Volume 26
Revisiting Code-as-Law: Regulation and Extended Reality
Jun. 9, 2024—Brittan Heller | 26 Vand. J. Ent. & Tech. L. 655 (2024) In the wake of Judge Frank Easterbrook’s critique of the development of specific laws for cyberspace, Lawrence Lessig’s 1998 proposition of “code-as-law” framed the internet’s regulatory landscape through the interplay of four modalities—law, norms, market, and architecture. Today, at the start of the...
Towards Future-Proof, Rights-Respecting Automated Data Collection: An Examination of European Jurisprudence
Jun. 9, 2024—Olga Kokoulina | 26 Vand. J. Ent. & Tech. L. 707 (2024) The data scraping and data collection that Application Programming Interfaces (APIs) enable are ubiquitous means of automatically and instantaneously gathering large amounts of online data. Anyone can leverage the capabilities of internet infrastructure to engage in data collection, yet the subjects of the...
The Privacy Paradox in Discovery
Jun. 9, 2024—Allyson Haynes Stuart | 26 Vand. J. Ent. & Tech. L. 615 (2024) US citizens enjoy strong protection against criminal searches pursuant to the Fourth Amendment, but they must produce a diary entry from a bedroom drawer or a text message to a romantic partner if it is relevant to a civil case and not...
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...
Ten Thousand AI Systems Typing on Keyboards: Generative AI in Patent Applications and Preemptive Prior Art
May. 7, 2024—John Villasenor | 26 Vand. J. Ent. & Tech. L. 375 (2024) Generative AI makes it possible to create unlimited amounts of text at essentially zero cost. While this technology has many benefits, it can also be used in ways that undermine the goals of the patent system. This Article identifies policy solutions to address...
The Case for Common Property in Musical Objects
May. 6, 2024—Lauren Wilson | 26 Vand. J. Ent. & Tech. L. 413 (2024) Copyright law’s current framework for analyzing the similarity between musical works has invited a host of copyright infringement lawsuits that drag artists into court over small, commonplace segments of music. Plaintiff artists typically accuse defendant artists of copying, or even “stealing,” from them....
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...