Richmond Journal of Law and Technology

The first exclusively online law review.

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Gifford v. Sheil: Can an Influencer Own an Aesthetic?

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On September 28, 2025

In Blog Posts

Gifford v. Sheil: Can an Influencer Own an Aesthetic?

By: Shoham Lewin

As an increasing number of companies use social media influencers as part of their marketing strategy, the influencer industry is valued at approximately $250 billion.[1] Within this multi-billion dollar industry, influencers compete for lucrative brand deals, each using their aesthetic to distinguish themselves.[2] A recent case out of Texas has raised the question of whether these creators legally own their social media aesthetic and, consequently, whether they can utilize intellectual property law to stop other creators from using that same aesthetic.[3]

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Robo-Lawyers: Is The Legal Profession at Risk?

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On September 23, 2025

In Blog Posts

Robo-Lawyers: Is The Legal Profession at Risk?

By: Coles Owens

Artificial intelligence (“AI”) is increasingly being used in the legal field, and many seem to be asking the same question: Will AI mark the beginning of the end for attorneys as we know them?[1]

On one hand, AI can increase efficiency and improve the quality of work produced[2] while reducing attorneys’ workloads, costs of litigation, and hours.[3] AI tools speed up the processes of recording and analyzing information provided by clients, contract analysis, document summarization, and case research.[4] AI is also being used to inform bail and sentencing decisions by judges.[5] Lawyers being able to complete tasks faster by using AI may drive the price of legal services down, making them more accessible and affordable.[6] This multitude of benefits has led to 79% of law firms surveyed by Barone Defense Firm reporting use of some form of AI technology in their work.[7]

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TikTok Bans and National Security: Can the U.S. Actually Ban an App?

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On September 11, 2025

In Blog Posts

TikTok Bans and National Security: Can the U.S. Actually Ban an App?

By: Camilla Sidiqi

Just when we thought the fear of losing TikTok was behind us, here we are again, facing that same uncertainty. With a September 17th deadline looming, ByteDance has been ordered to sell TikTok to an American company or risk being banned in the U.S.[1] The clock is ticking, and while some dismiss this as another political stunt, others are wondering: Can the government really do this? Does this not violate my First Amendment rights? If you are asking those questions, you are not alone—I have been thinking the same thing. So let me break it down: does the U.S. government actually have the power to ban an app, and what does this mean for the future of digital platforms?

 

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Sweet Deal or Sweet Scam? How Honey is Allegedly Hurting Content Creators’ Commissions

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On March 7, 2025

In Blog Posts

Sweet Deal or Sweet Scam? How Honey is Allegedly Hurting Content Creators’ Commissions

By: Anneliese McInniscoiny-paypal-1-dragged-e1684957590871.jpg

About 17 million consumers have downloaded Honey, PayPal’s free browser extension that finds the “best” deals and coupons to help you save money.[1] However, under Honey’s sweet facade lies an alleged commission-poaching scheme that has harmed content creators, influencers, and bloggers who earn revenue from online-shoppers using their affiliate links.[2]

Many content creators earn commission through product promotion and rely on affiliate marketing to generate revenue.[3] Affiliates earn commission by generating sales from consumers who use the affiliate’s assigned link.[4] Affiliates get credit for referring customers through tracking technology, which most people know as cookies.[5] “When a consumer clicks on an affiliate link, a cookie is placed in their browser. If that consumer makes a purchase, the affiliate responsible for the last-clicked link earns a commission.”[6] This model is called “last-click attribution.”[7]

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Building a Digital Future: Is America Ready for a Federal Digital Bill of Rights?

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On March 7, 2025

In Blog Posts

Building a Digital Future: Is America Ready for a Federal Digital Bill of Rights?

By: Evan Lees

In 2014, the Supreme Court issued a landmark ruling in Riley v. California, mandating that law enforcement obtain a warrant before searching digital information and underscoring the critical need for privacy protections in the digital age.[1]

With the rise of data breaches, expansion of Big Tech companies, and continued advancement of technology designed to steal online information, Americans are now desperate for a modern legal framework to protect their rights online. A study conducted by Ipsos found that “over 80% of Americans were concerned with the safety and privacy of their online data. Another study found that over 70% of Americans support establishing national standards for how companies collect personal data and support treating data privacy for individuals as a national security threat.”[2]

A nationwide digital bill of rights could be the solution.

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Why Do Companies Get to Profit Off My Period Cramps?

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On February 17, 2025

In Blog Posts

Why Do Data Companies Get to Profit Off My Period Cramps?

By: Mollie Turczyn

Data autonomy is premised on the ideology of having free control over your own actions, beliefs, and desires.[1] Generally speaking, autonomy provides a safe space for individuals to experiment with a set of choices instead of being confined to a singular result.[2] As such, individuals are able to think freely, form their own opinion, and make the choice that best aligns with their own belief system without fear of punishment.[3] Thus, autonomy is a key cornerstone of a democratic society.[4] Therefore, a democratic society is threatened when the government eliminates the set of choices to the point there is only one outcome to which an individual is confined.[5]

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Is Time up on TikTok?

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On February 17, 2025

In Blog Posts

Is Time Up for TikTok?

By: Rebecca Herzog

With over 170 million U.S. users, TikTok has a chokehold on the American public.[1]  Although the popular social media platform has had immense success, it has also faced years of controversy and criticism in the United States. The U.S. government has fought across presidential administrations to either ban or force the sale of the app to an American company.  This post examines the use of an executive order to force a sale and what such an order might mean for the future of TikTok and U.S. government compliance.

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Living in a Fantasy: How Fantasy Sports Leagues Circumvent Most Gambling Laws

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On February 2, 2025

In Blog Posts

Living in a Fantasy: How Fantasy Sports Leagues Circumvent Most Gambling Laws

By: Nadia Farashahi

fantasy sports betting

In the past decade or two, the way people engage with sports has shifted from physical participation to digital experiences. Technology has enabled fans to incorporate both professional and amateur events in their personal entertainment.[1] Many people are acquainted with betting on game outcomes in the style of Las Vegas. Now, modern technologies have also “facilitated vicarious involvement by allowing sports fans to become ‘part of the action’ by engaging in fantasy sports.”[2] Fantasy sports leagues are contests where participants compete against one another using fictional teams. These fictional teams are “arranged in virtual leagues and are comprised of actual athletes who are deemed to ‘play’ for them.”[3] Outcomes are based on preset scoring systems linked to the statistical performance of players in actual sporting events.[4]

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Strategic Patenting Stifles Antibiotic Innovation

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On January 30, 2025

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Strategic Patenting Stifles Antibiotic Innovation

By: Brian Wilmans

Antibiotics are one of humanity’s greatest discoveries. They’ve made it possible to eradicate instances where a cut on a finger could turn fatal due to bacterial infection.

However, today, antibiotics are losing their efficacy. The CDC tracked seven different strains of antibiotic-resistant bacteria from 2019-2022, and six out of the seven increased their prevalence by 20 percent.[1] Overprescription of antibiotics is certainly a contributing factor in the increase in resistance, but another factor is the decreased number of new antibiotic classes being brought to market. Since the first antibiotic, penicillin, was discovered in 1940, the largest gap between new types of antibiotics being invented had been 13 years.[2] We are now in year 15 since the last novel class of antibiotic was created. There are myriad reasons for that, from funding for R&D to decreased profit margin for pharmaceutical companies. However, another reason for it that may be more on the periphery: pharmaceutical companies’ practice of strategic patenting.

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