Author
Chaos or Continuity? The Legal Profession: From Antiquity to the Digital Age, the Pandemic, and Beyond
Apr. 9, 2021—Jan L. Jacobowitz | 23 Vand. J. Ent. & Tech. L. 279 (2021) The idea of individuals entering into a social contract to relinquish some of their rights in order to have a civilized society protect their fundamental rights originates at least as early as ancient Greece, where it was espoused by the philosopher Epicurus....
The Evolving Technology-Augmented Courtroom Before, During, and After the Pandemic
Apr. 9, 2021—Fredric I. Lederer | 23 Vand. J. Ent. & Tech. L. 301 (2021) Even before the COVID-19 Pandemic, technology was changing the nature of America’s courtrooms. Access to case management and e-filing data and documents coupled with electronic display of information and evidence at trial, remote appearances, electronic court records, and assistive technology for those...
Fair Play: Notes on the Algorithmic Soccer Referee
Apr. 9, 2021—Michael J. Madison | 23 Vand. J. Ent. & Tech. L. 341 (2021) The soccer referee stands in for a judge. Soccer’s Video Assistant Referee (VAR) system stands in for algorithms that augment human deciders. Fair play stands in for justice. They are combined and set in a polycentric system of governance, with implications for...
The Threat of Deepfakes in Litigation: Raising the Authentication Bar to Combat Falsehood
Apr. 9, 2021—Agnieszka McPeak | 23 Vand. J. Ent. & Tech. L. 433 (2021) Deepfakes are all over the internet—from shape-shifting comedians and incoherent politicians to disturbingly realistic fake pornography. Emerging technology makes it easier than ever to create a convincing deepfake. What used to take significant time and money to develop is now widely available, often...
Watching Androids Dream of Electric Sheep: Immersive Technology, Biometric Psychography, and the Law
Apr. 9, 2021—Brittan Heller | 23 Vand. J. Ent. & Tech. L. 1 (2021) Virtual reality and augmented reality present exceedingly complex privacy issues because of the enhanced user experience and reality-based models. Unlike the issues presented by traditional gaming and social media, immersive technology poses inherent risks, which our legal understanding of biometrics and online harassment...
A Litigator’s Guide to the Galaxy: A Look at the Pragmatic Questions for Adjudicating Future Outer Space Disputes
Apr. 9, 2021—Michael J. Listner & Joshua T. Smith | 23 Vand. J. Ent. & Tech. L. 53 (2021) Since the beginnings of the space age, outer space activities have been the realm of government with ancillary involvement by non-governmental actors. The international legal framework for outer space contemplated the involvement of non-governmental actors, but in creating...
Algorithmic Opacity, Private Accountability, and Corporate Social Disclosure in the Age of Artificial Intelligence
Apr. 9, 2021—Sylvia Lu | 23 Vand. J. Ent. & Tech. L. 99 (2021) Today, firms develop machine-learning algorithms to control human decisions in nearly every industry, creating a structural tension between commercial opacity and democratic transparency. In many of their commercial applications, advanced algorithms are technically complicated and privately owned, which allows them to hide from...
Murphy’s Law: How to Avoid Going Wrong with Federal Regulation of Sports Gambling
Apr. 9, 2021—Savannah Malnar | 23 Vand. J. Ent. & Tech. L. 161 (2021) Sports betting plays a major role in how fans and spectators enjoy sports. Fans place bets in their living rooms, engage in online fantasy sports, and travel to Nevada for massive Super Bowl parties just for the thrill of wagering on the “big...
Grown from the Shadows: How Technology and Taxes Can Bring Private Companies into the Public Light
Apr. 9, 2021—Alon Sugarman | 23 Vand. J. Ent. & Tech. L. 189 (2021) The initial public offering (IPO) has started to make a comeback, but in forms that require less oversight and at a later point in a company’s lifecycle. These new trends cut main street investors out of early-stage corporate growth and have imperiled the...
The Regulation of Commercial Speech: Can Alternative Meat Companies Have Their Beef and Speak It Too?
Apr. 9, 2021—Eryn Terry | 23 Vand. J. Ent. & Tech. L. 223 (2021) Would you eat a hamburger that was made in a petri dish? Consumers may have this option soon as laboratory-grown meat begins to hit supermarket shelves. Laboratory-grown meat is made from animal stem cells that eventually transform into primitive fibers and tissue within...