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.
Going Up in Smoke: The Future of Hemp-Derived THC
Josh Smith explores Congressโs latest move to restrict intoxicating hemp products through its latest spending bill following the government shutdown, focusing on what the new federal limits mean for states, regulators, and the future of the hemp 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.
Case v. Montana: Possible Implications for Privacy Rights and the Emergency Aid Doctrine
Molly McInnis examines Case v. Montana, a pending Supreme Court case that addresses whether officers must have probable cause to enter a home under the Emergecy Aid Doctrine. She discusses the real-word implications the Courtโs forthcoming decision could have on Fourth Amendment privacy protections and the scope of officersโ community-caretaking responsibilities. Ultimately, she argues that the decision will reveal how far the current Court is willing to extend police authority into the home.
From Science to Politics: How Staffing Cuts, Deregulation, and the Rise of Political Influence Weakened the Structural Integrity of the FDA
Devin Scarborough examines the recent structural, regulatory, and political changes in the Food and Drug Administration brought on by the second term of the Trump administration. She argues that the Trump administrationโs modifications have substantially weakened the FDAโs ability to protect the health of the American public by diminishing its ability to conduct sufficient research and implement necessary protections. She further analyzes the rising levels of foodborne illnesses that have coincided with FDA staffing cuts and decreases in food safety oversight, along with the increased risks associated with drug deregulation and political pressures within the agency. Ultimately, she concludes that the FDAโs institutional integrity and its ability to protect public health will continue to erode unless substantial corrective measures are taken.
Addicted by Design: Reassessing Section 230 in the New Era of Social Media Addiction Litigation
Mofe Koya discusses social media addiction litigation, an emerging area in tort law. She examines how courts have narrowed the reach of Section 230 of the Communications Decency Act to hold social media platforms accountable for their algorithmic design choices and the negative consequences they have on vulnerable users.
Between Tinker and Fraser: The Impacts of the Sixth Circuit’s Decision in B.A. v. Tri County Area Schools
Faith Howard examines the Sixth Circuitโs recent decision in D.A. v. Tri County Area Schools.ย Ultimately, arguing that the Supreme Court should take the decision up for review to help certify for lower federal courts the extent to which the Fraser standard regarding student speech should apply.
The Cost of Indifference: Will the Seventh Circuit Bridge the Title IX Divide?
Brooke Karsteter analyzes how the recently vacated Seventh Circuit panel opinion in Arana v. Board of Regents of the University of Wisconsin System, which dramatically expanded institutional Title IX liability, positions the full courtโs impending en banc review as a pivotal moment for determining the scope of school obligations to student victims.
Is Luxury Exclusivity Illegal? Hermรจs Birkin Bag and the Alleged Tying Arrangement
Brookelynn Stone examines Cavalleri v. Hermรจs International, a case challenging Hermรจsโ sales practices as an unlawful tying arrangement in violation of the Sherman Act. She analyzes the plaintiffsโ allegations and the district courtโs reasoning for dismissal, and evaluates the potential implications of a Ninth Circuit reversal for antitrust treatment of luxury markets, while also considering what additional facts could have strengthened the plaintiffsโ claims to better support their antitrust theories beyond mere speculation.
