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Articles 1 - 30 of 30
Full-Text Articles in Entire DC Network
Who Owns Your Name? The Trend And Economic Impact Of Personal Trademarks In The Ncaa Nil Aftermath, Daniel Foster
Who Owns Your Name? The Trend And Economic Impact Of Personal Trademarks In The Ncaa Nil Aftermath, Daniel Foster
The Journal of Business, Entrepreneurship & the Law
To aid in understanding the prevalence of personal athlete logos and the trend of ownership and design, Section II will outline the history of this area of trademark law in the United States. It will provide background on the theory of trademark ownership and the development of this intellectual property discipline in the athletic and celebrity sphere. Section II will look at the two common and distinct processes, a company-designed logo versus an athlete-designed logo, and the modern trends in this area. Moving on from this historical discussion, Section III will examine the 2021 decision of NCAA v. Alston, the …
The Clash Between Terrestrial And Digital Radio: Pinned By The Music Modernization Act, Dianlyn Cenidoza
The Clash Between Terrestrial And Digital Radio: Pinned By The Music Modernization Act, Dianlyn Cenidoza
Seattle University Law Review
Copyright law, specifically music licensing, has long been outdated due to changes in the way people listen to music. With the proliferation of technology, listeners can now enjoy music via channels that did not exist just a few decades ago. As a consequence, music creators have faced years of economic inequality. Songwriters, artists, and musicians have fought a long, and often fruitless, battle for justice—legislation that would change music law for the better has continuously been struck down. However, in 2018, the Music Modernization Act (MMA) was signed into law, representing a battle won for music creators. This Comment will …
A 2016 Copa America Bump For Major League Soccer? Strengthening The Case For Legal Action Arising From The Corrupted 2022 World Cup Bid, Jeff Todd, R. Todd Jewell
A 2016 Copa America Bump For Major League Soccer? Strengthening The Case For Legal Action Arising From The Corrupted 2022 World Cup Bid, Jeff Todd, R. Todd Jewell
William & Mary Business Law Review
Governmental and private investigations have generated evidence of corruption in the bidding process to host the 2022 FIFA World Cup, which went to Qatar rather than the United States. One economic study has shown an increase in professional soccer attendance in European countries that host the World Cup and the European Championships. Accordingly, Major League Soccer and its investor-operators could pursue tort and unfair competition claims to argue that denial of a 2022 World Cup USA will result in lowered attendance, and thus lost profits and diminished business value. Key differences in American and European soccer leagues and sports markets …
Game Over For First Sale, Stephen J. Mcintyre
Game Over For First Sale, Stephen J. Mcintyre
Stephen J McIntyre
Video game companies have long considered secondhand game retailers a threat to their bottom lines. With the next generation of gaming consoles on the horizon, some companies are experimenting with technological tools to discourage and even prevent gamers from buying and selling used games. Most significantly, a recent patent application describes a system for suppressing secondhand sales by permanently identifying game discs with a single video game console. This technology flies in the face of copyright law’s “first sale” doctrine, which gives lawful purchasers the right to sell, lease, and lend DVDs, CDs, and other media. This Article answers a …
A Tale Of Three Hoaxes: When Literature Offends The Law, Molly Guptill Manning
A Tale Of Three Hoaxes: When Literature Offends The Law, Molly Guptill Manning
Articles & Chapters
No abstract provided.
Introduction To Creation Without Restraint: Promoting Liberty And Rivalry In Innovation, Christina Bohannan, Herbert J. Hovenkamp
Introduction To Creation Without Restraint: Promoting Liberty And Rivalry In Innovation, Christina Bohannan, Herbert J. Hovenkamp
All Faculty Scholarship
This document contains the table of contents, introduction, and a brief description of Christina Bohannan & Herbert Hovenkamp, Creation without Restraint: Promoting Liberty and Rivalry in Innovation (Oxford 2011).
