iiinova — where your digital self keeps evolving

Emory Law Journal @emorylawjournal.bsky.social · 31/08/2026

Congratulations to Beverley Thompson! Her Comment, “Making Environmental Cancer Risk Legally Visible: Legal Epidemiology, Chemical Regulation, and the Failures of Cancer Cluster Investigations,” was recently published in Volume 75 of the Emory Law Journal.

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Emory Law Journal @emorylawjournal.bsky.social · 30/08/2026

Congratulations to Muntasir Ali! His Comment, “A Compulsory License Is Not Enough: How Implementing A Statutory Limit Can Reduce Costs and Increase Creativity in Music Sampling,” was recently published in Volume 75 of the Emory Law Journal.

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Emory Law Journal @emorylawjournal.bsky.social · 29/08/2026

A single stimulation cycle of IVF medications can cost more than $16,000 at retail, and insurance rarely covers it.

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Emory Law Journal @emorylawjournal.bsky.social · 28/08/2026

Recently, 23andMe, the flagship direct-to-consumer (DTC) genetic company filed for bankruptcy, transferring the genetic information of thirteen million customers to the winning bidder, TTAM.

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Emory Law Journal @emorylawjournal.bsky.social · 27/08/2026

Since West Virginia v. EPA, the Supreme Court’s major questions doctrine (“MQD”) has been used to check agency power over questions of “great political or economic significance.” But what about questions viewed as less important?

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Emory Law Journal @emorylawjournal.bsky.social · 26/08/2026

Issue 6, Volume 75 is now live! It features three Articles, one by Professor Ronald J. Krotoszynski, Jr. and the Hon. A. Richard M. Blaiklock; one by Professor Anya Prince; and one by Professor Maybell Romero. It also includes two Comments by Muntasir Ali and Beverley Thompson.

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Emory Law Journal @emorylawjournal.bsky.social · 17/07/2026

Even though a techno-political equilibrium exists today through the symbiosis between neutral social media platforms and the dominant political parties, will the separation of parties and separation of platforms remain unchanged as technology evolves?

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Emory Law Journal @emorylawjournal.bsky.social · 15/07/2026

As social media platforms grow in popularity, the field of digital trust and safety emerged to combat the increasing prevalence of antisocial activity online. But despite trust and safety rapid growth, is it now on the verge of decline?

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Emory Law Journal @emorylawjournal.bsky.social · 13/07/2026

Professor Ganesh Sitaraman has published “The Public Utility Tradition in Antitrust Remedies” in Volume 75 of the Emory Law Journal.

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Emory Law Journal @emorylawjournal.bsky.social · 11/07/2026

Recent statutes and lawsuits have sought to restrict social media or video game design practices that supposedly cause some users to become “addicted.” Are such restrictions consistent with the First Amendment?

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Emory Law Journal @emorylawjournal.bsky.social · 09/07/2026

Professor Brett Frischmann and Professor Peter Ormerod have published "Regulating Manipulative Design Is Not Preempted by CDA 230 or the First Amendment" in Volume 75 of the Emory Law Journal.

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Emory Law Journal @emorylawjournal.bsky.social · 06/07/2026

Issue 5, Volume 75 is now live! It features four Articles, one by Professor Brett Frischmann and Peter Ormerod; one by Professor Eugene Volokh; one by Professor Ganesh Sitaraman; and one by Professor Danielle Citron and Professor Ari Ezra Waldman.

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Emory Law Journal @emorylawjournal.bsky.social · 26/06/2026

Congratulations to Chiazom Ugo-Obi! Her Comment, “Is the Gig Really Up?: Exploring Statutory Protections for Moonlighting Workers,” was recently published in Volume 75 of the Emory Law Journal.

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Emory Law Journal @emorylawjournal.bsky.social · 24/06/2026

Congratulations to Will Knight! His Comment, “When Machines Collude: Rebooting Antitrust Law for the Age of Algorithmic Markets,” was recently published in Volume 75 of the Emory Law Journal.

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Emory Law Journal @emorylawjournal.bsky.social · 22/06/2026

Professor Raj has published “Process Failures, Unremedied Harms, and Students with Disabilities,” in Volume 75 of the Emory Law Journal.

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Emory Law Journal @emorylawjournal.bsky.social · 16/06/2026

Despite the ongoing climate crisis, efforts to facilitate climate regulation have proven unsuccessful. But is there another way to advance climate policy?

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Emory Law Journal @emorylawjournal.bsky.social · 12/06/2026

Professor Peter Lee (of University of California, Davis - School of Law) has published "Techno-Optimism in Innovation Law and Policy" in Volume 75 of the Emory Law Journal.

