Entertainment, Arts, and Sports Law Commons^™

Posner On Literature, L. H. Larue

Michigan Law Review

Judge Richard A. Posner has expanded the scope of his writing. We have previously known him as one of the leaders in law and economics. He is now moving into the field of law and literature. His offering is an article, Law and Literature: A Relation Reargued, which has been published in the Virginia Law Review.

As one might expect, he performs intelligently. Posner is well read in literature; he displays a genuine love for that which he has read; and he writes with wit and grace. In short, in law and literature, as in law and economics, Posner …

Twisted Sister, Washington Wives And The First Amendment: The Movement To Clamp Down On Rock Music, Seth Goodchild

University of Miami Entertainment & Sports Law Review

No abstract provided.

Of Sports, Agents, And Regulations - The Need For A Different Approach, Miriam Benitez

University of Miami Entertainment & Sports Law Review

No abstract provided.

Violence In Athletics: A Judicial Approach, Steven Baicher-Mckee

University of Miami Entertainment & Sports Law Review

No abstract provided.

Using Entertainment Law To Teach Legal Writing, Robert M. Jarvis

University of Miami Entertainment & Sports Law Review

No abstract provided.

Legal Modernism, David Luban

Michigan Law Review

What are the roots of Critical Legal Studies? "The immediate intellectual background . . . is the . . . achievement of early twentieth century modernism ... ," writes Roberto Unger in his CLS manifesto; he elaborates this modernist connection in his deep and subtle book Passion. Other CLS members also draw parallels between their endeavor and artistic modernism.

Obviously, CLS is first and foremost a movement of left-leaning legal scholars; it is also associated with distinctive theoretical claims about law. But it should be equally obvious that CLS involves sensibilities and affinities that are strikingly similar to those …

Sports On The Superstations: The Legal And Economic Effects, Thomas Joseph Cryan, James S. Crane

University of Miami Entertainment & Sports Law Review

No abstract provided.

Unauthorized Interception Of Satellite Programming: Does Section 705'S "Private Viewing" Exemption Apply To Condominium And Apartment Complexes?, Terry S. Bienstock, Philip J. Kantor

University of Miami Entertainment & Sports Law Review

No abstract provided.

Issues In Income Tax Planning For The Team Sport Player, J. V. Crum Iii

University of Miami Entertainment & Sports Law Review

No abstract provided.

The Failure Of The Word: The Protagonist As Lawyer In Modern Fiction, Nancy T. Hammar

Michigan Law Review

A Review of The Failure of the Word: The Protagonist as Lawyer in Modern Fiction by Richard H. Weisberg

Defamation In Fiction: The Need For A Clear "Of And Concerning" Standard, Richard C. Giller

University of Miami Entertainment & Sports Law Review

No abstract provided.

The Personal Manager In The Entertainment And Sports Industries, Lloyd Z. Remick, David S. Eisen

University of Miami Entertainment & Sports Law Review

No abstract provided.

Applying The Fair Use Doctrine On A Moral And Commercial Basis: Harper & Row, Publishers, Inc. V. Nation Enterprises, Eric A. Lustig

University of Miami Entertainment & Sports Law Review

No abstract provided.

The Dole Bill: Freeing The Telephone Company Seven, James P. Denvir

UC Law SF Communications and Entertainment Journal

The Federal Communications Commission Policy Act of 1986 (Dole Bill) offers a possible end to the dual federal regulation of the United States telecommunications industry, and could have a marked effect on the industry structure developed from the divestiture of the seven former Regional Bell Operating Companies (RBOCs) from AT&T in 1982. Currently, the telecommunications industry is subject to overlapping regulation by the FCC and the United States District Court for the District of Columbia. The Dole Bill proposes consolidation of jurisdiction in the FCC. The Department of Justice, which is responsible for a tri-annual review of the continuing need …

