Kennedy Aikey examines the legal implications of ABCโs abrupt cancellation of a fully filmed season of The Bachelorette following the resurfacing of a domestic violence incident involving its lead, Taylor Frankie Paul. The piece analyzes whether ABC and Disney acted within their contractual rights, focusing on the likely presence and scope of a morality clause and how reputational harm provisions function in an era where social media can rapidly amplify public outrage
Elon Musk’s Twitter Acquisition: Securities Fraud Regulation on Social Media
Stella Brocker analyzes a recent class-action lawsuit against Elon Musk, where a jury found that he committed securities fraud during his 2022 Twitter acquisition. She analyzes whether Muskโs actions legally constituted securities fraud and the broader policy implications of this verdict. Ultimately, she argues that the current securities fraud regulations should be modified to allow for actions brought under a lower standard of culpability to hold rich and powerful actors accountable for negligent behavior on social media.
Is Social Media the Next Big Tobacco? Public Nuisance Litigation and the Limits of Section 230
Kennedy Aikey examines the growing wave of litigation against major social media companies, specifically the recent case holding Meta and YouTube liable, and asks whether social media could become the next Big Tobacco. She explores how plaintiffs use nuisance theories to argue that platforms such as Meta, YouTube, TikTok, and Snap Inc. intentionally designed addictive platforms that harm youth mental health. She also analyzes whether claims that focus on the design of social media platforms, rather than on user-generated content, could allow plaintiffs to bypass the liability shield created by Section 230 of the Communications Decency Act.
AI as a Force Multiplier: The New Era of Serial ADA Litigation
AI is transforming ADA litigation, making it easier than ever for serial filers to generate high volume claims. But as courts confront fabricated citations and AI assisted filings, the systemโs vulnerabilities are becoming increasingly apparent. In her latest article, Mofe Koya explores how AI is reshaping enforcementโand the challenges that come with it.
Steps, Sleep, Safety: Rethinking Privacy for Wearable Health Devices
Katie Bunch examines how wearable healthcare devices collect sensitive health data that often falls outside of HIPAA protections. She explores potential gaps in federal and state privacy laws and argues for stronger consent requirements, expanded HIPAA coverage, and more uniform protections to ensure consumersโ health information is safeguarded as technology continues to advance.
Current Regulations on AI in Employment Decisions
Nathan Steineker explores the potential impact of a recent executive order on state laws regulating AI in employment decisions.
Fabricated Images, Real Harm: The DEFIANCE Act and Federal Civil Remedies for Deepfake Pornography
Kennedy Aikey explores the rapid rise of deepfake pornography and the real harms inflicted by fabricated intimate images in the digital age. She argues that the DEFIANCE Act is a critical federal response, urging Congress to equip survivors with a meaningful civil remedy and stronger tools to hold anonymous perpetrators accountable.
Legislating in the Digital Age: Ohio’s Attempt to Implement Age-Based Restrictions on Access to Social Media Platforms
In this article, Stella Brocker explores a currently blocked Ohio law that would impose age-based restrictions on social media usage, causing such use by minors to be subject to parental consent. She analyzes the constitutional issues implicated by such legislation and considers alternative regulatory strategies for lawmakers that may be better suited to address the harms associated with youth social media use and access.
Lights, Camera, Consolidation: Antitrust Implications of the Netflix and Warner Bros. Acquisition
In this Article, Josh Smith examines the proposed Netflix and Warner Brothers Discovery acquisition through the lens of modern antitrust law. This Article will examine key concepts such as market definition, concentration, and competitive harms while exploring the challenges modern antitrust law may face in the rapidly evolving digital entertainment industry.
Rewarding Creativity or Condoning Copyright?
Leah Luckett discusses current AI copyright cases that have been decided or are ongoing. She discusses how the fair use doctrine has shaped copyright law and now is shaping artificial intelligence development. Eventually she concludes authors may not be receiving the protection they deserve.
