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CRIMES WITHOUT CONSEQUENCES: EXPLORING THE METAVERSE AS A CRIMINAL FRONTIER

A Note by Doyeon Oh

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A conception of digital worlds in the form of virtual and augmented realities has been a science-fiction vision since the 20th century.[1] As of 2023, that vision has become more than just a reality.[2] Established tech giants like Meta and Google are already taking the next step in developing the “metaverse”—a universal platform promising a fully immersive real-life experience within a network of multiple virtual worlds.[3] Theoretically, the metaverse will allow users, or their “avatars,” to live, work, and socialize as they would in the real world.[4] Casual users may think of it as a “digital playground;” others may see potential business opportunities.[5] Ideas of its use are limitless and exciting,[6] and the metaverse hype seems more than deserving.            

However, this exciting prospect brings forth a dangerously overshadowed issue: violent crimes.… Read the rest

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IS STARBUCKS A BANK? HOW THE BILLIONS CONSUMERS UPLOAD ONTO STARBUCKS CARDS SHOULD BE REGULATED

A Note by Mackenzie Morgan

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As technology has continued to advance, so have company reward programs. In 2021, Starbucks customers loaded $11 billion onto mobile Starbucks Cards,[1] accounting for almost half of all Starbucks sales.[2] The amount of money consumers have loaded onto their mobile applications to prepay for their coffee orders has allowed Starbucks to overtake most banks in terms of assets.[3] “85% of US banks have less than $1 billion total in assets, illustrating the major player Starbucks has become in this space.”[4] Should the billions of dollars that consumers have uploaded onto Starbucks Cards be regulated by the federal government?

… Read the rest
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PARALLEL GOVERNANCE: THE PATH TO UNLOCKING THE POTENTIAL OF ISLAMIC FINANCE IN A CONVENTIONAL FINANCE SYSTEM

A Note by Rema Marie Kodaimati

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The global debt levels have reached new records despite the massive technological advances made in recent decades.[1] The current global debt has reached approximately 350% of the global GDP, or the equivalent of $37,500 per person in the world.[2] Although international economists have forecasted that the global economy will continue to grow in 2023, albeit at a decreased rate of 2.7% from the 6% of 2021, their predictions are based upon gross domestic product, (“GDP”),[3] a metric that is often criticized as misrepresenting the true state of economic health or the general well-being of societies.[4] Looking at the debt levels within the United States alone, circumstances do not appear to be any better as federal borrowing has practically reached the nearly $31 trillion national cap, with the Treasury Department using latch ditch accounting maneuvers … Read the rest

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ROLL FOR DAMAGE: EXPLORING THE STRUGGLE BETWEEN INTELLECTUAL PROPERTY PROTECTIONS AND INNOVATION WITHIN TABLETOP ROLEPLAY GAMES

A Note by Natalie Boyd

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In early January 2023, the Dungeons and Dragons publisher, Wizards of the Coast, became the center of widespread controversy, with over 60,000 people signing an open letter condemning their actions after a revised version of their open gaming license (“OGL”) was leaked (the “Leak”).[1] Dungeons and Dragons, a popular tabletop roleplay game, has used an OGL since 2000 to allow fans and publishers to create works compatible with the original game.[2]This OGL has allowed third party creators to use Dungeons and Dragons rules and systems without any form of royalty fees.[3] Since 2000, third party content created under this OGL has helped build a large network of Dungeons and Dragons gamers who have innovated the game while driving it into mainstream success.[4]

The Leak revealed major potential changes for third party creators including the … Read the rest

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DELINEATING DIGITAL MARKETS IN ANTITRUST CONTEXTS

A Note by Lindsey Robin

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As digitization and technology increasingly affect all aspects of life, law makers and academics alike continue to consider how antitrust law can be applied to digital markets. Concerns over big data, data security, monopolization, privacy, and unfair competition practices have garnered much attention across the globe in the last decade.[1] How and whether antitrust law should effectively address these concerns remains a hotly debated topic in the antitrust community.

[1] See generally, Benjamin M. Fischer, The Rise of the Data-Opoly: Consumer Harm in the Digital Economy, 99 Wash. U. L. Rev. 729 (2021); Mason Marks, Biosupremacy: Big Data, Antitrust, and Monopolistic Power over Human Behavior, 55 U.C. Davis L. Rev. 513 (2021); Joshua P. Zoffer, Short-Termism and Antitrust’s Innovation Paradox, 71 Stan. L. Rev. Online 308 (2019)… Read the rest

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PROTECTING THE EXERCISE BY WORKERS OF FULL FREEDOM OF ASSOCIATION: GIVING THE NLRB THE TOOLS IT NEEDS TO UPHOLD THE NLRA

