Volume 23
Labor Organization in Ride-Sharing—Unionization or Cartelization?
May. 25, 2021—Mark Anderson & Max Huffman | 23 Vand. J. Ent. & Tech. L. 715 (2021) The sharing economy brings together the constituent parts of a business enterprise into a structure that, on its surface, resembles a business firm, but in crucial ways is nothing like the traditional firm. This includes the ownership of the primary...
Equal Protection and Ectogenesis
May. 25, 2021—Brit J. Benjamin | 23 Vand. J. Ent. & Tech. L. 779 (2021) Ectogenesis is the gestation of a fetus in an artificial womb. This suite of technologies, now in use to preserve the lives of premature infants, is on the cusp of being a viable method of reproduction from conception to term. This Article...
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...
“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”...