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Entertainment, Arts, and Sports Law Commons

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Journal

1994

Discipline
Institution
Keyword
Publication

Articles 61 - 89 of 89

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

Mandated Access: Commensurability And The Right To Say No, Wendy J. Gordon, Anne E. Gowen Jan 1994

Mandated Access: Commensurability And The Right To Say No, Wendy J. Gordon, Anne E. Gowen

UC Law SF Communications and Entertainment Journal

No abstract provided.


Media Countersuits In Libel Law: A Statutory And Judicial Framework, Kyu Ho Youm, Douglas A. Anderson Jan 1994

Media Countersuits In Libel Law: A Statutory And Judicial Framework, Kyu Ho Youm, Douglas A. Anderson

UC Law SF Communications and Entertainment Journal

Faced with costly expenses for libel lawsuits, the American press during the past decade started resorting to counterclaims as an "aggressive-offenseis- the-best-defense" tactic in response to what it considered to be meritless libel actions. This Article examines media libel countersuits to address critical issues raised by some commentators in the mid-1980s about the uncertain value of the suits. Three questions provide the main focus of the study: (1) Why do American media organizations countersue?; (2) What is the statutory and judicial status of media countersuits in the United States?; and, (3) What implications do media countersuits carry for American libel …


Disclosure Of Computer Re-Enactments During Pretrial Discovery, Mark Barrish Jan 1994

Disclosure Of Computer Re-Enactments During Pretrial Discovery, Mark Barrish

UC Law SF Communications and Entertainment Journal

Computer-generated re-enactments allow litigators to recreate events at issue before a jury. Because of the visual power of computer re-enactments, however, disclosure during the pretrial discovery process is of crucial importance. The author discusses what must be disclosed to the opposing party in federal civil actions relating to expert witness testimony. This Note suggests courts should generally compel the proponent of a re-enactment to disclose the underlying computer models used to create the re-enactment in order to guard against potential bias and allow for effective cross-examination.


Acknowledgements And Introduction, Editors Jan 1994

Acknowledgements And Introduction, Editors

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Remembrances Of Bob Woolf, America's First Sports Agent, Larry King Jan 1994

Remembrances Of Bob Woolf, America's First Sports Agent, Larry King

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Counterspeech As An Alternative To Prohibition: Proposed Federal Regulation Of Tobacco Promotion In American Motorsport, David A. Locke Jan 1994

Counterspeech As An Alternative To Prohibition: Proposed Federal Regulation Of Tobacco Promotion In American Motorsport, David A. Locke

Indiana Law Journal

No abstract provided.


Speech Of The Roscoe L. Barrow Memorial Award Winner, Rachelle Chong Jan 1994

Speech Of The Roscoe L. Barrow Memorial Award Winner, Rachelle Chong

UC Law SF Communications and Entertainment Journal

No abstract provided.


Confidential Communications Between Clients And Patent Agents: Are They Protected Under The Attorney-Client Privilege, Virginia J. Harnisch Jan 1994

Confidential Communications Between Clients And Patent Agents: Are They Protected Under The Attorney-Client Privilege, Virginia J. Harnisch

UC Law SF Communications and Entertainment Journal

Typically, the attorney-client privilege applies only to attorneys admitted to practice law by a state bar. However, courts have expanded the application of the attorney-client privilege. This Article focuses on whether a group of specialized legal professionals-patent agents-should be included in the category of legal advisors who are entitled to the attorney-client privilege. The recognition or rejection of a privilege for patent agents may be of critical importance during litigation in the United States involving patent rights. The author concludes that patent agents who function as legal practitioners should independently be recognized as attorneys for the purpose of the attorney-client …


Connick V. Myers And The First Amendment Rights Of Public Employees, Mike Harper Jan 1994

Connick V. Myers And The First Amendment Rights Of Public Employees, Mike Harper

UC Law SF Communications and Entertainment Journal

In Connick v. Myers the Supreme Court developed a test to determine whether a public employer's sanctions of an employee for expressive activity receives First Amendment scrutiny. The Connick test has drawn heavy criticism from scholars, and the problems stem from ambiguities in the decision itself. This Note examines the Connick holding, highlights its guiding principles, and argues how, as well as the circumstances under which, the Connick test should be applied. The Note concludes that courts should ask two questions in considering whether to apply Connick in a new First Amendment situation: (1) Is the behavior protected?; and (2) …


