Open Access. Powered by Scholars. Published by Universities.®
Entertainment, Arts, and Sports Law Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Society (179)
- Legal Writing and Research (175)
- Constitutional Law (172)
- International Law (169)
- Intellectual Property Law (160)
-
- Legal Education (152)
- Civil Rights and Discrimination (149)
- Comparative and Foreign Law (148)
- Public Law and Legal Theory (142)
- Legislation (140)
- Legal History (138)
- Human Rights Law (136)
- State and Local Government Law (134)
- Social Welfare Law (133)
- Jurisprudence (131)
- Social and Behavioral Sciences (130)
- Education Law (128)
- Arts and Humanities (123)
- Religion Law (120)
- Judges (118)
- Contracts (116)
- Political Science (116)
- Public Affairs, Public Policy and Public Administration (115)
- Education Policy (113)
- Education (109)
- History of Art, Architecture, and Archaeology (109)
- Sociology (109)
- Art Practice (108)
- Institution
- Keyword
-
- Arts and Entertainment (63)
- Intellectual Property Law (56)
- Copyright (47)
- Sports (39)
- Articles (38)
-
- Sports Law (35)
- Direito Constitucional (32)
- Political Philosophy / Political Science (28)
- Sports law (27)
- NCAA (26)
- Law and Technology (23)
- First Amendment (22)
- Law and Society (22)
- Communications Law (20)
- Antitrust (19)
- Intellectual Property (19)
- Science and Technology (19)
- Computer Law (18)
- Crise (18)
- Constitutional Law (17)
- Contracts (16)
- Intellectual property (14)
- Constituição (13)
- Filosofia do Direito (13)
- Dispute Resolution (12)
- Arbitration (11)
- República (11)
- General Law (10)
- Olympics (10)
- Professional sports (10)
- Publication Year
- Publication
-
- Paulo Ferreira da Cunha (107)
- Adam Epstein (41)
- Stephen F Ross (18)
- Bruno L. Costantini García (16)
- Rodolfo C. Rivas (13)
-
- Gustavo M. Rodríguez García (11)
- Maureen A Weston (10)
- Rob Frieden (10)
- Edmund P. Edmonds (8)
- Gaston Mirkin (8)
- Matthew Parlow (8)
- Edward Ivan Cueva (7)
- William W Berry III (7)
- Jonathan Yovel (6)
- Michael Diathesopoulos (6)
- Peter K. Yu (6)
- Anne-Marie E. Rhodes (5)
- Jose R. Nina Cuentas (5)
- Randy Lee (5)
- Jessica Litman (4)
- John Barlow (4)
- Maureen B. Collins (4)
- Michael J. Cozzillio (4)
- Roger I. Abrams (4)
- William K. Ford (4)
- Ashley R Brown (3)
- Cynthia D. Bond (3)
- Darren A. Prum (3)
- Daryl Lim (3)
- Dylan Malagrinò (3)
Articles 1 - 30 of 548
Full-Text Articles in Entertainment, Arts, and Sports Law
Ponak, Allen Arbitration Chart, Edmund P. Edmonds
Ponak, Allen Arbitration Chart, Edmund P. Edmonds
Edmund P. Edmonds
No abstract provided.
2018 Arbitration Hearings Chart, Edmund P. Edmonds
2018 Arbitration Hearings Chart, Edmund P. Edmonds
Edmund P. Edmonds
No abstract provided.
It All Started With Columbo: Teaching Law With Popular Culture, Christine Corcos
It All Started With Columbo: Teaching Law With Popular Culture, Christine Corcos
Christine A. Corcos
No abstract provided.
To Select Your Roku Tv Input Using Go.Roku.Com/Selectinput, Sophia William
To Select Your Roku Tv Input Using Go.Roku.Com/Selectinput, Sophia William
Sophia William
Picture Imperfect: Attempted Regulation Of The Art Market, Patty Gerstenblith
Picture Imperfect: Attempted Regulation Of The Art Market, Patty Gerstenblith
Patty Gerstenblith
No abstract provided.