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Emory Law Journal @emorylawjournal.bsky.social · 30/05/2026

Issue 4, Volume 75 is live! It features three Articles, one by Professor Peter Lee; one by Professor Vanessa Casado-Pérez, Professor Yotam Kaplan, Associate Professor Yael Lifshitz, and Niv Meyerson; and one by Professor Claire Raj.

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Emory Law Journal @emorylawjournal.bsky.social · 08/05/2026

Congratulations to Kayla Winters! Her Comment, “Reframing the SEC’s Disqualification Waiver Decision-Making Process to Protect the Public Interest,” was recently published in Volume 75 of the Emory Law Journal.

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Emory Law Journal @emorylawjournal.bsky.social · 06/05/2026

Congratulations to Charlotte Ramirez! Her Comment, “Litigating the ‘Forever Chemical’ Problem Through the Endangered Species Act,” was recently published in Volume 75 of the Emory Law Journal.

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Emory Law Journal @emorylawjournal.bsky.social · 01/05/2026

Business registration statutes require corporate consent, but can business registration statutes also be coercive? Professor Jason J. Jarvis (of Pepperdine Caruso Law) considers this in “Coerced Corporate Consent,” recently published in Volume 75 of the Emory Law Journal.

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Emory Law Journal @emorylawjournal.bsky.social · 29/04/2026

Policies and practices that allow school staff to publicly name and shame children who have outstanding lunch balances have led to a phenomenon known as “lunch shaming.” But is lunch shaming just a bad educational practice?

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Emory Law Journal @emorylawjournal.bsky.social · 10/04/2026

Although federal health agencies are known as evidence-based institutions designed to protect public health and prevent misinformation, what effect did the introduction of wellness figures to senior health positions have on federal health agencies and the overall health industry?

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Emory Law Journal @emorylawjournal.bsky.social · 31/03/2026

Issue 3, Volume 75 is now live! It features two Articles, one by Professor Ira Robbins and one by Professor Jason Jarvis. It also includes two Comments by Charlotte Ramirez and Kayla Winters. Check out the issue here: scholarlycommons.law.emory.edu/elj/

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Emory Law Journal @emorylawjournal.bsky.social · 23/03/2026

Congratulations to Lourdes A. Perez! Her Comment, “Remedying Labor Violations of the United States–Mexico–Canada Agreement on Both Sides of the Border,” was recently published in Volume 75 of the Emory Law Journal.

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Emory Law Journal @emorylawjournal.bsky.social · 09/03/2026

Congratulations to Mackie S. Garwood! His Comment, “Silver Lining in a Soap Opera: A Boon for Hospital Debtors in the Midst of In re Steward’s Madness,” was recently published in Volume 75 of the Emory Law Journal.

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Emory Law Journal @emorylawjournal.bsky.social · 04/03/2026

Congratulations to Shannon Pickrell! Her Comment, “Ambiguity's Final Auer: Insisting on Consistency After Loper Bright Enterprises,” was recently published in Volume 75 of the Emory Law Journal.

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Emory Law Journal @emorylawjournal.bsky.social · 16/02/2026

After the 2020 protests to replace police in nonviolent incidents, alternative emergency response programs were implemented in cities nationwide. But do alternative emergency response programs act independently from the police?

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Emory Law Journal @emorylawjournal.bsky.social · 10/02/2026

Congratulations to the newly elected Executive Board of Volume 76 of the Emory Law Journal!

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Emory Law Journal @emorylawjournal.bsky.social · 02/02/2026

Federal Rule of Evidence 404 was enacted to ensure that courts focus on charged conduct during a criminal trial rather than a defendant’s character or past behavior. But do courts follow the rule against character evidence?

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Emory Law Journal @emorylawjournal.bsky.social · 16/01/2026

Issue 2, Volume 75 is now live! It features Articles by Professor Bavli and Professor Barsky. It also includes three Comments by Shannon Pickrell, Mackie Garwood, and Lourdes Perez. Check out the issue here: scholarlycommons.law.emory.edu/elj/

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Emory Law Journal @emorylawjournal.bsky.social · 05/01/2026

The Emory Law Journal (ELJ) invites you to register for the 2026 Randolph W. Thrower Symposium on Thursday, February 5, 2026. Register here: bit.ly/2026Thrower

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Emory Law Journal @emorylawjournal.bsky.social · 15/12/2025

Congratulations to Claire Pellegrin, the Editor-in-Chief of Emory Law Journal! Her Comment, “Ditching Deference: Redefining Particular Social Groups in the Wake of Loper Bright,” was recently published in Volume 75 of the Emory Law Journal.

