Notes
Privacy Beyond Possession: Solving the Access Conundrum in Digital Dollars
May. 25, 2021—Nerenda N. Atako | 23 Vand. J. Ent. & Tech. L. 821 (2021) The advent of a retail central bank digital currency (CBDC) could reshape the US payments system. A retail CBDC would be a digital representation of the US dollar in the form of an account or token that is widely accessible to the...
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...
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...
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...