In Search Of The Final Head Ball: The Case For Eliminating Heading From Soccer,, N. Jeremi Duru
In Search Of The Final Head Ball: The Case For Eliminating Heading From Soccer,, N. Jeremi Duru
N. Jeremi Duru
A Public At Risk: Personal Fitness Trainers Without A Standard Of Care, Margaret E. Ciccolella, J. Mark Van Ness, Tommy Boone
A Public At Risk: Personal Fitness Trainers Without A Standard Of Care, Margaret E. Ciccolella, J. Mark Van Ness, Tommy Boone
J. Mark VanNess
In 2002, an overweight, sedentary, and middle-aged man suffered a heart attack during his first workout with his “certified” personal trainer. During the workout, the man repeatedly asked to stop because he was experiencing fatigue, heat, thirst, breathlessness, and chest pain. The trainer responded to requests to stop and complaints of fatigue by questioning his client’s masculinity and by continuing the workout. In the lawsuit that followed (Rostai v. Neste Enterprises, 2006), the court did not have the option to consider a statutorily defined standard of care since no licensing requirements existed for those who design and/or lead fitness programs. …
A Public At Risk: Personal Fitness Trainers Without A Standard Of Care, Margaret E. Ciccolella, J. Mark Van Ness, Tommy Boone
A Public At Risk: Personal Fitness Trainers Without A Standard Of Care, Margaret E. Ciccolella, J. Mark Van Ness, Tommy Boone
Margaret Ciccolella
In 2002, an overweight, sedentary, and middle-aged man suffered a heart attack during his first workout with his “certified” personal trainer. During the workout, the man repeatedly asked to stop because he was experiencing fatigue, heat, thirst, breathlessness, and chest pain. The trainer responded to requests to stop and complaints of fatigue by questioning his client’s masculinity and by continuing the workout. In the lawsuit that followed (Rostai v. Neste Enterprises, 2006), the court did not have the option to consider a statutorily defined standard of care since no licensing requirements existed for those who design and/or lead fitness programs. …
Sports And Entertainment Agents And Agent-Attorneys: Discourses And Conventions Concerning Crossing Jurisdictional And Professional Borders, David S. Caudill
Sports And Entertainment Agents And Agent-Attorneys: Discourses And Conventions Concerning Crossing Jurisdictional And Professional Borders, David S. Caudill
David S Caudill
Questions regarding the ethical obligations, pitfalls, and dilemmas facing attorneys who become sports or entertainment agents are not new. However, despite a substantial discourse on the topic, the sense persists that being both a lawyer and an agent is problematic. The applicable laws, including ethical regulations, seem to be clear, but are subject not only to law‟s usual jurisdictional variations and interpretive instability, but also to the mediation of conventions or tacit understandings that pervade the sports and entertainment industries.
Panel Ii: The Death Or Rebirth Of The Copyright?, Hugh C. Hansen, Diane Zimmerman, Robert Kasunic, Brett Frischmann
Panel Ii: The Death Or Rebirth Of The Copyright?, Hugh C. Hansen, Diane Zimmerman, Robert Kasunic, Brett Frischmann
Brett Frischmann
No abstract provided.
Philadelphia And Sports Law, Adam Epstein, Brian Halsey
Philadelphia And Sports Law, Adam Epstein, Brian Halsey
Adam Epstein
Split Chords: Addressing The Federal Circuit Split In Music Sampling Copyright Infringement Cases, Erik J. Badia
Split Chords: Addressing The Federal Circuit Split In Music Sampling Copyright Infringement Cases, Erik J. Badia
Erik Badia
This Note offers a comprehensive analysis of the current circuit split regarding how the de minimis doctrine applies to music sampling in copyright infringement cases. Since the Sixth Circuit's 2005 landmark decision in Bridgeport Music Inc. v. Dimension Films, critics, scholars and even judges have dissected the opinion and its bright line rule of “get a license or do not sample.” In May 2016, the Ninth Circuit issued its opinion in VMG Salsoul v. Ciccione. The Ninth Circuit explicitly declined to follow Bridgeport, holding that analyzing a music sampling copyright infringement case requires a substantial similarity analysis, including applying a …
Restoring Rogers: Video Games, False Association Claims, And The “Explicitly Misleading” Use Of Trademarks, 16 J. Marshall Rev. Intell. Prop. L. 306 (2017), William K. Ford
William K. Ford
Courts have long struggled with how to balance false association claims brought under the Lanham Act with the protections for speech under the First Amendment. The leading approach is the Rogers test, but this test comes in multiple forms with varying degrees of protection for speech. A substantial portion of the litigation raising this issue now involves video games, a medium that more so than others, likely needs the benefit of a clear rule that protects speech. The original version of the test is the simplest and the one most protective of speech. In 2013, the Ninth Circuit endorsed the …
Diamond Justice—Teaching Baseball And The Law, Edmund P. Edmonds
Diamond Justice—Teaching Baseball And The Law, Edmund P. Edmonds
Edmund P. Edmonds
Authors Louis H. Schiff and Robert M. Jarvis set out to fill a void in the vast array of legal teaching materials by creating Baseball and the Law: Cases and Materials, the first casebook to concentrate on “The National Pastime.” Their goal was to create a casebook that would propel the expansion of teaching law and baseball courses in law schools. By pulling together appropriate cases and primary reading material with detailed and carefully crafted notes, the authors have admirably completed this task with over 1000 pages of text to allow faculty and students in the legal academy a resource …
Are They Pirates Or Pioneers?, Ashley H. Song Ms.
