Law Commons^™

Sohm Starz Will Never Align: How The Split Between The 2nd And 9th Circuits Will Impact Damages In Copyright Cases, Candace Sundine

Loyola of Los Angeles Entertainment Law Review

The Second Circuit and the Ninth Circuit are currently divided on the issue of how far back a copyright owning plaintiff in a copyright infringement can collect in damages against a continuing infringer. The Second Circuit states that the Copyright Act’s three-year statute of limitations and the discovery rule only permit plaintiffs to collect damages three years back from the date they bring their infringement action. However, the Ninth Circuit states that the three-year statute of limitations is only concerned with the timing in which a plaintiff brings her infringement action, and that she can recover all of the damages …

Patching Up Problems: The Predicted Impact Of The Music Modernization Act's Random Judicial Assignment On Public Performance Licensing Rates, Lindsay Meisels

Loyola of Los Angeles Entertainment Law Review

As emphasized by the European Commission Vice President for the Digital Single Market, “the way people enjoy culture and entertainment has completely changed- and this is good. But it is important that we don’t leave creators in the cold.” In response to pleas from songwriters, publishers and performing rights organizations (“PROs”) to allow free-market bargaining for public performance licenses of the PROs’ members’ musical compositions, the unanimously passed Orrin G. Hatch-Bob Goodlatte Music Modernization Act (“MMA”) was signed into law on October 11, 2018. Title I of the MMA, the Musical Works Modernization Act (“MWMA”), strives to alleviate several concerns …

ShīʿĪ Legal Discourses In Iraq And Lebanon: Exploring The Intersection Of Juristic Rulings And State Legal Regimes, M. Mehdi Ali

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Effectiveness Of Inter-American Commission’S Reports On Capital Punishment Petitions Against The United States: Where Do We Go From Here?, Alexandria Faura

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

America’S Cash Bail Crisis: Learning From Our Common-Law Roots, Jake Feiler

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Smart Contracts: Will The House Finally Lose?, Teddy Chassin

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Right Of Access To Sport And Recreation For Disabled Persons Under International Law: What Does It Really Entail?, Ilias Bantekas

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Home Field Advantage: Is “The Supreme Court Of Sport” Independent?, Jakob S. Weitz

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Vedantic Basis And Praxis Of The Integral Advaita Of Sri Aurobindo, Debashish Banerji

Monsoon: South Asian Studies Association Journal

The integral nondualism of Sri Aurobindo can be traced to the great pronouncements (mahāvākya) of the Upanishads and later commentaries. This study examines teachings on the Supermind (vijñāna) and the other four kinds of consciousness that define human reality: Matter (annaṃ), Life (prāṇaḥ), Mind (manaḥ), and Bliss (ānanda). Through Yoga and Tantra, one learns and embodies the pathway to the divine.

Digital And Spatial Humanities Mapping: Eurasia-Pacific Early Trade And Belief Linkages, Igor Sitnikov, David Blundell

Monsoon: South Asian Studies Association Journal

The Eurasia-Pacific is a dynamic region of rapid economic growth, cultural awareness, natural resource exploration, and military buildup. The concept of the region is relatively new, featuring contested vast areas of geo-resource space of numerous cultures and languages. The current findings in anthropology and archaeology and even its more specific subfields such as folklore are important contribution to the understanding of periodic environmental changes and technical innovations were the main forces of transformations in social structures that have determined the mechanisms and levels of cross-cultural trade activity across the region. We have traced early trade and belief linkages across Eurasia-Pacific …

Tusha Hiti: The Origin And Significance Of The Name, Deepak Shimkhada

Monsoon: South Asian Studies Association Journal

In this article, the author examines the royal bath called Tushā Hiti located in Sūndari Chowk (Beautiful Courtyard) of Pātan Durbar Square, using six different methods of investigation. The question: What is in a name? started the ball of investigation rolling and along the way were added more supporting blocks such as history, iconography, function and purpose, notion of purity and impurity, and finally the hiti in popular culture to get a complete picture of the subject in question.

