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2006

Journal

Entertainment, Arts, and Sports Law

Institution
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Articles 1 - 30 of 107

Full-Text Articles in Law

Reversing The Reversal Rate: Using Real Property Principles To Guide Federal Circuit Patent Jurisprudence, Paul M. Schoenhard Dec 2006

Reversing The Reversal Rate: Using Real Property Principles To Guide Federal Circuit Patent Jurisprudence, Paul M. Schoenhard

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Recent Trends Underscoring International Trade Commission Review Of Initial Determinations And Federal Circuit Appeals From Final Commission Determinations Under Section 337 Of The Tariff Act Of 1930, Robert A. Caplen Dec 2006

Recent Trends Underscoring International Trade Commission Review Of Initial Determinations And Federal Circuit Appeals From Final Commission Determinations Under Section 337 Of The Tariff Act Of 1930, Robert A. Caplen

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The First Amendment Versus Operational Security: Where Should The Milblogging Balance Lie?, Katherine C. Den Bleyker Dec 2006

The First Amendment Versus Operational Security: Where Should The Milblogging Balance Lie?, Katherine C. Den Bleyker

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Economics Of Cultural Misrepresentation: How Should The Indian Arts And Crafts Act Of 1990 Be Marketed?, Jennie D. Woltz Dec 2006

The Economics Of Cultural Misrepresentation: How Should The Indian Arts And Crafts Act Of 1990 Be Marketed?, Jennie D. Woltz

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Hoods Who Move The Goods: An Examination Of The Booming International Trade In Counterfeit Luxury Goods And An Assessment Of The American Efforts To Curtail Its Proliferation, Sam Cocks Dec 2006

The Hoods Who Move The Goods: An Examination Of The Booming International Trade In Counterfeit Luxury Goods And An Assessment Of The American Efforts To Curtail Its Proliferation, Sam Cocks

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Product-By-Process Patent Claim Construction: Resolving The Federal Circuit’S Conflicting Precedent, Gregory S. Maskel Oct 2006

Product-By-Process Patent Claim Construction: Resolving The Federal Circuit’S Conflicting Precedent, Gregory S. Maskel

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Three Reactions To Mgm V. Grokster, Pamela Samuelson Oct 2006

Three Reactions To Mgm V. Grokster, Pamela Samuelson

Michigan Telecommunications & Technology Law Review

It was prescient of the Michigan Telecommunications and Technology Law Review to have organized a conference to discuss the Supreme Court's decision in Metro-Goldwyn-Mayer, Inc. v. Grokster, Inc. As the articles in this issue reveal, commentators have had somewhat mixed reactions to the Grokster decision. Perhaps I am the most mixed (or mixed up) about Grokster among its commentators, for I have had not just one but three reactions to the Grokster decision. My first reaction was to question whether MGM and its co-plaintiffs really won the Grokster case, or at least won it in the way they had hoped. …


Poker Flops Under New York Law, Bennett M. Liebman Oct 2006

Poker Flops Under New York Law, Bennett M. Liebman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Legal Frameworks And Technological Protection Of Digital Content: Moving Forward Towards A Best Practice Model, Urs Gasser Oct 2006

Legal Frameworks And Technological Protection Of Digital Content: Moving Forward Towards A Best Practice Model, Urs Gasser

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Outsourcing The Fire Of Genius: The Effects Of Patent Infringement Jurisprudence On Pharmaceutical Drug Development, Katherine A. Helm Oct 2006

Outsourcing The Fire Of Genius: The Effects Of Patent Infringement Jurisprudence On Pharmaceutical Drug Development, Katherine A. Helm

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


A Million Little Maybes: The James Frey Scandal And Statements On A Book Cover Or Jacket As Commercial Speech, Samantha J. Katze Oct 2006

A Million Little Maybes: The James Frey Scandal And Statements On A Book Cover Or Jacket As Commercial Speech, Samantha J. Katze

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Fairly Used: Why Google’S Book Project Should Prevail Under The Fair Use Defense, Melanie Costantino Oct 2006

Fairly Used: Why Google’S Book Project Should Prevail Under The Fair Use Defense, Melanie Costantino

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Imperfect 10: Digital Advances And Market Impact In Fair Use Analysis, Britton Payne Oct 2006

Imperfect 10: Digital Advances And Market Impact In Fair Use Analysis, Britton Payne

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


There's No "I" In "League": Professional Sports Leagues And The Single Entity Defense, Nathaniel Grow Oct 2006

There's No "I" In "League": Professional Sports Leagues And The Single Entity Defense, Nathaniel Grow

Michigan Law Review

This Note argues that outside of labor disputes, sports leagues should be presumed to be single entities. Part I argues that professional sports leagues are single entities in disputes regarding league-wide, non-labor policy. In particular, the focus of the Supreme Court's jurisprudence on economic reality rather than organizational form necessitates a finding that professional sports leagues are single entities in non-labor disputes. Part II argues that professional sports leagues are not single entities for purposes of labor disputes; sports leagues, on the whole, do not involve a unity of interest for labor matters. More importantly, existing precedent outside of the …


