Category Archives: Insights

Facebook, Inc. v. Duguid: The Challenges of Regulating Rapidly Changing Technology

HANNA BURT—The Supreme Court’s recent decision in Facebook, Inc. v. Duguid highlighted the growing gap between law and technology and revealed how the Court’s narrow interpretation of regulatory statutes can exacerbate this divide. The rapid advancement of technology contrasts sharply with the slow evolution of law. As a result, it is estimated that law is […]

In with the New, But Out with the Old?

MICHELLE ADAMS—The recent rise in popularity of digital art, coupled with more industries accepting cryptocurrency as a valid form of payment, has led to increased interest and fear of how blockchain will eventually disrupt traditional industries that currently act as intermediaries in transactions. But what exactly is blockchain, and how will it affect the legal […]

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 […]