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- Antitrust law (4)
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- Publication
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- Marquette Sports Law Review (26)
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Articles 1 - 30 of 92
Full-Text Articles in Law
The Wiaa As A State Actor: A Decade Later, Brentwood Academy's Potential Effect On Wisconsin Interscholastic Sports, Joseph P. Trevino
The Wiaa As A State Actor: A Decade Later, Brentwood Academy's Potential Effect On Wisconsin Interscholastic Sports, Joseph P. Trevino
Marquette Sports Law Review
none
The Biological Passport: Closing The Net On Doping, Peter Charlish
The Biological Passport: Closing The Net On Doping, Peter Charlish
Marquette Sports Law Review
None
In Memoriam: Judge Terence T. Evans
Unconstitutional Hosting Of The Super Bowl: Anti-Ambush Marketing Clean Zones' Violation Of The First Amendment, Ari J. Sliffman
Unconstitutional Hosting Of The Super Bowl: Anti-Ambush Marketing Clean Zones' Violation Of The First Amendment, Ari J. Sliffman
Marquette Sports Law Review
None
Topps Gets Exclusive License, Leaving Upper Deck On The Bench: An Analysis Of Major League Baseball's Antitrust Exemption In The Modern Era, Sarah A. Padove
Topps Gets Exclusive License, Leaving Upper Deck On The Bench: An Analysis Of Major League Baseball's Antitrust Exemption In The Modern Era, Sarah A. Padove
Marquette Sports Law Review
None
Book Review: Sports Justice: The Law And Business Of Sports, Elise M. Harris
Book Review: Sports Justice: The Law And Business Of Sports, Elise M. Harris
Marquette Sports Law Review
None
When The Numbers Don't Add Up: Oversigning In College Football, Jonathan D. Bateman
When The Numbers Don't Add Up: Oversigning In College Football, Jonathan D. Bateman
Marquette Sports Law Review
None
Inside The Huddle: Analyzing The Mediation Efforts In The Nfl's Brady Settlement And Its Effectiveness For Future Professional Sports Disputes, Timothy J. Bucher
Inside The Huddle: Analyzing The Mediation Efforts In The Nfl's Brady Settlement And Its Effectiveness For Future Professional Sports Disputes, Timothy J. Bucher
Marquette Sports Law Review
None
Cross-Checking: An Overview Of The International Tax Issues For Professional Hockey Players, Alan Pogroszewski, Kari Smoker
Cross-Checking: An Overview Of The International Tax Issues For Professional Hockey Players, Alan Pogroszewski, Kari Smoker
Marquette Sports Law Review
None
A New Solution For Salary Disputes: Implementing Salary Arbitration In The National Basketball Association, Scott Bukstein
A New Solution For Salary Disputes: Implementing Salary Arbitration In The National Basketball Association, Scott Bukstein
Marquette Sports Law Review
None
The New Resident Evil? State Regulation Of Violent Video Games And The First Amendment, James Dunkelberger
The New Resident Evil? State Regulation Of Violent Video Games And The First Amendment, James Dunkelberger
BYU Law Review
No abstract provided.
Shutting The Black Door: Using American Needle To Cure The Problem Of Improper Product Definition, Daniel A. Schwartz
Shutting The Black Door: Using American Needle To Cure The Problem Of Improper Product Definition, Daniel A. Schwartz
Michigan Law Review
Section 1 of the Sherman Act is designed to protect competition by making illegal any agreement that has the effect of limiting consumer choice. To make this determination, courts first define the product at issue and then consider the challenged restraint's impact on the market in which that product competes. When considering § 1 allegations against sports leagues, courts have tended to define products according to the structure of the leagues. The result of this tendency is that harm to competition between the leagues' teams is not properly accounted for in the courts' analyses. This, in turn, grants leagues a …
How To Play Your Hand: Lessons For Negotiators From Poker, John Valery White, Joseph Asher, Russell Korobkin, Jack Binion, Howard Lederer, Annie Duke
How To Play Your Hand: Lessons For Negotiators From Poker, John Valery White, Joseph Asher, Russell Korobkin, Jack Binion, Howard Lederer, Annie Duke
UNLV Gaming Law Journal
A panel discussion on the topic of conflict resolution and negotiation strategies among internationally acclaimed poker players Annie Duke and her brother, Howard Lederer, UCLA professor Russell Korobkin, and leading Las Vegas gaming executive Jack Binion. The following transcript reflects the speakers' discussion.
