May 12, 2017
Volume 18, Online Edition
After MCM, A Second Look: Article I Invalidation of Issued Patents for Intellectual Property Still Likely Unconstitutional After Stern v. Marshall
Michael Rothwell previously published an article, Patents and Public Rights: The Questionable Constitutionality of Patents Before Article I Tribunals After Stern v. Marshall, in JOLT’s Volume 13, back in 2012. In response to a rebuttal piece, Michael Rothwell wrote this current piece to further discuss the relevant issues of the constitutionality of Article I post-grant
Michael I. Rothwell, After MCM, A Second Look: Article I Invalidation of Issued Patents for Intellectual Property Still Likely Unconstitutional After Stern v. Marshall, 18 N.C.J.L. & Tech. On. 1 (2017), http://ncjolt.org/wp-content/uploads/2017/05/Rothwell_Final2-copy.pdf.
The financial technology field is a rapidly growing sector that threatens to disrupt established financial institutions and their accompanying regulatory structure. New types of financial services and products do not fit neatly into the current regulatory landscape, which has hampered growth and competition with traditional financial institutions. This article advances the idea that the Office
J. Parker Murphy, More Sense than Money: National Charter Option for FinTech Firms is the Right Choice, 18 N.C.J.L. & Tech. On. 359 (2017), http://ncjolt.org/wp-content/uploads/2017/04/Murphy_Final-copy.pdf.
Evidentiary Standards for Drug Approvals in the 21st Century Cures Act: A Continued Trend Towards Valuing Access over Safety for Pharmaceutical Drugs
The Food and Drug Administration (“FDA”), tasked with promoting and protecting public health, has long been recognized as the gatekeeper for drugs. However, the agency has not been immune from criticism from patients and industry stakeholders over its time-consuming and clinical data-driven approval processes, alleged to hinder potentially effective drugs from reaching the market as
Farrah R. Raja, Evidentiary Standards for Drug Approvals in the 21st Century Cures Act: A Continued Trend Towards Valuing Access over Safety for Pharmaceutical Drugs, 18 N.C.J.L. & Tech. On. 409 (2017), http://ncjolt.org/wp-content/uploads/2017/04/Raja_Final-copy.pdf.
Tracking Criminals with Internet Protocol Addresses: Is Law Enforcement Correctly Identifying Perpetrators?
Technology’s ever-changing pace has left law enforcement officials with the job of finding legal ways to investigate and search suspected criminal activity. The advent of the Internet has left these officials with a challenging landscape to navigate regarding what is considered a search and what constitutes probable cause to obtain a search warrant based on
Erin Larson, Tracking Criminals with Internet Protocol Addresses: Is Law Enforcement Correctly Identifying Perpetrators?, 18 N.C.J.L. & Tech. On. 316 (2017), http://ncjolt.org/wp-content/uploads/2017/04/Larson_Final-copy.pdf.
The Importance of The Design Patent to Modern Day Technology: The Supreme Court’s Decision to Narrow The Damages Clause in Samsung v. Apple
With the rapid growth of technological innovations in today’s society, manufacturers are in constant competition with one another to produce the best looking and most distinct products on the consumer market. To prevent an inventor’s new and unique design from replication, Congress established the design patent to protect the appearance of any new, original, and
Sarah Burnick, The Importance of The Design Patent to Modern Day Technology: The Supreme Court’s Decision to Narrow The Damages Clause in Samsung v. Apple, 18 N.C.J.L. & Tech. On. 283 (2017), http://ncjolt.org/wp-content/uploads/2017/04/Burnick_Final2-copy.pdf.
On July 21, 2015, in light of emerging technology involving autonomous driving vehicles, the United States Senate proposed Senate Bill 1806, or the Security and Privacy in Your Car Act, to address issues surrounding these technologies. The “SPY Car Act” attempts to address issues surrounding cybersecurity, data privacy, and hacking of autonomous driving vehicles. The
Benjamin L. Bollinger, The Security and Privacy In Your Car Act: Will It Actually Protect You?, 18 N.C.J.L. & Tech. On. 214 (2017), http://ncjolt.org/wp-content/uploads/2017/04/Bollinger_Final-copy.pdf.
For nearly the past decade, Bitcoin has found itself in a state of non-regulation, ambiguous regulation, and conflicting regulation, with several interested agencies vying for effective regulation of an often misunderstood technology. Early run-ins with large-scale criminal enterprises in large part created the multi-directional regulatory attention Bitcoin “enjoys” today. Even while many businesses and individuals
Christopher Burks, Bitcoin: Breaking Bad or Breaking Barriers?, 18 N.C.J.L. & Tech. On. 244 (2017), http://ncjolt.org/wp-content/uploads/2017/04/Burks_Final-copy.pdf.
For years the world of software programming has been operating under the assumption that both the declaration code and the structure, sequence, and organization (SSO) of Java application program interfaces (APIs) were not copyrightable and were therefore free for all to use. However, when Oracle sued Google in 2014 for Google’s use of Java APIs
Tyler J. Demasky, Oracle v. Google: Setting a Standard or Handicapping an Industry?, 18 N.C.J.L. & Tech. On. 1 (2016), http://ncjolt.org/wp-content/uploads/2016/12/Demasky_Final.pdf.
Is This Going to Be on the Test? Reconciling the Four-Way Circuit Split over Handling Nominative Fair Use
Nominative fair use quietly allows the media to name sports teams, musical groups, and other trademarked sources in their reports, for the most part, without liability for infringement. Consumers rely on nominative fair use to make efficient purchasing decisions. It allows consumers to research and find third-party reviews directly naming and comparing brands. Without nominative
Christian Ferlan, Is This Going to Be on the Test? Reconciling the Four-Way Circuit Split over Handling Nominative Fair Use, 18 N.C.J.L. & Tech. On. 33 (2016), http://ncjolt.org/wp-content/uploads/2016/12/Ferlan_Final-.pdf.
Algorithmic Injustice: How the Wisconsin Supreme Court Failed to Protect Due Process Rights in State v. Loomis
Risk assessment algorithms are equations designed to take large amounts of information about an offender’s past criminal experience, as well as other biographical and psychological information, and use it to compute a score that ranks an offender at various risk levels. Depending on which body within the system is utilizing it, the score is then
Katherine Freeman, Algorithmic Injustice: How the Wisconsin Supreme Court Failed to Protect Due Process Rights in State v. Loomis, 18 N.C.J.L. & Tech. On. 75 (2016), http://ncjolt.org/wp-content/uploads/2016/12/Freeman_Final.pdf.
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