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Entertainment, Arts, and Sports Law Commons

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1990

Discipline
Institution
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Publication
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Articles 1 - 30 of 57

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

Table Of Contents Dec 1990

Table Of Contents

Marquette Sports Law Review

No abstract provided.


The Tax Significance Of Place Of Residence For Professional Athletes, William H. Baker Dec 1990

The Tax Significance Of Place Of Residence For Professional Athletes, William H. Baker

Marquette Sports Law Review

No abstract provided.


Chemical Warfare: Battling Steroids In Athletics, Jim Thurston Dec 1990

Chemical Warfare: Battling Steroids In Athletics, Jim Thurston

Marquette Sports Law Review

No abstract provided.


The Civil Rights Restoration Act Of 1987: Revitalization Of Title Ix, P. Michael Villalobos Dec 1990

The Civil Rights Restoration Act Of 1987: Revitalization Of Title Ix, P. Michael Villalobos

Marquette Sports Law Review

No abstract provided.


Preface, Francis T. Vincent Jr. Dec 1990

Preface, Francis T. Vincent Jr.

Marquette Sports Law Review

None


Fordham University Sesquicentennial 1841-1991 And Dedication, Editorial Board Oct 1990

Fordham University Sesquicentennial 1841-1991 And Dedication, Editorial Board

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Antitrust & Professional Sports' Eligibility Rules: The Past, The Present, And The Future, Cathy E. Shore Oct 1990

Antitrust & Professional Sports' Eligibility Rules: The Past, The Present, And The Future, Cathy E. Shore

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Free Press-Fair Trial Conflict–What's A Lawyer To Say?, C. Evan Stewart Oct 1990

The Free Press-Fair Trial Conflict–What's A Lawyer To Say?, C. Evan Stewart

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Federal Preemption Of The Right Of Publicity In Sing-Alike Cases, Leonard A. Wohl Oct 1990

Federal Preemption Of The Right Of Publicity In Sing-Alike Cases, Leonard A. Wohl

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Stranger In Parodies: Weird Al And The Law Of Musical Satire, Charles J. Sanders, Steven R. Gordon Oct 1990

Stranger In Parodies: Weird Al And The Law Of Musical Satire, Charles J. Sanders, Steven R. Gordon

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Reforming The Ncaa Drug-Testing Program To Withstand State Constitutional Scrutiny: An Analysis And Proposal, Thomas P. Simon Oct 1990

Reforming The Ncaa Drug-Testing Program To Withstand State Constitutional Scrutiny: An Analysis And Proposal, Thomas P. Simon

University of Michigan Journal of Law Reform

Shortly after year-round testing went into effect, the California Court of Appeal held that the NCAA's original drug testing program violated a student-athlete's right of privacy as protected by the California Constitution. This Note examines the impact of that decision and attempts to design a program that will withstand state constitutional scrutiny. Part I describes the current NCAA drug-testing program. Part II looks at the fourth amendment argument against drug testing of student-athletes. Part III assesses the viability of a federal constitutional attack on NCAA testing, while Part IV discusses a state constitutional challenge. Finally, Part V proposes ...


Sports Notes, Wornie L. Reed Jun 1990

Sports Notes, Wornie L. Reed

Trotter Review

The big-business nature of college sports is becoming increasingly apparent. Each of the four schools with basketball teams in the 1990 "Final Four" received $1,430,000, while the 64 invited teams were guaranteed at least $286,000 each. On top of this, the National Collegiate Athletic Association (NCAA) recently signed a $1 billion basketball deal with CBS television, ensuring that the take for individual schools will be greater in the future. College athletes are producing this revenue without remuneration other than their scholarships, which pale in comparison to the revenue they generate.


Torts & Sports: Participant Liability To Co-Participants For Injuries Sustained During Competition, Daniel E. Lazaroff Apr 1990

Torts & Sports: Participant Liability To Co-Participants For Injuries Sustained During Competition, Daniel E. Lazaroff

University of Miami Entertainment & Sports Law Review

No abstract provided.


The Successful Musical Copyright Infringement Suit: The Impossible Dream, Debra Presti Brent Apr 1990

The Successful Musical Copyright Infringement Suit: The Impossible Dream, Debra Presti Brent

University of Miami Entertainment & Sports Law Review

No abstract provided.


