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Entertainment, Arts, and Sports Law Commons™
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Articles 1 - 30 of 127
Full-Text Articles in Entertainment, Arts, and Sports Law
Introduction To Keynote Address, Joel R. Reidenberg
Introduction To Keynote Address, Joel R. Reidenberg
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Leave No Stone Unturned: The Search For Art Stolen By The Nazis And The Legal Rules Governing Restitution Of Stolen Art, Kelly Diane Walton
Leave No Stone Unturned: The Search For Art Stolen By The Nazis And The Legal Rules Governing Restitution Of Stolen Art, Kelly Diane Walton
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Keynote Address: Commons And Code, Lawrence Lessig
Keynote Address: Commons And Code, Lawrence Lessig
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel I: The First Amendment Implications Of Convergence, Andrew Jay Schwartzman, Nicholas Jollymore, Janine Jaquet, Jonathan Zittrain
Panel I: The First Amendment Implications Of Convergence, Andrew Jay Schwartzman, Nicholas Jollymore, Janine Jaquet, Jonathan Zittrain
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel Ii: The Economic And Regulatory Issues Of Convergence, William Baer, Lawrence Grossman, Jeffrey Lanning, Robert Joffe
Panel Ii: The Economic And Regulatory Issues Of Convergence, William Baer, Lawrence Grossman, Jeffrey Lanning, Robert Joffe
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Protection In The United States For “Famous Marks”: The Federal Trademark Dilution Act Revisited, Edward E. Vassallo, Maryanne Dickey
Protection In The United States For “Famous Marks”: The Federal Trademark Dilution Act Revisited, Edward E. Vassallo, Maryanne Dickey
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Oddzon Products And Derivation Of Invention: At Odds With The Purpose Of Section 102(F) Of The Patent Act Of 1952?, Brian P. Murphy
Oddzon Products And Derivation Of Invention: At Odds With The Purpose Of Section 102(F) Of The Patent Act Of 1952?, Brian P. Murphy
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Jurisdiction, Choice Of Law, Copyright, And The Internet: Protection Against Framing In An International Setting, Kai Burmeister
Jurisdiction, Choice Of Law, Copyright, And The Internet: Protection Against Framing In An International Setting, Kai Burmeister
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Laudatory Terms In Trademark Law: Square Pegs In Round Holes, Gary J. Sosinsky
Laudatory Terms In Trademark Law: Square Pegs In Round Holes, Gary J. Sosinsky
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Damnum Absque Inujria: Zeran V. Aol And Cyberspace Defamation Law, Steven M. Cordero
Damnum Absque Inujria: Zeran V. Aol And Cyberspace Defamation Law, Steven M. Cordero
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Post Industrial Patent System, John R. Thomas
The Post Industrial Patent System, John R. Thomas
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
George Washington University Law School And Oracle Corporation Symposium On Intellectual Property Rights In Methods Of Doing Business, Sanjay Prasad
George Washington University Law School And Oracle Corporation Symposium On Intellectual Property Rights In Methods Of Doing Business, Sanjay Prasad
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Obviousness And New Technologies, John Kasdan
Obviousness And New Technologies, John Kasdan
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The State Street Bank Decision: The Bad Business Of Unlimited Patent Protection For Methods Of Doing Business, Leo J. Raskind
The State Street Bank Decision: The Bad Business Of Unlimited Patent Protection For Methods Of Doing Business, Leo J. Raskind
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Scope Of Protection Problems With Patents And Copyrights On Methods Of Doing Business, Richard H. Stern
Scope Of Protection Problems With Patents And Copyrights On Methods Of Doing Business, Richard H. Stern
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Unfair Competition Law And The European Court Of Human Rights: The Case Of Hertel V. Switzerland And Beyond, A. Kamperman Sanders
Unfair Competition Law And The European Court Of Human Rights: The Case Of Hertel V. Switzerland And Beyond, A. Kamperman Sanders
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Opportunity Costs Of Globalizing Information Licenses Embedding Consumer Rights Within The Legislative Framework For Information Contracts, Gail E. Evans
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Parallel Trade In The Pharmaceutical Industry: Implications For Innovation, Consumer Welfare, And Health Policy Article, Clause E. Barfield, Mark A. Groombridge
Parallel Trade In The Pharmaceutical Industry: Implications For Innovation, Consumer Welfare, And Health Policy Article, Clause E. Barfield, Mark A. Groombridge
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Hell Hath No Fury Like A Fan Scorned: State Regulation Of Sports Agents, Phillip J. Closius
Hell Hath No Fury Like A Fan Scorned: State Regulation Of Sports Agents, Phillip J. Closius
All Faculty Scholarship
This article first describes the existing system of state statutes regulating sports agents, including the proposed Model Uniform Athlete Agents Act. The article then examines the validity of these statutes in the context of jurisdictional limitations and dormant Commerce Clause principles. Lastly, federal regulation and the rules of professional sports unions are considered as alternatives to state legislative activity.
