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Entertainment, Arts, and Sports Law Commons™
Open Access. Powered by Scholars. Published by Universities.®
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Articles 31 - 60 of 77
Full-Text Articles in Entertainment, Arts, and Sports Law
The National Endowment For The Humanities: Control Of Funding Versus Academic Freedom, Alvaro I. Anillo
The National Endowment For The Humanities: Control Of Funding Versus Academic Freedom, Alvaro I. Anillo
Vanderbilt Law Review
In 1989 government funding for the arts through the National Endowment for the Arts (NEA)' came under fire. Conservative groups vigorously attacked two controversial exhibits that received funding from the NEA. As a remedy for this supposedly inappropriate funding, conservative groups lobbied Congress strenuously either to dismantle the NEA or to limit its funding on the basis of content. The arts community responded with a vigorous campaign decrying such limits as an affront to artistic freedom and First Amendment rights. Congress placed the NEA, its funding procedures, and its record under close scrutiny when the agency applied in 1989 for …
Random Drug-Testing Of Public School Student Athletes: A Permissible Search Under The Fourth Amendment, Paul K. Madsen
Random Drug-Testing Of Public School Student Athletes: A Permissible Search Under The Fourth Amendment, Paul K. Madsen
Brigham Young University Education and Law Journal
No abstract provided.
Can A Private Educational Association Ever Be Liable Under 42 U.S.C. Section 1983 For Depriving An Individual Of Fourteenth Amendment Due Process Rights After Ncaa V. Tarkanian?, Samuel Perry Swanberg
Can A Private Educational Association Ever Be Liable Under 42 U.S.C. Section 1983 For Depriving An Individual Of Fourteenth Amendment Due Process Rights After Ncaa V. Tarkanian?, Samuel Perry Swanberg
Brigham Young University Education and Law Journal
No abstract provided.
Advertising Injury: Getting The Most Out Of Your Insurance Policy, David P. Brooks
Advertising Injury: Getting The Most Out Of Your Insurance Policy, David P. Brooks
UC Law SF Communications and Entertainment Journal
This article examines recent cases dealing with insurance coverage for intellectual property matters. State and Federal courts in California have recently held that companies that purchase comprehensive general liability insurance policies may be entitled to coverage under the "advertising injury" clause for claims involving unfair competition, copyright infringement, patent infringement, and possibly even trademark infringement. The article examines common insurance policy forms and concludes that advertising injury coverage should be made available to policyholders on a broader scale.
A Rose By Any Other Name: Trademark Protection Of The Names Of Popular Music Groups, Barbara Singer
A Rose By Any Other Name: Trademark Protection Of The Names Of Popular Music Groups, Barbara Singer
UC Law SF Communications and Entertainment Journal
As the economic value of the names of popular music groups has burgeoned, courts have increasingly been forced to grapple with the complex issues of trademark ownership and infringement of those group names. This article examines those complex issues and sets forth criteria to assist courts as they struggle to resolve them. The article first explores the trademark and contractual methods available for establishing ownership of a popular music group's name. Next, the article examines the manner in which an infringement is determined under the principles of trademark law both in the absence of and the presence of contractual allocations. …
The Conflict Between The California Mechanics' Lien Statutes And The Public Utilities Code, John Leary
The Conflict Between The California Mechanics' Lien Statutes And The Public Utilities Code, John Leary
UC Law SF Communications and Entertainment Journal
Following the breakup of AT&T, local telephone companies began growing quickly. However, when the Public Utilities Commission approves a private company's application to offer telephone service to a community, problems can arise, for both the community and that company's subcontractors. This note analyzes a conflict between the California Public Utilities Code and certain provisions of the California Civil Code, which suggests that subcontractors may not be protected by either mechanics' liens or stop notices in their dealings with those local companies. The note suggests that utilities be considered public entities, resulting in protection of subcontrators through the posting of payment …
Son Of Sam Laws After Simon & (And) Schuster V. New York Crime Victims Board: Free Speech Versus Victims' Rights, Kelly Franks
Son Of Sam Laws After Simon & (And) Schuster V. New York Crime Victims Board: Free Speech Versus Victims' Rights, Kelly Franks
UC Law SF Communications and Entertainment Journal
The United States Supreme Court recently found New York's Son of Sam law to be a content-based financial burden on speech in violation of the first amendment. The law prohibited any payment to a criminal in exchange for the personal account of his crime, and required that such payments be distributed to the victims of the crime instead. The decision affects similar laws in forty-two other states and the federal government. This note explains the background of New York's Son of Sam law, and examines the case that led to its demise. The author argues that having criminals compensate their …
Regulating Slate Mailers: Consumer Protection Or First Amendment Infringement, Carol Federighi
Regulating Slate Mailers: Consumer Protection Or First Amendment Infringement, Carol Federighi
UC Law SF Communications and Entertainment Journal
Slate mailers are part of the biennial political process in California. Forprofit enterprises that endorse candidates and issues for a price are big business in California. Despite regulations requiring that slate mailer organizations comply with extensive disclosure measures, many mailers remain deceptive. This note describes the deceptive practices of some slate mailers, discusses current regulation of the business, and analyzes the constitutional implications of regulating protected speech. The author argues that, despite the highly protected nature of political speech, the regulations will survive constitutional challenges, and with minor changes, will provide a model for other states.