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Emory Law Journal @emorylawjournal.bsky.social · 08/12/2025

Congratulations to Lauren Weinsier! Her Comment, “Dancing Around the Double-Edged Sword: Understanding the Role of the Funding Agreement in Texas Two-Step Dismissals,” was recently published in Volume 75 of the Emory Law Journal. Check it out here: scholarlycommons.law.emory.edu/elj/vol75/is...

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Emory Law Journal @emorylawjournal.bsky.social · 20/11/2025

Congratulations to Hannah Behar! Her Comment, “A Haven for Polluters: Examining CERCLA Successor Liability Under State Law,” was recently published in Volume 75 of the Emory Law Journal. Check it out here: scholarlycommons.law.emory.edu/elj/vol75/is...

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Emory Law Journal @emorylawjournal.bsky.social · 17/11/2025

As modern speech rapidly shifts to online platforms, what effect do Big Tech intermediaries have on an individual’s right to free speech?

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Emory Law Journal @emorylawjournal.bsky.social · 07/11/2025

Professor Danielle Jefferis recently published “Our Progressively Brutal Constitution: A Legal Expressivist Account of the Excessive Force Doctrine,” in Volume 75 of the Emory Law Journal.

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Emory Law Journal @emorylawjournal.bsky.social · 01/11/2025

Issue 1, Volume 75 is now live! It features Articles by Professor Danielle Jefferis and Professor Khaled Beydoun. It also includes three Comments by Hannah Behar, Lauren Weinsier, and Claire Pellegrin. Check out the issue here: scholarlycommons.law.emory.edu/elj/

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Emory Law Journal @emorylawjournal.bsky.social · 03/10/2025

Issue 6 of Volume 74 is live! Issue 6 features two articles: "Rethinking Misdemeanor Incompetence" by Professor Susan McMahon of University of California, Irvine School of Law and "Privileging Genetic Privacy" by Professor Natalie Ram of University of Maryland Francis King Carey School of Law.

The blue cover of Emory Law Journal Volume 74, Issue 6. White text lists the articles and comments in the issue. The issue features two articles: "Rethinking Misdemeanor Incompetence" by Susan McMahon and "Privleging Genetic Privacy" by Natalie Ram. It also has two comments: "Defying Goldilocks: Why the FLSA Collective Actiion Notice Standard Set Forth in Lusardi is "Just Right"" by Maguire Tausch and "The Revolution Continues: Revitilizing the Implied Warranty of Habitability with Presumed General Damages" by Thomas Furlong

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Emory Law Journal @emorylawjournal.bsky.social · 28/08/2025

We are pleased to introduce Volume 75 of the Emory Law Journal! We look forward to the contributions the incoming Staff Editors will make to further ELJ’s tradition of quality legal scholarship.

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Reposted by Emory Law Journal

Emory Law Journal @emorylawjournal.bsky.social · 23/07/2025

The Emory Law Journal is reopening submissions for Volume 75 on August 1, 2025, through Scholastica. All submissions will be considered on a rolling basis. We look forward to reviewing your articles for publication in the Spring of 2026!

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Emory Law Journal @emorylawjournal.bsky.social · 23/07/2025

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Emory Law Journal @emorylawjournal.bsky.social · 20/07/2025

Issue 5 of Volume 74 is live! Issue 5 features pieces from the 2024 Randolph W. Thrower Symposium. The Symposium was entitled "The Promise and Challenge of Artificial Intelligence in the Information Age." scholarlycommons.law.emory.edu/elj/vol74/is...

A blue cover with white text that reads, "Emory Law Journal, Volume 74, Number 5, 2025." The pieces of Issue 5 are listed in order, as follows:
"Technological Readiness Versus Disruption: A Framework for Assessing Distinct Artificial Intelligence Policy Strategies" by Orly Lobel; "Civil Society and the Crisis of Privacy Law" by Ari Ezra Waldman; "A Deep Look at Copyright’s Volitional Conduct Doctrine and Generative Artificial Intelligence" by Aleksander J. Goranin; "The Globalization of Copyright Exceptions for AI Training" by Matthew Sag and Peter K. Yu; "How Theories of Art Can Inform Debates About AI" by Jessica Silbey; "Clinicians in the Loop of Medical AI" by W. Nicholson Price II; and "A Comprehensive Labeling Framework for Artificial Intelligence (AI)/Machine Learning (ML)-Based Medical Devices: From AI Facts Labels to a Front-of-Package AI Labeling System — Lessons Learned from Food Labeling" by Sara Gerke.

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Emory Law Journal @emorylawjournal.bsky.social · 14/06/2025

Two more student-run journals have joined Bluesky! Welcome @stanlrev.bsky.social and @nyujlpp.bsky.social! Check out the starter pack of student-run journals and the list (a feed compiling all posts from such journals)! Starter Pack: go.bsky.app/SjT51yY List: bsky.app/profile/did:...