Forum And Substance: Introduction To The Symposium, Louis B. Schwartz

UC Law SF Communications and Entertainment Journal

For three-quarters of a century, the United States has attempted to bring AT&T into compliance with antitrust law. The author discusses the technical and substantive issues surrounding this recurrent struggle, and notes that AT&T seems always to emerge from these contests with an advantageous agreement. He points specifically to the 1982 decision ordering the divestiture from AT&T of the seven Regional Bell Operating Companies (RBOCs) and to the Modification of Final Judgment (MFJ) appended thereto. The author concludes with four criticisms of the MFJ, and advocates that the technical goals of the MFJ should not overshadow the more important substantive …

The Case For Continued Judicial Enforcement Of The At&(And)T Decree, John R. Worthington

UC Law SF Communications and Entertainment Journal

In 1982, the United States District Court for the District of Columbia rendered its decision in United States v. AT&T, ordering the divestiture of AT&T as delineated in the Modified Final Judgment (MFJ) appended thereto. The divested Regional Bell Operating Companies are now seeking legislation which would effectively place enforcement of the MFJ into the hands of the Federal Communications Commission. The author examines the need for line-of-business restrictions, the constitutionality of the proposed transfer legislation, and the dangers to competition if such legislation is enacted. The author argues that enforcement of the line-of-business restrictions is necessary to promote fair …

The Relationship Between Motion Picture Distribution And Exhibition: An Analysis Of The Effects Of Anti-Blind Bidding Legislation, Suzanne Ilene Schiller

UC Law SF Communications and Entertainment Journal

The struggle between motion picture exhibitors and distributors has resulted in continually changing business practices within the film industry. In particular, state anti-blind bidding statutes have changed the way film distribution is handled in the United States. The author traces the history of film licensing and concludes that anti-blind bidding legislation was unwarranted and has damaged the smaller, independent exhibitors and distributors.

The Modification Of Final Judgment: An Exercise In Judicial Overkill, Robert B. Mckenna, Ronald L. Slyter

UC Law SF Communications and Entertainment Journal

On January 1, 1984, AT&T was divested of its exchange telecommunications operations which were then divided among seven Regional Bell Operating Companies (RBOCs). The authors contend that the divestiture of AT&T and the Modification of Final Judgment (MFJ) appended thereto have created an anticompetitive marketplace through the imposition of line-of-business restrictions which in effect prevent the RBOCs from competing with AT&T. Moreover, the MFJ disregarded contemporaneous pro-competitive regulatory developments propagated by the Federal Communications Commission (FCC) which undercut the factual premises underpinning the line-of-business restrictions. The authors argue that the MFJ vests in the Department of Justice and the United …

Copyright Protection Of Object Code Computer Programs: Can Courts Determine Copying, Deborah Ledsinger

UC Law SF Communications and Entertainment Journal

In Apple Computer Co. v. Franklin Computer, Inc., 714 F.2d 1240 (3d Cir. 1983), the United States Court of Appeals held that computer programs expressed in object code are copyrightable. Given the indecipherable nature of object code, courts are now faced with the difficult problem of determining when such copying has occurred. The author analyzes one trial court's approach to this problem found in SAS Institute, Inc. v. S&H Computer Systems, 605 F. Supp. 816 (M.D. Tenn. 1985). The author criticizes the court's method, arguing that its approach relies too heavily on competing expert testimony, and may extend to copyright …

The Changing Nature Of Communications Law Practice, Stuart N. Brotman

UC Law SF Communications and Entertainment Journal

This article discusses the evolution of communications law practice over the past fifty years. The initial phase of communications law practice emphasized the lawyer's skill in administrative adjudications. In the second phase, the practitioner's focus shifted to the quasi-legislative activities found in the informal rulemaking process. Appellate litigation initiated by public-interest advocates during the 1960s marked another significant shift of focus from the Federal Communications Commission to the courts. Finally, the present and future course of communications deregulation represents yet another dramatic change in practice, emphasizing business negotiation skills as well as traditional modes of advocacy. The author chronicles these …

Editorial Freedom: Editors, Retailers, And Access To The Mass Media, Mark S. Nadel

UC Law SF Communications and Entertainment Journal

When confronted with regulations which permit others to have access to their media, cable television system owners, among others, have challenged such rules as abridging their first amendment right to editorial freedom. The author analyzes this defense by examining exactly what editorial freedom is, and why it is protected. He argues that editorial freedom is best understood as the right of consumers to receive information effectively, and thus to employ editors to provide so called editorial functions. After noting that these services are analogous to those generally provided by retailers, the author discusses the editorial functions performed by cable operators. …