Promoting rivalry in innovation requires a fusion of legal policies drawn from patent, copyright, and antitrust law, as well as economics and other disciplines. Creation Without Restraint looks first at the relationship between markets and innovation, noting that innovation occurs most in moderately competitive markets and that small actors are more likely to be truly creative innovators. Then we examine the problem of connected and complementary relationships, a dominant feature of …
The Future Of Music: Reconfiguring Public Performance Rights, Gary Myers, George Howard
The Future Of Music: Reconfiguring Public Performance Rights, Gary Myers, George Howard
Faculty Publications
This article focuses on two concrete measures to improve the music industry prognosis. Public performance rights have long been an important piece of the economic pie that helps support the music business. This article suggests that the scope of public performance rights should be fundamentally reassessed and expanded. This expansion involves two specific and complementary reconfigurations.
Governing Gambling In The United States, Maria E. Garcia
Governing Gambling In The United States, Maria E. Garcia
CMC Senior Theses
The role risk taking has played in American history has helped shape current legislation concerning gambling. This thesis attempts to explain the discrepancies in legislation regarding distinct forms of gambling. While casinos are heavily regulated by state and federal laws, most statutes dealing with lotteries strive to regulate the activities of other parties instead of those of the lottery institutions. Incidentally, lotteries are the only form of gambling completely managed by the government. It can be inferred that the United States government is more concerned with people exploiting gambling than with the actual practice of wagering.
In an effort to …
Opportunism, Uncertainty, And Relational Contracting - Antitrust Rules In The Film Industry, Ryan M. Riegg
Opportunism, Uncertainty, And Relational Contracting - Antitrust Rules In The Film Industry, Ryan M. Riegg
Ryan M. Riegg
Who Owns The Key To The Vault? Hold-Up, Lock-Out, And Other Copyright Strategies, Andrea Pacelli
Who Owns The Key To The Vault? Hold-Up, Lock-Out, And Other Copyright Strategies, Andrea Pacelli
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Are We All Dopes? A Behavioral Law And Economics Approach To Legal Regulation Of Doping In Sports, Shayna M. Sigman
Are We All Dopes? A Behavioral Law And Economics Approach To Legal Regulation Of Doping In Sports, Shayna M. Sigman
Marquette Sports Law Review
No abstract provided.
Are We All Dopes? A Behavioral Law & Economics Approach To Legal Regulation Of Doping In Sports, Shawn Crincoli
Are We All Dopes? A Behavioral Law & Economics Approach To Legal Regulation Of Doping In Sports, Shawn Crincoli
Scholarly Works
No abstract provided.
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
Through The Looking Glass: Runaway Productions And "Hollywood Economics", Adrian H. Mcdonald
Through The Looking Glass: Runaway Productions And "Hollywood Economics", Adrian H. Mcdonald
ExpressO
This paper uses the issue of runaway production as a looking glass into the complex world of Hollywood economics and politics. As such, a broad overview of Hollywood's business practices, history, and technology are discussed so the reader can understand how runaway production (a major issue itself) is one piece of the Hollywood puzzle. Specifically, this paper attempts to study runaway productions from the Law and Economics approach described in Judge Richard Posner's text on the subject. Events in 2006 illustrate the continuing importance of runaway productions and CEIDR's August 2006 report is discussed in this paper.
Recently expanded, this …
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
ExpressO
This brief comment suggests where the anti-eminent domain movement might be heading next.
Final Offer Arbitration In The New Era Of Major League Baseball, Spencer B. Gordon
Final Offer Arbitration In The New Era Of Major League Baseball, Spencer B. Gordon
ExpressO
This article provides a comprehensive analysis of the economic, athletic, and social impact of final offer salary arbitration in Major League Baseball (“MLB”). The article delves into the motivations, fluctuations, and evolution of the player-owner relationship and free agency. The commentary then focuses on the distinguishing features and intricacies of final offer arbitration. Although salary arbitration in the context of Major League Baseball is a topic oft discussed in the law review setting, the analysis rarely reaches the level exhibited in this article. Moreover, most articles on the subject were written between 1996 and 2000 when the 1994 players’ strike …
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
Keeping Score: The Struggle For Music Copyright, Michael W. Carroll
Keeping Score: The Struggle For Music Copyright, Michael W. Carroll
ExpressO
Inspired by the passionate contemporary debates about music copyright, this Article investigates how, when, and why music first came within copyright's domain. Although music publishers and recording companies are among the most aggressive advocates for strong copyright protection today, when copyright law was first invented in eighteenth-century England, music publishers resisted its extension to music. This Article sheds light on a series of early legal disputes concerning printed music that yield important insights into original understandings of copyright law and music's role in society. By focusing attention on this understudied episode, this Article demonstrates that the concept of copyright was …
Understanding The Market For Celebrity: An Economic Analysis Of The Right Of Publicity, Vincent M. De Gradpre
Understanding The Market For Celebrity: An Economic Analysis Of The Right Of Publicity, Vincent M. De Gradpre
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Start-Up Sports Leagues: Why These Leagues Are Entitled To Use The Ruinous Competition Defense To Justify Anticompetitive Restraints, Marc P. Schwartz*
Start-Up Sports Leagues: Why These Leagues Are Entitled To Use The Ruinous Competition Defense To Justify Anticompetitive Restraints, Marc P. Schwartz*
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Labor Pains: Why Contraction Is Not The Solution To Major League Baseball’S Competitive Balance Problems, Bryan Day
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Shaking Up The Line-Up: Generating Principles For An Electrifying Economic Structure For Major League Baseball, Jason B. Myers
Shaking Up The Line-Up: Generating Principles For An Electrifying Economic Structure For Major League Baseball, Jason B. Myers
Marquette Sports Law Review
No abstract provided.
