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Articles 1 - 7 of 7
Full-Text Articles in Entertainment, Arts, and Sports Law
Market Efficiency And Rationality: The Peculiar Case Of Baseball, Richard H. Thaler, Cass R. Sunstein
Market Efficiency And Rationality: The Peculiar Case Of Baseball, Richard H. Thaler, Cass R. Sunstein
Michigan Law Review
In this lively book, Michael Lewis explores a topic that would seem of interest only to sports fans: how Billy Beane, the charismatic general manager of the Oakland Athletics, turned his baseball team around using, of all things, statistics. What next - an inspirational tale about superior database management? But there are some general lessons in Lewis's book that make it worth the attention of people who do not know the difference between a slider and a screwball (a group that, unfortunately, includes many lawyers and law professors). Those lessons have to do, above all, with the limits of human …
1984, William H. Rehnquist
1984, William H. Rehnquist
Michigan Law Review
1984 by George Orwell was published in 1949. Set in London thirty-five years in the future, the world has greatly changed. It is now dominated by only three powers - Eastasia, composed of China, Japan, and Southeast Asia; Eurasia, composed of continental Europe and Northern Africa; and Oceania, composed of North and South America and the British Isles. The latter no longer exists as a political entity - they are known as Airstrip Seven. But London is still London, the capital of Airstrip Seven. The novel recounts the life of Winston Smith, a midlevel bureaucrat in a society totally controlled …
Musical Musings: The Case For Rethinking Music Copyright Protection, J. Michael Keyes
Musical Musings: The Case For Rethinking Music Copyright Protection, J. Michael Keyes
Michigan Telecommunications & Technology Law Review
This Article focuses on the topic of music copyright, but addresses this legal issue from a different vantage point than that of the industry insiders, insightful scholars, and policy makers that have weighed in on the debate. Instead of focusing on the issues regarding wholesale digital reproduction and dissemination of music protected by copyright, this Article focuses on music copyright infringement when the claim is that a given piece of music is "substantially similar" to another piece of music protected by copyright. Part I of this Article touches on the history of the music industry and copyright in this country, …
Human Dignity And The Claim Of Meaning: Athenian Tragic Drama And Supreme Court Decisions, James Boyd White
Human Dignity And The Claim Of Meaning: Athenian Tragic Drama And Supreme Court Decisions, James Boyd White
Articles
I am going to bring together what may seem at first to be two extremely different institutions for the creation of public meaning, namely classical Athenian tragedy and the Supreme Court opinion.1 My object is not so much to draw lines of similarity and distinction between them, as a cultural analyst might do, as to try to capture something of what I believe is centrally at work in both institutions, in fact essential to what each at its best achieves. I can frame it as a question: How is it that the best instances of each genre (for I will …
Copyright Infringement, Sex Trafficking, And Defamation In The Fictional Life Of A Geisha, Susan Tiefenbrun
Copyright Infringement, Sex Trafficking, And Defamation In The Fictional Life Of A Geisha, Susan Tiefenbrun
Michigan Journal of Gender & Law
Memoirs of a Geisha has sold and made millions for Arthur Golden since 1997. This is his first novel, and it has earned him worldwide acclaim. A feature film version directed by Steven Spielberg is in the works. The book is translated into more than twenty languages. This article uses the book and the legal controversy that ensued after its publication to ask, and hopefully answer, two questions: First, is the geisha tradition as described by Golden in his fictional biography a variant of sex trafficking and sexual slavery which, despite possible cultural justifications, should be abolished by law? Second, …
Free Speech And Valuable Speech: Silence, Dante, And The 'Marketplace Of Ideas', James Boyd White
Free Speech And Valuable Speech: Silence, Dante, And The 'Marketplace Of Ideas', James Boyd White
Articles
This Essay is a slightly expanded version of the inaugural Mellinkoff Lecture in Law and Humanities, presented at the UCLA School of Law last April in honor of the memory of Professor David Mellinkoff, the distinguished author of ground-breaking work on the nature of legal language. It addresses four related questions. What is the nature of the kind of speech and expression that realizes most completely the human capacity for finding and expressing meaning? How does our own world of public speech measure up to that standard? How, indeed, does our own talk in the law measure up, especially our …
Beyond State Sovereignty: The Protection Of Cultural Heritage As A Shared Interest Of Humanity, Francesco Francioni
Beyond State Sovereignty: The Protection Of Cultural Heritage As A Shared Interest Of Humanity, Francesco Francioni
Michigan Journal of International Law
In this paper the author will try to explore the topic from a different perspective: i.e. the emergence of cultural heritage as part of the shared interest of humanity, with the consequent need for international law to safeguard it in its material and living manifestations, including the cultural communities that create, perform and maintain it. Culture in itself is not extraneous to the formation of the modern nation State. Especially in the history of nineteenth century Europe, culture as language, religion, literary and artistic traditions provided the cement and the legitimizing element to support the claim to independent statehood.