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

Doors To Safety: Exit West, Refugee Resettlement, And The Right To Asylum, Betsy L. Fisher Apr 2019

Doors To Safety: Exit West, Refugee Resettlement, And The Right To Asylum, Betsy L. Fisher

Michigan Law Review

Review of Mohsin Hamid's Exit West.


Home-Field Disadvantage: How The Organization Of Soccer In The United States Affects Athletic And Economic Competitiveness, Carolina I. Velarde Mar 2019

Home-Field Disadvantage: How The Organization Of Soccer In The United States Affects Athletic And Economic Competitiveness, Carolina I. Velarde

Michigan Law Review

The United States men’s soccer team failed to qualify for the 2018 World Cup. In the aftermath, soccer followers questioned the organizational structure supervised by the United States Soccer Federation. An analysis of the relationships between professional soccer leagues reveals potentially anticompetitive practices that may contribute to the subpar performance of the U.S. Men’s National Team. This Note argues that the United States Soccer Federation is engaged in economically anticompetitive behavior that impedes the development of American soccer. Certain reforms, including an open-league system and player transfer fees at the youth development level, would enhance the economic ...


Intellectual Property In Experience, Madhavi Sunder Jan 2018

Intellectual Property In Experience, Madhavi Sunder

Michigan Law Review

In today’s economy, consumers demand experiences. From Star Wars to Harry Potter, fans do not just want to watch or read about their favorite characters— they want to be them. They don the robes of Gryffindor, flick their wands, and drink the butterbeer. The owners of fantasy properties understand this, expanding their offerings from light sabers to the Galaxy’s Edge®, the new Disney Star Wars immersive theme park opening in 2019.Since Star Wars, Congress and the courts have abetted what is now a $262 billion-a-year industry in merchandising, fashioning “merchandising rights” appurtenant to copyrights and trademarks that ...


Fumbling The First Amendment: The Right Of Publicity Goes 2-0 Against Freedom Of Expression, Thomas E. Kadri Jan 2014

Fumbling The First Amendment: The Right Of Publicity Goes 2-0 Against Freedom Of Expression, Thomas E. Kadri

Michigan Law Review

Two circuits in one summer found in favor of college athletes in right-of-publicity suits filed against the makers of the NCAA Football videogame. Both panels split 2–1; both applied the transformative use test; both dissenters predicted chilling consequences. By insisting that the likeness of each player be “transformed,” the Third and Ninth Circuits employed a test that imperils the use of realistic depictions of public figures in expressive works. This standard could have frosty implications for artists in a range of media: docudramas, biographies, and works of historical fiction may be at risk. This Comment examines the tension between ...


A Native Vision Of Justice, Carole Goldberg Apr 2013

A Native Vision Of Justice, Carole Goldberg

Michigan Law Review

Although largely unheralded in its time, D'Arcy McNickle's The Surrounded has become a classic of Native American literature. When the University of New Mexico Press reissued the book in 1978, a year after McNickle's death, the director of Chicago's Newberry Library, Lawrence W. Towner, predicted (correctly) that it would "reach a far wider audience." Within The Surrounded are early stirrings of a literary movement that took flight several decades after the novel's first publication in the writings of N. Scott Momaday, Louise Erdrich, James Welch, Leslie Marmon Silko, and Gerald Vizenor, among others. All of ...


Graffiti Museum: A First Amendment Argument For Protecting Uncommissioned Art On Private Property, Margaret L. Mettler Nov 2012

Graffiti Museum: A First Amendment Argument For Protecting Uncommissioned Art On Private Property, Margaret L. Mettler

Michigan Law Review

Graffiti has long been a target of municipal legislation that aims to preserve property values, public safety, and aesthetic integrity in the community. Not only are graffitists at risk of criminal prosecution but property owners are subject to civil and criminal penalties for harboring graffiti on their land. Since the 1990s, most U.S. cities have promulgated graffiti abatement ordinances that require private property owners to remove graffiti from their land, often at their own expense. These ordinances define graffiti broadly to include essentially any surface marking applied without advance authorization from the property owner. Meanwhile, graffiti has risen in ...


