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Entertainment, Arts, and Sports Law Commons™
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Articles 1 - 30 of 43
Full-Text Articles in Entertainment, Arts, and Sports Law
The Lanham Act And Why Studios Are Right In Being Cautious, Devan Orr
The Lanham Act And Why Studios Are Right In Being Cautious, Devan Orr
Library Staff Publications
No abstract provided.
Call To The Bullpen: How The 2012 Mlb Draft Shows Why The Ncaa Must Make A Change To Its Bylaws, James F. Reid
Call To The Bullpen: How The 2012 Mlb Draft Shows Why The Ncaa Must Make A Change To Its Bylaws, James F. Reid
Published Works
Major League Baseball (“MLB”) revised its amateur draft rules in 2012, which had a significant effect on how much of a signing bonus MLB teams could offer their draftees. Accordingly, it is no surprise that signing bonuses for first round draftees decreased by almost $12 million in 2012, as compared to 2011. The new rules, and their subsequent effect on MLB teams, demand that baseball student-athletes, now more than ever, not only be educated in all facets of the MLB Draft before deciding to turn pro or become/remain college student-athletes, but also retain a competent attorney or agent to represent …
Should The Internet Exempt The Media Sector From The Antitrust Laws?, Thomas J. Horton, Robert H. Lande
Should The Internet Exempt The Media Sector From The Antitrust Laws?, Thomas J. Horton, Robert H. Lande
All Faculty Scholarship
This article examines whether the "old media" and the "new media", including the Internet, should be considered to be within the same relevant market for antitrust purposes. To do this the article first demonstrates that proper antitrust consideration of the role of non-price competition necessitates that “news” and “journalism” be analyzed in two distinct ways. First, every part of the operations of a newspaper (or other type of media source), including its investigative reporting and local coverage, should be assessed separately. We present empirical evidence collected for this study which demonstrates that the old media continues to win the vast …
Mlb Calendar 2013-2014, Edmund P. Edmonds
Valuing Fractional Interests In Art For Estate Tax Purposes, Wendy G. Gerzog
Valuing Fractional Interests In Art For Estate Tax Purposes, Wendy G. Gerzog
All Faculty Scholarship
It is difficult to value fractional interests in art because there is virtually no market in those interests. Nevertheless, the Tax Court in Estate of Elkins valued the decedent’s fractional interests in multiple artworks, which the decedent and his children highly cherished. First, the court addressed the restricted agreements under section 2703 and then the court determined the value of decedent’s interests in the art.
Junior Seau, Head Trauma, And The Nfl's Concussion Problem, André Douglas Pond Cummings
Junior Seau, Head Trauma, And The Nfl's Concussion Problem, André Douglas Pond Cummings
Faculty Scholarship
By all accounts, Tiaina “Junior” Seau was an extraordinary professional athlete. Seau’s career in the National Football League (“NFL”) spanned two decades as he battled furiously as a linebacker for the San Diego Chargers, Miami Dolphins, and the New England Patriots. His performance on the field of play was exceptional; he was selected to the Pro Bowl twelve times and will most certainly be voted into the NFL Hall of Fame when he becomes eligible in 2015. Despite Seau’s unparalleled career, athletic accomplishments, and financial rewards, he committed suicide on May 2, 2012, at the age of 43, just two …
The Law Professor As Faculty Athletics Representative: Some Random Thoughts After Two Years, David E. Shipley
The Law Professor As Faculty Athletics Representative: Some Random Thoughts After Two Years, David E. Shipley
Scholarly Works
It is a pleasure to write an essay about something I really enjoy, and it is especially pleasing not to worry about footnotes. I have been a law professor since 1977, and in August 2012, I started my 35th year of teaching. It is still fun to be in the classroom; my students energize me, teaching remains a challenge and being a productive scholar is important. I am one of those professors who likes his law school, university and professional service commitments. I am fortunate to have the best job in higher education: being a tenured law professor. My service …
Is High-Altitude Mountaineering Russian Roulette?, Edward K. Cheng
Is High-Altitude Mountaineering Russian Roulette?, Edward K. Cheng
Vanderbilt Law School Faculty Publications
Whether the nature of the risks associated with climbing high-altitude (8000 m) peaks is in some sense “controllable” is a longstanding debate in the mountaineering community. Well-known mountaineers David Roberts and Ed Viesturs explore this issue in their recent memoirs. Roberts views the primary risks as “ objective ” or uncontrollable, whereas Viesturs maintains that experience and attention to safety can make a significant difference. This study sheds light on the Roberts-Viesturs debate using a comprehensive dataset of climbing on Nepalese Himalayan peaks. To test whether the data is consistent with a constant failure rate model (Roberts) or a decreasing …
Roberts, Thomas Arbitration Chart, Edmund P. Edmonds
Roberts, Thomas Arbitration Chart, Edmund P. Edmonds
Arbitrator Charts
No abstract provided.