The Political Economy Of Sports Facility Location: An End-Of-The-Century Review And Assessment, Tim Chapin
The Political Economy Of Sports Facility Location: An End-Of-The-Century Review And Assessment, Tim Chapin
Marquette Sports Law Review
No abstract provided.
The Economics Of Sports Leagues And The Relocation Of Teams: The Case Of The St. Louis Rams, Franklin M. Fisher, Christopher Maxwell, Evan Sue Schouten
The Economics Of Sports Leagues And The Relocation Of Teams: The Case Of The St. Louis Rams, Franklin M. Fisher, Christopher Maxwell, Evan Sue Schouten
Marquette Sports Law Review
No abstract provided.
Applying Antitrust Law To Ncaa Regulation Of "Big Time" College Athletics: The Need To Shift From Nostalgic 19th And 20th Century Ideals Of Amateurism To The Economic Realities Of The 21st Century, Matthew J. Mitten
Marquette Sports Law Review
No abstract provided.
Protecting Universities' Economic Interests: Holding Student-Athletes And Coaches Accountable For Willful Violations Of Ncaa Rules, Kevin Stangel
Protecting Universities' Economic Interests: Holding Student-Athletes And Coaches Accountable For Willful Violations Of Ncaa Rules, Kevin Stangel
Marquette Sports Law Review
No abstract provided.
The Economics Of Sports Leagues - The Chicago Bulls Case, Franklin M. Fisher, Christopher Maxwell, Evan Sue Schouten
The Economics Of Sports Leagues - The Chicago Bulls Case, Franklin M. Fisher, Christopher Maxwell, Evan Sue Schouten
Marquette Sports Law Review
No abstract provided.
Browns To Baltimore: Franchise Free Agency And The New Economics Of The Nfl, Sanjay Jose' Mullick
Browns To Baltimore: Franchise Free Agency And The New Economics Of The Nfl, Sanjay Jose' Mullick
Marquette Sports Law Review
No abstract provided.
The Legal Concept Of Professional Sports Leagues: The Commissioner And An Alternative Approach From A Corporate Perspective, Gregor Lentze
The Legal Concept Of Professional Sports Leagues: The Commissioner And An Alternative Approach From A Corporate Perspective, Gregor Lentze
Marquette Sports Law Review
No abstract provided.
Authors' Moral Rights In Non-European Nations: International Agreements, Economics, Mannu Bhandari, And The Dead Sea Scrolls, Jeffrey M. Dine
Authors' Moral Rights In Non-European Nations: International Agreements, Economics, Mannu Bhandari, And The Dead Sea Scrolls, Jeffrey M. Dine
Michigan Journal of International Law
This note undertakes to examine authors' moral rights in non-European countries. Section I will provide a brief comparative description of moral rights. Section II will discuss the treatment of moral rights in the Berne convention and the TRIPS agreement. Section III will then examine moral rights law in India and Israel, and two important cases from these nations, Mannu Bhandari v. Kala Vikas Pictures from India, and Qimron v. Shanks, from Israel. Mannu Bhandari deals with an author's moral right in the film adaptation of her work, Qimron with the moral rights of a scholar in the reconstruction of one …