Real Life Trial Issues In Software Copyright Infringement Cases Or How Those Look And Feel Lawyers Are Proving Look And Feel: Reviewing Demonstrative Techniques, Claude M. Stern Jan 1994

Real Life Trial Issues In Software Copyright Infringement Cases Or How Those Look And Feel Lawyers Are Proving Look And Feel: Reviewing Demonstrative Techniques, Claude M. Stern

UC Law SF Communications and Entertainment Journal

"Look and feel" or sequence, structure, and organization opinions generally do not include visuals of exhibits the lawyers used to convince the court or jury that one program was or was not substantially similar to another. As a result, it is difficult for look and feel lawyers to determine what sort of evidence influenced a precedential decision. This Article discusses the low-technology and high-technology approaches to proving and defending software copyright infringement cases. The author analyzes cases involving claims of visual similarity of the user interface, components of the user interface, or the sequence, structure, and organization of the user …


Not As Clean As They Wanna Be: Intermediate Copying In Campbell V. Acuff-Rose, William S. Coats, David H. Kramer Jan 1994

Not As Clean As They Wanna Be: Intermediate Copying In Campbell V. Acuff-Rose, William S. Coats, David H. Kramer

UC Law SF Communications and Entertainment Journal

In Campbell v. Acuff-Rose, the United States Supreme Court discussed digital sampling technology and the question of fair use for the first time. While most of the attention given Campbell has involved the question of fair use, this article raises several interesting questions about the impact digital sampling will have on this unexplored area of copyright protection. The authors suggest creative incentives for original authors may be safeguarded by analyzing intermediate copying as a separate use of copyrighted work.


Pto Perspective On Recent Developments In Patent Protection For Computer Hardware And Software, Lee E. Barrett Jan 1994

Pto Perspective On Recent Developments In Patent Protection For Computer Hardware And Software, Lee E. Barrett

UC Law SF Communications and Entertainment Journal

This Article explores the area of patent protection for computer related inventions, The author examines the problem of determining whether a mathematical algorithm qualifies as patentable subject matter under 35 U.S.C. § 101 and the interpretation of means-plus-function limitations under 35 U.S.C. § 112 6. In his examination, the author explains the perspective of the United States Patent and Trademark Office, as well as the position taken by the Federal Circuit Court of Appeals in the recent cases of In re Alappat and In re Donaldson Co.


Federal Criminal Remedies For The Theft Of Intellectual Property, Kent Walker Jan 1994

Federal Criminal Remedies For The Theft Of Intellectual Property, Kent Walker

UC Law SF Communications and Entertainment Journal

The theft and abuse of intellectual property has traditionally been controlled through civil remedies. In recent years, the prevalence of accessible and easily reproduced computer software and other information has led to an increase in the unauthorized use and infringement of copyrighted materials, making civil enforcement inadequate. In response, policy-makers have adopted a criminal approach to high technology crime. Congress, the courts, and federal law enforcement agencies have enacted new laws, developed stricter penalties, and pursued more rigorous prosecution to combat such actions. This Commentary outlines these new approaches and discusses the elements and limitations of criminal prosecution of information …


A Modest Proposal On Must-Carry, The 1992 Cable Act, And Regulation Generally: Go Back To Basics, Roger Pilon Jan 1994

A Modest Proposal On Must-Carry, The 1992 Cable Act, And Regulation Generally: Go Back To Basics, Roger Pilon

UC Law SF Communications and Entertainment Journal

No abstract provided.


Merging Phone And Cable, C. Edwin Baker Jan 1994

Merging Phone And Cable, C. Edwin Baker

UC Law SF Communications and Entertainment Journal

No abstract provided.


Protecting American Television Programming In Russia, China, Taiwan, And Japan, Rosalind M. Parker Jan 1994

Protecting American Television Programming In Russia, China, Taiwan, And Japan, Rosalind M. Parker

UC Law SF Communications and Entertainment Journal

As Russian, Chinese, Taiwanese, and Japanese entrepreneurs position themselves to become key players in the global communications marketplace, they present American entrepreneurs with viable opportunities for successful short-term and long-term investments. Given the foreign demand for American television programming, the emergence of new technologies (i.e., wireless cable-television and direct broadcast satellites) and the significant increase in international awareness of and respect for intellectual property rights (as illustrated by the most recent GATT negotiations), major investment in the Russian, Chinese, Taiwanese, and Japanese television industries has become a sound business practice from both technological and economical perspectives. This Article examines the …