Stutz, Robert Arbitration Chart, Edmund P. Edmonds
Stutz, Robert Arbitration Chart, Edmund P. Edmonds
Arbitrator Charts
No abstract provided.
Self-Replicating Technologies And The Challenge For The Patent And Antitrust Laws, 32 Cardozo Arts & Ent. L.J. 131 (2013), Daryl Lim
UIC Law Open Access Faculty Scholarship
Few patented inventions challenge the traditional boundaries of the patent and antitrust laws like those that are capable of multiplying as they are used. These self-replicating technologies are embedded in our food, fortify our vaccines, and form the computer code upon which the information age is based. These inventions create an inherent conflict between patentees and their customers. The conflict arises because every customer could become competitors as the product replicates, potentially making every first sale the patentee's last. They also challenge how we think about fundamental issues of ownership as well as innovation and market competition, and make it …
The American Public’S Perception Of Illegal Steroid Use: A National Survey, 2013, Gary Siperstein, Neil Romano, Gizem Iskenderoglu, Anthony Roman, Floyd J. Fowler Jr., Max Drascher
The American Public’S Perception Of Illegal Steroid Use: A National Survey, 2013, Gary Siperstein, Neil Romano, Gizem Iskenderoglu, Anthony Roman, Floyd J. Fowler Jr., Max Drascher
Center for Social Development and Education Publications
Through the surge of news about doping scandals in the media, it is expected that the public is aware of the magnitude of the problem among professional athletes; however, it is uncertain whether the public is aware that the problem often starts when athletes are younger. To this end, the National Baseball Hall of Fame and Museum, the Taylor Hooton Foundation, and the Professional Baseball Athletic Trainers Society partnered with the Center for Social Development and Education and the Center for Survey Research at the University of Massachusetts Boston to conduct the most comprehensive national opinion survey to date to …
Accommodating Labor And Antitrust, Stephen F. Ross
Accommodating Labor And Antitrust, Stephen F. Ross
Journal Articles
In this article, the author comments on Professor Michael LeRoy's article "Federal Jurisdiction in Sports Labor Disputes" (2012 Utah L. Rev. 815) and explains why he disagrees with the claim that federal courts improperly invoke the Sherman Act in sports labor disputes.
Using Contract Law To Tackle The Coaching Carousel, Stephen F. Ross, Lindsay A. Berkstresser
Using Contract Law To Tackle The Coaching Carousel, Stephen F. Ross, Lindsay A. Berkstresser
Journal Articles
This Article suggests that student-athletes can protect themselves (and, indirectly, fans and students at the university at which they are about to enroll) by securing a binding promise from the coach that he will not voluntarily leave the university throughout the student-athlete's career. This promise could be in a legally binding contract directly between the coach and student-athlete, or by adding to the coach's employment contract with the university a proviso expressly designating student-athletes as third party beneficiaries. Part I briefly describes the problems resulting from the coaching carousel and describes the potential for contracts that limit a coach's mobility …
The Law And Science Of Video Game Violence: What Was Lost In Translation?, 31 Cardozo Arts & Ent. L.J. 297 (2013), William K. Ford
The Law And Science Of Video Game Violence: What Was Lost In Translation?, 31 Cardozo Arts & Ent. L.J. 297 (2013), William K. Ford
UIC Law Open Access Faculty Scholarship
"[A]s a general rule," writes Pulitzer Prize-winning journalist Edward Humes, "courts don't do science very well."' Susan Haack, a professor of law and philosophy, elaborates on why this may be true, offering several reasons for "deep tensions" between science and law. The reasons offered by Haack may be less of a concern where the dispute involves litigation against the government on significant questions of public policy. Recent decisions assessing the constitutionality of laws restricting minors' access to violent video games therefore offer an opportunity to examine how well the courts handled scientific evidence in a situation lacking some of the …
The Lawyer Who Built Titletown: Gerald Clifford, The Green Bay Packers And Community Ownership, 14 U. Denv. Sports & Ent. L.J. 3 (2013), Maureen Collins
The Lawyer Who Built Titletown: Gerald Clifford, The Green Bay Packers And Community Ownership, 14 U. Denv. Sports & Ent. L.J. 3 (2013), Maureen Collins
UIC Law Open Access Faculty Scholarship
No abstract provided.