Legislating Canned Performances, Janet Boessenecker
Legislating Canned Performances, Janet Boessenecker
UC Law SF Communications and Entertainment Journal
Do people have the right to know whether a concert will feature prerecorded music? Is legislative action needed to protect consumers from another Milli Vanilli-type fraud? A number of states have answered "yes" by introducing legislation to mandate a disclosure on concert advertisements or tickets. This note evaluates the necessity of such legislation in light of current popular music practices and existing law. The author concludes that disclosure laws are unnecessary and would be ineffective as well.
Docudramas: The Legality Of Producing Fact-Based Dramas - What Every Producer's Attorney Should Know, Jacqui Gold Grunfeld
Docudramas: The Legality Of Producing Fact-Based Dramas - What Every Producer's Attorney Should Know, Jacqui Gold Grunfeld
UC Law SF Communications and Entertainment Journal
This article provides a practical guide for the attorney whose client produces fact-based television movies, whether the producer chooses to use resource material from the public domain or obtain rights. The article analyzes the historical development and current state of the personality and property rights that need to be considered; discusses the impact of Son of Sam laws; examines the provisions to be included in rights acquisition agreements; and explores protective measures that can help to minimize the risk of litigation.
The Uniform Defamation Act: Is Too Much Being Asked Of The Press In The Quest For Libel Law Reform, Ben Dunlap Jr.
The Uniform Defamation Act: Is Too Much Being Asked Of The Press In The Quest For Libel Law Reform, Ben Dunlap Jr.
UC Law SF Communications and Entertainment Journal
The Uniform Law Commissioners are preparing to begin debate on the most sweeping changes to libel law since New York Times v. Sullivan. The proposed Uniform Defamation Act, if adopted by the full commission in August 1993 and enacted by state legislatures, would introduce an action for vindication as a non-damages remedy for the aggrieved subjects of defamation. The Act would also attempt to codify many areas of libel law that heretofore have primarily been left to development in the courts. This article examines the central features of the Uniform Defamation Act and how its enactment might affect the current …
Gambling And The Law - Update 1993, I. Nelson Rose
Gambling And The Law - Update 1993, I. Nelson Rose
UC Law SF Communications and Entertainment Journal
The largest, fastest growing, most quickly changing area of entertainment law is legal gambling: last year more than $304 billion was bet legally in the United States. Changes in government policies, from complete prohibition, to grudging permission, to active promotion, have led to a classic nationwide speculative bubble. The nation's leading expert on gambling law explores the recent explosion of legal gambling, including riverboat casinos that need not have engines or crews; "video lottery terminals," video poker machines run by state governments; and the largest table game casino in the world, owned by Native Americans in Connecticut. The article explores …
The Current State Of Moral Rights Protection For Visual Artists In The United States, Amy L. Landers
The Current State Of Moral Rights Protection For Visual Artists In The United States, Amy L. Landers
UC Law SF Communications and Entertainment Journal
Works of art have been recognized by Congress to embody more than a physical object; rather, these works can be seen to represent the artist's personality. The Visual Artists Rights Act, which codifies moral rights protection in the United States, provides legal recourse for artists whose works have been altered or destroyed in violation of this principle. During the past ten years, several states have also enacted moral rights legislation. This Note explores the current state of moral rights in the United States, with an emphasis upon those states where both federal and state moral rights statutes exist.