Comment On Steven Lubet, Reconstructing Atticus Finch, Rob Atkinson
Comment On Steven Lubet, Reconstructing Atticus Finch, Rob Atkinson
Michigan Law Review
Professor Lubet has joined a growing list of revisionists who question Atticus's standing as the paragon of lawyerly virtue.1 But Professor Lubet takes revisionism in a distinctly postmodern direction, if not to a radically new level. Atticus's previous critics have wondered how he could have overlooked, perhaps even condoned, the pervasive racism, sexism, and classism of the Depression-era South. They have even occasionally censured his paternalism toward his pro bono client, the working-class black rape defendant Tom Robinson. But they have never questioned either Tom's claim of innocence or the propriety of Atticus's advocacy of that claim. Professor Lubet questions …
Response To Steven Lubet: A Reaction: "Stand Up, Your Father [A Lawyer] Is Passing", Burnele V. Powell
Response To Steven Lubet: A Reaction: "Stand Up, Your Father [A Lawyer] Is Passing", Burnele V. Powell
Michigan Law Review
Professor Steven Lubet's review examines in the lawyering context the truth of Due de La Rochefoucauld's observation that "[o]ur virtues are mostly but vices in disguise." His question - one going to the very heart of what lawyering is about - asks readers of To Kill a Mockingbird whether they would be equally prepared to accept the fictional Atticus Fmch as the personification of the good lawyer if his black client, defendant Tom Robinson, actually committed the rape of the white woman, Mayella Ewell, for which he was charged. If Robinson was a rapist, how then does one square Atticus's …
Reconstructing Atticus Finch, Steven Lubet
Reconstructing Atticus Finch, Steven Lubet
Michigan Law Review
Atticus Finch. No real-life lawyer has done more for the self-image or public perception of the legal profession than the hero of Harper Lee's novel, To Kill a Mockingbird. For nearly four decades, the name of Atticus Finch has been invoked to defend and inspire lawyers, to rebut lawyer jokes, and to justify (and fine-tune) the adversary system. Lawyers are greedy. What about Atticus Finch? Lawyers only serve the rich. Not Atticus Finch. Professionalism is a lost ideal. Remember Atticus Finch. In the unreconstructed Maycomb, Alabama of the 1930s, Atticus was willing to risk his social standing, professional reputation, and …
Reconstructing Atticus Finch? A Response To Professor Lubet, Ann Althouse
Reconstructing Atticus Finch? A Response To Professor Lubet, Ann Althouse
Michigan Law Review
In one of her childishly obtuse moments, Scout, the narrator of Harper Lee's To Kill a Mockingbird, denies that her father Atticus Finch is any sort of proper example of how a lawyer ought to act when cross-examining a witness. The prosecutor's crossexamination of the accused Tom Robinson has moved her friend Dill to tears: "I couldn't stand . . . [t]hat old Mr. Gilmer doin' him thataway, talking so hateful to him _" Scout, who has taken her friend out of the courtroom, explains: "Dill, that's his job . . . . He's supposed to act that way." Atticus, …
Moral Icons: A Comment On Steven Lubet's Reconstructing Atticus Finch, William H. Simon
Moral Icons: A Comment On Steven Lubet's Reconstructing Atticus Finch, William H. Simon
Michigan Law Review
Atticus Finch's conduct would have been justified by the bar's conventional norms even if he had known Tom Robinson to be guilty. That fact, however, is not the source of the admiration for him that To Kill a Mockingbird has induced in so many readers. That admiration depends on the clear premise of the novel that Finch plausibly believes that Tom Robinson is innocent. Thus, the bar's invocation of Finch as a sympathetic illustration of its norms is misleading. The ethics of the novel are quite different from those of the bar. Steven Lubet does a good job of showing …