The Great American Tax Novel, Lawrence Zelenak Apr 2012

The Great American Tax Novel, Lawrence Zelenak

Michigan Law Review

David Foster Wallace-author of the celebrated novel Infinite Jest and among the most acclaimed American fiction writers of his generation-killed himself in 2008 at the age of forty-six. He left in his office hundreds of pages of The Pale King, an unfinished novel set in the fictional Peoria, Illinois regional examination center ("REC") of the Internal Revenue Service ("IRS" or "the Service") in 1985. Although many chapters of the novel were seemingly complete, Wallace left no indication (other than what could be gleaned from the chapters themselves) of the order of the chapters (pp. vi-vii). Michael Pietsch, who had served ...


Facades Of Justice, Norman W. Spaulding Apr 2012

Facades Of Justice, Norman W. Spaulding

Michigan Law Review

Representing Justice is a book of encyclopedic proportions on the iconography of justice and the organization of space in which adjudication occurs. Professors Judith Resnik and Dennis Curtis have gathered a provocative array of images, ranging from the scales of the Babylonian god Shamash-"judge of heaven and earth"-on a 4,200-year-old seal (pp. 18- 19 & fig. 23), and a 600-year-old painting of Saint Michael weighing the souls at the Last Judgment with sword and scales in hand (p. 23 fig. 25) to the tiny Cook County Courthouse in Grand Marais, Minnesota, 110 miles north of Duluth (p. 372 fig. 226), and the millennial opening of a spectacular new courthouse for the International Tribunal for the Law of the Sea in Hamburg, Germany (p. 266 fig. 176). A more richly conceived catalogue of the development of specialized courthouses from multipurpose buildings and the art that adorns adjudicative space is hard to imagine. Part history, part art history, part architectural theory, and part meditation on the relationship between adjudication and political legitimacy in the spirit of Jeremy Bentham, the book poses fundamental questions about the trajectory of liberal justice in the twenty-first century: is adjudication in public space essential to the rule of law in democratic societies? Can the resolution of civil and criminal disputes be privatized without compromising democratic values? Is justice primarily procedural, linked to courts and adjudication; primarily substantive, tied to substantive rights and the popularly accountable branches of government; or primarily normative, a set of ideals or theories against which the actions of any people and their government may be assessed? Most significantly, what is the relationship between justice ...


Shutting The Black Door: Using American Needle To Cure The Problem Of Improper Product Definition, Daniel A. Schwartz Nov 2011

Shutting The Black Door: Using American Needle To Cure The Problem Of Improper Product Definition, Daniel A. Schwartz

Michigan Law Review

Section 1 of the Sherman Act is designed to protect competition by making illegal any agreement that has the effect of limiting consumer choice. To make this determination, courts first define the product at issue and then consider the challenged restraint's impact on the market in which that product competes. When considering § 1 allegations against sports leagues, courts have tended to define products according to the structure of the leagues. The result of this tendency is that harm to competition between the leagues' teams is not properly accounted for in the courts' analyses. This, in turn, grants leagues a ...


Using Public Disclosure As The Vesting Point For Moral Rights Under The Visual Artists Rights Act, Elizabeth M. Bock Oct 2011

Using Public Disclosure As The Vesting Point For Moral Rights Under The Visual Artists Rights Act, Elizabeth M. Bock

Michigan Law Review

In 2010, the Court of Appeals for the First Circuit confronted the novel question of when moral rights protections vest under the Visual Artists Rights Act. In Massachusetts Museum of Contemporary Art Foundation, Inc. v. Bichel, the First Circuit determined that the protections of the Visual Artists Rights Act begin when a work is "created" under the Copyright Act. This Note argues that this decision harms moral rights conceptually and is likely to result in unpredictable and inconsistent decisions. This Note proposes instead that these statutory protections should vest when an artist determines that his work is complete and presents ...


