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Entertainment, Arts, and Sports Law Commons™
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Articles 121 - 150 of 154
Full-Text Articles in Entertainment, Arts, and Sports Law
Harry Potter And The Copyright Act: Have The Courts Finally Waved A Magic Wand By Defining Fair Use For Secondary Authors, Meg Reid
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Are You Not Entertained - Is This Not Why You Are Here - U.S. Taxation Of Foreign Athletes And Entertainers, Stephen Taylor
Are You Not Entertained - Is This Not Why You Are Here - U.S. Taxation Of Foreign Athletes And Entertainers, Stephen Taylor
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
One Strike And You're Out: Alcohol In The Major League Baseball Clubhouse, Steven B. Berneman
One Strike And You're Out: Alcohol In The Major League Baseball Clubhouse, Steven B. Berneman
Vanderbilt Journal of Entertainment & Technology Law
In the past decade, much has been written about Major League Baseball's (MLB) mistaken policies regarding performance-enhancing substance abuse by players. MLB executives are shortsighted, however, if they believe that steroids are the only substances being abused by players. Along with performance-enhancing drugs, professional baseball has a long-standing history of alcohol abuse. Steroids may provide better headlines--Congress has never held an investigation into alcohol abuse by professional athletes--but professional baseball faces a real danger from the unchecked liability of allowing players to overindulge at the ballpark and drive home shortly thereafter. By serving beer in the clubhouse after games, clubs …
Uneasy Lies The Head That Wears The Crown: Why Content's Kingdom Is Slipping Away, Jonathan Handel
Uneasy Lies The Head That Wears The Crown: Why Content's Kingdom Is Slipping Away, Jonathan Handel
Vanderbilt Journal of Entertainment & Technology Law
This Article examines the ongoing power struggle between the content industries (with a particular focus on Hollywood) and the technology industry. These two sectors are intertwined like never before, yet their fates seem wildly divergent, with content stumbling while distribution technology thrives.
The Article begins by illustrating that, even before the recession took hold, traditional paid content was in trouble, and that this was and is true across a range of distribution platforms and content types, including theatrical motion pictures, home video, network television, music, newspapers, books, and magazines. The Article next posits six reasons for content's discontent: supply and …
Solidifying The Defensive Line: The Nfl Network's Current Position Under Antitrust Law And How It Can Be Improved, Ethan Flatt
Solidifying The Defensive Line: The Nfl Network's Current Position Under Antitrust Law And How It Can Be Improved, Ethan Flatt
Vanderbilt Journal of Entertainment & Technology Law
In the United States, the broadcasting of professional sporting events is a multi-billion dollar industry, and the National Football League (NFL) alone earned more than $3 billion from television contracts during its 2008 season. Considering the massive revenues that broadcast rights can generate, it is no surprise that some major professional sports leagues have recently developed their own television networks. While it was not the first league-owned television network, the NFL Network has certainly generated the most attention. Since it started broadcasting a select number of NFL regular season games in 2006, the NFL Network has been subject to media …
The Magic Circle, Joshua A.T. Fairfield
The Magic Circle, Joshua A.T. Fairfield
Vanderbilt Journal of Entertainment & Technology Law
This Article examines the concept of the "magic circle," the metaphorical barrier that supposedly excludes real-world law from virtual worlds. The Article argues that this metaphor fails because there is no "real" world as distinguished from "virtual" worlds. Instead of a magic circle, this Article advocates a rule of consent: actions in a virtual world give rise to legal liability if they exceed the scope of consent given by other players within the game. The Article concludes that although real-world law cannot reasonably be excluded from virtual worlds, game gods and players can control the interface between law and virtual …
Dr. Strange-Rating Or: How I Learned That The Motion Picture Association Of America's Film Rating System Constitutes False Advertising, Jason K. Albosta
Dr. Strange-Rating Or: How I Learned That The Motion Picture Association Of America's Film Rating System Constitutes False Advertising, Jason K. Albosta
Vanderbilt Journal of Entertainment & Technology Law
The Motion Picture Association of America (MPAA), a trade association whose members include film production studios, distributors, and theater chains, administers the most popular system for rating the content contained in the vast majority of publicly exhibited motion pictures in the United States. The stated goal of the rating scheme is to caution parents about any objectionable content that a film contains in order to allow them to make informed decisions about which films they will allow their children to see. While the rating scheme has undergone several changes since its establishment to further its stated goal, a fundamental conflict …
Team Physicians: Adhering To The Hippocratic Oath Or Just Plain Hypocrites? , Andrew D. Hohenstein
Team Physicians: Adhering To The Hippocratic Oath Or Just Plain Hypocrites? , Andrew D. Hohenstein
Marquette Sports Law Review
No abstract provided.
