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“Foreign-related Rule of Law” and the Belt and Road Initiative: A Chinese Legal- Economic Synergy
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FAQ: Educational Fines and Fees in K – 12 Public Schools
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Beyond Privity of Blood: Intestacy and Charity
Get PDFWhen an individual dies without leaving a will, the law of intestacy functions to distribute the decedent’s estate to a surviving spouse and/or close blood relatives. Yet, this default regime fails to account for the possibility that some individuals wish to allocate part of their estates to charity. Drawing on empirical evidence, including data presented here for the first time, this Article advocates building a charitable component into intestacy in those cases where majorities of decedents prefer to establish estate plans transcending traditional heirs. Evidence suggests that this majority preference arises in four situations: (1) where the decedent was extremely wealthy, (2) where the decedent was less wealthy but died without descendants, (3) where the decedent died without descendants and had made charitable donations, irrespective of wealth, and (4) where the decedent died without any known relatives. The Article proposes personalizing the process of intestacy further by granting charitable shares, when called for, to those causes which decedents had individually supported during their lifetimes. The Article assesses the structural costs and benefits of these innovations and concludes that they would not prove excessively complex or administratively burdensome
Defending Children’s Data Privacy: Strategies for the 21st Century
Get PDFChildren’s use of social media has been linked to an overwhelming number of adverse effects on their mental health, privacy, and well-being. There is a general consensus among parents, researchers, and lawmakers that children’s online protections must be expanded. However, recent legislative efforts to effect change have been met with consistent failure. Recently, California, Arkansas, and Texas passed new legislation intended to bolster existing protections and expand child privacy online. The Arkansas law and portions of the California and Texas laws do not pass constitutional muster under current case law, and all three federal district courts articulated their inability to permit these proposed protections within First Amendment precedential confines.
The present framework is outdated, unsuitable, and overly narrow for application to today’s online context. Assumptions about the internet at the time this case law was developed are counterfactual in 2025. A reconsideration of existing Supreme Court First Amendment precedent to sanction greater regulation of child safety online is critical to setting up an expansive framework in which child protections can be prioritized. Pending the Supreme Court’s revision of First Amendment precedent, lawmakers are not without options. Legislators can initiate solutions that are permissible under the existing framework, including cell phone bans in schools, restrictions on access to obscene materials, increased regulations on data collection and sales or the use of dark patterns, and funding programs that educate parents and children about safe online practices. Though assembling a patchwork of narrow regulations this way may be effective, the Supreme Court needs to update its First Amendment framework to make space for policymakers to broadly expand privacy laws and create a robust defense against technology related harms to minors
Replicating Reality: is Trademark Use in The Metaverse Commercial or Expressive?
Get PDFThis Note will examine how trademark law should be applied to emerging digital spaces known as metaverses, which can function as both new-age video games and digital marketplaces. The Note will first explain the concept of the metaverse. Next, it will lay out the current landscape of trademark law as it is applied to marks in artistic works, including First Amendment protections for artistic relevance. Then, the Note will illustrate trademark infringement lawsuits dealing with fashion and digital media. Following that, this Note will detail how trademark law is applied to video games, especially in cases involving artistic expression. The analysis portion of the Note will further explain how trademark caselaw can be applied in the future to marks used in video games. Finally, the Note will distinguish how trademark law should be applied to protect brands in metaverses that function more like marketplaces, rather than traditional video games
Exploitation of User Generated Content For Generative Ai: Making a Case for Data Privacy Rights in Your Social Media Posts
Get PDFNearly all user-generated content contains personal data. Yet, Big Tech companies can exploit the user-generated content you posted because under current legal frameworks, the information is already public (no matter how many sordid details you’ve shared in that social media post). In the age of the great generative AI arms race between OpenAI, Google, and Meta, technology companies are collecting mass amounts of user-generated content on their platform for training AI models. This Note argues that current data privacy practices with respect to user-generated content is anti-consumer, because it fails to take today’s technological advancements, business practices, and online norms into account. The scale at which user-generated content can be collected and processed has changed drastically. Exploitation of user-generated content for out of scope uses, especially in AI training, creates unique economic and individualistic harms that can only be addressed with data privacy rights. When platforms capitalize on user-generated content without the user’s affirmative knowledge or consent, that feeling of nakedness as a person’s content is freely posted in one context but exploited in a different context, is a fundamental violation of privacy no matter how legal the practice is in current jurisprudence. This forced dilemma—to accept the Terms of Service and enable your content to be used for AI training, or to cease your use of the online service altogether—is a scheme that consolidates power for platforms while shifting harm onto individuals
