Author
The Private Health Information You Share with Mental Health Apps is Not So Private
Jan. 16, 2024—By Phoebe Hebson According to the U.S. Department of Health and Human Services, large breaches of health care data exposed the medical information of over eighty-eight million individuals in the first ten months of 2023 alone.[1] Health data can be lucrative for hackers–TechCrunch in December reported on a hacker offering to sell 300 terabytes of...
(Un)fair Use?: Understanding the New York Times’s Lawsuit Against Microsoft and OpenAI
Jan. 8, 2024—By Jay Eischen The nascent generative artificial intelligence (AI) industry—OpenAI in particular—has dominated headlines for more than a year. Boardroom drama, hopes of explosive productivity growth, and cautionary tales of existential risks have intermittently gripped the public consciousness.[1] Most recently, however, the legality of OpenAI’s use of copyrighted materials in training their AI models has...
From Art to Evidence: The Admissibility of Rap Lyrics in Criminal Trials
Dec. 13, 2023—By Sophie Zelony Jeffery Lamar Williams, more famously known as Grammy-award winning, Billboard-chart-topping, Atlanta-born rapper, “Young Thug,” is back in the spotlight, and his rap music has taken center-stage in Fulton County Superior Court as he faces criminal charges for conspiring to violate Georgia’s Racketeer Influenced and Corrupt Organizations (“RICO”) Act, alongside 27 other defendants....
Navigating the Tension Between Preservation and Development Pressure: Cities’ Imperative to Save Independent Music Landmarks While Simultaneously Providing for Growth
Nov. 28, 2023—Mary-Michael Robertson | 26 Vand. J. Ent. & Tech. L. 211 (2023) While cities can use their power to enact zoning ordinances and create historic preservation districts, these preservation ordinances vary widely across the United States, from allowing almost any type of development to strictly limiting any new development that does not match existing height,...
The End of an Era: The Uncertain Future of Section 230 Immunity for Social Media Platforms
Nov. 28, 2023—Lillian H. Rucker | 26 Vand. J. Ent. & Tech. L. 241 (2023) Major social media platforms (SMPs), such as Facebook, Instagram, and TikTok, have become the primary means of communication for billions of people worldwide. They are the largest modern news distributors and the primary curators of online public discourse. However, the expanding influence...
Regulation Priorities for Artificial Intelligence Foundation Models
Nov. 28, 2023—Matthew R. Gaske | 26 Vand. J. Ent. & Tech. L. 1 (2023) This Article responds to the call in technology law literature for high-level frameworks to guide regulation of the development and use of Artificial Intelligence (AI) technologies. Accordingly, it adapts a generalized form of the fintech Innovation Trilemma framework to argue that a...
©ancelling Dr. Seuss
Nov. 28, 2023—Cathay Y. N. Smith | 26 Vand. J. Ent. & Tech. L. 73 (2023) Dr. Seuss Enterprises announced in March 2021 that it would no longer license or publish six of its children’s books because those books portrayed people in racist or culturally stereotypical ways. Since then, the public has learned through news reports and...
Breaking the Fourth’s Wall: The Implications of Remote Education for Students’ Fourth Amendment Rights
Nov. 27, 2023—Sallie Hatfield | 26 Vand. J. Ent. & Tech. L. 179 (2023) As the COVID-19 pandemic forced both public K-12 and higher education institutions to transition to exclusively provide remote education, students’ homes and personal lives were exposed to the government like never before. Zoom classes and remote proctoring were suddenly the norm. Students and...
Copyright’s Lost Art of Substantial Similarity
Nov. 27, 2023—Sandra M. Aistars | 26 Vand. J. Ent. & Tech. L. 109 (2023) Three copyright doctrines focus more than any others on the contributions of authors to visual artworks: originality, substantial similarity, and fair use. Questions regarding the aesthetics of works of authorship filter into judicial determinations under each of these doctrines. This Article comments...
Name, Image, and Likeness: How the NIL Has Rapidly Encroached Upon High School Sports
Nov. 22, 2023—In this new post by Matthew Lybeck ('25), read about how recent changes to the National Collegiate Athletic Association's name, image, and likeliness profitability rules have allowed opportunities to quickly spread from college athletics to high school athletics in many states, and the impact new rules and laws may have on high school athletics.