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University Trademarks And “Mixed Speech” On College Campuses: A Case Study Of Gerlich V. Leath And Student Free Speech Rights, Nathan Converse
University Trademarks And “Mixed Speech” On College Campuses: A Case Study Of Gerlich V. Leath And Student Free Speech Rights, Nathan Converse
Fordham Intellectual Property, Media and Entertainment Law Journal
Higher education has long been a fundamental building block upon which American democracy is based. The guarantee of free speech is itself a revered liberty in the American polity; it has, in turn, served as the catalyst for higher education. Recent events on college campuses continue to reexamine universities’ role in their students’ education and push the legal boundaries on student speech rights. In many instances, however, students’ speech and expressive viewpoint conflicts with that of other students. Other times, students’ speech conflicts with the expressive interests of their university. This Article examines the latter instance in the context of …
Toward A Limited Right Of Publicity: An Argument For The Convergence Of The Right Of Publicity, Unfair Competition And Trademark Law, Andrew Beckerman-Rodau
Toward A Limited Right Of Publicity: An Argument For The Convergence Of The Right Of Publicity, Unfair Competition And Trademark Law, Andrew Beckerman-Rodau
Fordham Intellectual Property, Media and Entertainment Law Journal
The right of publicity — the most recently developed type of intellectual property — allows a person to control commercial use of his or her identity. The scope of the right has expanded significantly since its inception because many courts and commentators have misinterpreted it, viewing it as a pure property right justified by a labor or unjust enrichment theory. Rather, this article contends that it should be evaluated in light of the utilitarian justification for intellectual property law. Rewarding people by allowing them to monetize their public persona is not the goal of the right of publicity. The goal …
E-Incitement: A Framework For Regulating The Incitement Of Criminal Flash Mobs, Hannah Steinblatt
E-Incitement: A Framework For Regulating The Incitement Of Criminal Flash Mobs, Hannah Steinblatt
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Rethinking “Murderabilia”: How States Can Restrict Some Depictions Of Crime As They Restrict Child Pornography, Joseph C. Mauro
Rethinking “Murderabilia”: How States Can Restrict Some Depictions Of Crime As They Restrict Child Pornography, Joseph C. Mauro
Fordham Intellectual Property, Media and Entertainment Law Journal
Murderabilia refers to items whose commercial value stems from their relation to a notorious crime or criminal. To protect victims of crime from psychological harm, most states have passed laws restricting the sale of murderabilia. Many of these laws have been challenged on First Amendment grounds, and observers consider them to be of questionable constitutionality. I propose that the constitutional framework allowing states to restrict child pornography can solve this problem. In New York v. Ferber, the Supreme Court held that states may restrict child pornography as speech, without regard to its First Amendment value, because it is “intrinsically related” …
A Nation Of One? Community Standards In The Internet Era, Noah Hertz-Bunzl
A Nation Of One? Community Standards In The Internet Era, Noah Hertz-Bunzl
Fordham Intellectual Property, Media and Entertainment Law Journal
This note examines tensions between the community standards doctrine in First Amendment obscenity law and nationwide prosecutions of internet obscenity. The note focuses on recent cases on the topic, especially in the Supreme Court and the Ninth Circuit Court of Appeals.
What Is Truth?: True Suspects And False Defamation, Peter B. Kutner
What Is Truth?: True Suspects And False Defamation, Peter B. Kutner
Fordham Intellectual Property, Media and Entertainment Law Journal
A television station reports that an individual is a suspect in a murder case. A newspaper reports that a business or charity is under investigation to determine whether it has provided funding to terrorists or terrorist organizations. It is true that the individual is a suspect in the police investigation of the murder, and that the government is investigating the business or charity for possible financial links to terrorists. However, the suspicion is wrong, or at least unprovable. As far as can be determined from the available evidence, the individual did not commit a murder, and the business or charity …
Panel Ii: The Death Or Rebirth Of The Copyright?, Hugh C. Hansen, Diane Zimmerman, Robert Kasunic, Brett Frischmann
Panel Ii: The Death Or Rebirth Of The Copyright?, Hugh C. Hansen, Diane Zimmerman, Robert Kasunic, Brett Frischmann
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel Iii: Trademarks V. Free Speech In Cyberspace, Sonia Katyal, Robert Weisbein, William Mcgeveran, Brett Frischmann
Panel Iii: Trademarks V. Free Speech In Cyberspace, Sonia Katyal, Robert Weisbein, William Mcgeveran, Brett Frischmann
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Four Free Speech Goals For Trademark Law, William Mcgeveran
Four Free Speech Goals For Trademark Law, William Mcgeveran
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Thinking Of The Children: The Failure Of Violent Video Game Laws, Gregory Kenyota
Thinking Of The Children: The Failure Of Violent Video Game Laws, Gregory Kenyota
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Copyright As Quasi-Public Property: Reinterpreting The Conflict Between Copyright And The First Amendment., Adrian Liu
Copyright As Quasi-Public Property: Reinterpreting The Conflict Between Copyright And The First Amendment., Adrian Liu
