Category Archives: Featured Post

NFTs and the Legitimizing Power of Copyright

DANIEL MAYOR—The recent high-value sales of digital art NFTs (non-fungible tokens) by Beeple, and, even more recently, of a self-portrait NFT made by Sophia the Robot, signals the digital token’s acceptance as an attractive new asset for tech-savvy creatives. But avant-garde digital artists are not the only early-adopters of this craze and organizations like the NBA have made […]

Florida S.B. 48: The Florida Senate Prepares to Historically Expand School Choice

NICOLAS BRISCOE—The school choice movement has regained steam in the midst of a pandemic that has seen schools across the country shuttered at the behest of politically powerful teachers’ unions. According to the Center on Reinventing Education, parents are struggling to adapt to the remote learning environment: they are spread too thinly and are unable […]

Winning, but at What Cost? The Problem of Loot Boxes in Video Games and How the FTC Could Help

SYDNEY LANDERS—On August 3, 2020, a class action complaint, naming Electronic Arts (“EA”) as the defendant, alleged that loot boxes in games, specifically sport franchise games like FIFA, “entic[e] consumers . . . to engage in gambling and similar addictive conduct.” Loot boxes are a form of microtransaction: some use in-game currency to purchase new […]

Re-Contextualizing Medical Marijuana Reimbursements in Anticipation of Its Legalization

SEAN HUGHES—Currently, there is strong bipartisan support at the federal level for the legalization of medical and recreational marijuana. The Marijuana Opportunity, Reinvestment, and Expungement (MORE) Act is bipartisan legislation that removes marijuana from the Controlled Substances Act (CSA), thus decriminalizing marijuana at the federal level and enabling states to define their own laws regarding […]

The Securities Act of 1933: A Textual Approach to Direct Listings

HARRIS BLUM—Congress enacted the Securities Act of 1933 to implement a full and fair disclosure regime in connection with public offerings of stock. The Act’s linchpin is its registration requirement, which forces companies (“issuers”) to file a registration statement with the SEC before selling shares to the public. A registration statement contains extensive disclosure about […]