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[Un]Happy Together: Why The Supremacy Clause Preempts State Law Digital Performance Rights In Radio-Like Streaming Of Pre-1972 Sound Recordings, Julie L. Ross Apr 2015

[Un]Happy Together: Why The Supremacy Clause Preempts State Law Digital Performance Rights In Radio-Like Streaming Of Pre-1972 Sound Recordings, Julie L. Ross

Georgetown Law Faculty Publications and Other Works

Lovers of the music of Frank Sinatra, Elvis Presley, Etta James, and hundreds of other recording artists whose records were made before February 15, 1972, may soon have a hard time hearing these great artists on any satellite or Internet radio service. Recently, two federal district courts have found that state laws were violated when satellite radio broadcaster Sirius XM Radio included pre-1972 sound recordings in its broadcasts without the owners’ permission, but these courts did not consider-–and the parties did not argue-–how the Supremacy Clause applies to those state law claims. This article argues that state laws purporting to …


The Dignity And Humanity Of Bruce Springsteen's Criminals, Abbe Smith Jan 2005

The Dignity And Humanity Of Bruce Springsteen's Criminals, Abbe Smith

Georgetown Law Faculty Publications and Other Works

In this essay, I discuss Springsteen's criminals by focusing on two albums, Nebraska and The Ghost of Tom Joad, and Springsteen's title song to the movie soundtrack Dead Man Walking. These are classic albums about criminals and prisoners, and "Dead Man Walkin’" may be one of the best songs ever written about being on death row. Before getting into the music, I first note the historical context - Springsteen's career has taken place during a particularly hostile time for lawbreakers - and offer a brief biographical sketch of Springsteen.