Reinventing Competition, Nicholas W. Allard Jan 1994

Reinventing Competition, Nicholas W. Allard

UC Law SF Communications and Entertainment Journal

Nowhere are the libertarian concepts of free will, individual freedom of thought, expression and action, private property rights and laissez-faire, and free market economy more relevant than the intense policy debate currently underway in the United States over the laws and rules that should govern the uses of technology by our information age society. The author points out (with tongue in cheek) that, although libertarian thinking may be as American as Huckleberry Finn, the central character in this nation's greatest novel, the neo-libertarianism now in vogue, might prove to be a mutant, strain. Those who would rush to embrace this …


Fair Use And The 1992 Amendment To Section 107 Of The 1976 Copyright Act: Its History And An Analysis Of Its Effect, Daniel E. Wanat Jan 1994

Fair Use And The 1992 Amendment To Section 107 Of The 1976 Copyright Act: Its History And An Analysis Of Its Effect, Daniel E. Wanat

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


So You Want To Be A Sports Lawyer, Or Is It A Player Agent, Player Representative, Sports Agent, Contract Advisor, Family Advisor Or Contract Representative, Robert P. Garbarino Jan 1994

So You Want To Be A Sports Lawyer, Or Is It A Player Agent, Player Representative, Sports Agent, Contract Advisor, Family Advisor Or Contract Representative, Robert P. Garbarino

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Dailey V. National Hockey League: The Impact Of Erisa's Exclusive Federal Jurisdiction On The Applicability Of The Princess Lida Doctrine In An International Sports Context, Candice I. Polsky Jan 1994

Dailey V. National Hockey League: The Impact Of Erisa's Exclusive Federal Jurisdiction On The Applicability Of The Princess Lida Doctrine In An International Sports Context, Candice I. Polsky

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Alexander V. United States: Forfeiture Of Nonobscene, Expresseve Material As Punishment For Violation Of The Racketeer Influenced And Corrupt Organizations Act, Julie A. Sollenberger Jan 1994

Alexander V. United States: Forfeiture Of Nonobscene, Expresseve Material As Punishment For Violation Of The Racketeer Influenced And Corrupt Organizations Act, Julie A. Sollenberger

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


The Mascot Name Change Controversy: A Lesson In Hypersensitivity, John B. Rhode Jan 1994

The Mascot Name Change Controversy: A Lesson In Hypersensitivity, John B. Rhode

Marquette Sports Law Review

No abstract provided.


Book Review: You Can't Play The Game If You Don't Know The Rules: Career Opportunities In Sports Management, Paul M. Anderson Jan 1994

Book Review: You Can't Play The Game If You Don't Know The Rules: Career Opportunities In Sports Management, Paul M. Anderson

Marquette Sports Law Review

No abstract provided.


Gender Equity In Athletics: Coming Of Age In The 90'S, T. Jesse Wilde Jan 1994

Gender Equity In Athletics: Coming Of Age In The 90'S, T. Jesse Wilde

Marquette Sports Law Review

No abstract provided.


Book Review: Sport And The Law, Lucrecia R. Moore Jan 1994

Book Review: Sport And The Law, Lucrecia R. Moore

Marquette Sports Law Review

No abstract provided.


Applying The First Amendment To Prayer In A Public University Locker Room: An Athlete's And Coach's Perspective, Gil Fried, Lisa Bradley Jan 1994

Applying The First Amendment To Prayer In A Public University Locker Room: An Athlete's And Coach's Perspective, Gil Fried, Lisa Bradley

Marquette Sports Law Review

No abstract provided.


Table Of Contents Jan 1994

Table Of Contents

Marquette Sports Law Review

No abstract provided.


Step Up To The Scale: Wages And Unions In The Sports Industry, Darryl Hale Jan 1994

Step Up To The Scale: Wages And Unions In The Sports Industry, Darryl Hale

Marquette Sports Law Review

No abstract provided.


Baseball's Labor Wars In Historical Context: The 1919 Chicago White Sox As A Case-Study In Owner-Player Relations, James R. Devine Jan 1994

Baseball's Labor Wars In Historical Context: The 1919 Chicago White Sox As A Case-Study In Owner-Player Relations, James R. Devine

Marquette Sports Law Review

No abstract provided.