Author
The Rise and Fall of the Horseracing Integrity and Safety Act: How Congress Could Save the “Sport of Kings”
Jul. 28, 2023—Lucy McAfee | 25 Vand. J. Ent. & Tech. L. 783 (2023). The Horseracing Integrity and Safety Act (HISA) has undergone several unsuccessful changes over the past decade in an effort to change how horseracing is regulated. After Congress successfully passed HISA in 2020, several lawsuits were filed to stop HISA from going into effect....
An Epidemic in Enforceability: A Growing Need for Individual Autonomy in Health Care Data-Privacy Protection in an Era of Digital Tracking
Jul. 28, 2023—Madeline Knight | 25 Vand. J. Ent. & Tech. L. 749 (2023). The health care system in the United States is under conflicting pressures. From one angle, there is a demand for the highest standard of care, which includes efficient, confidential communications between doctors and patients. From another, however, the technology that has facilitated such...
Competition Upstream of Amazon
Jul. 28, 2023—Martin Edwards | 25 Vand. J. Ent. & Tech. L. 691 (2023). The rise of large, market-concentrating technology firms like Amazon, Inc. is driving commentators, regulators, and politicians to rethink the law of antitrust. In particular, “New Antitrust” reformers propose that the narrow focus on consumer welfare has caused antitrust law to stop too short...
The Case for Establishing a Collective Perspective to Address the Harms of Platform Personalization
Jul. 28, 2023—Ayelet Gordon-Tapiero, Alexandra Wood, & Katrina Ligett | 25 Vand. J. Ent. & Tech. L. 635 (2023). Personalization on digital platforms drives a broad range of harms, including misinformation, manipulation, social polarization, subversion of autonomy, and discrimination. In recent years, policy makers, civil society advocates, and researchers have proposed a wide range of interventions to...
Reinterpreting Repeat Infringement in the Digital Millennium Copyright Act
Jun. 28, 2023—Hunter McGhee | 25 Vand. J. Ent. & Tech. L. 483 (2023). In 1998, Congress passed the Digital Millennium Copyright Act, which aimed to balance the growth of the internet with the enforcement interests of copyright holders. In exchange for immunity from third-party infringement, the DMCA imposes certain conditions on internet and online service providers....
Why Punish Pharma for Making Medicine? Preserving Patent Protections and Cutting Consumer Costs
Jun. 28, 2023—Alex Wharton | 25 Vand. J. Ent. & Tech. L. 603 (2023). The push to lower pharmaceutical drug prices has taken a stronger foothold in legislative and executive actions in recent years. With average prices rising continuously over the past decade, many consumers struggle to pay for the medications they need—insulin being the most often...
Taking Tennessee Electric with a Private Vehicle Charging Market: An EV Infrastructure Policy for Conservative States
Jun. 28, 2023—Claire Bonvillain | 25 Vand. J. Ent. & Tech. L. 569 (2023). The transition from petroleum to electricity as a fuel source for vehicles is an essential step in the effort to stop harmful climate change. The transportation sector currently produces more carbon emissions in the United States than any other area. Recognizing this, the...
The Hidden Costs Behind Cheap Clothing: Addressing Fast Fashion’s Environmental and Humanitarian Impact
Jun. 28, 2023—Alexandra Bernard | 25 Vand. J. Ent. & Tech. L. 541 (2023). The increasing speed at which social media trends come and go has caused fashion trends to accelerate in response to consumers’ ever-changing demands. To keep up with the latest fads, fast fashion companies design their clothing only to withstand a couple of uses...
Albrecht Dürer’s Enforcement Actions: A Trademark Origin Story
Jun. 28, 2023—Peter J. Karol | 25 Vand. J. Ent. & Tech. L. 421 (2023). This Article offers a trademark-framed reappraisal of a pair of extraordinary enforcement actions brought by the Northern Renaissance artist Albrecht Dürer (1471–1528) against copyists of his work. These cases have long been debated by art, cultural, and copyright historians insofar as they...
Through the Looking Glass with Alice: The Current Application and Future of Title IX in Athletics
Jun. 28, 2023—Josephine (Jo) R. Potuto | 25 Vand. J. Ent. & Tech. L. 373 (2023). This Article is a snapshot of the past pervasive discriminatory treatment of women in athletics and where women athletes and women’s athletics currently stand. It discusses some of the new challenges for Title IX enforcement—female transgender athletes and treatment of name,...