Law Commons^™

La Crypto Nostra: How Organized Crime Thrives In The Era Of Cryptocurrency, Chelsea Pieroni

North Carolina Journal of Law & Technology

The advent of Bitcoin and other forms of cryptocurrency has left a permanent mark on the world as we know it, regardless of what percentage of the populace will ever touch or comprehend cryptocurrency in its lifetime. Thanks to the advent of blockchain technology, cryptocurrency has given rise to expedited international exchanges, increased protection of consumer identity, and secured methods for logging transactions. But cryptocurrency’s nebulous nature makes it inherently vulnerable to a slew of hacks, cyberattacks, and run-of-the-mill theft. Moreover, its indeterminate qualities make cryptocurrency incredibly difficult for federal law to wrangle. But, perhaps most chillingly, the rise of …

Tracking Predators: Microchip Implants, A Constitutional Alternative To Gps Tracking For North Carolina?, Alex Rutgers

North Carolina Journal of Law & Technology

The North Carolina Court of Appeals’ recent decision in State v. Grady held that the State of North Carolina failed to prove the reasonableness of continuing Satellite Based Monitoring (SBM) for the lifetime of a sex offender. It is the State’s burden to prove the necessity, and looking at the totality of the circumstances, the court found two factors significant in determining that lifetime SBM is unreasonable: the physical intrusion of the SBM device, and the continuous GPS monitoring. In light of the court’s holding that SBM affected a Fourth Amendment search (which was unreasonable even for a convicted sex …

Munchee Inc.: A Turning Point For The Cryptocurrency Industry, Matthew J. Higgins

North Carolina Law Review

No abstract provided.

Proposed Rules To Determine The Legal Use Of Autonomous And Semi-Autonomous Platforms In Domestic U.S. Law Enforcement, Michael Sinclair

North Carolina Journal of Law & Technology

We need some rules. “Or there will be . . . trouble.”

Patent Trolls, Nuisance Suits, And The Federal Trade Commission, Matthew Spitzer

North Carolina Journal of Law & Technology

The Federal Trade Commission’s (“FTC’s”) Patent Assertion Entity Activity Report (“The Report”) includes a path-breaking collection of data. The Report was compiled with the object of changing policy, both in Congress and before the courts. Because of the FTC’s ability to force businesses and individuals to provide information, a power that no ordinary researcher possesses, the FTC has amassed a data set that can potentially be of great value. For example, the Report’s description of litigation Patent Assertion Entities’ (“PAEs”) and portfolio PAEs’ structure and behavior is, although not entirely new, very instructive. Unfortunately, the FTC made analytical errors that …

Cybersecurity Of Autonomous Systems In The Transportation Sector: An Examination Of Regulatory And Private Law Approaches With Recommendations For Needed Reforms, Jeanne C. Suchodolski

North Carolina Journal of Law & Technology

The past twenty-five years gave rise to increasing levels of automation within the transportation sector. From initial subsystems, like vessel satellite tracking and automobile chassis control, automation continues apace. The future promises fully autonomous devices such as unmanned aerial systems (“UAS”) and self-driving cars (“UAV”). These autonomous and automatic systems and devices (“AASD”) provide safety, efficiency, and productivity benefits. Yet AASD operate under continual threat of cyber-attack. ¶ Compromised AASD can produce dire consequences in the transportation sector. The possible consequences extend far beyond financial harms to severe bodily injury or even death. Given both the prevalence of cyber threats …

Brief To The National Labor Relations Board By Amicus Curiae Professor Jeffrey M. Hirsch, Jeffrey M. Hirsch

Faculty Publications

In Purple Communications, Inc., 361 N.L.R.B. 1050 (2014), the NLRB set forth a new analysis covering employees’ use of employer-provided email. Under this analysis, which is based on the Supreme Court’s seminal decision in Republic Aviation Corp. v. NLRB, 324 U.S. 793 (1945), the Board presumes that employees who have access to their employer’s email as part of their work duties can use that email for Section 7 purposes during nonwork time. Purple Communications, 361 N.L.R.B. at 1063. The employer can rebut this presumption by showing that special business circumstances justify additional restrictions on employees’ email use. …

North Carolina's Nonprofit Property Tax Exemption Conundrum, Thomas A. Kelley, Christopher B. Mclaughlin

North Carolina Law Review

No abstract provided.

