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Articles 91 - 118 of 118
Full-Text Articles in Law
Understanding And Regulating The Sport Of Mixed Martial Arts, Brendan S. Maher
Understanding And Regulating The Sport Of Mixed Martial Arts, Brendan S. Maher
UC Law SF Communications and Entertainment Journal
The past fifteen years have seen the emergence of a new sport in America and around the world: mixed martial arts ("MMA'). MMA is an interdisciplinary combat sport where participants engage in and combine a variety of fighting disciplines (e.g., kickboxing, wrestling, karate, jiu-jitsu, and so on) in a single match. In this Article, Professor Maher examines and analyzes the sport's evolution, tracing it from its shaggy, brutish beginnings to its current incarnation; articulates a pragmatic and comparative theory of sporting legitimacy; reviews and describes the state-based and administrative nature of MMA regulation; and highlights two reform possibilities of interest …
(M)Ad Men: Using Persuasion Factors In Media Advertisements To Prevent A Tyranny Of The Majority On Ballot Propositions, Chris Chambers Goodman
(M)Ad Men: Using Persuasion Factors In Media Advertisements To Prevent A Tyranny Of The Majority On Ballot Propositions, Chris Chambers Goodman
UC Law SF Communications and Entertainment Journal
Mobile e-discovery spans the globe and creates a multitude of issues for litigants and the courts. The issue of privacy, jurisdiction, privilege, and consent intersect in the mobile space with users sending text messages, twittering, posting notes and videos on-line, and sharing pictures all in the span of a work day. Of course this is further complicated by the integration of the 24/7 workplace and the electronic discovery issues of retention, preservation, and production of the data that mobile devices create. This article examines these issues and provides an overview of some of the more common underlying mobile telecommunication technologies.
Storage And Privacy In The Cloud: Enduring Access To Ephemeral Messages, Sarah Salter
Storage And Privacy In The Cloud: Enduring Access To Ephemeral Messages, Sarah Salter
UC Law SF Communications and Entertainment Journal
The paper examines the distinction between "stored communications" and the greater privacy protection given to communications in the process of transmission under U.S. federal law. The issue arises in the context of voice mail, text messages, and email. Statutes examined include the Stored Communications Act, the Electronic Communications Privacy Act ("ECPA"), the Wiretap Act, and the language amending the Wiretap Act to eliminate storage from the definition of wire communication in the USA Patriot Act. Case discussions examine the development of the concept of "stored" communications. The emphasis is on recent cases after the USA Patriot Act and a decision …
More Than A Minor Inconvenience: The Case For Heightened Protection For Children Appearing On Reality Television, Katherine Neifeld
More Than A Minor Inconvenience: The Case For Heightened Protection For Children Appearing On Reality Television, Katherine Neifeld
UC Law SF Communications and Entertainment Journal
Reality television is a genre that is both innovative in its use of traditional theatrical convention to display true life and paradoxical in its often perplexing definition of what is real. For minor children, however, the effects of participation in reality television production are heightened due to the unique nature of the genre. While protections for traditional child performers exist, the risks the minor participant on reality television faces are unique. The minor on reality television lacks formal recognition as a working child actor by the entertainment industry. Additionally, instead of playing a fictional character, the minor portrays his true …
The New Digital Dating Behavior - Sexting: Teens' Explicit Love Letters: Criminal Justice Or Civil Liability, Terri Day
UC Law SF Communications and Entertainment Journal
This paper proposes a unique response to the explosive combination of teens, sex and technology. It discusses why most teen sexting does not meet the Ferber definition of child pornography; therefore, a civil remedy for the dignitary and emotional harm caused by the public dissemination of private sexual pictures is far superior to imposing criminal sanctions. The proposed statutory civil cause of action would hold parents vicariously liable for the harms caused by their children's sexting when done with actual malice. Recognizing that common law tort liability is legally unsustainable, this approach strikes a balance between protecting First Amendment rights …
