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Articles 1 - 11 of 11
Full-Text Articles in Law
Navigating The Tension Between Preservation And Development Pressure: Cities’ Imperative To Save Independent Music Landmarks While Simultaneously Providing For Growth, Mary-Michael Robertson
Navigating The Tension Between Preservation And Development Pressure: Cities’ Imperative To Save Independent Music Landmarks While Simultaneously Providing For Growth, Mary-Michael Robertson
Vanderbilt Journal of Entertainment & Technology Law
While cities can use their power to enact zoning ordinances and create historic preservation districts, these preservation ordinances vary widely across the United States, from allowing almost any type of development to strictly limiting any new development that does not match existing height, density, and use patterns. Within this framework, state legislatures have often limited the types of regulatory actions cities may take, as cities are merely political subdivisions of the state. Some states—known as “Dillon’s Rule” states—restrict cities from taking novel legislative approaches to existing policy issues, such as affordable housing, unless those powers are expressly provided to the …
The Law Of The Tetrapods, Henry T. Greely
The Law Of The Tetrapods, Henry T. Greely
Vanderbilt Journal of Entertainment & Technology Law
Should there be such a thing as "Technology Law"? This Article explores that question in two ways. It first looks at four substantive issues that appear across many different areas of technology law: privacy, security, property, and responsibility. It then examines five questions that frequently recur about how to regulate very different new technologies. These questions include which agency should regulate, whether regulation should focus on before or after marketing, what jurisdiction should regulate, how relevant new information will be gained and used, and how-politically-good regulation can be enacted. This Article concludes that it may make sense to develop a …
Please Don't Stop The Music: Using The Takings Clause To Protect Inmates' Digital Music, Amber M. Banks
Please Don't Stop The Music: Using The Takings Clause To Protect Inmates' Digital Music, Amber M. Banks
Vanderbilt Journal of Entertainment & Technology Law
In prisons across the country, inmates are encouraged to participate in digital media programs. One in ten correctional facilities in the US has digital media programs in which inmates purchase both a device-such as an MP3 player or tablet-and content or services for the device-such as digital music-from a third-party vendor. Although fee structures vary, the facility or the state corrections department usually receives a commission on the revenue generated from inmates' purchases, thereby profiting off of each purchase that an inmate makes. As their contracts with third-party vendors end, state correctional departments may change vendors, either in search of …
Intergalactic Property Law: A New Regime For A New Age, Alison Morris
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 …
Augmenting Property Law: Applying The Right To Exclude In The Augmented Reality Universe, Samuel Mallick
Augmenting Property Law: Applying The Right To Exclude In The Augmented Reality Universe, Samuel Mallick
Vanderbilt Journal of Entertainment & Technology Law
This Note considers whether and to what extent the property right to exclude applies to virtual space in the augmented reality (AR) universe. It provides an overview of AR's development and uses, as well as a review of property law concerning the right to exclude. By considering the consequences of previously proposed regulatory schemes in light of four hypothetical AR applications, this Note demonstrates that these solutions do not adequately balance the societal benefit achievable through free development of AR applications with landowners' absolute rights to exclude others from their property. This Note proposes adoption of an adjusted "open-range" common …
Of Fences And Definite Patent Boundaries, Deepa Varadarajan
Of Fences And Definite Patent Boundaries, Deepa Varadarajan
Vanderbilt Journal of Entertainment & Technology Law
Patent claims are supposed to mark the boundaries of a patent clearly so that competitors and follow-on innovators can avoid infringement. But commentators routinely lament the failure of patent claims to adequately perform this notice function. In numerous calls for patent reform, courts and scholars have contrasted the indeterminacy of patent claims with the clarity of real property boundaries. The Supreme Court recently echoed this sentiment in "Nautilus v. Biosig Instruments." In "Nautilus," the Court heightened the patent requirement of claim definiteness and reversed Federal Circuit precedent, which had allowed many ambiguous claims to survive invalidity challenges. This Article analyzes …
