been suggested is to incentivize donation with compensation. However, since 1984, the National Organ Transplant Act has made it illegal for anyone in the United
Vaughn N. Barnard, Recent Development, Throw Me a Bone Marrow Transplant: Peripheral Blood Stem Cells and the National Organ Transplant Act, 13 N.C. J.L. & Tech. 387 (2012), available at http://ncjolt.org/wp-content/uploads/2016/09/15_13NCJLTech3872011-2012.pdf.
Patents and Public Rights: The Questionable Constitutionality of Patents Before Article I Tribunals After Stern v. Marshall
The Supreme Court’s recent Stern v. Marshall decision both rekindled and revived the oft-overlooked public rights exception. In light of this development, this Article seeks to argue that patents, where subject to final, binding decisions, are unconstitutionally before Article I tribunals. Such tribunals include, for example, the Bankruptcy Court, as well as the newly-created Patent
Michael Rothwell, Patents and Public Rights: The Questionable Constitutionality of Patents Before Article I Tribunals After Stern v. Marshall, 13 N.C. J.L. & Tech. 287 (2012), available at http://ncjolt.org/wp-content/uploads/2016/09/14_13NCJLTech2872011-2012.pdf.
High-Speed Rail in America: An Evaluation of the Regulatory, Real Property, and Environmental Obstacles a Project Will Encounter
In 2009, President Barack Obama allocated $8 billion in stimulus funding for high-speed rail projects across the United States. One year later, in 2010, an additional $2.5 billion was distributed to corridors with High-Speed Rail Projects. Even though the most recent congressional budget eliminated high-speed rail funding, many corridors are working diligently to break ground
Darren A. Prum & Sarah L. Catz, High-Speed Rail in America: An Evaluation of the Regulatory, Real Property, and Environmental Obstacles a Project Will Encounter, 13 N.C. J.L. & Tech. 247 (2012), available at http://ncjolt.org/wp-content/uploads/2016/09/13_13NCJLTech2472011-2012.pdf.
This Article provides a basic understanding of the law of inventorship and a practical approach to handling inventorship review when patenting. Considerations of inventorship under the present case law and under the Leahy-Smith America Invents Act, signed into law on September 16, 2011, are also presented.
Sherry L. Murphy, Determining Patent Inventorship: A Practical Approach, 13 N.C. J.L. & Tech. 215 (2012), available at http://cite.ncjolt.org/13NCJLTech215.
Making Money the Modern Way— Tweeting: How FINRA’s Regulatory Guidance May Help Clear the Way for Social Media Communications
Financial services firms have traditionally been cautious about utilizing emerging communication tools such as social media due to uncertainty regarding the application of existing securities laws to the use of these tools. Recently, regulators have focused their attention on defining the regulations that govern social media. FINRA has taken an active approach to informing financial
Jennifer K. Vuona, Recent Development, Making Money the Modern Way— Tweeting: How FINRA’s Regulatory Guidance May Help Clear the Way for Social Media Communications, 13 N.C. J.L. & Tech. 183 (2011), available at http://ncjolt.org/wp-content/uploads/2016/09/09_13NCJLTech1832011-2012.pdf.
The hydraulic fracturing and horizontal drilling technologies utilized in the extraction of natural gas have proven controversial, particularly in states where the legal infrastructure is unprepared to accommodate the industry. In particular, a newly discovered natural gas reservoir in central North Carolina highlights deficiencies in the state’s laws addressing the serious environmental and public health
Elizabeth Turgeon, Recent Development, “Goin’ to Carolina in My Mind:” Prospects and Perils for Natural Gas Drilling in North Carolina, 13 N.C. J.L. & Tech. 147 (2011), available at http://ncjolt.org/wp-content/uploads/2016/09/08_13NCJLTech1472011-2012.pdf.
Misuse of Misuse: Princo Corp. v. International Trade Commission and the Federal Circuit’s Misguided Patent Misuse Jurisprudence
The equitable doctrine of patent misuse is best known for prohibiting patentees from exploiting the rights and benefits that arise from the grant of a patent. Despite a long history of favorable Supreme Court cases, over the past twenty-five years the U.S. Court of Appeals for the Federal Circuit has substantially narrowed the patent misuse
Saami Zain, Misuse of Misuse: Princo Corp. v. International Trade Commission and the Federal Circuit’s Misguided Patent Misuse Jurisprudence, 13 N.C. J.L. & Tech. 95 (2011), available at http://ncjolt.org/wp-content/uploads/2016/09/07_13NCJLTech952011-2012.pdf.
Obsidian Financial Group, LLC v. Cox and Reformulating Shield Laws to Protects Digital Journalism in an Evolving Media World
Though “journalism” is an amorphous term capable of various meanings, its traditional media are familiar. Yet, if the progression in media from print to radio to broadcast and cable teaches a lesson, it is that dissemination technology is rarely stagnant. As the seemingly endless procession of new media made possible by digital communication continues, the
John J. Dougherty, Recent Development, Obsidian Financial Group, LLC v. Cox and Reformulating Shield Laws to Protects Digital Journalism in an Evolving Media World, 13 N.C. J.L. & Tech. On. 287 (2012), http://cite.ncjolt.org/13NCJOLTOnlineEd287.
The Balance Between Informing Investors and Protecting Companies: a Look at the Division of Corporation Finance’s Recent Guidelines on Cybersecurity Disclosure Requirements
In response to the increasing number of cyberattacks, the U.S. Securities and Exchange Commission’s Division of Corporation Finance recently issued guidance on the disclosure obligations of companies relating to cybersecurity risks and cyber incidents. While the purpose behind the action was well founded, this article argues that the guidelines are inadequate because they fail to
Joel Bronstein, Recent Development, The Balance Between Informing Investors and Protecting Companies: a Look at the Division of Corporation Finance's Recent Guidelines on Cybersecurity Disclosure Requirements, 13 N.C. J.L. & Tech. On. 257 (2012), http://cite.ncjolt.org/13NCJOLTOnlineEd257.
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