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Refereeing NIL Athlete Agents: Examining Equitable and Protective Measures for NCAA Student-Athletes in a Post-\u3cem\u3eAlston\u3c/em\u3e Environment
Full text linkThis Note examines the challenges posed by the lack of regulation surrounding athlete agents involved in Name, Image, and Likeness (NIL) deals across the United States and their impact on collegiate student-athletes. Despite efforts from the NCAA and higher education institutions for federal NIL legislation and guidance, many proposed solutions face significant obstacles, including conflicts with state laws and partisan divisions. This Note traces the commercialization of student-athletes through the history of the NCAA, reviews key NIL cases, and analyzes current state and federal legislation focused on athlete representation. This Note also explores the emergence of NIL service providers, including athlete agents and collectives, whose roles often blur the line between legitimate representation and exploitation. These regulatory gaps exacerbate the challenges faced by student-athletes, who are left to navigate complex legal landscapes with limited guidance. In particular, this Note seeks to bring attention to the vulnerabilities of student-athletes, especially those facing socioeconomic pressures, age-related challenges, and gender discrimination, as they navigate NIL opportunities.
After evaluating previously suggested solutions, this Note proposes the creation of an NIL Office within the Department of Education (ED). Leveraging the Department’s established connections with the NCAA and higher education institutions, and drawing on its experience with Title VI and Title IX, this office would oversee NIL regulation, monitor agents and collectives, and promote transparency, equity, and accountability. The proposed framework offered in this Note aims to foster a safer, more equitable environment for student-athletes as they engage in commercialization opportunities in collegiate sports
Booze, Bars, and Bias: Anti-Blackness in Liquor Licensing Enforcement
Full text linkThis Article explores the disharmonious and disturbing influence of race in the enforcement of liquor licenses. Across the length and breadth of this nation, attentive Black revelers bear witness to an all-too-familiar trend signified by the disproportionately frequent closures of Black entertainment businesses. This Article argues that the punitive disposition toward Black entertainment businesses is not just a contemporary phenomenon; rather, it is a set of practices rooted in centuries of exclusion and regulatory abuse.
Over the past two centuries, state liquor licensing agencies have emerged as contentious battlegrounds where legal, social, and economic factors converge—often to the detriment of the very businesses they were intended to regulate. Throughout the colonial, post-revolutionary, and antebellum eras, state boards and commissions used liquor license regulations to maintain systems of control and preserve the racialized status quo. By unveiling these historical and ongoing practices, this Article reconceptualizes how legal reform might rectify the structural obstacles that disproportionately affect Black entertainment businesses.
Additionally, this Article challenges the perception of drinking establishments as trivial or controversial by highlighting their significance as profound sites for meaning-making, cultural production, and reclamation. This exploration presents an emic perspective that counters the negative and inaccurate stereotypes often associated with spaces of Black entertainment, leisure, and recreation
Clean Data: Recursion as Pollution in Environmental AI
Full text linkIf “data is the new oil,” then corruption in the data used to train artificial intelligence (AI) constitutes a new form of pollution. Environmental AI has traditionally been discussed in terms of its indirect effects on the environment—the irony of burning power, processor cycles, and heat to produce solutions to stop and heal environmental damage. But there is a deeper problem. When environmental AI suggests interventions, its outputs are written onto the landscape. If that landscape is then read as data to retrain AI, there is a risk of model collapse and catastrophic forgetting, as the snake devours its own tail. This article discusses the difficulty in fit between current legal regimes governing AI and the use of AI in the environmental space and then further details the problems of model collapse in the context of environmental AI
Litigating Vertical Mergers: Innovation Dynamics from \u3cem\u3eIllumina-Grail\u3c/em\u3e
Full text linkIllumina-Grail represents an important moment in antitrust litigation, reshaping the legal landscape for vertical mergers in innovation-driven markets. This Article analyzes the Federal Trade Commission’s uncommon achievement in blocking the Illumina-Grail merger—a ruling sustained by the Fifth Circuit Court of Appeals—emphasizing its significant ramifications for antitrust legislation. The case examines the complex dynamics of innovation competition and emerging market definition, challenging established doctrines regarding the inherently procompetitive nature of vertical mergers. This Article examines the changing criteria for defining relevant markets and evaluating competitive harm in research and development-oriented industries. It also discusses the Fifth Circuit’s support of the FTC’s strategy, including the controversial dismissal of Illumina’s suggested remedies and efficiencies. To be sure, Illumina-Grail highlights the increased scrutiny on vertical mergers, as they are instrumental in shaping a given innovation policy but also market dynamics and the burden-shifting framework in antitrust litigation
Brief of Amici Curiae Scholars for the Advancement of Children’s Constitutional Rights and Students Engaged in Advancing Texas in Support of Respondents: \u3cem\u3eMahmoud v. Taylor\u3c/em\u3e
Full text linkAmici are members of Students Engaged in Advancing Texas and United States legal scholars of children and the law, education law, family law, and anti-discrimination law.
