Entertainment, Arts, and Sports Law Commons^™

The Great Gatsby, The Black Sox, High Finance, And American Law, Allen Boyer

Michigan Law Review

The Great Gatsby, by F. Scott Fitzgerald, is the great novel of America in the 1920s. It is about someone pursuing a girl, and, more than that, it is about someone pursuing a dream. Jay Gatsby is someone who believes in the American dream of success. His life plays out the most famous piece of repartee between Fitzgerald and Hemingway - that the rich are very different from you and me, because they have more money. Gatsby is a man who thought that if he had the money, he would be rich, and could therefore be different.

After reading …

Independent Motion Picture Financing: Unregistered Limited Partnership Offerings, James L. Thompson

BYU Law Review

No abstract provided.

Does The Supreme Court Extend The Definition Of Obscenity To "I Know It When I Hear It?": Sable Communications Of California, Inc. V. Fcc, 109 S. Ct. 2829 (1989), Felicia Witt, Brian Scher

University of Miami Entertainment & Sports Law Review

No abstract provided.

E.T. Phone Home: The Protection Of Literary Phrases, Richard W. Stim

University of Miami Entertainment & Sports Law Review

No abstract provided.

Copyright Protection: The Erosion Of Renewal Rights Under The Copyright Act Of 1909: Abend V. Mca, Inc., 863 F.2d 1465 (9th Cir. 1988), Cert. Granted Sub Nom. Stewart V. Abend, 58 U.S.L.W. 3212 (U.S. Oct. 2, 1989) (No. 88-2102)., Todd G. Scher

University of Miami Entertainment & Sports Law Review

No abstract provided.

State Civil Penalties For Obscenity Violations: The Constitutionality Of Pretrial Seizure Of Obscene Publications: Fort Wayne Books, Inc. V. Indiana, 109 S. Ct. 916 (1989), Michael R. Hanrahan

University of Miami Entertainment & Sports Law Review

No abstract provided.

Injecting New Life Into An Old Defense: Anabolic Steroid-Induced Psychosis As A Paradigm Of Involuntary Intoxication, Martin J. Bidwill, David L. Katz M.D.

University of Miami Entertainment & Sports Law Review

No abstract provided.

The Battle In Both Courts: Ncaa V. Tarkanian, 109 S. Ct. 454 (1988), Rhonda Montoya

University of Miami Entertainment & Sports Law Review

No abstract provided.

The America's Cup Race 1988: A Competition For Sailors Or Solicitors? Mercury Bay Boating Club V. San Diego Yacht Club, 150 A.D.2d 82, 545 N.Y.S.2d 693 (N.Y. App. Div. 1989)., Karen Katonah

University of Miami Entertainment & Sports Law Review

No abstract provided.

Government Regulation Of The Place And Manner Of Protected Speech In A Public Forum: Ward V. Rock Against Racism, 109 S. Ct. 2746 (1989), Barbara Irwin

University of Miami Entertainment & Sports Law Review

No abstract provided.

It's Not Who You Are, But Who You Work For: Limitation On The Works Made For Hire Doctrine: Community For Creative Non-Violence V. Reid, 109 S. Ct. 2166 (1989), Celeste A. Siblesz

University of Miami Entertainment & Sports Law Review

No abstract provided.

The Right Of Free Association In A Social Context: City Of Dallas V. Stanglin, 109 S. Ct. 1591 (1989), Natalie Herlands

University of Miami Entertainment & Sports Law Review

No abstract provided.

Jean-Luc Godard And Critical Legal Studies (Because We Need The Eggs), Jeffrey L. Harrison, Amy R. Mashburn

Michigan Law Review

The New Wave in filmmaking is now thirty years old. Critical Legal Studies (CLS) has been around in one form or another for approximately a third of that time. We believe that by examining the avant-garde movement in film we may be able to anticipate what is in store for the avant-garde movement in law. Our conclusion is that just as New Wave film methodology has had only a limited impact on the film industry generally, CLS is likely to have a limited - perhaps only stylistic - effect on jurisprudential development.

The reason for the shortfall is that Godard …

Ethics And Sportsmanship,, David Swank

David Swank

No abstract provided.

Seasoned To The Use, Carol Sanger

Michigan Law Review

A Review of Presumed Innocent by Scott Turow, and by Sue Miller

Considering The Source-Licensing Threat To Performing Rights In Music Copyrights, E. Scott Johnson

University of Miami Entertainment & Sports Law Review

No abstract provided.

National Football League V. Beachland Ventures, Inc. , Julie M. Levitt, Martin J. Bidwill

University of Miami Entertainment & Sports Law Review

No abstract provided.

Digital Sampling And Signature Sound: Protection Under Copyright And Non-Copyright Law, Thomas Arn

University of Miami Entertainment & Sports Law Review

No abstract provided.

The Potential Harm Of Musical Parody: Toward An Enlightened Fair Use Calculus, F. Casey Del Casino

University of Miami Entertainment & Sports Law Review

No abstract provided.

Colorization: Removing The Green, Richard T. Kilgore

University of Miami Entertainment & Sports Law Review

No abstract provided.

After Naruc I: The Fcc Communicates Its Intention To Abandon The Common Carrier/Private Carrier Distinction, Michael Jansen

University of Miami Entertainment & Sports Law Review

No abstract provided.