2008 Annual Survey: Recent Developments In Sports Law, Kaitlyn Anne Wild
2008 Annual Survey: Recent Developments In Sports Law, Kaitlyn Anne Wild
Marquette Sports Law Review
No abstract provided.
A Most Interesting Part Of Baseball's Monetary Structure - Salary Arbitration In Its Thirty-Fifth Year, Ed Edmonds
A Most Interesting Part Of Baseball's Monetary Structure - Salary Arbitration In Its Thirty-Fifth Year, Ed Edmonds
Marquette Sports Law Review
No abstract provided.
"Mixed Metaphors," Revisionist History And Post-Hypnotic Suggestions On The Interpretation Of Sports Antitrust Exemptions: The Second Circuit's Use In Clarett Of A Piazza-Like "Innovative Reinterpretation Of Supreme Court Dogma", Walter T. Champion, Jr.
Marquette Sports Law Review
No abstract provided.
Where Is The Privacy In Wada's "Whereabouts" Rule? , James Halt
Where Is The Privacy In Wada's "Whereabouts" Rule? , James Halt
Marquette Sports Law Review
No abstract provided.
Response To Michael Sandel, Stephen F. Smith
Response To Michael Sandel, Stephen F. Smith
Journal Articles
Professor Michael J. Sandel has treated us to an elegant argument against efforts by athletes to use medicine to "enhance" their bodies or by parents, in effect, to genetically engineer their children. I cannot agree with him more that "playing God" (my phrase, not his) in these ways is fundamentally an exercise in hubris, a rejection of the gifts that we have been given. I cannot improve on Professor Sandel's presentation of his argument. Unlike some Supreme Court Justices, I know that I am not a philosopher. Having said that, one of the joys of being a law professor is …
Nonprofits And Narrative: Piers Plowman, Anthony Trollope, And Charities Law, Jill R. Horwitz
Nonprofits And Narrative: Piers Plowman, Anthony Trollope, And Charities Law, Jill R. Horwitz
Articles
What are the narrative possibilities for understanding nonprofit law? Given the porous barriers between nonprofit law and the literature about it, there are many. Here I consider two. First, nonprofit law and nonprofit literature are each enriched and made fully explicable by reference to the other. Nonprofit law has grown in parallel with literature. It may even be that important legal texts, texts about doing and being good, were imported directly from literary sources into law. Second, in writings ranging from sensational journalism to high literature, nonprofit laws and the scandals involving their violations have captured the public imagination for …
Is It Cheating To Use Cheetahs?: The Implications Of Technologically Innovative Prostheses For Sports Values And Rules, Patricia J. Zettler
Is It Cheating To Use Cheetahs?: The Implications Of Technologically Innovative Prostheses For Sports Values And Rules, Patricia J. Zettler
Faculty Publications By Year
This Article uses the case of Oscar Pistorius – the South African runner and amputee who competed with blade-like, lower-leg prostheses – to analyze how the International Association of Athletic Federations (IAAF), the world governing body of track and field, should regulate elite athletes’ use of innovative prostheses. The Article argues that the Court of Arbitration of Sport correctly decided that Pistorius should be permitted to compete in able-bodied competitions, but that the IAAF rule on which the decision was based failed to account for the full range of sports values implicated by the use innovative prostheses. The Article proposes …
