Julianna Simpson Julianna Simpson

Protecting Minors on Social Media

In September 2021, Stephanie Mistre’s worst nightmare came true – her daughter had taken her own life.[1] As the mother mourned her daughter’s passing, she began looking through her daughter’s cell phone and found that her TikTok “For You Page”[2] was full of videos detailing methods for and generally promoting suicide.[3] Joined by several other families, Mistre is now involved in a highly publicized suit against TikTok, alleging that the app’s algorithm pushed these videos on her minor daughter and contributed to her death.[4] This is one of many allegations that social media and other online platforms are not doing enough to protect minors.[5]

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Julianna Simpson Julianna Simpson

Alternative Legal Service Providers

Legal services are expensive. In the last 25 years, costs for various legal services have risen significantly. According to the Legal Service Corporation, many low-income Americans are forced to go without legal representation in serious matters, and 53% of low-income Americans feel they would be unable to afford a lawyer if they needed one.  Due to inflation and the growing wealth divide in the United States, this “Justice Gap” will likely continue to grow unless efforts are made to resolve the current gap.

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UNCERTAIN FUTURE FOR THE CORPORATE TRANSPARENCY ACT AMID RECENT SUPREME COURT DECISION

            The Corporate Transparency Act (“CTA”) was enacted in 2021 as part of the National Defense Authorization Act.[1] It was enacted to combat illicit financial activities such as money laundering, tax fraud, and the financing of terrorism. The CTA seeks to increase corporate transparency by requiring certain companies to disclose information about their beneficial owners to the Financial Crimes Enforcement Network (“FinCEN”). The CTA “requires certain business entities to file, in the absence of an exemption, information on their ‘beneficial owners.’”[2] A beneficial owner is defined as “(i) each individual, if any, who directly or indirectly owns 25% or more of the equity interests of a legal entity customer (the ownership prong); and (ii) a single individual with significant responsibility to control, manage, or direct a legal entity customer….”[3]

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Taking a Picture of the Fair Use Doctrine

What is the connection between Andy Warhol, Prince, and the 90’s rap group, 2 Live Crew? Together, their art has dramatically changed the landscape of the modern system of fair use under U.S. Copyright law, most recently with the landmark case of Andy Warhol Foundation for the Visual Arts, Inc v. Goldsmith.[1] The Court’s 2023 decision substantially limited the capacity for the fair use doctrine to protect derivative works based on existing art, and it has the potential to fundamentally alter the art world, photograph licensing practices, and the emerging AI field.[2]

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SECTION 5’s SHORTCOMINGS: THE NEED FOR A FEDERAL DATA PRIVACY LAW TO ADDRESS BIG TECH'S EXPLOITATION OF CONSUMER DATA

As our society becomes more digitized, the most dominant American technology companies, otherwise known as “Big Tech”, have utilized their immense financial and technological resources to collect and monetize consumer information, often without the knowledge or full consent of users. The consequences of Big Tech’s extensive access to users’ private information may not be immediately apparent to many consumers. However, it is crucial to recognize that this kind of surveillance, conducted without proper oversight or consumer consent, sets a dangerous precedent that large corporations can exploit consumer data for commercial gain. Moreover, tolerating Big Tech’s invasive collection of user information has consequences far beyond targeted advertising; it directly threatens consumers’ privacy, autonomy, and safety.

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AI Meets the Game: How Technology is Revolutionizing Sports and Challenging the Law

In February 2024, over 200 million people tuned into the Super Bowl, setting a record for the NFL’s highest unduplicated audience. Part of this success may be credited to Nickelodeon’s use of AI-powered augmented reality, bringing characters like SpongeBob SquarePants to life—a concept introduced by the NFL in 2021. As technology transforms sports, from streaming innovations to player development, one question looms: can the law keep pace?

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A Win for Music Fans – Court Permits Live Nation-Ticketmaster Antitrust Suit to Continue

It’s a common story for music fans who love live concerts. You see your favorite artist is playing near you, and you immediately sign up for the lottery. What do you win if you’re selected in the lottery? Free tickets? No. You get the opportunity to buy tickets. So, you set your alarm for when tickets go on sale and use multiple devices to maximize your chances of buying any ticket. If you’re lucky, you get your ticket at a relatively reasonable price. If you aren’t lucky and lose out to the professional ticket-scalpers who have an army of bots, you’re then forced into the secondary market. If you want to see your favorite artist, you’ll have to pay significantly higher prices. But even after you mentally accept the financial hit it will take to see your favorite artist, you face another surprise when you check out in the form of myriad fees. These fees can turn out to be around 27 percent of ticket price.

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Recent Case Law Impacting Early-Stage IP Protection

Protecting and commercializing inventions from early-stage research faces many challenges. This is particularly true for technologies emerging from universities, which have highly specialized resources yet lack direct paths to markets. Early-stage technologies often show technical potential in idealized conditions, such as in a clinic or on a benchtop. But researchers face lofty financial and technical challenges when translating them to more realistic, complex, and uncontrolled conditions. This manifests as the infamous Valley of Death that early-stage technologies must traverse; the journey from well-defined research proposals to undetermined markets with nebulous commercialization analyses, technical forecasts, and legal landscapes. Success requires funding, resources, and expertise for each challenge.

