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Full-Text Articles in Law
The President’S Remedy–What The Hydroxychloroquine Story Teaches Us About The Need To Limit Off-Lable Prescribing Powers, Jennifer Bard
The President’S Remedy–What The Hydroxychloroquine Story Teaches Us About The Need To Limit Off-Lable Prescribing Powers, Jennifer Bard
Catholic University Law Review
When the history of the first year of the United States Government’s response to the COVID-19 virus is written, there is likely to be mention of the still unexplained vehemence with which then president Donald J. Trump made use of his access to social media to promote seldom used anti-malaria drug, hydroxychloroquine, for both the prevention and treatment of COVID-19 despite the active growing opposition of most of the world’s scientists, including his own government scientists. While the use of drugs developed and approved by the FDA for different purposes to combat new diseases, off-label prescribing, is legal in the …
No Ifs, Ands, Or Juuls About It: Why Influencers Must Be Held Accountable, Krystina Dorta
No Ifs, Ands, Or Juuls About It: Why Influencers Must Be Held Accountable, Krystina Dorta
Catholic University Journal of Law and Technology
This article analyzes how the FTC’s Endorsement Guide regulating the advertising of e-cigarette products should be applied to social media influencers. The struggle to regulate e-cigarettes by the FDA and the FTC has led to different advertising methods, which either comply with or neglect the FTC’s Endorsement Guide. This article evaluates the federal government’s reaction to the e-cigarette health crisis, followed by a review of the FTC’s previous actions addressing Endorsement Guide violations, along with the consequences on other companies’ marketing strategies. Finally, this article reviews influencer liability standards for Endorsement Guide violations and develops recommendations to improve those standards.
How Can We End #Cancelculture—Tort Liability Or Thumper’S Rule?, Nanci K. Carr
How Can We End #Cancelculture—Tort Liability Or Thumper’S Rule?, Nanci K. Carr
Catholic University Journal of Law and Technology
In the Disney film Bambi, when the young rabbit Thumper says that Bambi “is kinda wobbly” and “doesn’t walk too good,” Thumper’s mother tells him “if you can’t say something nice, don’t say anything at all.” The Des Moines Register seems to have forgotten Thumper’s Rule when it uncovered Carson King’s teenage tweets and canceled the relationship he had built with Busch Light while raising $3 million for the Stead Family Children’s Hospital. #CancelCulture is a social media phenomenon, where some people use their voices to cancel the platform enjoyed by others. It is the 2019 equivalent of the …
How Many Likes Did It Get? Using Social Media Metrics To Establish Trademark Rights, Caroline Mrohs
How Many Likes Did It Get? Using Social Media Metrics To Establish Trademark Rights, Caroline Mrohs
Catholic University Journal of Law and Technology
This comment asserts that there is a need for an update to the multifactor test considered by courts in determining the strength of a trademark. Traditional factors include the expenses an entity can afford to pay in advertising, but do not give any weight to the presence of the entity on social media to reach its target consumer group.
Alternative Restrictions Of Sex Offenders' Social Media Use & The Freedom Of Speech, Norah M. Sloss
Alternative Restrictions Of Sex Offenders' Social Media Use & The Freedom Of Speech, Norah M. Sloss
Catholic University Journal of Law and Technology
No abstract provided.