Calculating The Expected Earnings Of A Major League Pitcher, Roger Abrams
Calculating The Expected Earnings Of A Major League Pitcher, Roger Abrams
Roger I. Abrams
Steve Bechler, a pitcher in the Major Leagues, died as a result of ingesting a defective weight-loss product in spring training. His wife and daughter filed suit against the pharmaceutical company. Bechler had only pitched a few games in the Major Leagues, but was slotted as a starting pitcher for the Baltimore Orioles for the 2003 campaign. How do you calculate what Bechler would have earned in his Major League career? In this article, Professor Roger Abrams uses the techniques of baseball salary arbitration and publicly available salary and performance data to calculate the loss. He first constructs a group …
Off-Court Misbehavior: Sports Leagues And Private Punishment, Janine Young Kim, Matthew J. Parlow
Off-Court Misbehavior: Sports Leagues And Private Punishment, Janine Young Kim, Matthew J. Parlow
Janine Kim
The “Spiritual Temperature” Of Contemporary Popular Music: An Alternative To The Legal Regulation Of Death-Metal And Gangsta-Rap Lyrics, Tracy Reilly
Tracy Reilly
Internet Killed The Copyright Law: Perfect 10 V. Google And The Devastating Impact On The Exclusiive Right To Display, Deborah B. Morse
Internet Killed The Copyright Law: Perfect 10 V. Google And The Devastating Impact On The Exclusiive Right To Display, Deborah B. Morse
Deborah Brightman Morse
Never has the dissonance between copyright and innovation been so extreme. The Internet provides enormous economic growth due to the strength of e-commerce, and affords an avenue for creativity and the wide dissemination of information. Nevertheless, the Internet has become a plague on copyright law. The advent of the digital medium has made the unlawful reproduction, distribution, and display of copyrighted works essentially effortless. The law has been unable to keep pace with the rapid advance of technology. For the past decade, Congress has been actively attempting to draft comprehensible legislation in an effort to afford copyright owners more protection …
Opportunism, Uncertainty, And Relational Contracting - Antitrust Rules In The Film Industry, Ryan M. Riegg
Opportunism, Uncertainty, And Relational Contracting - Antitrust Rules In The Film Industry, Ryan M. Riegg
Ryan M. Riegg
Conversations With The Law: Irony, Hyperbole, And Identity Politics Or Sake Pase? Wyclef Jean, Shottas, And Haitian Jack: A Hip-Hop Creole Fusion Of Rhetorical Resistance To The Law, Nick J. Sciullo
Nick J. Sciullo
This article sets out to prove why the law must be investigated in an interdisciplinary fashion which invites an in-tersection between law, popular culture, and identity politics. First, this article describes how Wyclef Jean, a hip-hop artist, is an active voice of legal criticism and why his criticism is important to a larger discussion of the law. Second, this paper develops a conception of Creole/Haitian legal studies and its importance as an analytical lens through which to perceive the law and legal institutions. Third, this piece formulates a rhetorical criticism n4 of the law through the rhe-torical terrain of Wyclef's …
Simply A Dress Rehearsal? U.S. Olympic Sports Arbitration And De Novo Review At The Court Of Arbitration For Sport, Maureen A. Weston Prof.
Simply A Dress Rehearsal? U.S. Olympic Sports Arbitration And De Novo Review At The Court Of Arbitration For Sport, Maureen A. Weston Prof.