Using Public Disclosure As The Vesting Point For Moral Rights Under The Visual Artists Rights Act, Elizabeth M. Bock
Using Public Disclosure As The Vesting Point For Moral Rights Under The Visual Artists Rights Act, Elizabeth M. Bock
Michigan Law Review
In 2010, the Court of Appeals for the First Circuit confronted the novel question of when moral rights protections vest under the Visual Artists Rights Act. In Massachusetts Museum of Contemporary Art Foundation, Inc. v. Bichel, the First Circuit determined that the protections of the Visual Artists Rights Act begin when a work is "created" under the Copyright Act. This Note argues that this decision harms moral rights conceptually and is likely to result in unpredictable and inconsistent decisions. This Note proposes instead that these statutory protections should vest when an artist determines that his work is complete and presents …
The Impact Of Technology On Pre-Digital Recording Agreements: An Examination Of F.B. T. Productions, Llc V. Aftermath Records, Lauren K. Turner
The Impact Of Technology On Pre-Digital Recording Agreements: An Examination Of F.B. T. Productions, Llc V. Aftermath Records, Lauren K. Turner
West Virginia Law Review
No abstract provided.
Sampling, Looping, And Mashing . . . Oh My!: How Hip Hop Music Is Scratching More Than The Surface Of Copyright Law, Tonya M. Evans
Sampling, Looping, And Mashing . . . Oh My!: How Hip Hop Music Is Scratching More Than The Surface Of Copyright Law, Tonya M. Evans
Fordham Intellectual Property, Media and Entertainment Law Journal
This article examines the deleterious impact of copyright law on music creation. It highlights hip hop music as an example of a genre significantly and negatively impacted by 1) the per se infringement rule applied in some instances to cases involving unauthorized sampling of sound recordings; and 2) traditional (and arguably erroneous) assumptions in copyright law and policy of independent creation and Romantic authorship. For decades hip hop producers have relied on the innovative use of existing recordings (most of which are protected by copyright), to create completely new works. Specifically, cuttin’ and scratchin’, digital sampling, looping and (most recently) …
Indecency, A La Carte, And The Fcc's Approval Of The Sirius Xm Satellite Radio Merger: How The Fcc Indirectly Regulated Indecent Content On Satellite Radio At The Expense Of The "Public Interest", Elizabeth A. Pike
University of Miami Business Law Review
No abstract provided.
Benay V. Warner Bros. Entertainment, Inc.: New Standard Needed For Determining Actual Use, Brian Casido
Benay V. Warner Bros. Entertainment, Inc.: New Standard Needed For Determining Actual Use, Brian Casido
Golden Gate University Law Review
This Note examines Benay v. Warner Bros. Entertainment, Inc., and the substantial-similarity standard under a California breach of an implied-in-fact contract claim and a federal copyright infringement claim. The standard used in Benay will hinder the free flow of ideas by deterring producers from accepting an author’s screenplay for fear of breaching an implied-in-fact contract. Part I of this Note summarizes the history and development of the protection of rights to creative works. Part II provides the facts and procedural history of Benay v. Warner Bros. Entertainment, Inc. Part III analyzes and criticizes the Ninth Circuit’s holding in Benay …
Fashion Law – A Guide For Designers, Fashion Executives, And Attorneys, Cory Greenberg
Fashion Law – A Guide For Designers, Fashion Executives, And Attorneys, Cory Greenberg
Pace Intellectual Property, Sports & Entertainment Law Forum
Cory Greenberg writes a comprehensive book review of Fashion Law: A Guide for Designers, Fashion Executives, and Attorneys by Guillermo C. Jimenez and Barbara Kolsun. Fashion Law is divided into four sections: Introduction, Intellectual Property Issues, Commercial Operations and Expansions, and International Aspects. Greenberg provides an objective review of each section of the book and comments on the growth of fashion in the legal world.
In A Post Graham World: Choreographing Dance Rights In The World Of Media, Technology And Social Networking, Michelle N. Burkhart
In A Post Graham World: Choreographing Dance Rights In The World Of Media, Technology And Social Networking, Michelle N. Burkhart
Pace Intellectual Property, Sports & Entertainment Law Forum
Michelle Burkhart writes an article diagramming the Choreographing Dance Rights in today’s social media world. Her article highlights the famous Martha Graham case and in detail describes: Works for higher art; and responsiveness within the dance community. Burkhart provides an interesting take on how technology has drastically changed the world of dance.
Billy-Bob Teeth Saves Porn Star: Coping With Defective Work-For-Hire Registrations, Thomas G. Field
Billy-Bob Teeth Saves Porn Star: Coping With Defective Work-For-Hire Registrations, Thomas G. Field
The University of New Hampshire Law Review
[Excerpt] “This paper begins by briefly reviewing statutory provisions that determine initial copyright ownership, govern title transfers, establish requisites to infringement litigation, and bar untimely suits.