Atticus Finch, In Context, Randolph N. Stone
Atticus Finch, In Context, Randolph N. Stone
Michigan Law Review
One summer night in 1955, Emmett Till, a fourteen-year-old Chicago boy visiting relatives in Mississippi, was abducted by two white men, beaten, and shot; his body was tied to a fan from a cotton gin and thrown in a river. Emmett's "crime": being black and allegedly whistling at a white woman. Through the early 1970s, hundreds of black men had been "legally" executed after being convicted, usually by all white juries or white judges, of sexually assaulting white women; hundreds more were lynched and otherwise extrajudicially executed. This is the historical context of white supremacy essentially ignored by Professor Lubet …
Reply To Comments On Reconstructing Atticus Finch, Steven Lubet
Reply To Comments On Reconstructing Atticus Finch, Steven Lubet
Michigan Law Review
Reconstructing Atticus Finch was intended to be provocative, so I am not surprised at the strength of the responses. Neither should I be surprised by the continuing reverence engendered by the fictional Atticus Finch; as I pointed out in my original essay, he is our moral archetype. Indeed, it was the accepted nobility of the character that made my question worth asking in the first place. What if Mayella had been attacked by Tom Robinson? Would Atticus still be a hero? To ask that question about a lesser figure would inevitably invite stock responses. Champions of the adversary system would …
These Are The People In Your Neighborhood, Elliot Regenstein
These Are The People In Your Neighborhood, Elliot Regenstein
Michigan Law Review
The 1997 St. Louis Rams media guide contains a glowing description of the team's star rookie from the prior season. The guide highlights his brilliant college career, describes his solid first professional season, and mentions that he grew up in Los Angeles. In a gray box above his football statistics, it notes that he frequently visits the Emergency Children's Home (ECHO) for troubled youth, where he talks to kids and plays basketball with them. The description would all look pretty normal if it wasn't a portrait of Lawrence Phillips. Almost every other sporting publication has written of Phillips not as …
The Rise Of America's Two National Pastimes: Baseball And The Law, Cleta Deatherage Mitchell
The Rise Of America's Two National Pastimes: Baseball And The Law, Cleta Deatherage Mitchell
Michigan Law Review
Mark McGwire's seventieth home run ball sold at auction in January of this year for $3,005,000. In late 1998, Baltimore Orioles owner Peter Angelos sued a former Orioles manager and his daughter in the circuit court of Cook County, Illinois. Angelos alleged that the original lineup card from the 1995 game when Cal Ripken, Jr., broke Lou Gehrig's consecutive game record belongs to the Orioles, not to the former manager and certainly not to his daughter. There may be no crying in baseball, but there is money. And wherever earthly treasure gathers two or more, a legal system arises. From …
The Globalization Of Baseball: Major League Baseball And The Mistreatment Of Latin American Baseball Talent, Arturo J. Marcano, David Fidler
The Globalization Of Baseball: Major League Baseball And The Mistreatment Of Latin American Baseball Talent, Arturo J. Marcano, David Fidler
Indiana Journal of Global Legal Studies
No abstract provided.
Implementation And Modification Of Title Ix Standards: The Evolution Of Athletics Policy, Robert R. Hunt
Implementation And Modification Of Title Ix Standards: The Evolution Of Athletics Policy, Robert R. Hunt
Brigham Young University Education and Law Journal
No abstract provided.