Entertainment, Arts, and Sports Law Commons^™

An Evolving Landscape: Name, Image, And Likeness Rights In High, Adam Epstein -- Professor, Dept. Of Finance And Law, Nathaniel Grow -- Associate Professor Of Business Law & Ethics, Kathryn Kisska-Schulze -- Assoc. Professor Of Business Law

Vanderbilt Law Review

Amateur sports have entered a changing landscape. The onset of Name, Image, and Likeness (“NIL”) opportunities at the college level has prompted over half of state high school athletic associations to likewise permit high school student-athletes to pursue similar financial opportunities. The purpose of this Essay is not to argue for or against the emergence of NIL opportunities at the high school level but instead to explore this newly evolving landscape, identify accompanying financial dangers, and propose a statutory framework that builds upon California’s Coogan’s Law—a measure providing financial safeguards to children working in the entertainment industry—to better protect minor …

Law As Craft, Brett G. Scharffs

Vanderbilt Law Review

This Article explores the similarities between the law and other craft traditions, such as carpentry, pottery, and quilting. Its thesis is that law--and in particular adjudiction---combine elements of what Aristotle described as practical wisdom, or phronesis, and craft, or techne. Craft knowledge is learned practically through experience and demonstrated through practice, and is contrasted with other concepts, including art, science, mass production, craftiness, and hobby. Crafts are characterized by four simutaneous identities. First, crafts are made by hand-one at a time-and require not only talent and skill, but also experience and what Karl Llewellyn called "situation sense." Second, crafts are …

How The Grateful Dead Turned Alternative Business And Legal Strategies Into A Great American Success Story, Brian C. Drobnik

Vanderbilt Law Review

That the Grateful Dead were "different" undoubtedly is true on a broad social level. But it is not so easy to ascertain how they were different in the business and legal aspects of their enterprise. The ephemeral nature of their approach stems from the fact that they conducted their affairs within and alongside the world of statutes and contracts and yet provided themselves with a great degree of independence from that world. This Note will comment on the Dead's perspective on and their ultimate rejection of many of the business and legal strategies traditionally ascribed to in the industry. After …

Art Speech, Marci A. Hamilton

Vanderbilt Law Review

Although many scholars have been in favor of providing first amendment protection for art, no one has offered a justification for its constitutional protection suited to art's singular capacities. Rather, commentators and courts have been inclined to place art under the rubric of general speech, which limits protection to ideas and content. Professor Hamilton argues that art offers significantly more than its content and deserves first amendment protection tailored to its particular potential. Art enables individuals to experience unfamiliar worlds and thereby to gain new perspectives on the prevailing status quo, including the government's. It performs this function without exposing …

Poetic Law: A Statement On Intent, Maxwell L. Stearns

Vanderbilt Law Review

In poetry, allegiance to the verse

Lends power to the message in the text

.it Shakespeare's consistency gave his words force

In Hamlet, in King Lear, and in Macbeth

. And yet upon us, free form's presence reigns

- Defenders claim, expands the poet's choice

Removing from the poet meter's chains,

Is likened to providing the mute, voice.

. . .

The National Endowment For The Humanities: Control Of Funding Versus Academic Freedom, Alvaro I. Anillo

Vanderbilt Law Review

In 1989 government funding for the arts through the National Endowment for the Arts (NEA)' came under fire. Conservative groups vigorously attacked two controversial exhibits that received funding from the NEA. As a remedy for this supposedly inappropriate funding, conservative groups lobbied Congress strenuously either to dismantle the NEA or to limit its funding on the basis of content. The arts community responded with a vigorous campaign decrying such limits as an affront to artistic freedom and First Amendment rights. Congress placed the NEA, its funding procedures, and its record under close scrutiny when the agency applied in 1989 for …

Aesthetic Regulation Under The Police Power: The New General Welfare And The Presumption Of Constitutionality, Beverly A. Rowlett

Vanderbilt Law Review

This Article will examine the existing methods of analysis employed by courts in reviewing primarily aesthetic regulations, as well as the way in which those methods have been affected by the courts' continually evolving interpretation of the concept of general welfare. The Article argues that in many cases in which regulations based solely or primarily on aesthetic considerations have been upheld, the essential constitutional inquiries have been misdirected. This is because "nonaesthetic" justifications are asserted that either are wholly derived from aesthetic benefits, or have no basis in fact--and need none because of the presumption of constitutionality. Because the more …