Profiting From Not For Profit: Toward Adequate Humanities Instruction In American K-12 Schools, Eli Savit Jan 2011

Profiting From Not For Profit: Toward Adequate Humanities Instruction In American K-12 Schools, Eli Savit

Michigan Law Review

Martha Nussbaum' describes Not For Profit: Why Democracy Needs the Humanities-her paean to a humanities-rich education-as a "manifesto, not an empirical study" (p. 121). Drawing on contemporary psychological research and classic pedagogical theories, Nussbaum convincingly argues that scholastic instruction in the humanities is a critical tool in shaping democratic citizens. Nussbaum shows how the study of subjects like literature, history, philosophy, and art helps students build essential democratic capacities like empathy and critical thought. Through myriad examples and anecdotes, Not For Profit sketches an appealing vision of what an ideal education should be in a democracy.


Legal Fictions In Pierson V. Post, Andrea Mcdowell Feb 2007

Legal Fictions In Pierson V. Post, Andrea Mcdowell

Michigan Law Review

American courts and citizens generally take the importance of private property for granted. Scholars have sought to explain its primacy using numerous legal doctrines, including natural law, the Lockean principle of a right to the product of one's labor, Law & Economics theories about the incentives created by property ownership, and the importance of bright line rules. The leading case on the necessity of private property, Pierson v. Post, makes all four of these points. This Article argues that Pierson has been misunderstood. Pierson was in fact a defective torts case that the judges shoe-horned into a property mold using ...


Mickey, Can You Spare A Dime? Disneywar, Executive Compensation, Corporate Governance, And Business Law Pedagogy, Kenneth M. Rosen Jan 2007

Mickey, Can You Spare A Dime? Disneywar, Executive Compensation, Corporate Governance, And Business Law Pedagogy, Kenneth M. Rosen

Michigan Law Review

American business executives are under fire. Recent, notorious difficulties at companies such as the Enron Corporation brought attention to these individuals. Notwithstanding the conclusion of the trials of some of those top executives, skepticism remains about the inner workings of U.S. corporations and the quality of corporate governance. Drawing special scrutiny from some quarters is the compensation granted to corporate officers and directors. For instance, the timing of certain stock option grants, a key component of some compensation packages, raised ire because of those options' supposed backdating and fortuitous proximity to increases in share prices. Further, some questioned more ...


There's No "I" In "League": Professional Sports Leagues And The Single Entity Defense, Nathaniel Grow Oct 2006

There's No "I" In "League": Professional Sports Leagues And The Single Entity Defense, Nathaniel Grow

Michigan Law Review

This Note argues that outside of labor disputes, sports leagues should be presumed to be single entities. Part I argues that professional sports leagues are single entities in disputes regarding league-wide, non-labor policy. In particular, the focus of the Supreme Court's jurisprudence on economic reality rather than organizational form necessitates a finding that professional sports leagues are single entities in non-labor disputes. Part II argues that professional sports leagues are not single entities for purposes of labor disputes; sports leagues, on the whole, do not involve a unity of interest for labor matters. More importantly, existing precedent outside of ...


Market Efficiency And Rationality: The Peculiar Case Of Baseball, Richard H. Thaler, Cass R. Sunstein May 2004

Market Efficiency And Rationality: The Peculiar Case Of Baseball, Richard H. Thaler, Cass R. Sunstein

Michigan Law Review

In this lively book, Michael Lewis explores a topic that would seem of interest only to sports fans: how Billy Beane, the charismatic general manager of the Oakland Athletics, turned his baseball team around using, of all things, statistics. What next - an inspirational tale about superior database management? But there are some general lessons in Lewis's book that make it worth the attention of people who do not know the difference between a slider and a screwball (a group that, unfortunately, includes many lawyers and law professors). Those lessons have to do, above all, with the limits of human ...


1984, William H. Rehnquist May 2004

1984, William H. Rehnquist

Michigan Law Review

1984 by George Orwell was published in 1949. Set in London thirty-five years in the future, the world has greatly changed. It is now dominated by only three powers - Eastasia, composed of China, Japan, and Southeast Asia; Eurasia, composed of continental Europe and Northern Africa; and Oceania, composed of North and South America and the British Isles. The latter no longer exists as a political entity - they are known as Airstrip Seven. But London is still London, the capital of Airstrip Seven. The novel recounts the life of Winston Smith, a midlevel bureaucrat in a society totally controlled by the ...


