Entertainment, Arts, and Sports Law Commons^™

The Exculpatory Contract And Public Policy, Ralph C. Anzivino

Marquette Law Review

Across the country, lawyers have searched for the magic formula to draft an exculpatory contract that would successfully exculpate their client in the event someone was injured while participating in a recreational activity sponsored by the client. Some examples of events would include snow skiing, swimming at a guest-only pool, horseback riding, white-water rafting, camping, running in a marathon, visiting a haunted house at Halloween, or a myriad of other events. The uniform standard by which the enforceability of these exculpatory clauses is measured is whether the exculpatory contract is against public policy.

The public policy of any state can …

Med-Arb And Professional Sports: Could Med-Arb Work As An Effective Dispute Resolution Process In Professional Sports?, Taylor Brisco

Marquette Sports Law Review

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Index: Sports Law In Law Reviews And Journals, Jordan Lysiak

Marquette Sports Law Review

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Application Of The Uaaa, Ruaaa, And State Athlete-Agent Laws To Corruption In Men's College Basketball And Revisions Necessitated By Ncaa Rule Changes, Joshua Lens

Marquette Sports Law Review

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Index: Sports Law In Law Reviews And Journals, Audrey Johnson

Marquette Sports Law Review

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Scènes À Faire In Music: How An Old Defense Is Maturing, And How It Can Be Improved, Torrean Edwards

Marquette Intellectual Property Law Review

First, this Comment will provide background on the test for copyright infringement used by the Fourth, Eighth, and Ninth Circuits. Second, the Comment will address what scènes à faire is and how recent cases have treated scènes à faire in music. Third and finally, the Comment will offer a suggestion as to a proper scènes à faire determination and analyze how scènes à faire should be applied.

The Trademark Dilution Revision Act's Nullifying Effect On Famous Mark Holder's Dilution Claims, Kathleen Bodenbach

Marquette Intellectual Property Law Review

This comment will address how the TDRA has left famous mark holders, particularly high-end fashion house Louis Vuitton, with little in its arsenal to prevent others from mocking and devaluing its marks despite its worthy efforts. Part II addresses the relationship between trademark infringement, dilution, and parody. Part III takes a closer look at fashion giant Louis Vuitton’s strides to protect its famous marks and the courts’ differing approaches to assessing whether a parody exists. Part III also addresses the relationship between parody when it does and does not operate as a designation of source. Part IV offers a discussion …

Questions Of Trust, Betrayal, And Authorial Control In The Avant-Garde: The Case Of Julius Eastman And John Cage, Toni Lester

Marquette Intellectual Property Law Review

This article explores how the idea of trust-based dialogue can give us an alternative understanding about the nature of authorial control and inter-pretation across identity-based differences. Part One will discuss the respective personal stories, philosophies, and competing historical understandings that influenced Cage’s creation of Solo and Eastman’s interpretation thereof. Part Two will offer definitions of trust and communication from the fields of feminist relational psychology, philosophy, and law. Throughout Part Two, I will reflect on the extent to which a trust-based dialogue could have taken place between Cage and Eastman. My general sense is that the answer is “no.” Both …

What Are We To Do With Deposit Copies?, Sadie Zurfluh

Marquette Intellectual Property Law Review

One of the problems courts are faced with today is determining what happens with unpublished works registered under the 1909 Act: can only the sheet music filed with the deposit copy come into evidence when comparing two works as substantially similar? In 2015, the district court in Williams v. Gaye addressed the issue; however, the Ninth Circuit declined to decide the issue on appeal.8 Later in 2018, in Skidmore v. Zeppelin (“Skidmore”), the Ninth Circuit concluded that when dealing with unpublished works under the 1909 Act, the deposit copy defines the scope of the copyright. Part I of this comment …

Setting Up Dates With Death? The Law And Economics Of Extreme Sports Sponsoring In A Comparative Perspective, Horst Eidenmüller

Marquette Sports Law Review

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Table Of Contents

Marquette Sports Law Review

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An Empirical Evaluation Of Eada And Ncaa College Sports Financial Data: Applications For Research And Litigation, Ted Tatos

Marquette Sports Law Review

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Nfl National Anthem Protests: An Impending Labor Law Violation?, M'Kenzee Galloway

Marquette Sports Law Review

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Whose Fault Is It Anyway? How Sexual Abuse Has Plagued The United States Olympic Movement And Its Athletes, Katherine Hampel

Marquette Sports Law Review

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2018 Annual Survey: Recent Developments In Sports Law, Jordan Lysiak, Aurusa Kabani, Molly Harding

Marquette Sports Law Review

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2019 Master Of The Game: Dean Emeritus Frank C. Deguire

Marquette Sports Law Review

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Kentucky And Sports Law, Adam Epstein

Marquette Sports Law Review

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Solving The Problem Of Social Cost Through Legislative Pressure: A Case Study Of The Coase Theorem As Applied To The College Basketball Shoe Scandal, Stephen F. Ross, Miles J. Gueno

Marquette Sports Law Review

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2019 Annual Survey: Recent Developments In Sports Law, Audrey Johnson

Marquette Sports Law Review

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Table Of Contents

Marquette Sports Law Review

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First Draft Pick Or Benched Indefinitely? The Future Of The Single-Entity Doctrine In Sports Antitrust, Luke Archer

Marquette Sports Law Review

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Legal Implications Of Conducting Background Checks On Intercollegiate Student Athletes, Jeffrey F. Levine, Alicia M. Cintron, Kristy L. Mccray

Marquette Sports Law Review

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The Adidas College Basketball Scandal And Its Aftermath, Austin Malinowski

Marquette Sports Law Review

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Anatomy Of A Baseball Law Course, Robert M. Jarvis

Marquette Sports Law Review

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This Is Our House! - The Tax Man Comes To College Sports, Kathryn Kisska-Schulze

Marquette Sports Law Review

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Hazing In High School Athletics: An Analysis Of Victims, Gregory S. Parks, Nicolette Delorenzo

Marquette Sports Law Review

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