Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 6 of 6
Full-Text Articles in Law
Breaking Cultural And Financial Barriers In Olympic Sports, Maureen A. Weston, Professor Of Law
Breaking Cultural And Financial Barriers In Olympic Sports, Maureen A. Weston, Professor Of Law
Vanderbilt Journal of Entertainment & Technology Law
Nelson Mandela has said that “[s]port has the power to change the world. It has the power to inspire. It has the power to unite people in a way that little else does . . . . It is more powerful than governments in breaking down barriers.” Sports can have tremendous value, not only to the individual participants in promoting physical and mental health, skills, and teamwork, but also to society in fostering community, civic pride, and a sense of belonging, even among the fans. Sports have significant economic, political and cultural impacts at the local, national, and international spheres. …
Watching Androids Dream Of Electric Sheep: Immersive Technology, Biometric Psychography, And The Law, Brittan Heller
Watching Androids Dream Of Electric Sheep: Immersive Technology, Biometric Psychography, And The Law, Brittan Heller
Vanderbilt Journal of Entertainment & Technology Law
Virtual reality and augmented reality present exceedingly complex privacy issues because of the enhanced user experience and reality-based models. Unlike the issues presented by traditional gaming and social media, immersive technology poses inherent risks, which our legal understanding of biometrics and online harassment is simply not prepared to address. This Article offers five important contributions to this emerging space. It begins by introducing a new area of legal and policy inquiry raised by immersive technology called “biometric psychography.” Second, it explains how immersive technology works to a legal audience and defines concepts that are essential to understanding the risks that …
Reexamining Eli Lilly V. Canada: A Human Rights Approach To Investor-State Disputes, Cynthia M. Ho
Reexamining Eli Lilly V. Canada: A Human Rights Approach To Investor-State Disputes, Cynthia M. Ho
Vanderbilt Journal of Entertainment & Technology Law
This Article provides valuable insight to the broader discussion of reforming investor-state disputes. Many have noted that the system is in a crisis due to a lack of democratic accountability and inconsistent decisions, which create a chilling effect on legitimate domestic law and policy. Despite substantial discussion in recent years concerning how to reform investor-state disputes, there is only limited discussion concerning the extent to which such disputes challenge domestic intellectual property (IP) limits, as well as global IP norms. Moreover, even among those who recognize the challenge to IP limits, the relevance of human rights is generally not addressed. …
Investor-State Arbitration And Human Rights, Timothy J. Feighery
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 …
Humanizing Intellectual Property: Moving Beyond The Natural Rights Property Focus, J. Janewa Osei-Tutu
Humanizing Intellectual Property: Moving Beyond The Natural Rights Property Focus, J. Janewa Osei-Tutu
Vanderbilt Journal of Entertainment & Technology Law
This Article compares the natural rights property framework with the international human rights framework for intellectual property. These two frameworks share a common theoretical basis in the natural rights tradition but appear to lead to conflicting outcomes. Proponents of natural rights to intellectual property tend to support more expansive intellectual property protections. Yet, advocates of a human rights approach to intellectual property contend that human rights will have a moderating influence on intellectual property law. This Article is among the first scholarly works to explore the apparent conflict between these two important frameworks for intellectual property. It concludes that a …
Internet Content Governance And Human Rights, Nicola Lucchi
Internet Content Governance And Human Rights, Nicola Lucchi
Vanderbilt Journal of Entertainment & Technology Law
The Internet has become an essential tool for various life-related purposes, and it is an instrument necessary for the proper enjoyment of a series of rights-including the right to access knowledge and information and the right to communicate. This new paradigm also implies that all people should have access to the Internet at affordable conditions, and any restrictions should be strictly limited and proportionate. As a consequence, any regulatory and policy measures that affect the Internet and the content that flows over it should be consistent with basic rights and liberties of human beings. This Article intends to explore the …