Licensing Restrictions And Appropriating Market Benefits From Plant Innovation, Jay P. Kesan Jun 2006

Licensing Restrictions And Appropriating Market Benefits From Plant Innovation, Jay P. Kesan

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Why We Are Confused About The Trademark Dilution Law, Christine Haight Farley Jun 2006

Why We Are Confused About The Trademark Dilution Law, Christine Haight Farley

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel I: Monsanto V. Scruggs: The Scope Of Downstream Licensing Restrictions, Mark R. Patterson, Richard B. Ulmer Jr., Peter Castensen, Jay P. Kesan Jun 2006

Panel I: Monsanto V. Scruggs: The Scope Of Downstream Licensing Restrictions, Mark R. Patterson, Richard B. Ulmer Jr., Peter Castensen, Jay P. Kesan

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Post-Sale Restrainst Via Patent Licensing: A "Seedcentric" Perspective, Peter Carstensen Jun 2006

Post-Sale Restrainst Via Patent Licensing: A "Seedcentric" Perspective, Peter Carstensen

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel Ii: Trademark Dilution Revision Act Implications, William G. Barber, Barton Beebe, Christine Haight Farley, Michael Heltzer Jun 2006

Panel Ii: Trademark Dilution Revision Act Implications, William G. Barber, Barton Beebe, Christine Haight Farley, Michael Heltzer

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


A Defense Of The New Federal Trademark Antidilution Law, Barton Beebe Jun 2006

A Defense Of The New Federal Trademark Antidilution Law, Barton Beebe

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Trademark Dilution Revision Act - A Consumer Perspective, Paul Alan Levy Jun 2006

The Trademark Dilution Revision Act - A Consumer Perspective, Paul Alan Levy

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel Iii: United States V. Martignon - Case In Controversy, William Patry, David Patton, Robert W. Clarida, Marjorie Heins Jun 2006

Panel Iii: United States V. Martignon - Case In Controversy, William Patry, David Patton, Robert W. Clarida, Marjorie Heins

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Correct-Like Decision In United States V. Martifnon, David Patton Jun 2006

The Correct-Like Decision In United States V. Martifnon, David Patton

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Antitrust Aspects Of The "Access To Affordable Pharmaceuticals" Act: Incentives For Generics Out The Window?, Andrew H. Berks Jun 2006

Antitrust Aspects Of The "Access To Affordable Pharmaceuticals" Act: Incentives For Generics Out The Window?, Andrew H. Berks

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Hunting The Hunters: Ab 381 And California's Attempt To Restrain The Papparazzi, Samantha J. Katze Jun 2006

Hunting The Hunters: Ab 381 And California's Attempt To Restrain The Papparazzi, Samantha J. Katze

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Rethinking Gender Opportunities: Nontraditional Sports Seasons And Local Preferences, Kristen Boike May 2006

Rethinking Gender Opportunities: Nontraditional Sports Seasons And Local Preferences, Kristen Boike

University of Michigan Journal of Law Reform

In Communities for Equity v. Michigan High School Athletic Association, the Court of Appeals for the Sixth Circuit affirmed a district court decision, holding that the scheduling of high school girls' sports in "nontraditional" seasons in Michigan violated the Equal Protection Clause. The Supreme Court of the United States, granting certiorari, vacated and remanded this case back to the Sixth Circuit. This Note suggests reasons why the Sixth Circuit and/or the United States Supreme Court should protect the Michigan High School Athletic Association's (MHSAA) current scheduling of sports seasons. Specifically, using the model provided by Romer v. Evans and …


The Rebirth Of The Nba - Well, Almost: An Analysis Of The Maurice Clarett Decision And Its Impact On The National Basketball Association, Kevin J. Cimino Apr 2006

The Rebirth Of The Nba - Well, Almost: An Analysis Of The Maurice Clarett Decision And Its Impact On The National Basketball Association, Kevin J. Cimino

West Virginia Law Review

No abstract provided.


Decontextualization Of Musical Works: Should The Doctrine Of Moral Rights Be Extended?, Sarah C. Anderson Mar 2006

Decontextualization Of Musical Works: Should The Doctrine Of Moral Rights Be Extended?, Sarah C. Anderson

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Foreword: Engaging Documentaries Seriously, Regina Austin, Foreword Mar 2006

Foreword: Engaging Documentaries Seriously, Regina Austin, Foreword

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


‘Law Is Life!’: Flag Wars, Local Government Law, And The Gentrification Of Olde Towne East, Linda Goode Bryant Mar 2006

‘Law Is Life!’: Flag Wars, Local Government Law, And The Gentrification Of Olde Towne East, Linda Goode Bryant

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.