Articles
Breaking Cultural and Financial Barriers in Olympic Sports
Jan. 18, 2024—Maureen A. Weston | 26 Vand. J. Ent. & Tech. L. 347 (2024) Nelson Mandela has said that “[s]port has the power to change the world. It has the power to inspire. It has the power to unite people in a way that little else does . . . . It is more powerful than...
Tackling Bias in Sport: Recognizing the Impact of Identities
Jan. 18, 2024—Meg Hancock | 26 Vand. J. Ent. & Tech. L. 329 (2024) Studies suggest participation in organized sports—from childhood to adulthood—promotes positive physical, social, emotional, and intellectual benefits that impact individuals and their communities over a lifetime. Sports participation in early childhood and adolescence also leads to higher self-esteem, greater wage-earning potential, lower health costs,...
Forget About FERPA: How FOIA Protects Student-Athlete Privacy in the NIL Era
Jan. 18, 2024—Kamron Cox | 26 Vand. J. Ent. & Tech. L. 297 (2024) The start of the name, image, and likeness (NIL) era stirred public fervor about the new earning potential of high-profile student-athletes. Since institutional policies and state laws governing NIL require student-athletes to broadly disclose information about their NIL activities to their respective institutions,...
Beyond NIL
Jan. 18, 2024—William W. Berry III | 26 Vand. J. Ent. & Tech. L. 275 (2024) The name, image, and likeness (NIL) changes and shifting landscape obscure more existential threats to the student-athlete model on the horizon. The television money that Power Five conference teams receive still comprises much of the budget of athletic departments. The football...
Regulation Priorities for Artificial Intelligence Foundation Models
Nov. 28, 2023—Matthew R. Gaske | 26 Vand. J. Ent. & Tech. L. 1 (2023) This Article responds to the call in technology law literature for high-level frameworks to guide regulation of the development and use of Artificial Intelligence (AI) technologies. Accordingly, it adapts a generalized form of the fintech Innovation Trilemma framework to argue that a...
©ancelling Dr. Seuss
Nov. 28, 2023—Cathay Y. N. Smith | 26 Vand. J. Ent. & Tech. L. 73 (2023) Dr. Seuss Enterprises announced in March 2021 that it would no longer license or publish six of its children’s books because those books portrayed people in racist or culturally stereotypical ways. Since then, the public has learned through news reports and...
Copyright’s Lost Art of Substantial Similarity
Nov. 27, 2023—Sandra M. Aistars | 26 Vand. J. Ent. & Tech. L. 109 (2023) Three copyright doctrines focus more than any others on the contributions of authors to visual artworks: originality, substantial similarity, and fair use. Questions regarding the aesthetics of works of authorship filter into judicial determinations under each of these doctrines. This Article comments...
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....