Articles
Revisiting Code-as-Law: Regulation and Extended Reality
Jun. 9, 2024—Brittan Heller | 26 Vand. J. Ent. & Tech. L. 655 (2024) In the wake of Judge Frank Easterbrook’s critique of the development of specific laws for cyberspace, Lawrence Lessig’s 1998 proposition of “code-as-law” framed the internet’s regulatory landscape through the interplay of four modalities—law, norms, market, and architecture. Today, at the start of the...
Towards Future-Proof, Rights-Respecting Automated Data Collection: An Examination of European Jurisprudence
Jun. 9, 2024—Olga Kokoulina | 26 Vand. J. Ent. & Tech. L. 707 (2024) The data scraping and data collection that Application Programming Interfaces (APIs) enable are ubiquitous means of automatically and instantaneously gathering large amounts of online data. Anyone can leverage the capabilities of internet infrastructure to engage in data collection, yet the subjects of the...
The Privacy Paradox in Discovery
Jun. 9, 2024—Allyson Haynes Stuart | 26 Vand. J. Ent. & Tech. L. 615 (2024) US citizens enjoy strong protection against criminal searches pursuant to the Fourth Amendment, but they must produce a diary entry from a bedroom drawer or a text message to a romantic partner if it is relevant to a civil case and not...
Ten Thousand AI Systems Typing on Keyboards: Generative AI in Patent Applications and Preemptive Prior Art
May. 7, 2024—John Villasenor | 26 Vand. J. Ent. & Tech. L. 375 (2024) Generative AI makes it possible to create unlimited amounts of text at essentially zero cost. While this technology has many benefits, it can also be used in ways that undermine the goals of the patent system. This Article identifies policy solutions to address...
The Case for Common Property in Musical Objects
May. 6, 2024—Lauren Wilson | 26 Vand. J. Ent. & Tech. L. 413 (2024) Copyright law’s current framework for analyzing the similarity between musical works has invited a host of copyright infringement lawsuits that drag artists into court over small, commonplace segments of music. Plaintiff artists typically accuse defendant artists of copying, or even “stealing,” from them....
The Role of Secondary Algorithmic Tacit Collusion in Achieving Market Alignment
May. 6, 2024—Ariel Ezrachi & Maurice E. Stucke | 26 Vand. J. Ent. & Tech. L. 461 (2024) Antitrust enforcers now recognize the risks associated with many sellers’ use of a singular hub’s pricing algorithm. But what if many rivals use several different hubs for dynamic pricing? The common assumption is that in such instances, competition among...
Breaking Cultural and Financial Barriers in Olympic Sports
Jan. 18, 2024—Maureen A. Weston | 26 Vand. J. Ent. & Tech. L. 347 (2024) Nelson Mandela has said that “[s]port has the power to change the world. It has the power to inspire. It has the power to unite people in a way that little else does . . . . It is more powerful than...
Tackling Bias in Sport: Recognizing the Impact of Identities
Jan. 18, 2024—Meg Hancock | 26 Vand. J. Ent. & Tech. L. 329 (2024) Studies suggest participation in organized sports—from childhood to adulthood—promotes positive physical, social, emotional, and intellectual benefits that impact individuals and their communities over a lifetime. Sports participation in early childhood and adolescence also leads to higher self-esteem, greater wage-earning potential, lower health costs,...
Forget About FERPA: How FOIA Protects Student-Athlete Privacy in the NIL Era
Jan. 18, 2024—Kamron Cox | 26 Vand. J. Ent. & Tech. L. 297 (2024) The start of the name, image, and likeness (NIL) era stirred public fervor about the new earning potential of high-profile student-athletes. Since institutional policies and state laws governing NIL require student-athletes to broadly disclose information about their NIL activities to their respective institutions,...
Beyond NIL
Jan. 18, 2024—William W. Berry III | 26 Vand. J. Ent. & Tech. L. 275 (2024) The name, image, and likeness (NIL) changes and shifting landscape obscure more existential threats to the student-athlete model on the horizon. The television money that Power Five conference teams receive still comprises much of the budget of athletic departments. The football...