Law Commons^™

Consolidating Space: A Proposal To Establish A Central Forum For The Settlement Of Space-Related Disputes, Matthew J.P. Horton

Vanderbilt Journal of Entertainment & Technology Law

Over sixty years have passed since the Soviet Union launched Sputnik 1 into Earth's orbit. In that time, humanity's presence in space has flourished as technology advanced and new actors entered the scene. Despite this progress, the regime upon which the world relies to resolve space disputes has hardly changed in the fifty years of its existence. As private enterprise floods into the final frontier, how humanity will resolve the inevitable, extraterrestrial disputes is becoming a pressing concern.

The Outer Space Treaty establishes three fundamental principles of space law: (1) space is sovereignless, (2) space exploration and use must be …

Gmo Corn, Mexico, And Coloniality, Ernesto Hernandez-Lopez

Vanderbilt Journal of Entertainment & Technology Law

Genetically modified ("GMO") corn germinates legal controversies in Mexico. Since 2013, Mexican courts have temporarily suspended GMO corn because it threatens biodiversity. In the Colectividad del Maiz lawsuit, courts have prohibited Mexico from issuing commercial GMO permits while the litigation continues. Companies like Monsanto need these permits to sell GMO seeds. Corn is the most essential food item for millions of Mexicans and is central to Mexican culture. Mexicans wait for Colectividad del Maiz's resolution, siding with biodiversity or GMOs. This Article describes scientific GMO controversies and analyzes biosecurity, class-action, and international environmental law. It argues that this corn fight …

Cybersecurity And The Protection Of Digital Assets: Assessing The Role Of International Investment Law And Arbitration, Julien Chaisse, Cristen Bauer

Vanderbilt Journal of Entertainment & Technology Law

The digital era provides many opportunities, yet it also presents several unique challenges with regard to cybersecurity and the protection of digital assets. Cybercrime has changed the international legal landscape as nations, businesses, and legislators grapple with how to deal with this rapidly evolving, multifaceted problem. As there is no international mechanism for protection of foreign investors in this regard, some scholars are advocating for the use of Bilateral Investment Treaties (BITs) as part of a 'olycentric" approach to cyber peace. With an uptick in digital development and more development on the horizon, it will be important to establish what …

Behind The Steele Curtain: An Empirical Study Of Trademark Conflicts Law, 1952-2016, Tim W. Dornis

Vanderbilt Journal of Entertainment & Technology Law

The law on international trademark disputes is founded on precedent from 1952. Steele v. Bulova Watch Co. is the first and only Supreme Court decision addressing the question of how far the Lanham Act should be extended beyond the United States' national borders when international infringement is at issue. The decision laid the foundation for a three-pronged test that focuses on the factors of defendant nationality, effects on US commerce, and conflicts with foreign law. Although international trademark conflicts have multiplied dramatically--particularly throughout the last decade--there has been no systematic and comprehensive account of the actual state of the law. …

Investor-State Arbitration And Human Rights, Timothy J. Feighery

Vanderbilt Journal of Entertainment & Technology Law

After decades of growth and popularity, the international investor-state dispute settlement (ISDS) regime has come under intense criticism recently-particularly concerning the perceived chilling effect the regime imposes on states' ability to regulate in the public interest. This Article seeks to contextualize this criticism by examining the historical antecedent of ISDS in international law: the law of diplomatic protection. It proceeds to focus on the flexibility of ISDS as a critical advance over diplomatic protection, and shows how ISDS has evolved over time-particularly as developed states have moved from approaching the regime from a predominantly investment-exporting perspective to a more balanced …

Intergalactic Property Law: A New Regime For A New Age, Alison Morris

Vanderbilt Journal of Entertainment & Technology Law

In November 2015, Congress passed the Spurring Private Aerospace Competitiveness and Entrepreneurship Act of 2015 ("the SPACE Act'), which allows private American companies to own any resources they collect from mining in space. This, however, conflicts with current international treaties to which the United States is a party, such as the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space ("the Outer Space Treaty'), which was adopted by the United Nations in 1967. Thus, without some changes, either the SPACE Act will be rendered useless or the United States will be in direct …

The International Copyright Problem And Durable Solutions, Susy Frankel

Vanderbilt Journal of Entertainment & Technology Law

The calls for copyright reform at both the national and international level are growing louder. Many authors, owners, distributors, users, and consumers are dissatisfied with the current regime, but solutions are not easy to find. Existing rules are inadequate to deal with copyright in the digital world and partial solutions are not likely to be durable. The problems of copyright are not confined to one jurisdiction. Just as the creation and dissemination of copyright works are global, copyright's legal problems are an international problem. Existing international rules alone cannot provide the solution to this policy debate, but they do have …

Combating Incitement To Terrorism On The Internet: Comparative Approaches In The United States And United Kingdom And The Need For An International Solution, Elizabeth M. Renieris

Vanderbilt Journal of Entertainment & Technology Law

In recent years, terrorist use of the Internet has been gaining in popularity, with more than several thousand radical or extremist websites in existence today. Because the Internet transcends physical and geographic boundaries, combating terrorist incitement on the Internet requires cross-border global cooperation. Although the international community has taken steps to combat the problem with United Nations Security Council Resolutions 1373 and 1624, the state parties to these resolutions have been unable to close the significant holes in the current international legal framework, and there is little evidence that terrorist use of the Internet for purposes of incitement is being …

Cyber-Libeling The Glitterati: Protecting The First Amendment For Internet Speech, Abbey L. Mansfield

Vanderbilt Journal of Entertainment & Technology Law

Celebrity gossip is disseminated on the Internet not only by profitable publications and Internet tabloids with professional writers and sophisticated legal teams, but also by countless numbers of "blogs" posted by ordinary individuals, often with nothing more than a dial-up connection. Americans posting speech on the Internet must be aware of the implications of the Gutnick decision and recognize that they could be dragged into court and held liable for defamation abroad. This note explores theoretical changes to the law that should be adopted to protect the First Amendment as it applies to Internet speech. Additionally, this note discusses various …

The Privacy Gambit: Toward A Game Theoretic Approach To International Data Protection, Horace E. Anderson Jr.

Vanderbilt Journal of Entertainment & Technology Law

This article briefly explores several scenarios in which economic actors compete and cooperate in order to capture the value in personal information. The focus then shifts to one particular scenario: the ongoing interaction between the United States and the European Union in attempting to construct data protection regimes that serve the philosophies and citizens of each jurisdiction as well as provide a strategic economic advantage. A game theoretic model is presented to explain the course of dealings between the two actors, including both unilateral and bilateral actions. Part I ends with an exploration of opportunities for seizing competitive advantage, and …