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Articles 1 - 8 of 8
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Hardball In City Hall: Public Financing Of Sports Stadiums, Roger I. Abrams
Hardball In City Hall: Public Financing Of Sports Stadiums, Roger I. Abrams
Pace Intellectual Property, Sports & Entertainment Law Forum
Roger I. Abram’s article on public financing of sports stadiums is an unedited portion of Chapter 9 from Abram’s forthcoming book, Playing Tough: The World of Sports and Politics, published by University Press of New England (2013).
Fair Or Foul: When Does Media Accusation Of Performance Enhancing Drug Use Become Tortious?, Richard T. Ward Iii
Fair Or Foul: When Does Media Accusation Of Performance Enhancing Drug Use Become Tortious?, Richard T. Ward Iii
Pace Intellectual Property, Sports & Entertainment Law Forum
The Steroids Era in baseball refers to the recent period in the MLB where many players and trainers have been found guilty or been implicated in the use of performance enhancing drugs which leads to sharp increases in player talent. The stigma associated with PED use, and also any other form of cheating, has proven to be a fast track to shame in the world of Major League Baseball. This article addresses the current state of defamation law in New York and the Federal Courts by analyzing the recent statement made by Skip Bayless concerning use of Performance Enhancing Drugs …
Apple V. Samsung: Design Protection And Consumers, Nidhi Garg
Apple V. Samsung: Design Protection And Consumers, Nidhi Garg
Pace Intellectual Property, Sports & Entertainment Law Forum
Nidhi Garg writes an article about how design patent protection affects product lines and the average consumer. The analysis is done in light of the case between Apple and Samsung over patents relating to iPhones and iPads. The article focuses on design patent protection and how it has evolved over history. After an analysis of the laws, regulation, and case law related to design patents the article describes how consumers are affected by such changes. More particularly, how overreaching design patent protection may improve product lines and/or decrease innovation and product selection.
A Sure Thing? Online Gaming And Canada, Ryan M. Rodenberg, John T. Holden
A Sure Thing? Online Gaming And Canada, Ryan M. Rodenberg, John T. Holden
Pace Intellectual Property, Sports & Entertainment Law Forum
The legal status of gaming activities on First Nations land within Canada is complicated. The foci of this paper are two-fold. First, we trace the origin and expansion of First Nations gaming. Second, we analyze the potential of First Nations as hubs for the growing global e-gaming industry, with an emphasis on Internet poker and online sports wagering. We conclude by positing that the Canadian regulatory scheme presents an opportunity to First Nations in connection with e-gaming.
When Copyright Can Kill: How 3d Printers Are Breaking The Barriers Between “Intellectual” Property And The Physical World, Matt Simon
Pace Intellectual Property, Sports & Entertainment Law Forum
This article examines copyright’s applicability to 3D printing technology, by analyzing the facts surrounding the (formerly) proposed development of a fully 3D printable firearm. Critical to this analysis however, is an understanding of how copyright has traditionally protected intellectual property, and why 3D printers do not fit into this conventional framework. As 3D printing is advancing at an extraordinarily rapid rate, any discussion of this topic would be incomplete without reference to the “moving target” that is 3D printing technology. In the short time between when this article was initially submitted for evaluation to the PIPSELF Law Forum in December …
Separation Of Sport And State: The Federal Government’S Involvement In Major League Baseball’S Drug Testing Program, Anthony F. Iliakostas
Separation Of Sport And State: The Federal Government’S Involvement In Major League Baseball’S Drug Testing Program, Anthony F. Iliakostas
Pace Intellectual Property, Sports & Entertainment Law Forum
Major League Baseball has been one of the premier major sports leagues in taking action and putting an end to the use of performance-enhancing drugs in baseball. Entering its eighth year, Major League Baseball has implemented and improved its drug-testing policy. However, with congressional hearings on the use of steroids and other drugs in baseball along with federal investigations, there is a lingering worry that the government is intervening in Major League Baseball's drug testing program. In this article, Anthony Iliakostas breaks down Major League Baseball's drug testing program and how the U.S. government has gotten involved. The article concludes …
New Jersey Vs. The Paragons Of Society: I’Ll Bet On New Jersey Invalidating Paspa, Levi Glick
New Jersey Vs. The Paragons Of Society: I’Ll Bet On New Jersey Invalidating Paspa, Levi Glick
Pace Intellectual Property, Sports & Entertainment Law Forum
Levi Glick writes an article on the Professional and Amateur Sports Protection Act (“PASPA”), which in effect prohibits state-sanctioned sports betting within the United States. His article addresses the efforts by the State of New Jersey to establish state-sanctioned sports betting within the state, and the subsequent legal challenges brought forth by the professional sports leagues. He focuses on the legal arguments that New Jersey leveled in challenging the leagues’ alleged claims. He also focuses on the Constitutional arguments that weigh in favor of finding PASPA unconstitutional, as well as the public policy arguments for repealing it.
Fifty Shades Of Transformation, Danielle Meeks
Fifty Shades Of Transformation, Danielle Meeks
Pace Intellectual Property, Sports & Entertainment Law Forum
Danielle Meeks explores the recent trend of publishing fan fiction, brought to the forefront by the popularity of the Fifty Shades trilogy. Creating a work within another author's copyrighted fictional universe for profit is analyzed under the fair use doctrine and by comparing substantial similarities between Fifty Shades and the Twilight series to determine if the trilogy is transformative enough to survive a potential lawsuit.