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Marquette University Law School

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Articles 1 - 30 of 686

Full-Text Articles in Entertainment, Arts, and Sports Law

The Exculpatory Contract And Public Policy, Ralph C. Anzivino Mar 2019

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 ...


Index: Sports Law In Law Reviews And Journals, Jordan Lysiak Jan 2019

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

Marquette Sports Law Review

None


Table Of Contents Jan 2019

Table Of Contents

Marquette Sports Law Review

None


This Is Our House! - The Tax Man Comes To College Sports, Kathryn Kisska-Schulze Jan 2019

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

Marquette Sports Law Review

None


Anatomy Of A Baseball Law Course, Robert M. Jarvis Jan 2019

Anatomy Of A Baseball Law Course, Robert M. Jarvis

Marquette Sports Law Review

None


An Empirical Evaluation Of Eada And Ncaa College Sports Financial Data: Applications For Research And Litigation, Ted Tatos Jan 2019

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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Hazing In High School Athletics: An Analysis Of Victims, Gregory S. Parks, Nicolette Delorenzo Jan 2019

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

Marquette Sports Law Review

None


Med-Arb And Professional Sports: Could Med-Arb Work As An Effective Dispute Resolution Process In Professional Sports?, Taylor Brisco Jan 2019

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

Marquette Sports Law Review

None


Nfl National Anthem Protests: An Impending Labor Law Violation?, M'Kenzee Galloway Jan 2019

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

Marquette Sports Law Review

None


Whose Fault Is It Anyway? How Sexual Abuse Has Plagued The United States Olympic Movement And Its Athletes, Katherine Hampel Jan 2019

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

Marquette Sports Law Review

None


2018 Annual Survey: Recent Developments In Sports Law, Jordan Lysiak, Aurusa Kabani, Molly Harding Jan 2019

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

Marquette Sports Law Review

None


Table Of Contents Jan 2019

Table Of Contents

Marquette Sports Law Review

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

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

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 Jan 2019

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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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 Jan 2019

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

None


Legal Implications Of Conducting Background Checks On Intercollegiate Student Athletes, Jeffrey F. Levine, Alicia M. Cintron, Kristy L. Mccray Jan 2019

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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Kentucky And Sports Law, Adam Epstein Jan 2019

Kentucky And Sports Law, Adam Epstein

Marquette Sports Law Review

None


First Draft Pick Or Benched Indefinitely? The Future Of The Single-Entity Doctrine In Sports Antitrust, Luke Archer Jan 2019

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

Marquette Sports Law Review

None


Setting Up Dates With Death? The Law And Economics Of Extreme Sports Sponsoring In A Comparative Perspective, Horst Eidenmüller Jan 2019

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

Marquette Sports Law Review

None


The Adidas College Basketball Scandal And Its Aftermath, Austin Malinowski Jan 2019

The Adidas College Basketball Scandal And Its Aftermath, Austin Malinowski

Marquette Sports Law Review

None


Index: Sports Law In Law Reviews And Journals, Audrey Johnson Jan 2019

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

Marquette Sports Law Review

None


The Architectural Works Copyright Act: Can It Protect An Architect's State Of The Art Development When Funded Through Federal Dollars?, Kyle R. Moore Jan 2018

The Architectural Works Copyright Act: Can It Protect An Architect's State Of The Art Development When Funded Through Federal Dollars?, Kyle R. Moore

Marquette Intellectual Property Law Review

Westlawn Gardens, the multi-million, multi-phase redevelopment, is nearing completion. As it stands, the LEED award winning development is the largest public housing neighborhood in Wisconsin. But what if a commercial company or individual tried to recreate that development; would the original architect’s work be protected under copyright law?

Copyright law has provided no answers and the law typically protects the architect, but when federal dollars are handed down to independent agencies the ownership line is blurred. 17 United States Code Section 105, states that “copyright protection under this title is not available for any work of the United States ...