It then examines Billy-Bob Teeth and Jules Jordan Video and explains how, in the latter case, the Ninth Circuit applied rationales adopted by the Seventh Circuit in the former case to overturn a JMOL unfavorable to an "adult film" star.
The third part of the paper reviews use of the copyright statute of limitations to resolve competing ownership claims.
The last part of the paper, flagging important differences between § 201(b) and § 204(a), …
Technical Knockout: How Mixed Martial Arts Will Change Copyright Enforcement On The Web, Keith Black
Technical Knockout: How Mixed Martial Arts Will Change Copyright Enforcement On The Web, Keith Black
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Huddle Up: Using Mediation To Help Settle The National Football League Labor Dispute, Jeremy Corapi
Huddle Up: Using Mediation To Help Settle The National Football League Labor Dispute, Jeremy Corapi
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Heavy Metal Alloys: Unsigned Rock Bands And Joint Work, Michael S. Young
Heavy Metal Alloys: Unsigned Rock Bands And Joint Work, Michael S. Young
Chicago-Kent Law Review
This note uses humorous illustrations culled from the history of popular heavy metal music to facilitate examination of the effectiveness of joint authorship analysis by modern federal courts. The note carefully considers a variety of common contributions made by band members in the absence of any written or verbal agreement about authorship, and concludes (1) that a more equitable regime would do away with the requirement that a co-author make an "independently copyrightable" contribution, and (2) that courts must take greater care not to transform "will to control" into "intent to be a sole author."
A Blogger, Google, And A "Skank": An Analysis Of Whether Google Has A Fiduciary Obligation To Its Bloggers, Michael W. Taylor
A Blogger, Google, And A "Skank": An Analysis Of Whether Google Has A Fiduciary Obligation To Its Bloggers, Michael W. Taylor
West Virginia Law Review
No abstract provided.
Can A State Seize An Internet Gambling Website's Domain Name? An Analysis Of The Kentucky Case, Kirk D. Homeyer
Can A State Seize An Internet Gambling Website's Domain Name? An Analysis Of The Kentucky Case, Kirk D. Homeyer
UNLV Gaming Law Journal
The newly developed Internet gambling forum has produced myriad legal issues affecting state, federal, and international law. The difficulty in addressing the issues arises from the ubiquity of the Internet. Based on an analysis of the Kentucky Case, this Note argues that a state cannot seize an Internet gambling website’s domain name for violating that state’s laws. First, Kentucky did not have personal jurisdiction over the gambling domain names’ registrars to have authority to seize them. Second, Kentucky’s gambling statute violates the Commerce Clause. Part II provides background to and the facts underlying the Kentucky Case and its procedural …
More Speech: Preempting Privacy Tourism, Stephen Bates
More Speech: Preempting Privacy Tourism, Stephen Bates
UC Law SF Communications and Entertainment Journal
Many commentators have decried the phenomenon of "libel tourism," where a plaintiff brings a libel suit in a country that affords minimal protection to free expression, even though the defendant and the publication at issue have little connection to the country. In particular, London has often been called the libel capital of the worldfirst, because British libel law strongly favors plaintiffs; and second, because a British court will accept jurisdiction over a libel suit if only a few copies of the publication have circulated there. In 2010, the United States responded to the threat of libel tourism by enacting the …
The Better Angels Of Our Fanfiction: The Need For True And Logical Precedent, Stacey M. Lantagne
The Better Angels Of Our Fanfiction: The Need For True And Logical Precedent, Stacey M. Lantagne
UC Law SF Communications and Entertainment Journal
Music sampling has become a well-respected form of art. So why isn't the same true of fanfiction, which follows similar parameters? Without the benefit of a true and well-reasoned legal precedent, fanfiction has existed in a gray area dominated by highly emotional arrguments. However, most of the emotional arguments offered against fanfiction actually support a finding that fanfiction is fair use. Authors would be better served by stripping the emotion from the discussion.
Legislative And Regulatory Strategies For Providing Consumer Safeguards In A Convergent Information And Communications Marketplace, Rob Frieden
UC Law SF Communications and Entertainment Journal
The Federal Communications Commission desires to apply a single regulatory category to services and service providers, a process the Commission can achieve when ventures concentrate on one function and offer one readily identifiable service, such as telephony. However, technological convergence, digitization and the ability of the Internet to handle many different service types within a single bitstream now make it possible for companies to offer "quadruple play" bundles of wireless and wireline telephony, video, and Internet access services. Following Comcast Corp. v. FCC, the FCC must rethink how to best serve the public interest and safeguard consumers. Absent a legislative …