This week, the Supreme Court will review a novel matter that could dramatically change the landscape of contemporary art law. The controversy surrounds the applicability of the “transformative use” standard in copyright law, a category of the fair use defense to copyright infringement. If the transformative use standard is overturned by this decision, artists’ freedom of …
The Due Process Clause of the Constitution guarantees the accused the right to a fair trial but does a fair trial mean that an accused should have access to the latest technology to prove their innocence? Specifically does an indigent defendant, one who cannot afford legal representation, have the right to AI facial recognition software? …
On September 15th, California Governor Gavin Newsom signed two bills into law. The bills, which are aimed to protect children’s privacy, are “first-of-their-kind.” However, they come at a time when children’s privacy is beginning to take the forefront in legislature’s minds. For example, at a talk given at the National Advertising Division Conference last week, Alvaro Bedoya, …
Music streaming giant Pandora recently prevailed in a patent lawsuit filed by Bluebonnet Internet Media Services. The lawsuit centered on Pandora’s use of auto-generated music playlists tailored to its listeners’ preferences. On September 7th, a Federal District Court Judge ruled that the patents involved were fundamentally addressed to an abstract idea – and should have never …
The belief that gun manufacturers should be liable for violent acts of their consumers has long been a topic of debate. On one hand, we sympathize with victims of gun violence and want the law to help them recover compensation. However, we also understand that there is something weary about holding a manufacturer liable for …
The role of scientific experts in making public policy has rarely been as controversial as it has been during the COVID-19 pandemic. From the first public health containment strategies to the development and rollout of the vaccines, governmental authorities have claimed to rely on the “science,” citing an array of scientists and physicians, most of …
The Food and Drug Administration (“FDA”) continues to balance two seemingly competing goals: protecting the public from unsafe treatments and increasing the public’s access to treatments. While tensions between the goals of protection and access have ostensibly skyrocketed since the beginning of the COVID-19 global pandemic, these tensions have, in fact, been long-standing since the …
During the COVID-19 pandemic, for the first time, a significant minority of states passed laws limiting or outright prohibiting vaccines mandates. The laws varied greatly in what they covered, the way they addressed the issue, and their intended results. This Article provides a detailed overview of these mandate bans. Consequently, this Article demonstrates that most …
This Article explores the intertwined topics of hesitancy and trust towards vaccines. The Article traces the evolution of antivaccine sentiments, their consolidation into organized movements, and their recent evolution, as vaccine misinformation and disinformation circulate with unprecedented ease through digital channels. The Article then examines selected legal and policy interventions that have been used to …