Maureen A Weston
This article discusses issues that can arise when American atheletes attempt to deal with the web of national and international dispute resolution procedures and the emerging lex sportiva, which govern international sports. Specifically, it examines the reasons why the American court system cannot assist American athletes who submit to international sports dispute resolution procedures. Congress has designated the United States Olympic Committee (USOC) as the domestic organization that handles disputes involving Olympic-eligible American athletes. If the USOC declares an athlete ineligible or hands down some other sanction, the case can be submitted to the American Arbitration Association (AAA), the tribunal …
Collective Bargaining As A Dispute-Reduction Vehicle Accommodating Contrary Animal Welfare Agendas, Michael N. Widener
Collective Bargaining As A Dispute-Reduction Vehicle Accommodating Contrary Animal Welfare Agendas, Michael N. Widener
Michael N. Widener
Animal activists and animal enterprise managers share little common ground debating science and values. Activists are frustrated with the pace of improvements in animal welfare. Enterprise managers tire of activists’ increasingly threatening, urban-guerilla tactics. Meanwhile, legislation is ineffective to bring meaningful improvements to animal treatment or to stop activist civil disobedience-driven acts of property damage and public vilification of perceived animal “enemies.” Lawsuits filed to sanction a camp’s behavior tax patience and resources on both sides. Violence against persons appears imminent between the factions. This essay advocates implementing collective bargaining processes along certain animal enterprise sector lines to engage enterprise …
Hold Your Fire: The Injustice Of Ncaa Sanctions On Innocent Student Athletes, Dylan O. Malagrino
Hold Your Fire: The Injustice Of Ncaa Sanctions On Innocent Student Athletes, Dylan O. Malagrino
Dylan Malagrinò
Politeia And Arete. Archeology Of Senses And Hellenic Legacy, Paulo Ferreira Da Cunha
Politeia And Arete. Archeology Of Senses And Hellenic Legacy, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
The idea of the Republic and its value is again the order of the day, not only due to Neorepublican theorists, but also because of many current debates, such as multiculturalism, the laicity of states and societies, transparency and corruption, etc. Along with Republican constitutional rules, principles and values, some proclaimed during the French Revolution (such as Liberté, Égalité, Fraternité), the debate shows the importance of an even deeper question: the importance of virtues, and the Greek legacy of Republican virtues. In this paper, among other points, we remember Pericles’ funereal speech in Thucydides’ History of Peloponnesian War, and some …
Hermenêutica Constitucional Entre Savigny E O Neoconstitucionalismo, Paulo Ferreira Da Cunha
Hermenêutica Constitucional Entre Savigny E O Neoconstitucionalismo, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Apontar para os novos rumos jurisfilóficos mas também práticos do Neoconstitucionalismo contrastando as suas aportações hermenêuticas com o legado de Savigny nesta matéria.
Neoconstitucionalismo: De Espectro A Realidade, Paulo Ferreira Da Cunha
Neoconstitucionalismo: De Espectro A Realidade, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Prefácio da obra "Neoconstituionalismo", chamando a atenção para o papel desta nova perspectiva, novo paradigma da juridicidade, chamado a reforçar a centralidade do Direito Constitucional no mundo jurídico, e a desempenhar um papel de relevo no plano hermenêutico e da superação (?) de algumas querelas jurisfilosóficas.
Imagining Territories: Space, Place, And The Anticity, Jonathan Yovel
Imagining Territories: Space, Place, And The Anticity, Jonathan Yovel
Jonathan Yovel
This essay explores the concept of "Territory" in some of its cultural forms, as well as looks into cultural and linguistic conditions for territories-talk. Initially, it engages territory as a pre-political representation and explores its formal relation to space and to place. It defines territory as the paradigmatic non-place and contrasts it with the concept of the city (in fact, an anticity), especially as reflected in renaissance and early modern art/architecture, with examples from Schedel, Bellini, Breugel and others, as well as from contemporary graphic works (Moebius, Qual, Nowak).
Moving from the cultural to the political, territories are then explored …
Gambling And Collegiate Athletics, Adam Epstein, Bridget Niland
Gambling And Collegiate Athletics, Adam Epstein, Bridget Niland
Adam Epstein
The article discusses concerns involving intercollegiate sports gambling. It explores the National Collegiate Athletic Association (NCAA) rules known as Bylaws. The article also outlines and explores a history of notable college sports gambling incidents involving individuals and NCAA schools. The article also reviews relevant federal and state laws.
Sports Agent Litigation And The Regulatory Environment, Adam Epstein
Sports Agent Litigation And The Regulatory Environment, Adam Epstein
Adam Epstein
Some of the more important civil and criminal cases involving the litigious history of the sports agent business are discussed. The article provides the fundamentals of the regulatory environment in which sports agents (many of whom are lawyers) operate. While discussion of sports agency is not novel, the collection of major cases coupled with the current state of the regulatory/business environment provides the reader with a solid basis for future consideration or research. The appropriate state and federal laws are explored in detail. The role that the National Collegiate Athletic Association (NCAA) plays in “regulating” sports agents is also discussed.