One of the most controversial provisions of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (“USA PATRIOT Act”) allows the government to track the books people check out of the library. The critics of this provision argue that allowing the government to monitor what books people read …
For the past several years, controversy existed in North Carolina as to the standard for determining the admission of expert testimony. The North Carolina Supreme Court recently put this controversy to rest in Howerton v. Arai Helmet, Ltd. In Howerton, the court flatly rejected the gatekeeping test adopted by the United States Supreme Court in …
In June of 2004, the North Carolina Supreme Court decided Howerton v. Arai Helmet, Ltd., which interpreted the standard for admitting expert testimony under Rule 702 of the North Carolina Rules of Evidence. The issue before the court was whether a North Carolina trial court’s gatekeeping responsibility under Rule 702 is the same as that …
This article analyzes the claims angel investors might bring against venture capitalists who took companies through insider rounds with “abusive” terms. Part II introduces the concept of close corporation law, well-established in American jurisprudence, and concludes that venture-backed start-up companies would likely be treated as close corporations in the eyes of the courts. Part III …
The current structure of the Copyright Act has failed to create a fair market system that is an effective vehicle for ensuring the progress of the arts. Federal District Courts have adopted inconsistent approaches to sampling law, precluding a legal consensus on business practices in a national music industry. Digital sound editing and compositional technology …
If Scott Peterson had been stuck in traffic on a congested highway in Los Angeles, driven to a local bank, or taken a transcontinental road trip to West Orange, New Jersey, police in Modesto, California would have known. Indeed, the police department’s surveillance was precise, perpetual, and nearly invisible. It was also electronic. Shortly after …
When drafting a patent application, inventors or their legal representatives must carefully choose the language and terms employed in the claims section. A particular problem arises in a granted patent when a term with multiple definitions creates ambiguity in the interpretation of the claims and the scope of protection provided therein. How should courts determine …
In its decision in Ashcroft v. ACLU, the Supreme Court held that the Attorney General had not convincingly rebutted the contention of plaintiff Internet content providers that filtering software was less restrictive and just as effective as the legislation Mr. Ashcroft sought to defend. The Supreme Court was correct to uphold the preliminary injunction against …
The Sinfonia is part of a new breed of virtual orchestra instruments designed to faithfully recreate the sound of a traditional full-size orchestra from a single computerized console. Thus far, the technology has been used in over thirty productions across the country, including the national tours of Annie and Miss Saigon, as well as the …
Many believe that cyberspace was born out of a world of no regulation. And many believe that the future of dispute resolution lies in the absence of the state. The general view of online dispute resolution (“ODR”) follows from these beliefs: it is a new and promising form of dispute resolution, and it takes place …