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Emory Law Journal @emorylawjournal.bsky.social · 09/06/2025

How is online gambling changing the ability of tribes to raise revenue and preserve their sovereignty? Tribal casinos are a vital source of revenue for many Indigenous communities, but what you might not realize is that outdated federal law threatens their future.

Cover of the Emory Law Journal: dark blue with white text that reads "Access or Sovereignty" by John T. Holden

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Emory Law Journal @emorylawjournal.bsky.social · 29/05/2025

To bring a claim in federal court, a plaintiff must demonstrate an injury-in-fact. But, this is extremely difficult in health data breach cases. Often, courts focus on economic harms, disregarding the profound noneconomic harms of such a breach. Kayla O'Brien considers in ELJ.

ndividuals’ health information is increasingly at risk of data breaches as healthcare providers adopt health information technologies and individuals use digital devices and applications to log their health data. The frequency of data breaches involving health information has escalated year after year, and, as a result, more individuals are seeking recourse in federal court. To proceed in federal court, however, these individuals must have Article III standing, and meeting the injury-in-fact requirement to confer standing has been a difficult hurdle for plaintiffs in data breach cases to overcome. Federal courts have narrowly interpreted what constitutes a concrete harm stemming from data breaches, disregarding the noneconomic harms faced by plaintiffs and focusing almost exclusively on economic harms, such as identity theft and credit card fraud, as sufficient to constitute an injury-in-fact. This narrow interpretation fails to acknowledge the sensitive, immutable nature of individuals’ health information and threatens individuals’ ability to enforce privacy rights.

This Comment argues that federal courts should broaden their interpretation of injury-in-fact in data breach cases involving protected health information. It proposes that federal courts shift their analytical framework for evaluating injury-in-fact by expanding their recognition of intangible harms that result from both the threat of misuse of compromised data and the mere fact that the data has been compromised. Moreover, Congress should amend HIPAA to include a private right of action, and the U.S. Department of Health and Human Services should broaden the definition of entities that must comply with HIPAA regulations. These measures will empower victims of data breaches to seek redress for harms stemming from their exposed health data, enforcing their right to privacy.

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Emory Law Journal @emorylawjournal.bsky.social · 13/05/2025

Professors Daryl Lim (of Penn State Dickinson Law) and Peter K. Yu (of Texas A&M University School of Law) have published “The Antitrust-Copyright Interface in the Age of Generative Artificial Intelligence” in Volume 74 of the Emory Law Journal.

The abstract of "The Antitrust-Copyright Interface" by Daryl Lim and Peter K. Yu: "The U.S. government’s antitrust actions against Big Tech have recently surged in response to the growing dominance of Amazon, Apple, Google, Meta, and Microsoft. In fall 2023, the Federal Trade Commission filed a controversial submission in response to the U.S. Copyright Office’s request for comments on artificial intelligence (AI) and copyright. The agency’s submission hinted at its eagerness to fully deploy its enforcement powers in the AI sector, including targeting AI developers that have used copyrighted works without authorization to train AI models. This Article examines the changing interface of antitrust and copyright law in the age of generative AI. It argues that this interface faces new complications in two directions: technological and ideological. Technologically, the structural elements antitrust law aims to regulate are key to the success of AI developers. Ideologically, antitrust law, in recent years, has been confronted with a policy shift from the once dominating Chicago School to the Neo-Brandeisian School. The Article then highlights copyright’s oft-overlooked competition policy. It identifies several built-in procompetitive safeguards, such as fair use, the idea-expression dichotomy, the first sale doctrine, compulsory licenses, and the copyright misuse doctrine. The second half of this Article makes the case against antitrust intervention at this nascent stage of AI development. It discusses how such intervention could stifle the growth of the AI sector, change longstanding antitrust principles, upset copyright’s internal balance, and generate unintended global consequences. This Article concludes with a five-pronged strategy for reconfiguring the antitrust-copyright interface and reducing the tensions between antitrust and copyright law."

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Emory Law Journal @emorylawjournal.bsky.social · 11/05/2025

Congratulations to ELJ's Volume 74 Editorial Board on their graduation from @emorylaw.bsky.social today! It has been an incredible year, with more pieces from Volume 74 still to come. Join us in congratulating this incredible group!

The Editorial Board of Emory Law Journal, Volume 74.

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Emory Law Journal @emorylawjournal.bsky.social · 09/05/2025

Issue 4 of Volume 74 is live! It features two articles: "The Antitrust-Copyright Interface in the Age of Generative Artificial Intelligence" by Daryl Lim (of Penn State) and Peter Yu (of Texas A&M); and "Access or Sovereignty" by John Holden (of Indiana).

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