Rebecca A. Delfino Volume 74, Issue 2, 293-348 Deepfakes—audiovisual recordings created using artificial intelligence (AI) technology to believably map one person’s movements and words onto another—are ubiquitous. They have permeated societal and civic spaces from...
Financial Inclusion Gone Wrong: Securities and Cryptoassets Trading for Children
Nizan Geslevich Packin Volume 74, Issue 2, 349-398 According to studies, money is a major source of anxiety for most Americans. In looking for ways to remedy the source of such anxiety, some believe that increasing children’s financial orientation could help lower...
Considering Vaccination Status
Govind Persad Volume 74, Issue 2, 399-432 This Article examines whether policies—sometimes termed “vaccine mandates” or “vaccine requirements”—that consider vaccination status as a condition of employment, receipt of goods and services, or educational or other...
How Crisis Affects Crypto: Coronavirus as a Test Case
Hadar Y. Jabotinsky & Roee Sarel Volume 74, Issue 2, 433-488 Everybody is talking about cryptocurrencies. These digital tokens, which started in a one-asset market, have swiftly ballooned into a massive and diverse “cryptomarket.” The cryptomarket is still mostly...
Deferring Intellectual Property Rights in Pandemic Times
Peter K. Yu Volume 74, Issue 2, 489-550 This Article examines an unprecedented proposal that India and South Africa submitted to the World Trade Organization (WTO) in October 2020, which called for a waiver of more than thirty provisions in the Agreement on...
The Latest Interface: Using Data Privacy as a Sword and Shield in Antitrust Litigation
Sammi Chen Volume 74, Issue 2, 551-582 The new and growing intersection between data privacy and antitrust uses data privacy as both a sword and shield against antitrust liability. On one hand, large technology firms have begun using privacy as a business...
Mistreatment and Exploitation of Skilled Foreign Workers Through H- Visa Precarity
Isha Vazirani Volume 74, Issue 2, 583-606 The Department of Homeland Security (DHS) announced that beginning on May 26, 2015, certain H-4 dependents of H-1B nonimmigrants would be eligible to apply for an Employment Authorization Document (EAD). The H-4 EAD program...
Sacrificing Sovereignty: How Tribal-State Tax Compacts Impact Economic Development in Indian Country
Pippa Browde Volume 74, Issue 1, 1-44 Economic development is a critical component of tribal sovereignty. When a state asserts taxing authority within Indian Country, there is potential for overlapping, or juridical, taxation over the same transaction. Actual or even...
A Tokenized Future: Regulatory Lessons from Crowdfunding and Standard Form Contracts
Darian M. Ibrahim Volume 74, Issue 1, 45-78 This Article examines the world of risk investing in the cryptoeconomy. The broader crypto market is booming despite the latest downturn. People and institutions are buying in. The question is now how to regulate it. This...
“Cancel Culture” and Criminal Justice
Steven Arrigg Koh Volume 74, Issue 1, 79-122 This Article explores the relationship between two normative systems in modern society: “cancel culture” and criminal justice. It argues that cancel culture—a ubiquitous phenomenon in contemporary life—may rectify...