Open Access. Powered by Scholars. Published by Universities.®
- Keyword
- Publication
- Publication Type
Articles 1 - 7 of 7
Full-Text Articles in Law
The Exclusive Right To Customize?, Mark A. Lemley, Sari Mazzurco
The Exclusive Right To Customize?, Mark A. Lemley, Sari Mazzurco
Faculty Journal Articles and Book Chapters
Artists, political commentators, and even multinational corporations are increasingly taking existing branded products and modifying them – sometimes to comment on the underlying product, sometimes to make a political or artistic statement unrelated to that product, sometimes to make them look fancier than they are, and sometimes for their own advertising purposes. As ornamenting and customizing existing products has shifted from a personal hobby to a business model, trademark owners have begun to insist that they have the exclusive right to control the appearance of products associated with them or that prominently bear their logos. We call this assertion a …
International Art And Cultural Heritage, Patty Gerstenblith, Jacqueline Farinella, David Bright, Kevin Ray
International Art And Cultural Heritage, Patty Gerstenblith, Jacqueline Farinella, David Bright, Kevin Ray
The Year in Review
No abstract provided.
Time’S Up: A Call To Eradicate Ncaa Monopsony Through Federal Legislation, Ashley Jo Zaccagnini
Time’S Up: A Call To Eradicate Ncaa Monopsony Through Federal Legislation, Ashley Jo Zaccagnini
SMU Law Review Forum
Few traditions are as near and dear to the hearts of Americans as college athletics. The institution holds a special place in society because it reflects the ultimate convergence of those values that uniquely define the United States: loyalty, competitiveness, and pride. However, the notion of basic fairness seems to have been excluded along the way, as the commercialization of college athletics gave way to total dominance over the industry by the National Collegiate Athletic Association (NCAA). The NCAA promulgates sports rules and organizes collegiate-level championships, but its most influential role involves promoting “amateurism,” or the notion that student-athletes are …
Civil Conspiracy—Holding College Officials Accountable, Landon Mignardi
Civil Conspiracy—Holding College Officials Accountable, Landon Mignardi
SMU Law Review Forum
College sports have always been somewhat marred by controversy—whether it be point shaving, paying off players, or academic fraud—as the money to be made from college sports and the overwhelming desire to win has always seemed to generate impropriety among schools, players, and coaches. However, in recent years, scandals within college athletics programs have escalated beyond mere efforts to “win at all costs,” with the spotlight now on instances of sexual violence committed by players against other students and the cover-ups of these assaults. Following the massive cover-up and mishandling of sexual assaults by Baylor University’s athletic department and officials, …
Merging Sports Gambling And Technology: What’S Really Going To Happen?, Tucker Davison
Merging Sports Gambling And Technology: What’S Really Going To Happen?, Tucker Davison
SMU Science and Technology Law Review
No abstract provided.
Holocaust Art Disputes: The Holocaust Expropriated Art Recovery Act Of 2016, Herbert I. Lazerow
Holocaust Art Disputes: The Holocaust Expropriated Art Recovery Act Of 2016, Herbert I. Lazerow
The International Lawyer
No abstract provided.
The Quest For Number One In College Football: The Revised Bowl Championship Series, Antitrust, And The Winner Take All Syndrome, C. Paul Rogers Iii
The Quest For Number One In College Football: The Revised Bowl Championship Series, Antitrust, And The Winner Take All Syndrome, C. Paul Rogers Iii
Faculty Journal Articles and Book Chapters
Beyond the varying opinions and critiques of the BCS, a more fundamental issue regarding the system is whether it is legal. Specifically, does it violate the antitrust laws? This is not a specious question. The Senate Judiciary Committee conducted hearings on the legality of the BCS in October 2003, and the House Subcommittee on Commerce, Trade, and Consumer Protection conducted similar hearings in December 2005. Another important aspect of the BCS is its prominent place as a visual symptom of America's winner-take-all society. Is extreme competition, where everyone strives to be the best but very few actually achieve that goal, …