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Seeking Rights, Not Rent: How Litigation Finance Can Help Break Music Copyright's Precedent Gridlock, Glenn E. Chappell 2017 Duke Law

Seeking Rights, Not Rent: How Litigation Finance Can Help Break Music Copyright's Precedent Gridlock, Glenn E. Chappell

Duke Law & Technology Review

Since its inception, litigation finance has steadily grown in prevalence and popularity in the United States. While many scholars have examined its merits, few have considered litigation finance specifically in the context of copyright law. This is most unfortunate, for there, a vicious cycle has taken hold: high litigation costs discourage many market participants from taking cases to trial or summary judgment in order to vindicate their legal rights, even when they have strong cases. Thus, parties settle almost every case, which in turn prevents resolution of longstanding precedential questions in critical areas of copyright law. The legal uncertainty resulting ...


If You Build It, Will They Come? How Baseball’S Antitrust Exemption Impacts Franchise Relocation, Christopher O'Shea 2017 DePaul University

If You Build It, Will They Come? How Baseball’S Antitrust Exemption Impacts Franchise Relocation, Christopher O'Shea

DePaul Journal of Sports Law

No abstract provided.


Collegiate Athletes As Employees: An Analysis Of The Northwestern Football Challenge And Its Relation To The Columbia Nlrb Ruling, Jared Fattore 2017 DePaul University

Collegiate Athletes As Employees: An Analysis Of The Northwestern Football Challenge And Its Relation To The Columbia Nlrb Ruling, Jared Fattore

DePaul Journal of Sports Law

No abstract provided.


The Gray Problem: Should Athletes Be Punished For Their Social Media Posts?, Garry A. Gabison 2017 DePaul University

The Gray Problem: Should Athletes Be Punished For Their Social Media Posts?, Garry A. Gabison

DePaul Journal of Sports Law

No abstract provided.


Whatever Happened To The International Convention Against Doping In Sport: The United States Ratified It, But Then What?, Genevieve F.E. Birren Esq., Dr. Robyn Lubisco 2017 DePaul University

Whatever Happened To The International Convention Against Doping In Sport: The United States Ratified It, But Then What?, Genevieve F.E. Birren Esq., Dr. Robyn Lubisco

DePaul Journal of Sports Law

No abstract provided.


Table Of Contents, 2017 DePaul University

Table Of Contents

DePaul Journal of Sports Law

No abstract provided.


A Long-Awaited Reboot: The Fifa Scandal And Its Repercussions For Football’S Governing Body, Matthew B. DiCenso 2017 Boston College Law School

A Long-Awaited Reboot: The Fifa Scandal And Its Repercussions For Football’S Governing Body, Matthew B. Dicenso

Boston College International and Comparative Law Review

On May 21, 2015, Swiss authorities raided the annual congressional meeting of the Fédération Internationale de Football Association, ultimately arresting seven FIFA executives on charges of corruption. The product of a three-year Federal Bureau of Investigation case, the Swiss raid and accompanying Department of Justice indictment was the first step in addressing what authorities describe as enduring and systemic corruption within football’s governing body. In addition to casting a shadow over the world’s most beloved sport, the FIFA scandal highlighted the international organization’s lack of accountability and, most notably, its dire need for change. Although the February ...


“Hurdling” Gender Identity Discrimination: The Implications Of State Participation Policies On Transgender Youth Athletes’ Ability To Thrive, Kayla L. Acklin 2017 Boston College Law School

“Hurdling” Gender Identity Discrimination: The Implications Of State Participation Policies On Transgender Youth Athletes’ Ability To Thrive, Kayla L. Acklin

Boston College Journal of Law & Social Justice

The number of students, in grades kindergarten through high school, who identify as transgender has steadily increased during the last decade. These students seek the same opportunities as their cisgender peers, but are often denied participation in athletic activities because of their non-conforming gender-behavior. Currently, there is no federal law governing transgender participation in sports, which has resulted in an inconsistency among state athletic associations’ participation policies; the vast majority of states restricts participation. These states are limiting transgender students’ ability to receive the benefits that sports provide. To solve this inconsistency and provide equal opportunity for transgender students, this ...


