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Claremont Law & Business Review

Publications


Reinterpreting Safe Harbor: Efforts to Reform Section 230 of the Communications Decency Act
Section 230 of the Communications Decency Act of 1996 is widely regarded as the cornerstone of the modern internet’s regulatory framework. Its Safe Harbor provision grants platforms immunity from liability for what their users generate under subsections (c)(1) and (c)(2), while at the same time permitting them to moderate material deemed ‘objectionable’ in ‘good faith’.
Asher Engelberg
Jan 2


Henry, et al. v. Brown University, et al. - The Sherman Antitrust Act and Higher Education
Henry, et al. v. Brown University, et al., opened July 7, 2022, is a civil antitrust suit brought before the United States District Court for the Northern District of Illinois. The suit implicates 17 elite, private universities in a conspiracy to participate in a price-fixing cartel designed to reduce or eliminate financial-aid as a locus of competition amongst conspirators. In doing so, the suit claims the defendants, elite universities such as Brown, Duke, MIT, Chicago, and
Theodore Evison
Jan 1, 2025


Garland v. VanDerStok: Statutory Interpretation in a Post-Chevron Era
Are “ghost guns” subject to the authority of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) under the Gun Control Act of 1968 (GCA)? The Supreme Court will settle this dispute later this term as they deliberate on Garland v. VanDerStok. The case, which presents a query into statutory interpretation, ponders whether the ATF violated its statutory authority by implementing novel rules in 2022 regarding the definition of a firearm. This article provides a backgro
Elizabeth Barry
Jan 1, 2025


Generative AI: Fair Use Laws and Copyright Challenges
The purpose of this paper is to examine the risks that generative AI poses to copyright and fair use laws while offering direction for aligning copyright protections with emerging AI technologies. The first section of this paper offers a pointed legal analysis of the Fair Use Doctrine and its provisions, examining its application to generative AI to determine whether it constitutes an exception to fair use.
Logan Fang
Jan 1, 2025
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