League Structure & Stadium Rent Seeking —The Antitrust Role Reconsidered, Haddock David, Jacobi Tonja, Matthew Sag
League Structure & Stadium Rent Seeking —The Antitrust Role Reconsidered, Haddock David, Jacobi Tonja, Matthew Sag
Faculty Publications & Other Works
Professional North American sporting teams receive enormous public funding for new and renovated stadiums after threatening to depart their hometowns, or by actually moving elsewhere. In contrast, English sporting teams neither receive much public money for such projects, nor move towns. This Article argues that no inherent cultural or political transatlantic variations cause the differences; rather, it is the industrial organization of sports in the two countries-the structure of league control-that enables rent-seeking by American teams but not by their English counterparts. Cross-country time series data contrasting American professional football and baseball stadiums with English soccer grounds support our claim, …
Valuing Art In An Estate: New Concerns, Anne-Marie E. Rhodes
Valuing Art In An Estate: New Concerns, Anne-Marie E. Rhodes
Faculty Publications & Other Works
No abstract provided.
Confronting The Youth Sports Concussion Crisis: A Central Role For Responsible Local Enforcement Of Playing Rules, Douglas E. Abrams
Confronting The Youth Sports Concussion Crisis: A Central Role For Responsible Local Enforcement Of Playing Rules, Douglas E. Abrams
Faculty Publications
This article concerns the effect of playing rules on efforts to prevent concussions in youth sports. We can significantly reduce rates of sports-related concussions by periodically reviewing safety-based playing rules in light of medical learning, and then by assuring their enforcement by coaches, officials and parents who remain committed to sportsmanship and mutual respect in local games.
"Smut And Nothing But": The Fcc, Indecency, And Regulatory Transformations In The Shadows, Lili Levi
"Smut And Nothing But": The Fcc, Indecency, And Regulatory Transformations In The Shadows, Lili Levi
Articles
No abstract provided.
Change Of Pace For Grants-In-Aid: Why The Former Ncaa Scholarship Bylaw Violated Antitrust And Student Athletes Should Be Able To Recover, Courtney O'Brien
Change Of Pace For Grants-In-Aid: Why The Former Ncaa Scholarship Bylaw Violated Antitrust And Student Athletes Should Be Able To Recover, Courtney O'Brien
Student Works
No abstract provided.
Mandated Disclosure In Literary Hybrid Speech, Zahr K. Said
Mandated Disclosure In Literary Hybrid Speech, Zahr K. Said
Articles
This Article, written for the Washington Law Review’s 2013 Symposium, The Disclosure Crisis, argues that hidden sponsorship creates a form of non-actionable influence rather than causing legally cognizable deception that mandatory disclosure can and should cure.
The Article identifies and calls into question three widely held assumptions underpinning much of the regulation of embedded advertising, or hidden sponsorship, in artistic communications. The first assumption is that advertising can be meaningfully discerned and separated from communicative content for the purposes of mandating disclosure, even when such advertising occurs in “hybrid speech.” The second assumption is that the hidden promotional aspects …
Concussion And Football: Failures To Respond By The Nfl And The Medical Profession, David Orentlicher
Concussion And Football: Failures To Respond By The Nfl And The Medical Profession, David Orentlicher
Scholarly Works
No abstract provided.