Legal Protection For Computer Programs, 1980-1992: A Bibliography Of Law-Related Materials, James E. Duggan
Legal Protection For Computer Programs, 1980-1992: A Bibliography Of Law-Related Materials, James E. Duggan
UC Law SF Communications and Entertainment Journal
No abstract provided.
Copyright Protection For Audiovisual Works In The European Community, Anne Moebes
Copyright Protection For Audiovisual Works In The European Community, Anne Moebes
UC Law SF Communications and Entertainment Journal
The European Community's copyright laws have been constantly changing in recent years to respond to the dramatic increase in the demand for and supply of audiovisual works. These laws have become necessary because of the increased risk of piracy in conjunction with the Community's continuing efforts toward Community harmonization. This article explores the scope of copyright protection of audiovisual works, the limitation of copyright protection as embodied in the Community "exhaustion" doctrine, and the impact of the Community's harmonization efforts.
Let Technology Counteract Technology: Protecting The Medical Record In The Computer Age, Terri Finkbine Arnold
Let Technology Counteract Technology: Protecting The Medical Record In The Computer Age, Terri Finkbine Arnold
UC Law SF Communications and Entertainment Journal
The medical record contains information about the most intimate details of our personal lives. Reliance on the computer by both private health care providers and the government to store, access, and manipulate medical information has increased dramatically in the last decade. The development of a national health care delivery system will utilize computer technology to automate and standardize the medical record even further. Current law and regulations are inadequate to meet the potential for misuse and abuse created by the computerization of medical information. This note explores the development of the computerized medical record and the likely future direction of …
A Needed Change In The Rules Of Baseball, Lewis Kurlantzick
A Needed Change In The Rules Of Baseball, Lewis Kurlantzick
Faculty Articles and Papers
No abstract provided.
The Art Of Contract Negotiation, David B. Falk
The Art Of Contract Negotiation, David B. Falk
Marquette Sports Law Review
No abstract provided.
Drugs Vs. Privacy: The New Game In Sports, Charles A. Palmer
Drugs Vs. Privacy: The New Game In Sports, Charles A. Palmer
Marquette Sports Law Review
No abstract provided.
The Effect Of Mcneil V. Nfl On Contract Negotiation In The Nfl - That Was Then, This Is Now, Carol T. Rieger, Charles J. Lloyd
The Effect Of Mcneil V. Nfl On Contract Negotiation In The Nfl - That Was Then, This Is Now, Carol T. Rieger, Charles J. Lloyd
Marquette Sports Law Review
No abstract provided.
Representation Of College Coaches In Contract Negotiations, Martin J. Greenberg
Representation Of College Coaches In Contract Negotiations, Martin J. Greenberg
Marquette Sports Law Review
No abstract provided.
Estate Planning Concerns For The Professional Athlete, John K. O'Meara
Estate Planning Concerns For The Professional Athlete, John K. O'Meara
Marquette Sports Law Review
No abstract provided.
Interpreting The Nfl Player Contract, Gary R. Roberts
Interpreting The Nfl Player Contract, Gary R. Roberts
Marquette Sports Law Review
No abstract provided.
Seeking Procedural Due Process In Ncaa Infractions Procedures: States Take Action, Aidan Middlemiss Mccormack
Seeking Procedural Due Process In Ncaa Infractions Procedures: States Take Action, Aidan Middlemiss Mccormack
Marquette Sports Law Review
No abstract provided.
Ethical Aspects Of Representing Professional Athletes, Paul T. Dee
Ethical Aspects Of Representing Professional Athletes, Paul T. Dee
Marquette Sports Law Review
No abstract provided.
Legal Analysis Of The Nhl Player's Contract, Joseph M. Weiler
Legal Analysis Of The Nhl Player's Contract, Joseph M. Weiler
Marquette Sports Law Review
No abstract provided.
Professional Team Sports And Employment Law In Australia: From Individualism To Collective Labor Relations?, Hayden Opie, Graham F. Smith
Professional Team Sports And Employment Law In Australia: From Individualism To Collective Labor Relations?, Hayden Opie, Graham F. Smith
Marquette Sports Law Review
No abstract provided.
Harlot's Ghost And Jfk: A Fictional Conversation With Norman Mailer, Oliver Stone, Earl Warren And Hugo Black, Rodney A. Smolla
Harlot's Ghost And Jfk: A Fictional Conversation With Norman Mailer, Oliver Stone, Earl Warren And Hugo Black, Rodney A. Smolla
Scholarly Articles
Not available.