Judicial Review, Copyrightability And The Register's Discretion: A New Direction, James A. Booth, E. J. Yera Apr 1990

Judicial Review, Copyrightability And The Register's Discretion: A New Direction, James A. Booth, E. J. Yera

University of Miami Entertainment & Sports Law Review

No abstract provided.


The Right Of Publicity And Its Descendibility, Vicky Gerl Neumeyer Apr 1990

The Right Of Publicity And Its Descendibility, Vicky Gerl Neumeyer

University of Miami Entertainment & Sports Law Review

No abstract provided.


The Relationship Between Criminal Liability And Sports: A Jurisprudential Investigation, Wayne R. Cohen Apr 1990

The Relationship Between Criminal Liability And Sports: A Jurisprudential Investigation, Wayne R. Cohen

University of Miami Entertainment & Sports Law Review

No abstract provided.


Myths And Misunderstandings, Michael I. Meyerson Apr 1990

Myths And Misunderstandings, Michael I. Meyerson

All Faculty Scholarship

This article explores the utility of the Holmsean marketplace of ideas when considering the regulation of different forms of communication technology.


National Collegiate Athletic Ass'n V. Tarkanian: Viewing State Action Through The Analytical Looking Glass, Stephen R. Vancamp Apr 1990

National Collegiate Athletic Ass'n V. Tarkanian: Viewing State Action Through The Analytical Looking Glass, Stephen R. Vancamp

West Virginia Law Review

No abstract provided.


Digital Sound Sampling And A Federal Right Of Publicity: Is It Live Or Is It Macintosh?, 10 Computer L.J. 365 (1990), Tamara J. Byram Jan 1990

Digital Sound Sampling And A Federal Right Of Publicity: Is It Live Or Is It Macintosh?, 10 Computer L.J. 365 (1990), Tamara J. Byram

The John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Random Drug Testing Of Student Athletes By State Universities In The Wake Of Von Raab And Skinner, Leroy Pernell Jan 1990

Random Drug Testing Of Student Athletes By State Universities In The Wake Of Von Raab And Skinner, Leroy Pernell

Marquette Sports Law Review

No abstract provided.


Random Drug Testing Of Student Athletes By State Universities In The Wake Of Von Raab And Skinner, Leroy Pernell Jan 1990

Random Drug Testing Of Student Athletes By State Universities In The Wake Of Von Raab And Skinner, Leroy Pernell

Journal Publications

No abstract provided.


From Satirical To Satyrical: When Is A Joke Actionable, Sandra Davidson Scott Jan 1990

From Satirical To Satyrical: When Is A Joke Actionable, Sandra Davidson Scott

Hastings Communications and Entertainment Law Journal

This Article explores the often sexy landscape of satire and parody, asking the question, Has the law gone too far in denying plaintiffs recovery for satire that cannot be taken as literally true? The case of Pring v. Penthouse International provides the touchstone. The author addresses topics including Jerry Falwell's unsuccessful suit against Hustler magazine, the public figure/private person distinction, commercial appropriation of name and likeness, and the opinion/fact distinction. The Article concludes that courts show more sensitivity to commercial than personal injury and fail to appreciate that satire can damage reputations by raising suspicions that statements ...


Alternatives To Copyright Law Protection Of Graphic Characters: The Lanham Act And Antidilution Statutes, Robert E. Anderson Jan 1990

Alternatives To Copyright Law Protection Of Graphic Characters: The Lanham Act And Antidilution Statutes, Robert E. Anderson

Hastings Communications and Entertainment Law Journal

In an "information age" dominated by mass media entertainment, graphic characters have become increasingly valuable commodities. Federal trademark law and state antidilution statutes provide alternatives to copyright law protection of such hot properties as the "Teenage Mutant Ninja Turtles." This Essay explores how courts determine the existence of secondary meaning in characters, as well as which aspects of a character, such as a costume or nickname, may receive protection. The Essay concludes with an examination of new trends introduced by the entertainment industry and the law of unfair competition.