Streaming While Teaching: The Legality Of Using Person Streaming Video Accounts For The Classroom, Jonathan I. Ezor
Streaming While Teaching: The Legality Of Using Person Streaming Video Accounts For The Classroom, Jonathan I. Ezor
Scholarly Works
Educators are constantly seeking new sources of relevant material to illustrate doctrinal and practice topics. With the growing understanding of students’ different learning styles, as well as the expansion of high-speed network connections and large displays in the classroom, streaming video has begun gaining popularity as an educational tool. Films, television programs, and real-time and archived legislative and court sessions may provide examples (both positive and negative) to enhance pedagogy. One increasingly common source for streaming content is a commercial video provider such as Netflix, Amazon, and Hulu. Even where such providers do not offer educational or institutional services, educators …
Wrestling With Gender: Constructing Masculinity By Refusing To Wrestle Women, Deborah Brake
Wrestling With Gender: Constructing Masculinity By Refusing To Wrestle Women, Deborah Brake
Articles
In February of 2011, an Iowa high school boy captured national attention when he refused to wrestle a girl at the state championship meet. The media shaped the story into a tale that honored the boy for sacrificing personal gain out of a moral imperative to “never hurt a girl.” Unpacking this incident reveals several “fault lines” in U.S. culture that often derail gender equality projects: (1) religion/morality is interposed as an oppositional and equally weighty social value that neutralizes an equality claim; (2) the agency of persons supporting traditional gender norms is assumed, while the agency of persons contesting …
Can Moving Pictures Speak? Silent Film, Free Speech, And Social Science In Early 20th Century Law, Jennifer Petersen
Can Moving Pictures Speak? Silent Film, Free Speech, And Social Science In Early 20th Century Law, Jennifer Petersen
Studio for Law and Culture
When the Supreme Court was first confronted with a First Amendment case involving film, it was confronted with a difficult and fascinating question: were silent films speech? The decision in the case, Mutual v. Ohio (1915), famously answered no. The decision is usually understood to be part of a tradition of interpretations of the First Amendment as applying primarily to political opinion; in this reading, film was not protected because it was entertainment and/or commerce. However, Mutual also contains a set of arguments about the nature of film as more akin to action than to speech — arguments embedded in …
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
Faculty Scholarship
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 …
The Disappearing Fourth Wall: Law, Ethics, And Experiential Theatre, Mary Lafrance
The Disappearing Fourth Wall: Law, Ethics, And Experiential Theatre, Mary Lafrance
Scholarly Works
The cutting edge of experiential theatre blurs the lines between performer and audience. Both the performer and the audience are vulnerable. Audiences may be subject to assaultive or disturbing behavior or images. The performance may take place in an unconventional venue that poses safety hazards. A single audience member may be alone with a performer, who may engage in provocative or shocking behavior, including verbal abuse or touching. The performer may invite similar conduct from the participant. Typically, the participant does not know in advance what will take place and does not sign a waiver. While the performer has a …
Is The Nfl Playing Dirty With Super Bowl Clean Zones?: Will The Noerr-Pennington Doctrine Be Successfully Applied By The Nfl In Williams V. City Of Arlington And Future Cases Involving The Super Bowl Clean Zone Ordinance, Andrew Sachs
Student Works
No abstract provided.
The Economics Of The Infield Fly Rule, Howard M. Wasserman
The Economics Of The Infield Fly Rule, Howard M. Wasserman
Faculty Publications
No sports rule has generated as much legal scholarship as baseball's Infield Fly Rule. Interestingly, however, no one has explained or defended the rule on its own terms as part of the internal rules and institutional structure of baseball as a game. This Article takes on that issue, explaining both why baseball should have the Infield Fly Rule and why a similar rule is not necessary or appropriate in seemingly comparable, but actually quite different, baseball situations., The answer lies in the dramatic cost-benefit disparities present in the infield fly and absent in most other game situations.
The-infield fly is …