Volume 25, Issue 4
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...