U.S. Communications Policymaking: Who & (And) Where, Mark S. Nadel Jan 1990

U.S. Communications Policymaking: Who & (And) Where, Mark S. Nadel

Hastings Communications and Entertainment Law Journal

The author describes the major communications policy forums and provides a directory of the principal individuals and organizations involved in creating the agendas of the forums and other major participants. The Directory covers federal, state, and some local government bodies, and key international communications forums. The Directory also lists academic research centers, policy journals, major conferences and seminar programs, foundations, and advocacy groups.


Scarcity Of The Airwaves: Allocating And Assigning The Spectrum For High Definition Television (Hdtv), Janine S. Natter Jan 1990

Scarcity Of The Airwaves: Allocating And Assigning The Spectrum For High Definition Television (Hdtv), Janine S. Natter

Hastings Communications and Entertainment Law Journal

High Definition Television (HDTV) promises a dramatic technological advancement in the quality of video and audio television. This Note asserts that local broadcast television networks must be allocated additional space on the electromagnetic spectrum to transmit the improved signals required for a competitive HDTV system in the United States. Unless additional spectrum frequencies are allocated for broadcast television, the spectrum presently allocated may be insufficient to satisfy all applicants. Therefore, a scheme must be developed to determine which applicants will be granted the right to use any additional frequencies. The author discusses various methods of assigning the spectrum and proposes ...


California V. Fcc: A Victory For The States, Ann E. Rendahl Jan 1990

California V. Fcc: A Victory For The States, Ann E. Rendahl

Hastings Communications and Entertainment Law Journal

In California v. FCC, the Ninth Circuit invalidated the FCC's Computer III Order, a regulatory scheme that changed the method of regulating enhanced services. This Note evaluates the FCC's Computer III Order, focusing on the history of the computer inquiries and the ensuing policy debate between the FCC and state regulatory commissions. The Note analyzes the case law concerning the FCC's preemptive power under the Communications Act of 1934, including the U.S. Supreme Court's decision in Louisiana Public Service Commission and succeeding court of appeal decisions. The author describes the parties' arguments in California v ...


Poetic Justice: Work Made For Hire Laws Invite State Regulation Of Parties To Copyright Contracts, Gregory T. Victoroff Jan 1990

Poetic Justice: Work Made For Hire Laws Invite State Regulation Of Parties To Copyright Contracts, Gregory T. Victoroff

Hastings Communications and Entertainment Law Journal

Little-known California laws may impose extensive statutory requirements and labor regulations on purchasers of copyrightable works using written "Work Made for Hire" contracts. These laws may coalesce with other state labor regulations, springing a costly trap on unwary users/buyers of coprightable works. Attorneys representing artist/employee clients can make artful use of the California "Work Made for Hire" laws to achieve for them a sort of "poetic justice."


Museum Collection Care Problems And California's Old Loan Legislation, Judith L. Teichman Jan 1990

Museum Collection Care Problems And California's Old Loan Legislation, Judith L. Teichman

Hastings Communications and Entertainment Law Journal

A number of museums have problems associated with objects which have been in their custody for many years. Sometimes it is unclear whether the objects were originally loans or gifts; in other cases, the lender has died or otherwise lost contact with the museum. This Essay describes what has led to these situations and the resulting dilemmas, including the difficulty of litigating claims to the objects. It describes the reasoning behind the factual support for various provisions in the California legislation governing loans to museums. The author concludes that the legislation will prevent a recurrence of the identified problems and ...


State Art And Artifacts Indemnity: A Solution Without A Problem, Nan Morris Jan 1990

State Art And Artifacts Indemnity: A Solution Without A Problem, Nan Morris

Hastings Communications and Entertainment Law Journal

Prices for art works have risen enormously in recent years. For a museum to bring a major exhibition to the public often depends on the costs involved in insuring it. The Federal Arts and Artifacts Indemnity Act provides some relief from these expenses. Additionally, three states, Florida, Iowa, and Texas, have enacted similar statutes to aid their museums in hosting exhibitions not covered by the federal act. Do these state statutes really fill a need, and, if so, why do so few museums seem interested in them? The author concludes that state indemnity will help exhibitors and that disinterest on ...