Foreword: "Just Do It!": Title Ix As A Threat To University Autonomy, Richard A. Epstein May 2003

Foreword: "Just Do It!": Title Ix As A Threat To University Autonomy, Richard A. Epstein

Michigan Law Review

For a short time I was stymied to identify a suitable theme for the Foreword to the 2003 Survey of Books in the Michigan Law Review. The task is surely a daunting one, because it is never possible to write a Foreword that offers the reader a Cook's Tour of the many distinguished offerings reviewed in its pages. Therefore I hope to link one broad theme to one narrow topic, knowing that at first it may look as though they have little in common. In taking this approach, I prefer dangerous shoals to well-marked channels. I shall therefore begin ...


The Heroes Of The First Amendment, Frederick Schauer May 2003

The Heroes Of The First Amendment, Frederick Schauer

Michigan Law Review

In 1950, Felix Frankfurter famously observed that "[i)t is a fair summary of history to say that the safeguards of liberty have frequently been forged in controversies involving not very nice people." The circumstances of Justice Frankfurter's observation were hardly atypical, for his opinion arose in a Fourth Amendment case involving a man plainly guilty of the crime with which he had been charged - fraudulently altering postage stamps in order to make relatively ordinary ones especially valuable for collectors. Indeed, Fourth Amendment cases typically present the phenomenon that Frankfurter pithily identified, for most of the people injured by ...


Accountability Conceptions And Federalism Tales: Disney's Wonderful World?, William W. Buzbee May 2002

Accountability Conceptions And Federalism Tales: Disney's Wonderful World?, William W. Buzbee

Michigan Law Review

Richard Foglesong's Married to the Mouse: Walt Disney World and Orlando, may not offer the thrills of an entertainment park, but it is an uncommonly good read. In a book focused on approximately four decades of Disney's interactions with Orlando and state officials, political scientist Foglesong tells the tale of how Walt Disney ended up locating his new East Coast entertainment park in Orlando, Florida and what happened in subsequent government-Disney company interactions. Using chapter headings based on stages in a personal relationship's progression ("Serendipity" to "Seduction" through "Marriage," and ultimately, after interim stages, "Therapy"), Foglesong shows ...


The Legal Context And Contributions Of Dostoevsky's Crime And Punishment, William Burnham May 2002

The Legal Context And Contributions Of Dostoevsky's Crime And Punishment, William Burnham

Michigan Law Review

Dostoevsky's Crime and Punishment is of more than average interest to lawyers. The title perhaps says it all in terms of content. The chief protagonist, the murderer Raskolnikov, is a law student on a break from his studies. And the pursuer of the murderer is a lawyer, an examining magistrate. But the more subtle and more important legal aspects of Crime and Punishment concern the time period in Russian legal history in which the novel was written and is set. The 1860s in Russia were a time of tremendous legal change. Among other things, an 1861 decree emancipated the ...


Applying A Legal Matrix To The World Of Sports, Elsa Kircher Cole May 2001

Applying A Legal Matrix To The World Of Sports, Elsa Kircher Cole

Michigan Law Review

The intensity of fans' love for sports is no modern phenomenon. In ancient Rome, fierce rivalries existed between fans of the Red, Green, Blue, and White factions in chariot racing. Even emperors had their favorites. A foul in a race by a member of one faction could spark a riot in the stands. Winning charioteers would have their busts displayed in public places and were paid salaries far beyond that of the average citizen. Juvenal complained in his Satires that a chariot driver might earn 100 times more than a lawyer! The best drivers even achieved free agency and could ...


The Postmodern Infiltration Of Legal Scholarship, Arthur Austin May 2000

The Postmodern Infiltration Of Legal Scholarship, Arthur Austin

Michigan Law Review

For legal scholars it is the best of times. We are inundated by an eclectic range of writing that pushes the envelope from analysis and synthesis to the upper reaches of theory. Mainstream topics face fierce competition from fresh ideological visions, a variety of genres, and spirited criticism of the status quo. Young professors have access to a burgeoning variety of journals to circulate their ideas and advice while the mass media covets them as public intellectuals. There is a less sanguine mood; an increasingly vocal group of scholars complain that it is the worst of times and refer to ...