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Naked Newscaster, Girls Gone Wild, And Paris Hilton: True Tales Of The Right Of Privacy And The First Amendment, Joseph Siprut
The Naked Newscaster, Girls Gone Wild, And Paris Hilton: True Tales Of The Right Of Privacy And The First Amendment, Joseph Siprut
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel Iii: Indecent Exposure? The Fcc's Recent Enforcement Of Obscenity Laws, William Davenport, Jeffrey Hoeh, C. Edwin Baker, Paul J. Mcgeady
Panel Iii: Indecent Exposure? The Fcc's Recent Enforcement Of Obscenity Laws, William Davenport, Jeffrey Hoeh, C. Edwin Baker, Paul J. Mcgeady
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel Iii: Indecent Exposure? The Fcc's Recent Enforcement Of Obscenity Laws, William Davenport, Jeffrey Hoeh, C. Edwin Baker, Paul J. Mcgeady
Panel Iii: Indecent Exposure? The Fcc's Recent Enforcement Of Obscenity Laws, William Davenport, Jeffrey Hoeh, C. Edwin Baker, Paul J. Mcgeady
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Are Decss T-Shirts Dirty Laundry? Wearable, Non-Executable Computer Code As Protected Speech, Sara Crasson
Are Decss T-Shirts Dirty Laundry? Wearable, Non-Executable Computer Code As Protected Speech, Sara Crasson
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Voyeur War? The First Amendment, Privacy & Images From The War On Terrorism, Clay Calvert
Voyeur War? The First Amendment, Privacy & Images From The War On Terrorism, Clay Calvert
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Roundtable Panel Ii: Digital Video, Andrew Appel, Jeffrey Cunard, Martin Garbus, Edward Hernstadt
Roundtable Panel Ii: Digital Video, Andrew Appel, Jeffrey Cunard, Martin Garbus, Edward Hernstadt
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Warning: Wearing Eyeglasses May Subject You To Additional Liability And Other Foibles Of Post-Diana Newsgathering: An Analysis Of California’S Civil Code Section 1708.8, David A. Browde
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Brooklyn Institute Of Arts And Sciences V. City Of New York: The Death Of The Subsidy And The Birth Of The Entitlement In Funding Of The Arts, Danielle E. Caminiti
Brooklyn Institute Of Arts And Sciences V. City Of New York: The Death Of The Subsidy And The Birth Of The Entitlement In Funding Of The Arts, Danielle E. Caminiti
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The ‘Enticing Images’ Doctrine: An Emerging Principle In First Amendment Jurisprudence, Clay Calvert
The ‘Enticing Images’ Doctrine: An Emerging Principle In First Amendment Jurisprudence, Clay Calvert
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Political Campaign Spending Caps And The First Amendment: Buckley V. Valeo Revisited, Wayne Barrett, Edward W. Hayes, Erik Joerss, William G. Kastin
Political Campaign Spending Caps And The First Amendment: Buckley V. Valeo Revisited, Wayne Barrett, Edward W. Hayes, Erik Joerss, William G. Kastin
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel I: Accountability Of The Media In Investigations, Gregg Jarrett, Charles E. Rose, Randall J. Turk, L. Lin Wood
Panel I: Accountability Of The Media In Investigations, Gregg Jarrett, Charles E. Rose, Randall J. Turk, L. Lin Wood
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel Iii: Current Status Of Time Warner V. City Of New York, David B. Goldin, Robert D. Joffe, Robert T. Perry, Ned H. Rosenthal
Panel Iii: Current Status Of Time Warner V. City Of New York, David B. Goldin, Robert D. Joffe, Robert T. Perry, Ned H. Rosenthal
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
What’S Wrong With This Picture? When The Lanham Act Clashes With Artistic Expression, Tara J. Goldsmith
What’S Wrong With This Picture? When The Lanham Act Clashes With Artistic Expression, Tara J. Goldsmith
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel Ii: Indecency On The Internet: Constitutionality Of The Telecommunications Act Of 1996, Perry Aftab, Preeta D. Bansal, Theodore C. Hirt, Chris Hansen
Panel Ii: Indecency On The Internet: Constitutionality Of The Telecommunications Act Of 1996, Perry Aftab, Preeta D. Bansal, Theodore C. Hirt, Chris Hansen
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The First Amendment And The Media: Controversial Issues In The 1990s Program Schedule And Introduction, Editorial Board
The First Amendment And The Media: Controversial Issues In The 1990s Program Schedule And Introduction, Editorial Board
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel On The Indecency Standard And Regulation Of And By The Media, William J. Small, Irving Gastfreund, Carlton Long, Robert W. Peters, Judith P. Phil[Ips
Panel On The Indecency Standard And Regulation Of And By The Media, William J. Small, Irving Gastfreund, Carlton Long, Robert W. Peters, Judith P. Phil[Ips
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Judicial Panel: The Special Role Of The Judiciary In Protecting First Amendment Freedoms, John D. Feerick, Kenneth Conboy, John F. Keenan, Edward M. Rappaport
Judicial Panel: The Special Role Of The Judiciary In Protecting First Amendment Freedoms, John D. Feerick, Kenneth Conboy, John F. Keenan, Edward M. Rappaport
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Copyrighting Newscasts: An Argument For An Open Market, Michael W. Baird
Copyrighting Newscasts: An Argument For An Open Market, Michael W. Baird
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Impact Of The Media On Fair Trial Rights: Panel On Protection Of Reporters’ Sources, Hugh C. Hansen, Martin B. Adelman, Mark A. Conrad, George Freeman, Nicholas J. Jollymore, Arnold H. Lubasch, William A. Rome
Impact Of The Media On Fair Trial Rights: Panel On Protection Of Reporters’ Sources, Hugh C. Hansen, Martin B. Adelman, Mark A. Conrad, George Freeman, Nicholas J. Jollymore, Arnold H. Lubasch, William A. Rome
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.