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Entertainment, Arts, and Sports Law Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Discipline
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- Intellectual Property Law (10)
- First Amendment (4)
- Internet Law (3)
- Legislation (3)
- Antitrust and Trade Regulation (2)
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- Communications Law (2)
- Consumer Protection Law (2)
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- Institution
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- Fordham Intellectual Property, Media and Entertainment Law Journal (8)
- Marquette Sports Law Review (4)
- Vanderbilt Journal of Entertainment & Technology Law (4)
- University of Michigan Journal of Law Reform (2)
- Catholic University Journal of Law and Technology (1)
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- Claremont-UC Undergraduate Research Conference on the European Union (1)
- Dalhousie Law Journal (1)
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- University of Michigan Journal of Law Reform Caveat (1)
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Articles 1 - 27 of 27
Full-Text Articles in Entertainment, Arts, and Sports Law
Regulatory Sandboxes Enable Pragmatic Blockchain Regulation, Joshua Durham
Regulatory Sandboxes Enable Pragmatic Blockchain Regulation, Joshua Durham
Washington Journal of Law, Technology & Arts
Since blockchain technology supports digitally-native money, the centralized chokepoints that governments have traditionally targeted to regulate commerce no longer apply to our (digital) property. However, competent regulation furthers basic public policy goals and should enable responsible innovation of this promising technology. This Article discusses pragmatic policies that enable responsible innovation by cultivating regulatory expertise required to write enforceable rules. Responsible innovation is necessary because unlike the early internet, where programmers could manipulate simple colors and text on webpages, these same individuals can now create financial services applications that manipulate actual money—we are faced with an inescapable reality that more is …
Seeing (Platforms) Like A State: Digital Legibility And Lessons For Platform Governance, Neil Chilson
Seeing (Platforms) Like A State: Digital Legibility And Lessons For Platform Governance, Neil Chilson
Catholic University Journal of Law and Technology
The growing backlash against Big Tech companies is a symptom of digital technology increasing the world’s legibility. James C. Scott’s book, Seeing Like a State: How Certain Schemes to Improve the Human Condition Have Failed, explores how past governments responded to increased legibility – for good and for ill. This article shows how Scott’s historical lessons can guide governments and tech platforms as they seek to improve the human condition online.
Putting Public Law Into "Private" Sport, Dionne L. Koller
Putting Public Law Into "Private" Sport, Dionne L. Koller
Pepperdine Law Review
Across all levels of sport — professional, Olympic, intercollegiate, interscholastic, and youth recreational — the prevailing view is that the government should not take an active role in regulating athletics. As a result, there are relatively few federal or state statutes directed at regulating sports, and those that are aimed at sports primarily serve to support the professional sports industry. Moreover, courts show great deference to sports leagues and administrators, most often applying law in a way that insulates and empowers them. This creates a climate where leagues and administrators are permitted wide latitude to structure and conduct their respective …
Appellate Division, First Department, For The People Theatres Of New York, Inc. V. City Of New York, Daphne Vlcek
Appellate Division, First Department, For The People Theatres Of New York, Inc. V. City Of New York, Daphne Vlcek
Touro Law Review
No abstract provided.
For The Love Of The Game: The Case For State Bans On Youth Tackle Football, Adam Bulkley
For The Love Of The Game: The Case For State Bans On Youth Tackle Football, Adam Bulkley
University of Michigan Journal of Law Reform Caveat
This football season, millions of Americans enjoying their favorite pastime might feel pangs of a guilty conscience. Years of scientific research into the long-term neurological effects of tackle football and a recent settlement between the National Football League (NFL) and thousands of retired NFL players have made football-related traumatic brain injuries (TBI) a topic of national conversation. Current and former NFL players and even President Obama have participated in the conversation, saying that they would hesitate to let their sons play the game for fear of possible brain injury. Because research has uncovered signs of permanent brain damage in players …
Competitor Regulation Of Sponsored Content In The New Sports Content Media Economy, Kali Murray
Competitor Regulation Of Sponsored Content In The New Sports Content Media Economy, Kali Murray
Marquette Sports Law Review
No abstract provided.
Colleges And Universities All Atwitter: Constitutional Implications Of Regulating, Kayleigh R. Mayer
Colleges And Universities All Atwitter: Constitutional Implications Of Regulating, Kayleigh R. Mayer
Marquette Sports Law Review
None
Theorizing The Odds: The European Union, Online Gambling Regulation And Integration Theory, Alexis Spencer-Notabartolo
Theorizing The Odds: The European Union, Online Gambling Regulation And Integration Theory, Alexis Spencer-Notabartolo
Claremont-UC Undergraduate Research Conference on the European Union
No abstract provided.
