Entertainment, Arts, and Sports Law Commons^™

Ideologia E Utopias Nas Mais Recentes Constituintes Brasileira E Portuguesa: Algumas Linhas De Leitura, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Based upon a political compromise, in which « democratic socialists » and « social democrats » were the main protagonists, the ideology of Portuguese Constitution of 1976 was discrete, subtle. And ulterior constitutional revisions confirmed that fondamental aspect. Of course, utopia was present. But, even more present was the « hope principle ». We believe that the Brazilean constituent assembly, with the original importance of popular contributions, also had hope principle’s decisive influence. But the dinamics of the constituent assembly moderated, since the very beggining, the verbal signs of less discret ideologies. Utopia, neverthless, is very present in the aim …

El Contrato De Merchandising, Jose R. Nina

Jose R. Nina Cuentas

El panorama en el que se desenvuelve el presente trabajo parte de atender al refinamiento de una practica comercial que busca promocionar la identificación y venta de bienes y servicios en una economía de mercado, en la cual se incentiva la habilidad y el ingenio de quienes saben hacerse de los mejores recursos, dentro de los marcos legales permitidos, para posicionarse por encima de sus competidores en el mercado.

Anti-Doping Suspensions And Restraint Of Trade In Sport, Annette Greenhow

Annette Greenhow

The regulator of doping in sport seeks to preserve the spirit of sport and act as the paternalistic protector of the sports participant. But sanctions originally designed to stop drug cheats using artificial performance enhancers in Olympic competition have expanded to cover the use of recreational drugs. There is emerging support for the view that the penalty must fit the crime and that governing bodies must ensure that their legitimate interests outweigh the detriment to the athlete. With doping sanctions imposed for the use of recreational drugs, a restraint of trade claim has prospects of success on the basis of …

Competencia Desleal En La Modalidad De Ambush Marketing: ¿Realmente Debe Preocuparnos?, Gustavo M. Rodríguez García

Gustavo M. Rodríguez García

Ambush marketing is calling for the attention of specialists around the world because of recent legal proposals in order to regulate this practice. In Peru, unfair competition law may be the way to respond to ambush marketing. However, is it really a problem that law should solve? or is it just the natural reaction of competitors in the market? is it unfair o simply agressive competition?

Lottery Tickets Sold After The Featured Prize Is Claimed: Will The Courts Force The Practice To Be Stopped?, Darren Prum

Darren A. Prum

No abstract provided.

Las Obligaciones Negociables Convertibles En Acciones, Gaston Mirkin

Gaston Mirkin

No abstract provided.

Cuarto Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García

Bruno L. Costantini García

Memorias del Cuarto Congreso Nacional de Organismos Públicos Autónomos

"El papel de los Organismos Públicos Autónomos en la Consolidación de la Democracia"

O Que É Uma Universidade?, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Pouca gente sabe hoje o que é uma Universidade, a sério. Confunde-se muito Universidade e super-mercado de aulas, ou fábrica de « investigação » ou « pesquisa », assim como se confunde serviço público com negócio, vocação com interesse pessoal, etc. É a própria essência da Universidade que está em causa. A confusão é grande no público, que vê a Universidade sobretudo como uma forma de promoção social, pelos diplomas. A confusão não é menor na própria Universidade. Os universitários mais responsáveis interrogam-se sobre a sua função, o sentido do trabalho que fizeram e fazem, e a sua sorte na …

Impedimentos A La Declaración Como Denominaciones De Origen En El Decreto Legislativo 1075 Sobre Propiedad Industrial, Gustavo M. Rodríguez García

Gustavo M. Rodríguez García

No abstract provided.

El Abuso Del Derecho, Jose R. Nina

Jose R. Nina Cuentas

Anotaciones sobre su configuración doctrinaria y legislativa.