Diversity, Equity, And Inclusion: Perspectives From Contemporary India And 6th Century Jain Yoga, Christopher Key Chapple

Monsoon: South Asian Studies Association Journal

Times New Roman

Strengthening Immigration Support For Agricultural Labor Migration And Ending Modern Day “Harvest Of Shame” A Comparative Study Of The American And Australian Approaches, Dr. Ying Chen

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Ganges In Indian Sculpture And Literature: Mythology And Personification, Nalini Rao

Monsoon: South Asian Studies Association Journal

The river Ganges is a symbol of wealth, purity and eternity, and its sacred waters have inspired sages, philosophers, and artists in India who have immortalized its divine imagery. However, it has rarely been understood from a historical point of view, as to how it became so sacred and to view it from a multi-dimensional and interdisciplinary perspective with an accumulation of layers of historical thought and practices, provides a rationale for the living practices around the river. The paper explores the evolution of the concept of sacredness and eternity of River Ganges through art- historical and archaeological evidence. It …

Normative Models For The Protection Of Children And Teenagers’ Personal Data, Hugo Teles, Marcelo Varella

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Apple V. European Commission: Losing The War On Corporate International Transfer Pricing, Beckett Cantley, Geoffrey Dietrich

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Downward Spiral Of The Misogynistic Video Game Industry: It's Truly Up To The "Last Of Us", Lauren Cho

Loyola of Los Angeles Entertainment Law Review

With the surge of lawsuits in 2021 against video game companies alleging

gender discrimination, it is evident that sexism and misogyny run rampant

within the video game industry, but two questions remain. What causes,

if any, may be attributable to the misogynistic mindset of male gamers? And

what can the video game industry and the law do to rectify the dominance of

“frat boy culture” that continues to plague women—regardless of whether

they are casual or professional gamers, or regular employees in game developing

companies?

California’s labor laws are supposed to be the most protective of employees;

yet two lawsuits …

Tinkering With The Schoolhouse Gate: The Future Of Student Speech After Mahanoy Area School District V. B.L., Victoria R. Bonds

Loyola of Los Angeles Entertainment Law Review

When the Supreme Court last created a rule about students’ First Amendment rights, MySpace was the most popular social media platform. Students’ use of social media and technology has radically changed since then, and it is time the First Amendment case law reflects that. With the transition to online learning after the COVID-19 pandemic and overall increased reliance on technology, students need clear answers about when school officials can punish them for their social media posts.

The Supreme Court had a chance to clarify First Amendment student speech law this year in Mahanoy Area School District v. B.L., but …

One Too Many Sticks For The Trademark Bundle? The Unintended Consequences Of Luxury Brands’ Push For A Post-First Sale Authentication Right, Betina A. Baumgarten

Loyola of Los Angeles Entertainment Law Review

The unprecedented and exponential growth of resale is both a rose and a thorn to the luxury market. Some fashion brands construe resale as an opportunity to diversify and expand their client base; while others, who firmly subscribe to a luxury philosophy grounded in exclusivity, believe resale threatens everything from their brand allure to their very existence. Indeed, when Chanel declared that “[o]nly Chanel itself can know what is genuine Chanel,” it opened Pandora’s box by providing far more than a peek into its litigation strategy. Chanel’s declaration all but declared war on the secondary resale market in not only …

When The States Step Out Of Bounds: State Regulation Of Student-Athlete Compensation And The Dormant Commerce Clause, M. Ryan Kearney

Loyola of Los Angeles Entertainment Law Review

The college sports industry is must-see TV for millions of fans across

the country and generates billions in revenue every year. That money accrues

to coaches, universities, conferences, and the National Collegiate Athletic

Association (NCAA), which orchestrates it all. Until recently, however, not

one cent went to the players, outside of an academic scholarship that did not

exceed the cost of their schooling. Commentators have long called for the

NCAA to reform its student-athlete compensation restrictions. After decades

of inaction by the NCAA, California passed SB-206 in September of 2019

to allow its student-athletes to receive compensation from third parties …

"That's Hot!" Celebrities Use Trademarks To Add To Their Wealth, But Is It Excessive?, Rebecca Zilberman

Loyola of Los Angeles Entertainment Law Review

Celebrities are constantly registering for trademarks to protect and

monetize off their brand, but they take advantage of trademark laws. Although

certain trademark registrations are justified and necessary for brand

protection, others are not. Furthermore, allowing celebrities to have hundreds

of registered trademarks does nothing to achieve the purpose of trademark

law.

This Note is about how celebrities excessively register trademarks for

their names and catchphrases. First, this Note discusses the background of

trademark law, including the difference between ® and TM. In addition, this

Note explains the ways in which celebrities can sue under the Lanham Act –

Federal …