Contents, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Far From A "Dead Letter": The Contract Clause And North Carolina Association Of Educators V. State, Tommy Tobin

North Carolina Law Review

No abstract provided.

Defining North Carolina's Public Records And Open Meetings Fee-Shifting Provisions In The Larger National Context, Elliot Engstrom

North Carolina Law Review

No abstract provided.

Searching For The Right Approach: Regulating Short-Term Rentals In North Carolina, Thomas S. Walker

North Carolina Law Review

No abstract provided.

A Defense Of The Defense: An Analysis Of The North Carolina Attorney General's Legal Ability To Refuse To Defend State Laws, Wesleigh C. Vick

North Carolina Law Review

No abstract provided.

Searching Everywhere For A Section 24(1)(A) Standard: City Of Asheville, Town Of Boone, And The Unclear Future Of Local-State Relations In North Carolina, Jeffrey D. Miles

North Carolina Law Review

No abstract provided.

Tweets To A Young 1l, Rachel I. Gurvich

Faculty Publications

A series of eleven tweets ruminating about the author's law school experience received a positive and enthusiastic response from many lawyers, law professors, and law students, and ultimately caught the eye of one of the Green Bag’s editors. This short piece unpacks and contextualizes those tweets. The original tweets appear below, numbered as they first appeared on Twitter.

Towards A Series Of Academic Norms For #Lawprof Twitter, Carissa Byrne Hessick

Faculty Publications

Tentative thoughts on what professional norms ought to apply to law professors who engage in a now popular form of public discourse: Twitter. Specifically, it is suggested that law professors should assume that, each time they tweet about a legal issue, they are making an implicit claim to expertise about that issue. It is also suggested that when law professors participate on Twitter, they should do so in a fashion that models the sort of reasoned debate taught to law students.

What Should We Do After Work? Automation And Employment Law, Cynthia L. Estlund

AI-DR Collection

Will advances in robotics, artificial intelligence, and machine learning put vast swaths of the labor force out of work or into fierce competition for the jobs that remain? Or, as in the past, will new jobs absorb workers displaced by automation? These hotly debated questions have profound implications for the fortress of rights and benefits that the law of work has constructed on the foundation of the employment relationship. This Article charts a path for reforming the law of work in the face of both justified anxiety and uncertainty about the future impact of automation on jobs.

Automation is driven …

Body Cameras And The Path To Redeem Privacy Law, Woodrow Hartzog

North Carolina Law Review

No abstract provided.

Contents, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Police-Generated Digital Video: Five Key Questions, Multiple Audiences, And A Range Of Answers, Richard E. Myers Ii

North Carolina Law Review

No abstract provided.

Bulk Biometric Metadata Collection, Margaret Hu

North Carolina Law Review

No abstract provided.

Privacy And Cybersecurity Lessons At The Intersection Of The Internet Of Things And Police Body-Worn Cameras, Peter Swire, Jesse Woo

North Carolina Law Review

No abstract provided.

Officer Discretion And The Choice To Record: Officer Attitudes Towards Body-Worn Camera Activation, Bryce Clayton Newell, Ruben Greidanus

North Carolina Law Review

No abstract provided.

Democratizing Proof: Pooling Public And Police Body-Camera Videos, Mary D. Fan

North Carolina Law Review

No abstract provided.

Police Misconduct, Video Recording, And Procedural Barriers To Rights Enforcement, Howard M. Wasserman

North Carolina Law Review

No abstract provided.

Police Body-Worn Cameras, Seth W. Stoughton

North Carolina Law Review

No abstract provided.

The Intersection Of Law, Policy, And Police Body-Worn Cameras: An Exploration Of Critical Issues, Michael D. White, Henry F. Fradella

North Carolina Law Review

No abstract provided.

Academic Freedom In The Guarded Institution, Douglas B. Mckechnie, Eric Merriam

First Amendment Law Review

No abstract provided.

Litigating Free Speech Issues In The Trenches, Robert M. O'Neil

First Amendment Law Review

No abstract provided.

A Comparative Analysis Of The Academic Freedom Of Public University Professors, Vikram Amar

First Amendment Law Review

No abstract provided.