Congress Does Not Hide Elephants In Mouse-Holes: How Vimeo Paid No Heed To That Caution, Mitch Bailey Jan 2018

Congress Does Not Hide Elephants In Mouse-Holes: How Vimeo Paid No Heed To That Caution, Mitch Bailey

Marquette Intellectual Property Law Review

With the passage of the 1976 Copyright Act, sound recordings fixed prior to February 15, 1972 remained under the protection of the state copyright laws where the works were registered. Some incredible culturally significant songs were fixed before February 15, 1972, including songs from “The Beatles, The Supremes, Elvis Presley, Aretha Franklin, Barbara Streisand, and Marvin Gaye.” To date, state law protects the owner’s rights without interference from federal law, including the Digital Millennium Copyright Act (“DMCA”).

Given its location, the Second Circuit significantly influenced the development of intellectual property law in the United States, especially copyright law. Many ...


The Right To Creative Illegitimacy: Art And The Fallacy Of Proprietary Legitimation, John Baldacchino Jan 2018

The Right To Creative Illegitimacy: Art And The Fallacy Of Proprietary Legitimation, John Baldacchino

Marquette Intellectual Property Law Review

When we speak of the arts, and more so when one engages with the arts as a practitioner in their various contexts, the questions of legitimacy and legitimation take a very different turn. This spans across a wide horizon, whether it is that of art-making in the studio; of showing in the gallery; of performing in the hall; or of teaching, learning and unlearning in schools, colleges or universities.

To start with, one needs to understand and find a way of differentiating between legitimacy and legitimation. Legitimacy implies a degree of conformity, whether it is with the law, agreed rules ...


The Times They Are A-Changin': Innovation In The Modern Music Festival, Molly R. Madonia Jan 2018

The Times They Are A-Changin': Innovation In The Modern Music Festival, Molly R. Madonia

Marquette Intellectual Property Law Review

Musical festivals are, and have always been, a way for friends and families to gather together to celebrate the latest and greatest in music, food, and entertainment. From large festivals in major metropolitan cities to small, intimate shows, music festivals have long been a source of enjoyment to music fans and a source of inspiration to up-and-coming musicians. This Article will explore innovation within the modern music festival, including legal, political, and operational changes that affect festivals across the country. So, as Emerson, Lake, and Palmer so eloquently expressed, “Welcome back my friends to the show that never ends, we ...


Joutsing At Windmills: Cervantes And The Quixotic Fight For Authorial Control, H. Parkman Biggs Jan 2018

Joutsing At Windmills: Cervantes And The Quixotic Fight For Authorial Control, H. Parkman Biggs

Marquette Intellectual Property Law Review

Achieving the appropriate balance between the right of first authors to control the later use of their work and freedom for follow-on authors to further develop from that text has long been challenging. Currently, under United States law in particular, fair use stands as a nebulous to buffer between the two creative camps, granting a significantly limited right to the second author to work from the first authors’ text. While that tension excites its own debate, a less considered aspect of this tension involves the degree to which the first author might be creatively and productively affected by the follow-on ...


Table Of Contents Jan 2018

Table Of Contents

Marquette Sports Law Review

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2017 Master Of The Game Award Jan 2018

2017 Master Of The Game Award

Marquette Sports Law Review

None


Teaching Ethics With Sports: Recent Developments, Adam Epstein, Barbara Osborne Jan 2018

Teaching Ethics With Sports: Recent Developments, Adam Epstein, Barbara Osborne

Marquette Sports Law Review

None


Get Off The Courts: Using Adr Principles To Resolve High School Sport Disputes, Dominic D. Saturday, Amanda M. Siegrist, William A. Czekanski Jan 2018

Get Off The Courts: Using Adr Principles To Resolve High School Sport Disputes, Dominic D. Saturday, Amanda M. Siegrist, William A. Czekanski

Marquette Sports Law Review

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