Author
Race Cartels: How Constructor Collaboration Is Curbing Innovation in Formula 1
May. 25, 2021—Chandler C. Gerard-Reimer | 23 Vand. J. Ent. & Tech. L. 855 (2021) Formula 1 is in the midst of a copycat scandal: technology has made it possible for teams to reverse engineer clones of competitors’ race cars. This is a less than ideal state of affairs for the championship series, which prides itself on...
Confronting the Biased Algorithm: The Danger of Admitting Facial Recognition Technology Results in the Courtroom
May. 25, 2021—Gabrielle M. Haddad | 23 Vand. J. Ent. & Tech. L. 891 (2021) From unlocking an iPhone to Facebook “tags,” facial recognition technology has become increasingly commonplace in modern society. In the wake of the Black Lives Matter movement and call for police reform in the United States, it is important now more than ever...
When Art Might Constitute a Taking: A Takings Clause Inquiry Under the Visual Artists Rights Act
May. 25, 2021—Thomas A. Shelburne | 23 Vand. J. Ent. & Tech. L. 919 (2021) At first glance, a federal statute protecting the moral rights of artists and their artwork seems like a unanimous victory. But it turns out that government action protecting certain works of art attached to buildings may give rise to a valid takings...
“Computer Says No!”: The Impact of Automation on the Discretionary Power of Public Officers
May. 25, 2021—Doa A. Elyounes | 23 Vand. J. Ent. & Tech. L. 451 (2021) The goal of this Article is to unpack the “human in the loop” requirement in the process of automation. It will analyze the impact of automation on street-level bureaucrats and lay out the steps policy makers need to take into account to...
Adapting Indian Copyright: Bollywood, Indian Cultural Adaptation, and the Path to Economic Development
May. 25, 2021—Michael P. Goodyear | 23 Vand. J. Ent. & Tech. L. 517 (2021) Bollywood and the Indian film industry have enjoyed enormous success, being among the largest movie producers in the world. Yet, despite the bright image of Indian cinema producing over a thousand movies a year and selling billions of tickets, the industry has...
The Right to Feast and Festivals
May. 25, 2021—Juan C. RioFrio | 23 Vand. J. Ent. & Tech. L. 567 (2021) Festive behavior is a basic characteristic of human life, as evidenced from ancient times. Humans need to use ceremony and ritual in specific places and times to mark their triumphs, joys, and sorrows. However, some categories of individuals are harmed because they...
Current Regulatory Challenges in Consumer Credit Scoring Using Alternative Data-Driven Methodologies
May. 25, 2021—Sahiba Chopra | 23 Vand. J. Ent. & Tech. L. 625 (2021) Credit is a crucial determinant of financial success for most US consumers, but not all consumers can access it. This financial exclusion is partially due to traditional credit-risk scoring and approval processes that cannot assess the creditworthiness of “credit invisible” or “thin file”...
Regulating Data Breaches: A Data Superfund Statute
May. 25, 2021—Kyle McKibbin | 23 Vand. J. Ent. & Tech. L. 649 (2021) Collecting and processing large amounts of personal data has become a fundamental feature of the modern economy. Personal data, combined with good data analytics, are valuable to businesses as they can provide highly detailed information about individual preferences and behaviors. This data collection...
Envisioning the FTC as a Facilitator of Blockchain Technology Adoption in the Direct-to-Consumer Genetic Testing Industry
May. 25, 2021—Noah Spector | 23 Vand. J. Ent. & Tech. L. 679 (2021) Seemingly overnight, the kingpins of the direct-to-consumer genetic testing (DTC-GT) industry shifted their focus from exploring their customers’ DNA to commodifying it. Companies like Ancestry or 23andMe that were once exclusively known as mere sources of “infotainment” now regularly sell consenting customers’ genetic...
To Win Friends and Influence People: Regulation and Enforcement of Influencer Marketing After Ten Years of the Endorsement Guides
Apr. 9, 2021—Craig C. Carpenter & Mark Bonin II | 23 Vand. J. Ent. & Tech. L. 253 (2021) For the last ten years, social media influencer marketing has been regulated by the Federal Trade Commission (FTC) under the FTC’s Section 5 “unfair practices” authority, guided by the Endorsement Guides, a “best practices” document published by the...