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