The War of College Sports: A New NCAA Constitution

By: Carlo Ballesteros-Flores

 

Following years of backdoor payments to athletes and multiple deaths on the field of play, the National Collegiate Athletic Association (“NCAA”) was established in 1906 to regulate college sports. The NCAA’s objective was to protect the health and safety of college football players and to serve as a regulator as athletes increasingly received under-the-table payments in exchange for their athletic performance. Continue reading »

Dead on Arrival: Why Explainable AI is Fundamentally Wrong and Why Investment in Explainable Systems Should be Avoided

By: Ben Suslavich

As Artificial Intelligence systems (“AI”) become increasingly prevalent in today’s world, there have been demands by some for AI algorithms to be “explainable.” Private companies, lawmakers, and the government have all discussed interest in the ability to audit how AI makes decisions. This discussion has centered around the use and implementation of eXplainable AI (“XAI”), which, in theory, would allow a casual user of an AI system to understand the reasoning that formulated an AI decision. Continue reading »

Balmain x Barbie & Beyond: A Look into Barbie’s First Digital Fashion Collaboration

By: Karen Surian

How did one of the world’s most famous French houses begin to collaborate with the most iconic doll in the world? Like any partnership, this relationship grew from authenticity. As a well-known luxury label that provides status and exclusivity to those who wear its products, Balmain offers high design value and a loyal customer base. On the other hand, Barbie, one of Mattel’s most successful toys, has managed to maintain its popularity for over six decades. Continue reading »

The Google Play Store: A Superior Product or Monopoly?

By: Alexus Acree

“App stores” are a type of digital distribution platform for software called applications that allows mobile device users to bridge the gap between basic hardware and a multifaceted “smart” device. They enable mobile device users to download software that is not included with the mobile device when purchased. Many consumers consider these apps to be what give smart devices value. Continue reading »

Is the Happiest Place on Earth About to Lose its Smiling Face?

By: Haley Sink

When it comes to Disney, branding is everything. But what happens if one of the most recognizable faces of one of the world’s most recognizable brands falls out of copyright protection and can be used by the masses?

The original version of Mickey Mouse, from the 1928 “Steamboat Willie” cartoon, will go out of U.S. copyright protection in 2024. That is, unless Disney successfully lobbies Congress to extend that protection, like it did in 1976 with the Copyright Act and in 1998 with the Copyright Term Extension Act. Continue reading »

LulaNO: The Legal Future of Multi-Level Marketing Companies

By: Brittany Locke

With the promise of working part-time, at home, for a full-time salary, many women (and men) known as “retailers” joined LuLaRoe, dollar signs flashing in their eyes. Founded in 2012 as a multi-level marketing company (“MLM”) selling women’s clothing, LuLaRoe reached 80,000 distributors by 2017. In 2016, the company, led by a husband-and-wife team, reported sales of approximately $1 billion. Anyone who had any presence on social media between 2014 and 2019 probably knew someone hawking colorful patterned “buttery soft” leggings, one of LuLaRoe’s signature items and their top seller.

Continue reading »

Preview of the Oral Argument at the Supreme Court: ZF Automotive US, Inc. v. Luxshare, Ltd.

By: Qingrong Ruan

The Supreme Court decided to grant certiorari to the case ZF Automotive US, Inc. v. Luxshare, Ltd., and the parties will argue in front of the Court tomorrow, March 23. The issue is whether 28 U.S.C. § 1782(a) applies to private commercial arbitral tribunals. The statute gives litigants the right to ask district courts to assist them in gathering evidence for use in “a foreign or international tribunal.” Continue reading »

TikTok: A New Copyright Minefield

By: Noelle Henry

TikTok, a video-sharing platform, has quickly become one of the most popular social media platforms to date. In fact, some statistics have shown that, in 2021, TikTok overtook Google as the year’s most popular domain. However, as the platform becomes more popular, it opens its doors to a multitude of legal challenges with copyright infringement near the top of the list. TikTok’s intellectual property issues arise largely from the music and choreography on the platform, despite their attempts to mitigate copyright infringement. Continue reading »

Games Without Frontiers: The Increasing Importance of Intellectual Property Rights for the People’s Republic of China

By: James M. Cooper

PDF: Games Without Frontiers: The Increasing Importance of Intellectual Property Rights for the People’s Republic of China

For years, the People’s Republic of China was known as the “Pirate Nation” for its outright theft of Western innovation and acquisition of innovation through mandatory technology transfer from Western companies to Chinese partners. However, this narrative has recently become more complex as China transitioned from an importer to an exporter of intellectual property. Continue reading »

Symposium Spotlight: Commentary from JBIPL Editors

Our third and final Symposium Spotlight features student commentary from three members of the JBIPL Editorial Board.

Symposium Editors Mona Ibadi and Hunter Revord reflect on the process of bringing tomorrow’s event to fruition.

Cara Cook shares what excites her most about the symposium and sheds some light on the symposium’s practicum course taught by JBIPL Advisor, Alan Palmiter. Continue reading »