Restituting Nazi-Looted Art: Domestic, Legislative, And Binding Intervention To Balance The Interests Of Victims And Museums, Katharine N. Skinner
Restituting Nazi-Looted Art: Domestic, Legislative, And Binding Intervention To Balance The Interests Of Victims And Museums, Katharine N. Skinner
Vanderbilt Journal of Entertainment & Technology Law
The Nazis engaged in widespread art looting from Holocaust victims, either taking the artwork outright or using legal formalities to effect a transfer of title under duress. Years later, US museums acquired some of these pieces on a good-faith basis. Now, however, they face lawsuits by the heirs of Holocaust victims, who seek to have the museums return the artwork. Though good title cannot pass to the owner of stolen property under US law, unfavorable statutes of limitations, high financial hurdles, or discovery problems, among other obstacles, bar many of these claimants from seeking recovery. Though some museums have amicably …
Law And The Emotive Avatar, Llewellyn J. Gibbons
Law And The Emotive Avatar, Llewellyn J. Gibbons
Vanderbilt Journal of Entertainment & Technology Law
The barriers between fantasy and reality in virtual worlds are becoming increasingly permeable. There is a rhetorical need among some legal scholars to distinguish between a law of virtual worlds or concepts of net-sovereignty and the so-called real world. These metaphorical distinctions are unhelpful and confuse the issues as to exactly what is being regulated. A more productive line of analysis is to consider the avatar as an extension of the individual or an agent of the individual in virtual spaces and then to shift the focus of analysis away from the avatar and back to the individual because it …
Applying Old Theories To New Problems: How Adverse Possession Can Help Solve The Orphan Works Crisis, Megan L. Bibb
Applying Old Theories To New Problems: How Adverse Possession Can Help Solve The Orphan Works Crisis, Megan L. Bibb
Vanderbilt Journal of Entertainment & Technology Law
This Note focuses on orphan works--works whose copyright owners cannot be found--and the problems they create for libraries and archives that wish to preserve and facilitate access to them. After describing the legal basis for the orphan works problem, the Note analyzes and critiques proposed legislative and scholarly solutions. After concluding that prior solutions fail to adequately address the needs of libraries and archives, the Note offers a solution based on the policy rationales underlying the traditional property concept of adverse possession, since the justifications that supported the advent of the adverse possession doctrine can also be applied to the …
Is The Suite Life Truly Sweet? The Property Rights Luxury Box Owners Actually Acquire, Amanda Schlager
Is The Suite Life Truly Sweet? The Property Rights Luxury Box Owners Actually Acquire, Amanda Schlager
Vanderbilt Journal of Entertainment & Technology Law
Part I of this Note offers a look at the rising trend of luxury boxes, with a discussion of what separates a license from a lease. Part II will look at the property rights frequently given to one who "leases" a luxury box and will analyze what interest in land he actually receives. Part III presents the implications of misnomers in luxury box leasing and presents possible repercussions for both luxury box owners and those to whom the owners would lease them. It also suggests a better method for creating and governing these arrangements. Finally, it asserts that because of …
The "Public Use" Of Private Sports Stadiums: Kelo Hits A Homerun For Private Developers, Cristin F. Hartzog
The "Public Use" Of Private Sports Stadiums: Kelo Hits A Homerun For Private Developers, Cristin F. Hartzog
Vanderbilt Journal of Entertainment & Technology Law
Part I of this note briefly discusses the principle of eminent domain and the evolution of the Supreme Court's interpretation of the Takings Clause. Part II analyzes the application of the Court's interpretations of the "public use" requirement of the Takings Clause on the issue of whether it is proper for a state to exercise its power of eminent domain pursuant to a stadium development project. Finally, Part III offers a solution to the conflict between property owners' interests in keeping their land and cities' interests in creating economic growth.