Entertainment, Arts, and Sports Law Commons^™

Pros And Kahns: The Proper Coach Liability Standard For Athlete Injuries In Collegiate Athletics, Mark R. Hamilton Jr.

Marquette Sports Law Review

No abstract provided.

Law Is In The Bin: New Frontiers In Conceptual Art And Legal Liability, Katelyn E. Doering

Notre Dame Law Review

Part I of this Note begins with a discussion of who Banksy is and why his work is important to this legal debate, finishing with a detailed description of the features of conceptual art that are relevant for legal analysis and an argument that the shredding stunt—the event itself, not the partially shredded canvas—is a work of conceptual art. Part II argues that the unique features of the shredding stunt, and of future works in the same artistic category, present a novel legal problem both for artists and for buyers. This novel problem is explored through the lens of …

What's In Your Box? Removing The Tiffany Standard Of Knowledge In Online Marketplaces, Hayley Dunn

Catholic University Journal of Law and Technology

Online shopping is a quintessential component of modern life. Millions of products from trusted brands are conveniently available at single-stop online marketplaces such as Amazon, eBay, and Alibaba with the click of a button from the comfort of home. But is the product delivered to the consumer’s front door actually the same as the one found on a store shelf? Pervasive trademark infringement in online marketplaces makes the answer to this question difficult, that is, until the consumer experiences negative consequences from a counterfeited product.

Under Tiffany (NJ) Inc. v. eBay, Inc., online marketplaces face almost no liability …

Liability Redefined: The Application Of Agency Law To An Athletic Booster's Relationship With An Ncaa Member Institution, Jennifer Lee

The Journal of Business, Entrepreneurship & the Law

This comment draws parallels between agency law and the role of athletic boosters in a university context. This comment suggests that universities should not be held liable for the actions of third-party boosters unless the university had knowledge of the booster’s conduct or lacked an adequate system of internal controls.

The Ncaa's Special Relationship With Student-Athletes As A Theory Of Liability For Concussion-Related Injuries, Tezira Abe

Michigan Law Review

The National Collegiate Athletic Association (NCAA) is the primary governing body of college athletics. Although the NCAA proclaims to protect student-athletes, an examination of its practices suggests that the organization has a troubling history of ignoring the harmful effects of concussions. Over one hundred years after the NCAA was established, and seventy years after the NCAA itself knew of the potential effects of concussions, the organization has done little to reduce the occurrence of concussions or to alleviate the potential effects that stem from repeated hits to the head. This Note argues for recognizing a special relationship between the NCAA …

Wrongful Death: Does The Ncaa Have An Affirmative Duty To Protect Its Student-Athletes?, Rae-Anna Sollestre

Marquette Sports Law Review

None

Foul-Ball Injury At South Bend Game Highlights Delicate Safety Balance, Ed Edmonds

NDLS in the News

Baseball teams have operated under the assumption that anyone who attends a game accepts the risk of injury from foul balls or bats—an assumption that has been upheld by courts in many states including Indiana, under the "baseball rule."

Danger In The Dmca Safe Harbors: The Need To Narrow What Constitutes Red Flag Knowledge, Hank Fisher

University of Richmond Law Review

No abstract provided.

Hitting A Home Run In Your Writing, David Spratt

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Derivative Works 2.0: Reconsidering Transformative Use In The Age Of Crowdsourced Creation, Jacqueline D. Lipton, John Tehranian

Articles

Apple invites us to “Rip. Mix. Burn.” while Sony exhorts us to “make.believe.” Digital service providers enable us to create new forms of derivative work — work based substantially on one or more preexisting works. But can we, in a carefree and creative spirit, remix music, movies, and television shows without fear of copyright infringement liability? Despite the exponential growth of remixing technologies, content holders continue to benefit from the vagaries of copyright law. There are no clear principles to determine whether any given remix will infringe one or more copyrights. Thus, rights holders can easily and plausibly threaten infringement …

Achieving Gender Equity Under Title Ix For Girls From Minority, Urban, Rural, And Economically Disadvantaged Communities, Kenneth D. Ferguson

Faculty Works

Unless middle school and high school girls in urban, rural, and minority communities are given the opportunities to participate in the emerging women’s sports, gender equity is being only facially achieved because Title IX requirements are implemented without specific regard to detrimental impacts on the aforementioned subgroups. This Article will consider the intersection of race, gender, economic status, and community characteristics with sports participation for girls in grades K-12 and will argue that there are two categories of intentional discrimination that are both actionable under Title IX. The first is direct discrimination by a perpetrator of the discrimination — the …

Take Me Out To The Ballgame . . . But Bring A Helmet: Reforming The "Baseball Rule" In Light Of Recent Fan Injuries At Baseball Stadiums, Matthew J. Ludden

Marquette Sports Law Review

No abstract provided.

When It Hits The Fan: Will There Be Liability For The Broken Bat?, A. David Austill

Marquette Sports Law Review

No abstract provided.

The Duty Of Care College Football Coaches Owe To Student Staff Members: Analyzing The Tragic Death Of A Student Videographer At Notre Dame, Aaron Hernandez

Marquette Sports Law Review

No abstract provided.