Black And White And Brilliant: Protecting Black-And-White Films From Color-Recoding, Suzanne Ilene Schiller

UC Law SF Communications and Entertainment Journal

Until the 1940s, motion pictures were almost always received, filmed, and shown in black-and-white. Recently, several companies have begun to mechanically add color to these old and often classic films. This process, known as colorization or color-recoding, has motion picture artists enraged. These filmmakers believe that no one should have the right to alter a completed work of art. The author reviews the background of this controversy, surveys several possible legal causes of action which filmmakers may use to protect their black-and-white films, and concludes that directors and other film artists are not powerless and can successfully use existing laws …

Moral Rights And Section 43(A) Of The Lanham Act: Oasis Or Illusion, Larry E. Verbit

UC Law SF Communications and Entertainment Journal

The European doctrine of droit moral, known as moral rights in the United States, has not, per se, been integrated into the American legal system. The author examines the development of the law of unfair competition as a remedy for artists seeking to protect the moral rights of paternity and integrity. The author asserts that section 43(a) of the Trademark Act of 1946 (Lanham Act) has been interpreted by courts as an effective remedy for artists' paternity interests. However, regardless of the holding in Gilliam v. American Broadcasting Companies, the author finds section 43(a) as unreliable to provide redress for …

When Courts Come Knocking At The Cult's Door: Religious Cults And The First Amendment, Craig Andrews Parton

UC Law SF Communications and Entertainment Journal

The author argues that recent exploits of religious "cults" have made them subject to a variety of legal attacks, ranging from criminal and civil actions to remedies stemming from constitutional violations. While acknowledging cult abuses and even documenting research concerning reprehensible cult activities, the author nevertheless emphasizes the need for first amendment protection for those involved in aberrant religious practices. The author argues that religious proselytizing is protected activity, and abuses may be adequately remedied under traditional tort and criminal law. After surveying various remedies already implemented or suggested by anti-cult forces, the author examines a proposal that proselytizers be …

Nonbroadcast Video - Programming And Distribution: A Comprehensive Bibliography Of Law-Related Periodical Articles, Frank G. Houdek

UC Law SF Communications and Entertainment Journal

No abstract provided.

Rock Is A Four-Letter Word: The Potential For Fcc Regulation Of (Un)Popular Music, Alan Jay Lazarus

UC Law SF Communications and Entertainment Journal

Citizens groups and both federal and state governments have recently expressed concern over the offensive content of some modern popular music. The author examines the potential for suppression of broadcast popular music by the Federal Communications Commission. The author concludes that, by virtue of the Communications Act of 1934, the Supreme Court's decision in FCC v. Paciica Foundation, 438 U.S. 726 (1978) and the federal judiciary's general failure to rigorously scrutinize FCC content regulatory initiatives, the FCC enjoys a degree of power over the content of broadcasting that is abhorrent to the first amendment. The author opines that regulation of …

False Light Invasion Of Privacy: Untangling The Web Of Uncertainty, Ruth Walden, Emile Netzhammer

UC Law SF Communications and Entertainment Journal

In Time, Inc. v. Hill, 1967, the U.S. Supreme Court held that proof of actual malice was required for a plaintiff to prevail in a false light invasion of privacy suit resulting from publication of a matter of public interest. Seven years later in Gertz v. Robert Welch, Inc., the Court repudiated the matter-of-public interest standard in defamation actions in favor of a standard focusing on the status ofthe plaintiff. Courts and commentators began speculating on whether the Court in Gertz had, in effect, overturned Hill sub silentio. Analysis of more than forty false light opinions handed down since Gertz …

Introduction, Joseph M. Kelly

NYLS Journal of International and Comparative Law

No abstract provided.

Enforcement Of Gaming Debts In Britain, Neil Fagan

NYLS Journal of International and Comparative Law

No abstract provided.

The Impact Of American Laws On Foreign Legal Gambling, I. Nelson Rose

NYLS Journal of International and Comparative Law

No abstract provided.