The Marriage Contract In Fine Art, Benjamin A. Templin

Benjamin A. Templin

This paper studies the depiction of the marriage contract in Dutch, French and English genre paintings from the 14th to 18th centuries. Increasingly, scholars have recognized that visual imagery influences the development of legal norms and institutions. During the period studied several genre artists produced paintings that dealt with themes that were central to the issues surrounding the marriage laws, such as the rights of women or whether marriage is a sacrament or a contract. Interestingly, many of the themes depicted in the collective body of marriage contract art echoes and amplifies the issues surrounding the rights of women and …

Extraordinary And Compelling: A Re-Examination Of The Justifications For Compassionate Release, William W. Berry Iii

William W Berry III

Federal law, unbeknownst to many, includes a provision that permits the immediate release of federal prisoners. This safety valve provision requires that the Director of the Bureau of Prisons make a motion on behalf of the prisoner in order to secure the prisoner's compassionate release. Far from being a veiled version of parole, this compassionate release provision is to be used only in circumstances deemed "extraordinary and compelling." While the Bureau of Prisons has read this language very narrowly for many years, considering only terminally ill inmates as candidates for compassionate release, the Sentencing Commission modified its Guideline commentary in …

Flight Check: Are Air Carriers Any Closer To Providing Gambling On International Flights That Land Or Depart From The United States?, Darren Prum

Darren A. Prum

No abstract provided.

Off-Court Misbehavior: Sports Leagues And Private Punishment, Janine Young Kim, Matthew J. Parlow

Janine Kim

The “Spiritual Temperature” Of Contemporary Popular Music: An Alternative To The Legal Regulation Of Death-Metal And Gangsta-Rap Lyrics, Tracy Reilly

Tracy Reilly

Opportunism, Uncertainty, And Relational Contracting - Antitrust Rules In The Film Industry, Ryan M. Riegg

Ryan M. Riegg

Conversations With The Law: Irony, Hyperbole, And Identity Politics Or Sake Pase? Wyclef Jean, Shottas, And Haitian Jack: A Hip-Hop Creole Fusion Of Rhetorical Resistance To The Law, Nick J. Sciullo

Nick J. Sciullo

This article sets out to prove why the law must be investigated in an interdisciplinary fashion which invites an in-tersection between law, popular culture, and identity politics. First, this article describes how Wyclef Jean, a hip-hop artist, is an active voice of legal criticism and why his criticism is important to a larger discussion of the law. Second, this paper develops a conception of Creole/Haitian legal studies and its importance as an analytical lens through which to perceive the law and legal institutions. Third, this piece formulates a rhetorical criticism n4 of the law through the rhe-torical terrain of Wyclef's …

Simply A Dress Rehearsal? U.S. Olympic Sports Arbitration And De Novo Review At The Court Of Arbitration For Sport, Maureen A. Weston Prof.

Maureen A Weston

This article discusses issues that can arise when American atheletes attempt to deal with the web of national and international dispute resolution procedures and the emerging lex sportiva, which govern international sports. Specifically, it examines the reasons why the American court system cannot assist American athletes who submit to international sports dispute resolution procedures. Congress has designated the United States Olympic Committee (USOC) as the domestic organization that handles disputes involving Olympic-eligible American athletes. If the USOC declares an athlete ineligible or hands down some other sanction, the case can be submitted to the American Arbitration Association (AAA), the tribunal …

Collective Bargaining As A Dispute-Reduction Vehicle Accommodating Contrary Animal Welfare Agendas, Michael N. Widener

Michael N. Widener

Animal activists and animal enterprise managers share little common ground debating science and values. Activists are frustrated with the pace of improvements in animal welfare. Enterprise managers tire of activists’ increasingly threatening, urban-guerilla tactics. Meanwhile, legislation is ineffective to bring meaningful improvements to animal treatment or to stop activist civil disobedience-driven acts of property damage and public vilification of perceived animal “enemies.” Lawsuits filed to sanction a camp’s behavior tax patience and resources on both sides. Violence against persons appears imminent between the factions. This essay advocates implementing collective bargaining processes along certain animal enterprise sector lines to engage enterprise …

Hold Your Fire: The Injustice Of Ncaa Sanctions On Innocent Student Athletes, Dylan O. Malagrino

Dylan Malagrinò

Politeia And Arete. Archeology Of Senses And Hellenic Legacy, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

