Volume 25
Influencing “Kidfluencing”: Protecting Children by Limiting the Right to Profit From “Sharenting”
Jul. 28, 2023—Charlotte Yates | 25 Vand. J. Ent. & Tech. L. 845 (2023). Statistics on children’s digital presences are staggering, with an overwhelming majority of children having unique digital identities by age two. The phenomenon of “sharenting” (parents sharing content of their children on social media) can start as early as a sonogram photo or a...
Rapt Admissions: Comparing Proposed Federal Rule of Evidence 416 “Rap Shield” with the Rule 412 “Rape Shield”
Jul. 28, 2023—Patience Tyne | 25 Vand. J. Ent. & Tech. L. 813 (2023). Creative expression depicting illicit activity can cause jurors to infer improper conclusions about a defendant, even when the jurors attempt to analyze such evidence objectively. When the government seeks to admit a defendant’s creative work into evidence in a criminal trial, courts use...
The Rise and Fall of the Horseracing Integrity and Safety Act: How Congress Could Save the “Sport of Kings”
Jul. 28, 2023—Lucy McAfee | 25 Vand. J. Ent. & Tech. L. 783 (2023). The Horseracing Integrity and Safety Act (HISA) has undergone several unsuccessful changes over the past decade in an effort to change how horseracing is regulated. After Congress successfully passed HISA in 2020, several lawsuits were filed to stop HISA from going into effect....
An Epidemic in Enforceability: A Growing Need for Individual Autonomy in Health Care Data-Privacy Protection in an Era of Digital Tracking
Jul. 28, 2023—Madeline Knight | 25 Vand. J. Ent. & Tech. L. 749 (2023). The health care system in the United States is under conflicting pressures. From one angle, there is a demand for the highest standard of care, which includes efficient, confidential communications between doctors and patients. From another, however, the technology that has facilitated such...
Competition Upstream of Amazon
Jul. 28, 2023—Martin Edwards | 25 Vand. J. Ent. & Tech. L. 691 (2023). The rise of large, market-concentrating technology firms like Amazon, Inc. is driving commentators, regulators, and politicians to rethink the law of antitrust. In particular, “New Antitrust” reformers propose that the narrow focus on consumer welfare has caused antitrust law to stop too short...
The Case for Establishing a Collective Perspective to Address the Harms of Platform Personalization
Jul. 28, 2023—Ayelet Gordon-Tapiero, Alexandra Wood, & Katrina Ligett | 25 Vand. J. Ent. & Tech. L. 635 (2023). Personalization on digital platforms drives a broad range of harms, including misinformation, manipulation, social polarization, subversion of autonomy, and discrimination. In recent years, policy makers, civil society advocates, and researchers have proposed a wide range of interventions to...
Reinterpreting Repeat Infringement in the Digital Millennium Copyright Act
Jun. 28, 2023—Hunter McGhee | 25 Vand. J. Ent. & Tech. L. 483 (2023). In 1998, Congress passed the Digital Millennium Copyright Act, which aimed to balance the growth of the internet with the enforcement interests of copyright holders. In exchange for immunity from third-party infringement, the DMCA imposes certain conditions on internet and online service providers....
Why Punish Pharma for Making Medicine? Preserving Patent Protections and Cutting Consumer Costs
Jun. 28, 2023—Alex Wharton | 25 Vand. J. Ent. & Tech. L. 603 (2023). The push to lower pharmaceutical drug prices has taken a stronger foothold in legislative and executive actions in recent years. With average prices rising continuously over the past decade, many consumers struggle to pay for the medications they need—insulin being the most often...
Taking Tennessee Electric with a Private Vehicle Charging Market: An EV Infrastructure Policy for Conservative States
Jun. 28, 2023—Claire Bonvillain | 25 Vand. J. Ent. & Tech. L. 569 (2023). The transition from petroleum to electricity as a fuel source for vehicles is an essential step in the effort to stop harmful climate change. The transportation sector currently produces more carbon emissions in the United States than any other area. Recognizing this, the...
The Hidden Costs Behind Cheap Clothing: Addressing Fast Fashion’s Environmental and Humanitarian Impact
Jun. 28, 2023—Alexandra Bernard | 25 Vand. J. Ent. & Tech. L. 541 (2023). The increasing speed at which social media trends come and go has caused fashion trends to accelerate in response to consumers’ ever-changing demands. To keep up with the latest fads, fast fashion companies design their clothing only to withstand a couple of uses...