JIPEL Vol. 9, No. 1 – Fall 2019
Our Fall 2019 issue, Volume 9, Issue 1, includes an exciting and rich collection of works that spans an unusually broad, yet timely and relevant, variety of topics in the…
Change Or Be Changed: A Proposal for the NCAA to Combat Corruption and Unfairness by Proactively Reforming Its Regulation of Athlete Publicity Rights
This Article addresses the black market for college athlete services that results from the NCAA's restrictions on athlete compensation based on the purported need to preserve amateurism. Specifically, this Article…
Failed Strategy: Using Trade Secret Laws to Assert Ownership of Employees’ Social Media Accounts in the Journalism Industry
It’s the policy of an increasing number of news outlets to retain ownership of the professional social media accounts of their reporters. In the first case of its kind in…
Of Coase and Copyrights: The Law and Economics of Literary Fan Art
This Article explores the law and economics of “literary fan art”—unauthorized derivative works by third parties that are based on someone else’s literary work product. What is the legal status…
Does It Still Take Two to Tango? A Modern Interpretation of the BPCIA’s Patent Dance
Since 1996, the annual spending on drugs per capita in the U.S. has been the highest among all the developed countries. In 2017, the number reached $1220 per person in…
Towards Enhanced Oversight of “Self-Governing” Decentralized Autonomous Organizations: Case Study of The DAO and Its Shortcomings
Blockchain, cryptocurrency, smart contracts—these obscure terms began flooding the news a few years ago and for good reason. These are technologies with the potential to fundamentally change the way in…
Congress should have borrowed from DMCA §512(c) when drafting FOSTA-SESTA
Joe Rabinovitsj is a J.D. candidate, 2021 at NYU School of Law. §512(c) of the Digital Millennium Copyright Act (DMCA) and §230 of the Communications Decency Act (CDA) each provide…
Counterfeit NBA Merchandise: How do we curb the black market?
Zachary Landow is a J.D. candidate, 2021, at NYU School of Law. On September 11, 2019, a routine cargo inspection at Los Angeles International Airport (LAX) led to the discovery…
Obscene Online but Not Under the Law: How Facebook’s Nudity Policies Are Narrowing America’s Obscenity Standards
Lia Higgins is a J.D. Candidate, 2021 at the NYU School of Law In August 2019, the Paris civil court brought an end to a year-long battle between Parisian teacher,…