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2010

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Entertainment, Arts, and Sports Law

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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 Jan 2010

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 Jan 2010

(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 Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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. Jan 2010

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.