Who Needs Tickets? Examining Problems In The Growing Online Ticket Resale Industry, Clark P. Kirkman
Who Needs Tickets? Examining Problems In The Growing Online Ticket Resale Industry, Clark P. Kirkman
Federal Communications Law Journal
The Internet has dramatically changed the methods by which people purchase tickets to events. In the past decade, the secondary ticket market has grown exponentially, and today the online ticket resale industry is valued at approximately $4 billion. Although there are consumer benefits to this industry growth, some of the industry practices have precipitated a consumer backlash. This was typified in 2007 when many parents, hoping to purchase tickets to the Hannah Montana "Best of Both Worlds Tour," watched as tickets sold out online in only a few minutes or less. Coupled with this episode was the Ticketmaster v. RMG …
The "Spiritual Temperature" Of Contemporary Popular Music, Tracy Reilly
The "Spiritual Temperature" Of Contemporary Popular Music, Tracy Reilly
Vanderbilt Journal of Entertainment & Technology Law
The purpose of this Article is to contribute to the volume of legal scholarship that focuses on popular music lyrics and their effects on children. This interdisciplinary cross-section of law and culture has been analyzed by legal scholars, philosophers, and psychologists throughout history. This Article specifically focuses on the recent public uproar over the increasingly violent and lewd content of death-metal and gangsta-rap music and its alleged negative influence on children. Many legal scholars have written about how legal and political efforts throughout history to regulate contemporary genres of popular music in the name of the protection of children's morals …
A First Amendment For Second Life: What Virtual Worlds Mean For The Law Of Video Games, Marc J. Blitz
A First Amendment For Second Life: What Virtual Worlds Mean For The Law Of Video Games, Marc J. Blitz
Vanderbilt Journal of Entertainment & Technology Law
In the first decade of the twenty-first century, video games have finally taken their place alongside movies, comic books, and drawings as a form of protected First Amendment speech. Since the Seventh Circuit's 2001 decision in American Amusement Machine Association v. Kendrick, court after court has struck down ordinances and statutes aimed at restricting violent video games--on the grounds that such violate game designers' and players' First Amendment speech rights. This series of rulings marks a stark change from courts' previous stance on video games, which consigned them to the same realm of unprotected non-speech conduct as games like tennis, …
A Need For Heightened Scrutiny: Aligning The Ncaa Transfer Rule With Its Rationales, Jonathan Jenkins
A Need For Heightened Scrutiny: Aligning The Ncaa Transfer Rule With Its Rationales, Jonathan Jenkins
Vanderbilt Journal of Entertainment & Technology Law
This note will explore the traditional rationales offered by the NCAA in implementing the Transfer Rule and suggests that these rationales are not served by the current Rule. Part I frames the environment in which the Transfer Rule exists by tracing the history of the NCAA. Part II explores the traditional rationales offered for justifying the Transfer Rule. In McHale v. Cornell University, the NCAA suggested that the purposes of the Transfer Rule are "(1) to prevent transfers solely for athletic reasons, (2) to avoid exploitation of student-athletes, and (3) to allow transfer students time to adjust to their new …
Take Us Back To The Ball Game: The Laws And Policy Of Professional Sports Ticket Prices, Nathan R. Scott
Take Us Back To The Ball Game: The Laws And Policy Of Professional Sports Ticket Prices, Nathan R. Scott
University of Michigan Journal of Law Reform
The prices of professional sports tickets have skyrocketed in recent years, depriving many fans of the time-honored tradition of taking their families out to a ball game. This Article argues that legal reform and political action are appropriate responses to these soaring prices.
First, the Article rebuts the threshold objection that economics alone justify current ticket prices. Professional sports teams reap a windfall from the public through corporate welfare, special-interest legislation, and favorable antitrust and tax laws. This preferential legal treatment undercuts the argument that teams are simply charging, or should charge, what the market will bear. In addition, teams …
Patent Fences And Constitutional Fence Posts: Property Barriers To Pharmaceutical Importation, Daniel R. Cahoy
Patent Fences And Constitutional Fence Posts: Property Barriers To Pharmaceutical Importation, Daniel R. Cahoy
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Patent Fences And Constitutional Fence Posts: Property Barriers To Pharmaceutical Importation, Daniel R. Cahoy
Patent Fences And Constitutional Fence Posts: Property Barriers To Pharmaceutical Importation, Daniel R. Cahoy
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Regulation Through Intimidation: Congressional Hearings And Political Pressure On America's Entertainment Media, Kenneth A. Paulson
Regulation Through Intimidation: Congressional Hearings And Political Pressure On America's Entertainment Media, Kenneth A. Paulson
Vanderbilt Journal of Entertainment & Technology Law
This paper explores how Congress has shaped and limited the content of films, comic books, popular music, and television over the past century. Specifically, this report focuses on the path to "self-regulation" and industry-wide codes for these four media, and how government used pressure and influence to spur the adoption of standards.
