September 10, 2019
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
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.
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
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
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,
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.
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
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.
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
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
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
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.
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
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.
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
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.
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
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.
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,
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.
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