A Good Ride Spoiled: Legal Liability And Golf Carts, Robert D. Lang

Marquette Sports Law Review

None

The Virtues Of Common Law Theories And Disclosure Requirements In The Market For Fine Art, Brian D. Tobin

Student Articles and Papers

For centuries common law warranties and fraud theories have regulated misattribution and mistaken provenance in the market for fine art. Scholars have in recent decades proposed theories to supplement protection for unsophisticated buyers transacting with auction houses or dealers. Academia has also proposed the imposition of securities regulations upon auction houses for the purpose of protecting sellers—an argument that can be extended to protect buyers transacting with either auction houses or dealerships. In practice, the theories put forth to protect purchasers may not have an added benefit and will likely disrupt liquidity. The extension of regulations akin to the securities …

What's All The Headache: Reform Needed To Cope With The Effects Of Concussions In Football, Erika A. Diehl

Journal of Law and Health

In order to effectively manage this public health concern, it is imperative to gain an understanding of the issues surrounding head injuries in sporting events. This Note will discuss the increasing frequency and dangers of concussions in amateur and professional football. It will suggest that athletes, schools, coaches, and doctors must become more educated on the causes and dangers of concussions in order to ensure the safety of participants. In order to do so, this Note introduces a medical overview of concussions, while briefly outlining the diagnosis, long-term effects, and management of concussions. Part III discusses the legal theories athletes …

Student Gladiators And Sexual Assault: A New Analysis Of Liability For Injuries Inflicted By College Athletes, Ann Scales

Michigan Journal of Gender & Law

This Article will focus on an issue that was probably not on the minds of 19th century educators, nor primarily on the minds of the legions of present-day academic critics of intercollegiate sports. Namely, this Article explores the ways in which big-time athletics- particularly football-normalize and encourage harms to women, including educational and sexual harms. The author’s theses depend upon acknowledging certain open secrets about college football: that it is a celebration of male physical supremacy (measured by male standards); that it is something that society lets males do and have as their sport, for reasons both good and bad; …

The "Spiritual Temperature" Of Contemporary Popular Music, Tracy Reilly

Vanderbilt Journal of Entertainment & Technology Law

The purpose of this Article is to contribute to the volume of legal scholarship that focuses on popular music lyrics and their effects on children. This interdisciplinary cross-section of law and culture has been analyzed by legal scholars, philosophers, and psychologists throughout history. This Article specifically focuses on the recent public uproar over the increasingly violent and lewd content of death-metal and gangsta-rap music and its alleged negative influence on children. Many legal scholars have written about how legal and political efforts throughout history to regulate contemporary genres of popular music in the name of the protection of children's morals …

One Strike And You're Out: Alcohol In The Major League Baseball Clubhouse, Steven B. Berneman

Vanderbilt Journal of Entertainment & Technology Law

In the past decade, much has been written about Major League Baseball's (MLB) mistaken policies regarding performance-enhancing substance abuse by players. MLB executives are shortsighted, however, if they believe that steroids are the only substances being abused by players. Along with performance-enhancing drugs, professional baseball has a long-standing history of alcohol abuse. Steroids may provide better headlines--Congress has never held an investigation into alcohol abuse by professional athletes--but professional baseball faces a real danger from the unchecked liability of allowing players to overindulge at the ballpark and drive home shortly thereafter. By serving beer in the clubhouse after games, clubs …

Team Physicians: Adhering To The Hippocratic Oath Or Just Plain Hypocrites? , Andrew D. Hohenstein

Marquette Sports Law Review

No abstract provided.

Scuba Diving Buddies: Rights, Obligations, And Liabilities, Phyllis G. Coleman

Faculty Scholarship

A common misconception is that scuba diving is dangerous; the reality is that divers are more likely to be hurt in their cars driving to the dive site than in an underwater accident. Arguably one reason the sport is so safe is the widespread, and often mandatory, use of the buddy system.

A buddy expects his partner to perform a variety of tasks, which include assisting during an emergency. However, a glaring omission in the legal literature is the important issue of what happens when a diver's failure to act results in his buddy's death or serious injuries. This article …

Baseball Bats In The High Tech Era: A Products Liability Look At New Technology, Aluminum Bats, And Manufacturer Liability, Matthew R. Wilmot

Marquette Sports Law Review

No abstract provided.

Winning At All Costs: An Analysis Of A University's Potential Liability For Sexual Assualts Committed By Its Student Athletes , Jenni E. Spies

Marquette Sports Law Review

No abstract provided.

Avila V. Citrus Community College District: Shaping The Contours Of Immunity And Primary Assumption Of The Risk, Timothy Davis

Marquette Sports Law Review

No abstract provided.

An "Insider's" Guide To The Legal Liability Of Sports Contest Officials, Richard J. Hunter Jr.

Marquette Sports Law Review

No abstract provided.

The Referee's Liability For Catastrophic Sports Injuries - A Uk Perspective, Richard Caddell

Marquette Sports Law Review

No abstract provided.

Sports Volunteer Protection Statutes: Moving Toward Uniformity And Providing Volunteer Referees With Medical Training, Jason A. Kuiper

Marquette Sports Law Review

No abstract provided.

California Amusement Rides And Liability, Adam Epstein

Adam Epstein

Discussion of the majority and minority California Supreme Court decision involving the unfortunate 2000 incident at Disneyland which resulted in the death of a woman on her honeymoon.

A Legal Commentary On The National Federation Of High School Associations Track And Field Rules Relating To The Pole Vault, Russ Versteeg

Marquette Sports Law Review

No abstract provided.