Technology And Copyright Law - Illuminating The Nfl's Blackout Rule In Game Broadcasting, Sonali Chitre
Technology And Copyright Law - Illuminating The Nfl's Blackout Rule In Game Broadcasting, Sonali Chitre
UC Law SF Communications and Entertainment Journal
Copyright is critical to protecting sports broadcasts, and new technology has evolved to disseminate these broadcasts to the many people that enjoy professional sports. Because of new digital rights in the copyright statute, the NFL has very strong copyright protections that cover Internet, satellite, television, and radio licensing of its broadcasts. A "blackout" blocks certain programs from being broadcast in a particular market. Attempting to incentivize fans to come to football games, the NFL "blacks out" games that are not sold out within seventytwo hours of game time within a seventy-five-mile radius of the stadium. The "blackout rule" has been …
Free Speech Or Trademark Protections: Do Advocacy Groups And Government Agencies Deserve Extra Protection, Max Landaw
Free Speech Or Trademark Protections: Do Advocacy Groups And Government Agencies Deserve Extra Protection, Max Landaw
UC Law SF Communications and Entertainment Journal
Since October 2009, the American judicial system has been posed with yet another lawsuit in the oft recurring battle between trademark protections and right to freedom of expression, specifically the right to parody. The Yes Men, a parody troop, in a stunt which confused numerous news outlets, held a press conference as "members" of the United States Chamber of Commerce. The Chamber responded by suing the Yes Men for, amongst other causes of action, trademark infringement pursuant to the Lanham Act. This note will first analyze the history of the debate between the conflicting right of free expression and consumer …
Applying The Rationales Of Patent Claim Construction Doctrines To Interpretation Of Patent Statutes, Grace Pak
Applying The Rationales Of Patent Claim Construction Doctrines To Interpretation Of Patent Statutes, Grace Pak
UC Law SF Communications and Entertainment Journal
Statutory construction is often determinative in lawsuits. In that vein, which theory of statutory construction a court chooses to employ-whether textualism, intentionalism, or purposivism-is decidedly influential. This note argues that strict adherence to textualism in interpreting patent statutes leads to unsound results, while applying purposivism leads to sound results. To demonstrate, this note walks through the Supreme Court's textual approach in interpreting 35 U.S.C. § 271(0 in Microsoft v. AT&T, and contrasts that with the Federal Circuit's purposivist approach in interpreting the same statute. This note argues that the Federal Circuit's purposivist approach is more appropriate because it more closely …
Sports In The Courts: The Role Of Sports References In Judicial Opinions, Douglas E. Abrams
Sports In The Courts: The Role Of Sports References In Judicial Opinions, Douglas E. Abrams
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Be Kind, Please Rewind - The Second Circuit Gives Cable Providers Something To Watch In Cartoon Network L.P., V. Csc Holdings, Inc., Peter Hamner
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Sports Agents: Ethical Representatives Or Overly Aggressive Adversaries, Stacey B. Evans
Sports Agents: Ethical Representatives Or Overly Aggressive Adversaries, Stacey B. Evans
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
And It Only Took Them 307 Years: Ruminations On Legal And Non-Legal Approaches To Diversifying Head Coaching In College Football, Ron S. Hochbaum
And It Only Took Them 307 Years: Ruminations On Legal And Non-Legal Approaches To Diversifying Head Coaching In College Football, Ron S. Hochbaum
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Honest To Blog: Balancing The Interests Of Public Figures And Anonymous Bloggers In Defamation Lawsuits, Yang-Ming Tham
Honest To Blog: Balancing The Interests Of Public Figures And Anonymous Bloggers In Defamation Lawsuits, Yang-Ming Tham
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