Are They Pirates Or Pioneers?, Ashley H. Song Ms.
Ashley Song
Korea has the perceptive corruption level lower than the Western countries and shares the common appetite for the cultural products with the Japanese, often regarding Japanese more noble or superior and Westerns even more. Based on this sentiment, the ‘license musicals’ which have been bilaterally purchased from the West are popularly consumed in Korea. The paper calls this is not the cultural business, but the “self-confined cripples’ money party based on the informational deceptions.” The Korean licensee who has fueled the staggering production in the US transforms to the businessmen, caster, and producer in Korea . The licensed dramatico-musical transforms …
Northwestern, O'Bannon And The Future: Cultivating A New Era For Taxing Qualified Scholarships, Kathryn Kisska-Schulze, Adam Epstein
Northwestern, O'Bannon And The Future: Cultivating A New Era For Taxing Qualified Scholarships, Kathryn Kisska-Schulze, Adam Epstein
Adam Epstein
Sex, Videos, And Insurance: How Gawker Could Have Avoided Financial Responsibility For The $140 Million Hulk Hogan Sex Tape Verdict, Christopher French
Sex, Videos, And Insurance: How Gawker Could Have Avoided Financial Responsibility For The $140 Million Hulk Hogan Sex Tape Verdict, Christopher French
Christopher C. French
What Notice Did, Jessica Litman
What Notice Did, Jessica Litman
Jessica Litman
In this article, I explore the effect of the copyright notice prerequisite on the law's treatment of copyright ownership. The notice prerequisite, as construed by the courts, encouraged the development of legal doctrines that herded the ownership of copyrights into the hands of publishers and other intermediaries, notwithstanding statutory provisions that seem to have been designed at least in part to enable authors to keep their copyrights. Because copyright law required notice, other doctrinal developments were shaped by and distorted by that requirement. The promiscuous alienability of U.S. copyrights may itself have been an accidental development deriving from courts' constructions …
Proposed Deal Between Sam Bradford And Eagles' Fans, Stephen E. Friedman
Proposed Deal Between Sam Bradford And Eagles' Fans, Stephen E. Friedman
Stephen E Friedman
No abstract provided.
Panel Iii: Trademarks V. Free Speech In Cyberspace, Sonia Katyal, Robert Weisbein, William Mcgeveran, Brett Frischmann
Panel Iii: Trademarks V. Free Speech In Cyberspace, Sonia Katyal, Robert Weisbein, William Mcgeveran, Brett Frischmann
Sonia Katyal
No abstract provided.
Fair Use: Its Application, Limitations And Future. , Sonia Katyal, Paul Aiken, Laura Quilter, David O. Carson, John, Jr. G. Palfrey, Hugh C. Hansen
Fair Use: Its Application, Limitations And Future. , Sonia Katyal, Paul Aiken, Laura Quilter, David O. Carson, John, Jr. G. Palfrey, Hugh C. Hansen
Sonia Katyal
No abstract provided.
Commentary, Critical Legal Theory In Intellectual Property And Information Law Scholarship, Cardozo Arts & Entertainment Law Journal Spring Symposium, Sonia K. Katyal, Peter Goodrich
Commentary, Critical Legal Theory In Intellectual Property And Information Law Scholarship, Cardozo Arts & Entertainment Law Journal Spring Symposium, Sonia K. Katyal, Peter Goodrich
Sonia Katyal
The very definition and scope of CLS (critical legal studies) is itself subject to debate. Some scholars characterize CLS as scholarship that employs a particular methodology—more of a “means” than an “end.” On the other hand, some scholars contend that CLS scholarship demonstrates a collective commitment to a political end goal—an emancipation of sorts —through the identification of, and resistance to, exploitative power structures that are reinforced through law and legal institutions. After a brief golden age, CLS scholarship was infamously marginalized in legal academia and its sub-disciplines. But CLS themes now appear to be making a resurgence—at least in …
A Sustainable Music Industry For The 21st Century, Aloe Blacc, Irina D. Manta, David S. Olson
A Sustainable Music Industry For The 21st Century, Aloe Blacc, Irina D. Manta, David S. Olson
David S. Olson
This essay argues that the current system of music licensing must be completely overhauled. At this time, songwriters are paid a mere pittance when their work is played through Internet streaming services. The paper traces the evolution of compulsory licensing from the early 20th century, when Congress put this system in place due to concerns over the monopolization of the player piano industry, to today. This essay shows how the separation between copyrights for compositions as opposed to public performances contributed to blanket licensing through royalty-collecting organizations like ASCAP and BMI, which — together with government intervention into pricing based …
Catalyzing Fans, Howard Wasserman, Dan Markel, Michael Mccann
Catalyzing Fans, Howard Wasserman, Dan Markel, Michael Mccann
Howard M Wasserman
This paper proposes the development of Fan Action Committees (“FACs”), which, like their political counterpart ("PACs"), could mobilize and empower fans to play a larger role in the decision-making associated with which “production teams” the talent will work. We outline two institutional options: FACs could directly compensate talent by crowdfunding, or they could make donations to charities favored by talent. We then discuss both obstacles and objections from a variety of policy and legal perspectives ranging from competitive balance to distributive justice. Finally, we consider possible extensions of the FAC model as well as offer some ruminations on why FACs …