Reevaluating Amateurism Standards In Men's College Basketball, Marc Edelman
Reevaluating Amateurism Standards In Men's College Basketball, Marc Edelman
University of Michigan Journal of Law Reform
This Note argues that courts should interpret NCAA conduct under the Principle of Amateurism as a violation of§ 1 of the Sherman Antitrust Act and that courts should order NCAA deregulation of student-athletes' indirect financial activities. Part I of this Note discusses the history of NCAA regulation, specifically its Principle of Amateurism. Part II discusses the current impact of antitrust laws on the NCAA. Part III argues that the NCAA violates antitrust laws because the Principle of Amateurism's overall effect is anticompetitive. Part IV argues the NCAA could institute an amateurism standard with a net pro-competitive effect by allowing student-athletes …
Privacy Versus The First Amendment: A Skeptical Approach, Solveig Singleton
Privacy Versus The First Amendment: A Skeptical Approach, Solveig Singleton
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Keynote Address: Commons And Code, Lawrence Lessig
Keynote Address: Commons And Code, Lawrence Lessig
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Attorneys Qua Sports Agents: An Ethical Conundrum, Walter T. Champion, Jr.
Attorneys Qua Sports Agents: An Ethical Conundrum, Walter T. Champion, Jr.
Marquette Sports Law Review
No abstract provided.
Panel Ii: Cable Versus Broadcast Tv: The “Must Carry” Provisions Of The Cable Television Consumer And Competition Act Of 1992, Marc Apfelbaum, Gregory Buscarino, Steven J. Hyman, Robert D. Joffe
Panel Ii: Cable Versus Broadcast Tv: The “Must Carry” Provisions Of The Cable Television Consumer And Competition Act Of 1992, Marc Apfelbaum, Gregory Buscarino, Steven J. Hyman, Robert D. Joffe
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel Iv: Censorship Of Cable Television’S Leased And Public Access Channels, Majorie Heins, James N. Horwood, Robert T. Perry, Michael Sitcov
Panel Iv: Censorship Of Cable Television’S Leased And Public Access Channels, Majorie Heins, James N. Horwood, Robert T. Perry, Michael Sitcov
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel I: The Changing Landscape Of First Amendment Jurisprudence In Light Of The New Communications And Media Alliances, J. Richard Devlin, Theodore C. Hirt, Andrew A. Merdek
Panel I: The Changing Landscape Of First Amendment Jurisprudence In Light Of The New Communications And Media Alliances, J. Richard Devlin, Theodore C. Hirt, Andrew A. Merdek
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel Iii: Cable Versus The Telephone Companies: Can Telephone Companies Be Constitutionally Barred From Delivering Video Programming? , David E. Bronston, James J. Gilligan, Mark C. Hansen, Joseph A. Post
Panel Iii: Cable Versus The Telephone Companies: Can Telephone Companies Be Constitutionally Barred From Delivering Video Programming? , David E. Bronston, James J. Gilligan, Mark C. Hansen, Joseph A. Post
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Civil Rights Restoration Act Of 1987: Revitalization Of Title Ix, P. Michael Villalobos
The Civil Rights Restoration Act Of 1987: Revitalization Of Title Ix, P. Michael Villalobos
Marquette Sports Law Review
No abstract provided.
The Case For Provincial Regulation Of Community Antenna Television Systems In The Wake Of Capital Cities And Dionne, Robert P. Doherty
The Case For Provincial Regulation Of Community Antenna Television Systems In The Wake Of Capital Cities And Dionne, Robert P. Doherty
Dalhousie Law Journal
While observers of the Canadian Constitution may believe that jurisdiction over cable television in this country was finally and clearly given to the federal government and its Canadian Radio-Television and Telecommunications Commission, by the Capital Cities and Dionne cases, there is still much to be decided. If there are any doubts, then consider news reports of November 1978, and January and February 1979 which highlighted the prominence of cable television as a negotiable federal/provincial subject at several conferences. Vibrations from several provincial governments 4 indicate that cable television and data communications are two areas of communications that provinces would dearly …
Considerations In Determining Limitations On State Power To Regulate Motion Picture Content
Considerations In Determining Limitations On State Power To Regulate Motion Picture Content
Indiana Law Journal
No abstract provided.