Notes
Make It Make Sense: How Congress Can (and Should) Clarify Patent-Eligible Subject Matter
Jun. 9, 2024—Jay Eischen | 26 Vand. J. Ent. & Tech. L. 803 (2024) The eligibility of inventions for patent protection under 35 U.S.C. Section 101 was altered substantially by the Supreme Court’s decisions in Alice v. CLS Bank and Mayo v. Prometheus. These decisions and their progeny have expanded application of the implicit “judicial exceptions” to...
Regulating the Off-Label Use of Artificial Intelligence and Machine Learning-Enabled Medical Devices
Jun. 9, 2024—Rachel Davis | 26 Vand. J. Ent. & Tech. L. 771 (2024) Through machine learning (ML) developments, medical devices are gaining more autonomous functions and taking on more central roles in medical care. Many scholars believe that artificial intelligence (AI) will revolutionize the healthcare industry, but the technology brings several concerns that implicate data privacy,...
Unchecked Checkpoints: Why TSA’s Facial Recognition Plan May Need Congressional Approval
Jun. 9, 2024—Robert Lowell | 26 Vand. J. Ent. & Tech. L. 833 (2024) The Transportation Security Administration (TSA) has begun using facial recognition technology (FRT) to screen passengers at airports. Although travelers can currently opt out, it is not clear that this will continue to be an option as the program expands. This raises significant concerns...
E-Rate Program Expansion: A Pathway to Combating Cybersecurity Attacks in K-12 Schools
Jun. 9, 2024—Madeline Strasser | 26 Vand. J. Ent. & Tech. L. 865 (2024) Every day, a K-12 school in the United States falls victim to a harmful cyberattack that can cost it millions of dollars and keep its doors closed for days or weeks. Schools are desperate for funding to purchase essential cybersecurity services and products...
Golf’s Civil War: The Antitrust Lessons to Learn from the PGA Tour’s Rivalry with LIV Golf
May. 6, 2024—Nic Vandeventer | 26 Vand. J. Ent. & Tech. L. 585 (2024) The regulation of professional sports leagues under the Sherman Act presents a unique and, up to this point, unsolved problem. Increased regulation of the United States’ beloved sports is not something that many US citizens would necessarily welcome. And yet, courts are consistently...
“Feeding” the Cloud: Reducing Carbon Emissions from Social Media and Streaming Services Through Private Information Disclosure
May. 6, 2024—Madison Hoover | 26 Vand. J. Ent. & Tech. L. 549 (2024) Despite their well-known negative aspects, social media and streaming services have become integral for consumers’ daily entertainment and social connection. Although most users have some idea of these services’ harmful mental impacts, they are typically unaware of the carbon emissions that result from...
Solitude Lost? Preserving the Fourth Amendment in the Age of the Metaverse
May. 6, 2024—Kevin Cibak | 26 Vand. J. Ent. & Tech. L. 515 (2024) The Metaverse—a virtual reality platform developed by social media giant Meta Platforms, Inc. (formerly Facebook, Inc.)—promises to fundamentally alter the age-old structure of global society. Specifically, the Metaverse seeks to blend physical, virtual, and augmented realities together through a complex web of digital...
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...
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...