Students Engaged in Advancing Texas is a nonprofit organization founded by young people to develop civic leadership and belonging and represents students of various faiths and identities who have an interest in the outcome of this case.
Amici draw this Court’s attention to the constitutional harms that public school students and LGBTQ+ students and students with LGBTQ+ parents would bear should the Court grant Petitioners’ injunctive relief
The Supreme Court During COVID-19: Keeping Its Head When Those About It Were Losing Theirs
Full text linkAlexander Hamilton\u27s Federalist No. 78 suggests that one of the reasons for a life-tenured judiciary whose pay cannot be altered is because judges may be an essential safeguard against the effects of occasional ill humours in the society. Our Nation\u27s history is replete with instances of ill humor leading to violations of constitutional rights. Wars, epidemics, natural disasters, civil unrest, and economic crises all demand governments to act and act swiftly. But courts, and particularly the United States Supreme Court, are necessary to check governments when they go too far in contending with an emergency.
Historically the country\u27s courts have responded unevenly to governmental action during emergencies. In many instances, the federal courts, including the United States Supreme Court, have granted great deference to the politically accountable branches of government during emergencies. This deference has resulted in some of the most infamous decisions of the Supreme Court. As time has passed, the Supreme Court has granted less deference to the actions of the executive and legislative branches of government during emergencies. This withdrawal of deference can be seen in the post-9/11 and COVID-19 cases decided by the Court.
The United States, like the rest of the world, has recently contended with the COVID-19 pandemic. The pandemic\u27s impact has been profound. The death toll, financial loss, and disruption to everyday life has been extensive. To contend with the pandemic, local, state, and federal governments have taken action, and, at times, these actions have been challenged in court. This article examines several of those challenges and analyzes the Supreme Court\u27s reaction to those challenges
Under the Influence: Duties, Deception, Disclosures, and Due Diligence of Social Media Influencers
Full text linkThe encroachment of social media into the daily lives of society reflects a major shift in consumer behavior. As social media moves from providing platforms of narrow connectivity among friends and family to social connection beyond one’s personal network, novel channels are being formed for consumers to absorb and share information. It opens opportunity for corporations to market their products beyond traditional methods and establishes the “influencer” sharing personal thoughts and recommendations on such products.
Social media’s immense purchasing power has a direct effect on the decision-making processes of individuals and the profit margins of corporations, and thus, the capacity for harm to the consumers and the corporate landscape is significant. This Note argues that the current regulatory scheme is doing little to effectively enforce social media advertising. Because of this, there is an increased need for social responsibility and due diligence on the part of social media influencers to filter the content and messages consumed by impressionable audiences.
Drawing on corporate law theory, tort theory, and advertising regulations, this Note explores what social media influencers’ social responsibility ought to be, including what legal mechanisms can be implemented on social media influencers to hold them accountable for their messaging and influence
Introductory Remarks - Wilson
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