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The Intersection of Generative AI and Copyright Law: Who Owns AI-Created Works?

Copyright principles are increasingly challenged in the age of generative AI. The rapid advancement of AI technologies is pushing the boundaries of traditional legal frameworks, with courts finding it difficult to apply established copyright principles to emerging digital contexts. AI-generated content highlights the practical uses of generative AI, showcasing its ability to produce text on complex subjects. However, the widespread use of these technologies also requires thoughtful consideration of intellectual property rights, ensuring that the pursuit of innovation does not erode the protections given to original creators.

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Inspiration or Infringement? The Ongoing Struggle of Designer Brands Against Steve Madden and Other Fast-Fashion Brands Under U.S. Copyright Law

On August 9, 2024, the Danish Maritime and Commercial Court ruled against Steve Madden in a copyright suit brought by the popular Danish brand, Ganni. The Danish court issued an injunction barring Steve Madden from offering, marketing, and selling its “Grand Ave” shoe in Denmark. The court ultimately found Steve Madden’s buckle-design shoe to be practically identical to Ganni’s “Buckle Ballerina” shoe, thereby constituting copyright infringement. This ruling underscores a significant issue in the U.S. fashion industry: the fine line between inspiration and infringement, as evidenced  bySteve Madden’s well-documented practice of replicating high-end designs.

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The Risks of Rolling Back Remote Work: ADA Compliance & Employer Responsibilities

Since the COVID-19 global pandemic in 2020, the core values of American organizational culture have shifted. This shift led to an increased reliance on remote work and hybrid business models. Modifications to these models evolved in unexpected ways, introducing new variations of work in the 21st century. While many companies have adapted to these new demands, they now face a critical question: How do we move forward after the COVID pandemic? Different approaches to this question indicate a decline in remote work options and a rebound to the five-day workweek. With the influx of companies abandoning hybrid models and mandating five-day office weeks, new legal concerns have arisen—particularly concerning the Americans with Disabilities Act (ADA).

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Rental licenses are no longer a suggestion in many Maryland jurisdictions.

We are coming up to the first anniversary of Maryland’s vast expansion of tenant’s rights. Effective October 1, 2023, a landlord, whose property is unable to pass a licensing inspection, will be unlikely to succeed in a number of repossessions claims under the Maryland Real Property Title. In order for a landlord to apprise themselves of the expedited repossession remedies under the Real Property Title, they must now comply with the rental licensing requirements of their jurisdiction.


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Sampling in Music: Understanding Copyright Laws and Creative Boundaries

In the music industry, the production technique known as sampling, has become a favorite among producers and audiences alike. In recent years, nearly one in every five hit songs contain some form of a sample. While the techniques used to generate a sample can be technically advanced, the basic principle of sampling is rather simple. A music sample is simply a previously recorded sound incorporated into a new recording.

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Unraveling the TikTok Ban: Exploring National Security Concerns, Legislative Responses, and the Algorithmic Arms Race

On Wednesday, April 24th, President Biden signed a bill that would effectively ban Tiktok in the United States if the Chinese-based parent company, ByteDance, does not sell the app within nine months. Lawmakers argue that the application poses a significant national security threat, as it allows the Chinese government to access user data and manipulate the TikTok algorithm to influence American public opinion on various issues. In the prior month, the House voted 352-65 in favor of a ban, sending the bill to the Senate for approval. Once in the Senate, the legislation to force a sale of TikTok was integrated with a larger foreign aid bill that provided funding for Ukraine, and Israel, as well as humanitarian aid for Gaza. The bill passed with a resounding vote of 79-18.

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Nationalize Starlink

Keep the levers of inter-state power out of the hands of volatile tech leaders, like Elon Musk.

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Punting Predatory Promotions: Maryland’s Approach to Regulating the New Era of Sports Gambling

In 2018, the Supreme Court struck down the Professional and Amateur Sports Protection Act (PASPA) in Murphy v. NCAA. The flood gates opened for sports gambling in the United States, and state legislatures were free to permit and regulate sports wagering for the first time in decades. They wasted little time. In 2022, the sports gambling industry generated $7.56 billion of revenue. However, that economic boom was met with significant criticism and backlash over the prominence of sports gambling and its potential negative effects on novice gamblers.

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Teamwork Makes the Dream Work: Dartmouth Men’s Basketball Makes History by Becoming First College Athletes to Join a Union 

Dartmouth Men’s Basketball is not a blue-blood program for its efforts on the court. The Big Green have not had a winning record since the 1998-1999 season and have not made an NCAA Tournament appearance since 1959. This year is no different. The team is ranked at the bottom of the Ivy League and is unlikely to change that standing by the end of the season. However, the team’s actions away from the court will forever cement Dartmouth’s place as a historic program. On March 5, 2024, Dartmouth became the first college basketball program to unionize in the history of college sports with a vote to join the Service Employees International Union. 

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The House Always Wins Even When It Loses: Using “Obvious Errors” to Void Winning Bets

Since the U.S. Supreme Court’s decision in Murphy v. National Collegiate Athletic Association, 37 states have legalized sports betting. Since this ruling, over $220 billion has been spent on sports bets across the country. Sports betting has become a very lucrative source of tax revenue for many states. For example, Maryland reported $46 million in tax revenue from betting alone.

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