U.S. Land-Based And Internet Gambling, Would You Bet On A Rosy Future, Joseph M. Kelly
U.S. Land-Based And Internet Gambling, Would You Bet On A Rosy Future, Joseph M. Kelly
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Gambling And The Law: The Third Wave Of Legal Gambling, I. Nelson Rose
Gambling And The Law: The Third Wave Of Legal Gambling, I. Nelson Rose
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
The Legal & Business Aspects Of Career-Ending Disability Insurance Policies In Professional And College Sports, Glenn M. Wong, Chris Deubert
The Legal & Business Aspects Of Career-Ending Disability Insurance Policies In Professional And College Sports, Glenn M. Wong, Chris Deubert
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
La Russa's Loophole: Trademark Infringement Lawsuits And Social Networks, Jillian Bluestone
La Russa's Loophole: Trademark Infringement Lawsuits And Social Networks, Jillian Bluestone
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
The Absence Of A Comprehensive Federal Policy Toward Internet And Sports Wagering And A Proposal For Change, Anthony Cabot
The Absence Of A Comprehensive Federal Policy Toward Internet And Sports Wagering And A Proposal For Change, Anthony Cabot
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Nine Years And Still Waiting: While Congress Continues To Hold Off On Amending Copyright Law For The Digital Age, Commercial Industry Has Largely Moved On, Matthew Friedman
Nine Years And Still Waiting: While Congress Continues To Hold Off On Amending Copyright Law For The Digital Age, Commercial Industry Has Largely Moved On, Matthew Friedman
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Introduction: A Closer Look At The Use Of Gambling In Raising State Revenues, Yang-Ming Tham
Introduction: A Closer Look At The Use Of Gambling In Raising State Revenues, Yang-Ming Tham
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
The Supreme Court And Exclusions By Racetracks, Bennett Liebman
The Supreme Court And Exclusions By Racetracks, Bennett Liebman
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Huddle Up: Surveying The Playing Field On The Single Entity Status Of The National Football League In Anticipation Of American Needle V. Nfl, Constantine J. Avgiris
Huddle Up: Surveying The Playing Field On The Single Entity Status Of The National Football League In Anticipation Of American Needle V. Nfl, Constantine J. Avgiris
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
From The Mouths Of Babes: Protecting Child Authors From Themselves, Julie Cromer Young
From The Mouths Of Babes: Protecting Child Authors From Themselves, Julie Cromer Young
West Virginia Law Review
No abstract provided.
Internships In Sports Management Curriculum: Should Legal Implications Of Experiential Learning Result In The Elimination Of The Sport Management Internship?, Kristi L. Schoepfer, Mark Dodds
Internships In Sports Management Curriculum: Should Legal Implications Of Experiential Learning Result In The Elimination Of The Sport Management Internship?, Kristi L. Schoepfer, Mark Dodds
Marquette Sports Law Review
No abstract provided.
Book Review: Headless Horsemen: A Tale Of Chemical Colts, Subprime Sales Agents, And The Last Kentucky Derby On Steroids, Andrew Medeiros
Book Review: Headless Horsemen: A Tale Of Chemical Colts, Subprime Sales Agents, And The Last Kentucky Derby On Steroids, Andrew Medeiros
Marquette Sports Law Review
No abstract provided.
Book Review: Playing With The Boys: Why Separate Is Not Equal In Sports, Jeremy Goff
Book Review: Playing With The Boys: Why Separate Is Not Equal In Sports, Jeremy Goff
Marquette Sports Law Review
No abstract provided.
The Price Of Admission: How Inconsistent Enforcement Of Antitrust Laws In America's Live Entertainment Sector Hurts The Average Consumer, 44 J. Marshall L. Rev. 261 (2010), Nathan B. Grzegorek
The Price Of Admission: How Inconsistent Enforcement Of Antitrust Laws In America's Live Entertainment Sector Hurts The Average Consumer, 44 J. Marshall L. Rev. 261 (2010), Nathan B. Grzegorek
UIC Law Review
No abstract provided.
Betting Against The House (And Senate): The Case For Legal, State-Sponsored Sports Wagering In A Post-Paspa World, Anthony G. Galasso Jr.
Betting Against The House (And Senate): The Case For Legal, State-Sponsored Sports Wagering In A Post-Paspa World, Anthony G. Galasso Jr.
Kentucky Law Journal
No abstract provided.