A Note by Sam Smith

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On April 9, 2021, Amazon defeated a unionization effort to unionize at their fulfillment center in Bessemer, Alabama after a hotly contested election featuring significant campaigning by both the company and the Union.[1] The Union immediately petitioned the National Labor Relations Board (“NLRB” or the “Board”) alleging several violations of the National Labor Relations Act (“NLRA” or the “Act”) by Amazon,[2] which resulted in the NLRB setting aside the original vote and ordering a new election. [3] The NLRB also reached a settlement with Amazon over its general anti-labor practices in December 2021, forcing the company to issue communications to its over 1.5 million employees informing them of their rights under the NLRA.[4]

[1] See Alina Selyukh, Amazon Warehouse Workers get to Re-do Their Union Vote in Alabama, Nat’l Pub. Radio (Nov. 29, 2021), https://www.npr.org/2021/11/29/1022384731/amazon-warehouse-workers-get-to-re-do-their-union-vote-in-alabama.… Read the rest

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BUY NOW, BUT PAY FOR IT LATER: HOW BNPLS ALLOW UNSECURED CONSUMER DEBT TO ACCUMULATE WITHOUT REGULATION

A Note by Alec Klimowicz

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Buy Now, Pay Later (“BNPL”) has taken consumer shopping by storm. Businesses have emerged with the BNPL model as its primary operation, offering repayment plans, typically in four equal payments across six weeks, at no interest.[1] A financial movement that ostensibly began only a couple of years ago is now playing a role in over 200 billion dollars’ worth of transactions.[2] Consumers have accelerated BNPL’s use during the pandemic; BNPL’s usage increased by 230% in 2020 and 400% during the same year’s Black Friday holiday.[3] These businesses, however, have grown at such an exponential rate that regulators are now playing catch up.[4] The balancing act for regulators is to permit wide-usage of the service without taking away its redeeming qualities.

[1] Eversheds Sutherland, Focus on Fintech: The CFPB is Scrutinizing Buy Now Pay Later Products … Read the rest

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ANOTHER GOLD RUSH: THE PROMISE OF CYRPTO AND THE WEALTH GAP

A Note by Amanda Holme

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At the Aspen Security Forum, Gary Gensler, chair of the SEC, compared the state of cryptocurrency regulation to the “Wild West,” noting its lack of investor protection.[1]  Gensler has continued to repeat the “Wild West” metaphor when discussing the challenges and lack of cryptocurrency regulation, which leave individual investors and financial markets vulnerable to fraud.[2] Although the Internal Revenue Service (“IRS”), Financial Crimes Enforcement Network (“FinCEN”), Commodity Futures Trading Commission (“CFTC”), and U.S. Securities and Exchange Commission (“SEC”) have used existing laws to regulate cryptocurrencies, Congress has not enacted legislation specifically targeting them.[3]  Currently, no single U.S. regulatory authority governs private cryptocurrency exchanges.[4] Since the majority of cryptocurrency activity occurs beyond the boundaries of government regulation, Gensler worries about the continued potential for crime, financial instability, and threats to national security.[5]

[1]… Read the rest

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ROBOTS DON’T TAKE BATHROOM BREAKS: ANALYZING THE APPLICABILITY OF CALIFORNIA’S A.B. 701 LEGISLATION IN ILLINOIS

A Note by Kevin Estes

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On September 22, 2021, California Governor Gavin Newsom signed into law A.B. 701[1] intending to further protect the health and safety of warehouse workers in the state of California.[2] Authored by California Assemblywoman Lorena Gonzalez, A.B. 701“strengthen[s] warehouse workers’ rights against arbitrary and abusive work quota systems by requiring companies to disclose work quotas to employees and state agencies, and establish statewide standards to minimize on-the-job injuries for employees working under strict quotas.”[3] Although the bill places restrictions on all single warehouse distribution center with 100 or more employees or 1,000 or more employees at one or more warehouse distribution centers in the state,[4] the bill specifically targets Amazon Inc. and their “extreme high-churn model, continually replacing workers in order to sustain dangerous and grueling work pace demands.”[5] To achieve its purpose, A.B. 701 … Read the rest

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I THINK YOU ARE MUTED, YOUR HONOR: THE RISE OF REMOTE LEGAL PROCEEDINGS AND WHAT IS IN STORE

A Note by Austin Bull

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On October 28, 2021, Mark Zuckerberg announced Facebook’s new focus on the “metaverse.”[1] Facebook and its counterparts now belong to Meta Platforms, Inc. and will emphasize and move toward a virtual reality future.[2] This novel endeavor came about a year and a half after the COVID-19 pandemic forced the world to adapt to new, remote mediums.[3] Digital landscapes became an immediate necessity rather than a distant, futuristic concept.[4] Many industries were affected; the legal sector was no exception.[5]

In an unprecedented fashion, law firms and courtrooms alike moved entirely remote.[6] For the first time, depositions, hearings, and even entire trials were conducted by video conference from participants’ homes.[7] Attorneys and their clients no longer commuted to an office but instead conducted their business through programs such as Zoom or Microsoft Teams.[8]… Read the rest