The idea of the Republic and its value is again the order of the day, not only due to Neorepublican theorists, but also because of many current debates, such as multiculturalism, the laicity of states and societies, transparency and corruption, etc. Along with Republican constitutional rules, principles and values, some proclaimed during the French Revolution (such as Liberté, Égalité, Fraternité), the debate shows the importance of an even deeper question: the importance of virtues, and the Greek legacy of Republican virtues. In this paper, among other points, we remember Pericles’ funereal speech in Thucydides’ History of Peloponnesian War, and some …

Hermenêutica Constitucional Entre Savigny E O Neoconstitucionalismo, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Apontar para os novos rumos jurisfilóficos mas também práticos do Neoconstitucionalismo contrastando as suas aportações hermenêuticas com o legado de Savigny nesta matéria.

Neoconstitucionalismo: De Espectro A Realidade, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Prefácio da obra "Neoconstituionalismo", chamando a atenção para o papel desta nova perspectiva, novo paradigma da juridicidade, chamado a reforçar a centralidade do Direito Constitucional no mundo jurídico, e a desempenhar um papel de relevo no plano hermenêutico e da superação (?) de algumas querelas jurisfilosóficas.

Imagining Territories: Space, Place, And The Anticity, Jonathan Yovel

Jonathan Yovel

This essay explores the concept of "Territory" in some of its cultural forms, as well as looks into cultural and linguistic conditions for territories-talk. Initially, it engages territory as a pre-political representation and explores its formal relation to space and to place. It defines territory as the paradigmatic non-place and contrasts it with the concept of the city (in fact, an anticity), especially as reflected in renaissance and early modern art/architecture, with examples from Schedel, Bellini, Breugel and others, as well as from contemporary graphic works (Moebius, Qual, Nowak).

Moving from the cultural to the political, territories are then explored …

Gambling And Collegiate Athletics, Adam Epstein, Bridget Niland

Adam Epstein

The article discusses concerns involving intercollegiate sports gambling. It explores the National Collegiate Athletic Association (NCAA) rules known as Bylaws. The article also outlines and explores a history of notable college sports gambling incidents involving individuals and NCAA schools. The article also reviews relevant federal and state laws.

Sports Agent Litigation And The Regulatory Environment, Adam Epstein

Adam Epstein

Some of the more important civil and criminal cases involving the litigious history of the sports agent business are discussed. The article provides the fundamentals of the regulatory environment in which sports agents (many of whom are lawyers) operate. While discussion of sports agency is not novel, the collection of major cases coupled with the current state of the regulatory/business environment provides the reader with a solid basis for future consideration or research. The appropriate state and federal laws are explored in detail. The role that the National Collegiate Athletic Association (NCAA) plays in “regulating” sports agents is also discussed.

Incorporating The Criminal Law In Sport Studies, Adam Epstein

Adam Epstein

The purpose of this article is to provide an outline for teaching the criminal law in a sport studies (or related) course. The article discusses the differences among various crimes and whether physical violence involves legitimate or illegitimate force during a sports contest. Even non-violent (white collar) crimes such as the incident at the University of Toledo demonstrate how the criminal law can weave its way into the legal environment of sport. The article also notes how crimes can be committed in all environments and at all levels: youth sport, recreational activities and leagues, amateur competition and in the professional …

Utilization Of The National Collegiate Athletic Association (Ncaa) Manual As A Teaching Tool, Adam Epstein

Adam Epstein

This article provides instructors with some ideas as to how they can incorporate the Division I NCAA Manual into their own course without having to reinvent the wheel. Part I offers a brief history of the NCAA and provides the proper context for the particular provisions of the Manual. Part II focuses on the Manual itself, including discussions of principles and themes found within its borders, the connection of the Manual to traditional legal and sports law topics, and offers examples of some oversights and curious provisions for comic relief.

Off-Court Misbehavior: Sports Leagues And Private Punishment, Matthew J. Parlow, Janine Young Kim

Matthew Parlow

Sobre El Contrato De Licencia De Marcas, Gustavo M. Rodríguez García

Gustavo M. Rodríguez García

The author explains the basics of trademark licence agreements in light of peruvian legislation and shares some considerations about the explicit and implicit obligations of the parties