Zen And The Art Of Jursiprudence, Matthew K. Roskoski May 2000

Zen And The Art Of Jursiprudence, Matthew K. Roskoski

Michigan Law Review

Lawyer bashing is by no means a remarkable phenomenon. It was not remarkable when Shakespeare wrote, "[t]he first thing we do, let's kill all the lawyers," and it's not remarkable today. Paul Campos, however, has written a particularly readable example, blending venerable Western lawyer-bashing and pop psychology with unsystematic invocations of Eastern religion. Jurismania is named after Campos's theory that the American legal system has a lot in common with a person suffering from an obsessive-compulsive disorder, an addiction to law that does neither the patient nor those around him much good. In Jurismania, Campos criticizes ...


Miranda'S Fall?, Kenji Yoshino May 2000

Miranda'S Fall?, Kenji Yoshino

Michigan Law Review

If one wishes to revisit a classic, Albert Crunus's The Fall is a riskier choice than Harper Lee's To Kill a Mockingbird, which Steven Lubet eloquently discussed last year in these pages. It is not only that Camus's work will be less familiar to legal audiences than Lee's, despite the fact that The Fall is becoming recognized through critical "revisitation" as perhaps Crunus's greatest novel. It is also that the legal protagonist of The Fall, Jean-Baptiste Clamence, does not have Atticus Finch's immediate appeal. Finch is idealistic, Clamence is existential; Finch is pious, Clamence ...


When It’S Ok To Sell The Monet: A Trustee-Fiduciary-Duty Framework For Analyzing The Deaccessioning Of Art To Meet Museum Operating Expenses, Jennifer L. White Feb 1996

When It’S Ok To Sell The Monet: A Trustee-Fiduciary-Duty Framework For Analyzing The Deaccessioning Of Art To Meet Museum Operating Expenses, Jennifer L. White

Michigan Law Review

Contrary to the view adopted by current codes of ethics, this Note argues that courts should approve a museum director's use of proceeds from the sale of deaccessioned art to meet operating expenses if the director's conduct comports with the duties of trustees under the law of trusts. Part I explores possible organizational structures for museums, including the charitable trust and the nonprofit corporation. Part I also compares the fiduciary duties of museum managers under trust and corporate law. Part II argues that courts should apply trust-law principles both to trustees of charitable trusts and directors of charitable ...


The Last Butskellite, John D. Ayer May 1995

The Last Butskellite, John D. Ayer

Michigan Law Review

A Review of Acts of Hope: Creating Authority in Literature, Law, and Politics by James B. White


Fictionalizing Harassment—Disclosing The Truth, Maria L. Ontiveros May 1995

Fictionalizing Harassment—Disclosing The Truth, Maria L. Ontiveros

Michigan Law Review

A Review of Disclosure by Michael Crichton, and Bearing Witness: Sexual Harassment and Beyond—Everywoman's Story by Celia Morris


Kill All The Lawyers?: Shakespeare's Legal Appeal, Kevin T. Traskos May 1995

Kill All The Lawyers?: Shakespeare's Legal Appeal, Kevin T. Traskos

Michigan Law Review

A Review of Kill All the Lawyers?: Shakespeare's Legal Appeal by Daniel J. Kornstein


In Search Of Faulkner's Law, Richard Weisberg May 1994

In Search Of Faulkner's Law, Richard Weisberg

Michigan Law Review

A Review of Forensic Fictions: The Lawyer Figure in Faulkner by Jay Watson


Strings Attached--Violin Fraud And Other Deceptions, Carla J. Shapreau May 1994

Strings Attached--Violin Fraud And Other Deceptions, Carla J. Shapreau

Michigan Law Review

A Review of Violin Fraud: Deception, Forgery, Theft, and the Law by Brian W. Harvey