Sports Notes, Wornie L. Reed

Trotter Review

The recent conviction of sports agents Norby Walters and Lloyd Bloom on charges of racketeering and fraud may hasten the day when college sports will be seen as the businesses they are, and college athletes will be seen as “subminimum-wage” em ployees of these businesses. Certainly, Bloom and Walters are unsavory characters; they are guilty of several criminal activities, including extortion. But what should not go unnoticed is the fact that they were found guilty of committing fraud against colleges because they signed athletes to contracts before their college eligibility was up.

In other sports news, after nine years on …

Validity Of Post-Employment Non-Compete Covenants In Broadcast News Employment Contracts, Jon H. Sylvester

UC Law SF Communications and Entertainment Journal

Post-employment non-compete covenants are problematic on both economic policy and individual rights bases. Such convenants are prevalent in the broadcast news industry, where enforcement is inconsistent and unpredictable largely because of the "unique services" rationale. The author argues that the problem of enforceability should be addressed statutorily.

Aural Sex: Has Congress Gone Too Far By Going All The Way With Dial-A-Porn, Heidi Skuba Maretz

UC Law SF Communications and Entertainment Journal

Dial-a-Porn continues to be a multimillion dollar industry in this country. Amendments in 1988 to the federal statute governing Dial-a-Porn resulted in a complete prohibition of all obscene and indecent recorded phone messages. The Supreme Court is expected to rule on the constitutionality of this statute for the first time in July 1989 in Sable Communicatios v. FCC. This Note discusses the statute in its current and pre-amendment forms and analyzes Second and Ninth Circuit decisions attempting to balance the competing interests concerning Dial-a- Porn. The author argues that the current statute is unconstitutional and should be struck down in …

Vads, Vars, And Authorized Dealers - Do The Franchise Laws Apply To The Computer Industry, Kennedy A. Brooks

UC Law SF Communications and Entertainment Journal

VAD/VAR distribution programs may be "franchises" within the technical definitions in applicable federal and state laws. Computer products manufacturers should exercise care in the design of their dealer channels to avoid the impact of these laws. This Article reviews the basic features of these distribution channels, analyzes the components of the various definitions of a franchise, and discusses how these laws might affect the characteristics of a computer dealer channel.

Carrying Copyright Too Far: The Inadequacy Of The Current System Of Protection For Computer Programs, Virginia R. Lyons

UC Law SF Communications and Entertainment Journal

Currently available methods of legal protection are inappropriate for software. Because copyright law developed long before the advent of computer programs, it does not take into consideration the specialized needs of the new technology. This Note examines the way copyright law was manipulated to address early problems in software protection, and the problems which result when these rules are applied to recent, more complicated cases. The Note then proposes a new system of legal protection for computer programs.

The Future Of Software Copyright Protection: Arbitration V. Litigation, Alisa E. Anderson

UC Law SF Communications and Entertainment Journal

The legal profession and computer industry have expressed dissatisfaction with the existing copyright protection provided computer software and its traditional means of enforcement by litigation. These criticisms are exemplified in the protracted NEC Corp. v. Intel Corp. litigation. After examination of the current copyright laws and the recent NEC/Intel decision, the author analyzes the IBM/Fujitsu settlement, which created a new hybrid form of commercial arbitration. By relinquishing extensive control over their businesses to the arbitrators, IBM and Fujitsu established a sophisticated mechanism to resolve future conflicts and forestall future litigation. The author concludes that this hybrid method of arbitration is …

The Constitutional Administration Of The Beirut Agreement: Paradox Or Possibility, Alison E. Baur

UC Law SF Communications and Entertainment Journal

The Beirut Agreement is a multilateral treaty that allows for the dutyfree exchange of audiovisual materials, if they are certified by the exporting country to be "cultural, educational or scientific." The certification criteria used by the United States to define these terms was struck down as unconstitutional in the case of Bullfrog Films v. Wick. This Note analyzes the Bullfrog case and its subsequent appeal, as well as the issues surrounding the continued efforts of the United States Information Agency to draft satisfactory criteria. The Note concludes with the author offering suggestions for a constitutionally acceptable set of certification criteria.

Technological Poetry: The Interface Between Copyrights And Patents For Software, Willis E. Higgins

UC Law SF Communications and Entertainment Journal

For historical reasons, there is an overlap between patent coverage for software as a technology and copyright coverage for software as a literary work. Each of these forms of protection for software has a proper role and should be allowed to coexist. Through common law evolution in case law and patent grants by the U.S. Patent and Trademark Office, patents have become the way to protect new and nonobvious functional concepts of software. Therefore, courts may be less willing to expand the scope of protected expression of copyrights to protect the functional aspects of software.

Mandatory Television Access For Minor Party Presidential Candidates: Revamping Section 315 Of The Equal Opportunities Doctrine, M. Shannon Underwood

UC Law SF Communications and Entertainment Journal

The Equal Opportunities Doctrine requires that broadcasters providing exposure to candidates make comparable time available to all other candidates for the same elective office. Unfortunately, the Doctrine has been emasculated by exemptions that provide the Republican and Democratic candidates with free air time while denying time to minor party candidates, thus frustrating the Doctrine's goal of informing the public of a wide array of political thought. This Note argues that the exemptions from the Doctrine should be narrowed and also advocates a system of mandatory access for political candidates based upon their showing in the polls.