Player Restraints And Competition Law Throughout The World, Stephen Ross
Player Restraints And Competition Law Throughout The World, Stephen Ross
Stephen F Ross
This article reviews agreements among clubs participating in league sports in many countries throughout the world that limit competition for the services of players. Under the English common law (which governs in most of the British commonwealth), the competition law provisions of the European Union's governing treaty, the American Sherman Act, and the Canadian Competition Act, the governing standard is quite similar. Player restraints cab only be justified if they are related to a legitimate purpose, which is usually defined as one that demonstrably improves the consumer appeal for the sporting competition. Moreover, and significantly, player restraints must be reasonably …
Light, Less-Filling, It's Blue-Ribbon!, Stephen Ross
Light, Less-Filling, It's Blue-Ribbon!, Stephen Ross
Stephen F Ross
This Commentary reviews the recommendations of the Blue Ribbon Panel and, accepting the Report's perspective of advocating the long-term interests of baseball fans, identifies some important and positive contributions made by the Report. Next, some significant flaws and shortcomings are discussed. Finally, the Commentary suggests several practical reforms likely to improve competitive balance which plausibly could secure the support of t he various constituencies of the National Pastime.
Monopoly Sports Leagues, Stephen Ross
Monopoly Sports Leagues, Stephen Ross
Stephen F Ross
This Article argues that the government should break up both Major League Baseball and the NFL to provide for competing economic entities in each sport. Part I details the harm monopoly sports leagues cause in several different markets and explains why a competitive league structure can correct such harms. Part II discusses why regulatory solutions are poor substitutes for competition as a means of redressing these harms. Part III explains why neither baseball nor football is a "natural monopoly" and argues that no persuasive evidence suggests that rival leagues cannot exist in those sports. Part IV examines how the antitrust …
Judicial Review Of Ncaa Eligibility Decisions: Evaluation Of The Restitution Rule And A Call For Arbitration, Stephen Ross, Richard Karcher, S. Kensinger
Judicial Review Of Ncaa Eligibility Decisions: Evaluation Of The Restitution Rule And A Call For Arbitration, Stephen Ross, Richard Karcher, S. Kensinger
Stephen F Ross
Courts have held that the general principles of judicial non-interference with the decisions of private associations do not apply where a dominant organization’s decisions effectively prevent individuals from participating in an important activity, including a profession or sports. Although the bylaws of the National Collegiate Athletic Association (NCAA) give it unfettered power, it remains subject to judicial review when its decisions violate constitutional or statutory limits, or principles of contract law, or when they are inconsistent with the organization’s own rules. As such, general principles of equity should freely permit an athlete to obtain injunctive relief where the applicable standards …
Radical Reform Of Intercollegiate Athletics: Antitrust And Public Policy Implications, Stephen Ross
Radical Reform Of Intercollegiate Athletics: Antitrust And Public Policy Implications, Stephen Ross
Stephen F Ross
Universities operating major intercollegiate athletic programs are heading for, if not already in, a crisis. Corruption continues to affect major football and basketball programs, exacerbated by a failure of imagination and will in identifying and deterring corruption, and by a lack of consensus on what constitutes "corruption" when football and men's basketball stars generate millions of dollars but cannot enjoy a lifestyle commensurate with many peer students. Current levels of spending are nonsustainable at many schools. Even where intercollegiate athletic programs are sustained primarily by football and basketball revenues, otherwise visionary and questioning college presidents have yet to publicly question …
The Nhl Labour Dispute And The Common Law, The Competition Law, And Public Policy, Stephen Ross
The Nhl Labour Dispute And The Common Law, The Competition Law, And Public Policy, Stephen Ross
Stephen F Ross
This article develops the claim that, absent an agreement with the union, the imposition of a salary cap or punitive luxury tax would constitute an unreasonable restraint of trade, as well as a violation of section 48 of the Competition Act that the Canadian courts should enjoin. The article analyzes decisions of Canadian and other British Commonwealth courts concerning general principles of the common law as well as their specific application in the context of the sports industry. Second, the paper discusses why the same standard applies to restraints challenged under section 48 of the Competition Act. Next. the relevance …