Internet Killed The Radio Star: Preventing Digital Broadcasters From Exploiting The Radio Music License Committee Rate To The Detriment Of Songwriters, Alexander Reed Speer 2017 University of Georgia School of Law

Internet Killed The Radio Star: Preventing Digital Broadcasters From Exploiting The Radio Music License Committee Rate To The Detriment Of Songwriters, Alexander Reed Speer

Journal of Intellectual Property Law

No abstract provided.


The House Advantage: How The Professional And Amateur Sports Protection Act Undermines Concepts Of Federalism, And Severely Impacts New Jersey's Gambling-Feuled Economy, Anthony D'Alessandro 2017 Seton Hall University School of Law

The House Advantage: How The Professional And Amateur Sports Protection Act Undermines Concepts Of Federalism, And Severely Impacts New Jersey's Gambling-Feuled Economy, Anthony D'Alessandro

Seton Hall Circuit Review

No abstract provided.


The Puzzle Of Deflategate: Private Agreements And The Possibility Of Biased Justice, Alfred C. Yen 2017 Boston College Law School

The Puzzle Of Deflategate: Private Agreements And The Possibility Of Biased Justice, Alfred C. Yen

Boston College Law School Faculty Papers

In this Article, I study the implications of National Football League Management Council v. National Football League Players Association, the recent decision in which the United States Court of Appeals for the Second Circuit dealt New England Patriots star quarterback Tom Brady a stinging defeat in his so-called "Deflategate" case against the National Football League ("NFL"). I do so because, although most of the court's opinion follows well-established doctrine, a crucial portion of decision quickly glosses over important unanswered questions about federal arbitration law and the enforceability of pre-dispute arbitration agreements that contemplate the appointment of an evidently partial ...


Daily Fantasy Sports Go “All In”: The Demise Of American Morals?, James Schwabe 2017 Notre Dame Law School

Daily Fantasy Sports Go “All In”: The Demise Of American Morals?, James Schwabe

Notre Dame Journal of International & Comparative Law

The future of Daily Fantasy Sports throughout the United States remains uncertain. Although there have been numerous attempts to double down on the spread of gambling, the growing attraction to gamble has not been suppressed. With the recent proposed legislation and litigation over the legality of Daily Fantasy Sports, a new debate has emerged that implicates America’s desire to protect its “public morals.” Part I of this Note will discuss the intricacies of Daily Fantasy Sports and the allegations against FanDuel and DraftKings as of February 2016. Part II will analyze the current legal framework surrounding global internet gambling ...


Show Me The Money: Determining A Celebrity’S Fair Market Value In A Right Of Publicity Action, Cody Reaves 2017 University of Michigan Law School

Show Me The Money: Determining A Celebrity’S Fair Market Value In A Right Of Publicity Action, Cody Reaves

University of Michigan Journal of Law Reform

As the power of celebrity continues to grow in the age of social media, so too does the price of using a celebrity’s name and likeness to promote a product. With the newfound ease of using Twitter, Facebook, and even print media to use a celebrity’s identity in conjunction with a product or company, right of publicity concerns arise. When a company uses a celebrity’s name and likeness without the celebrity’s authorization to market or sell a product, companies open themselves up to right of publicity suits. Many of these cases settle out of court. But ...


Are They Pirates Or Pioneers?, Ashley Song 2017 University of Pennsylvania (2012)

Are They Pirates Or Pioneers?, Ashley Song

Hyein Ashley Song Ms.

Korea has the perceptive corruption level lower than the Western countries and shares the common appetite for the cultural products with the Japanese, often regarding Japanese more noble or superior and Westerns even more. Based on this sentiment, the ‘license musicals’ which have been bilaterally purchased from the West are popularly consumed in Korea. The paper calls this is not the cultural business, but the “self-confined cripples’ money party based on the informational deceptions.” The Korean licensee who has fueled the staggering production in the US transforms to the businessmen, caster, and producer in Korea . The licensed dramatico-musical transforms to ...


Secondary Break: Dealing With Aids In Professional Sports After The Initial Response To Magic Johnson, Tracey E. George 2017 Selected Works

Secondary Break: Dealing With Aids In Professional Sports After The Initial Response To Magic Johnson, Tracey E. George

Tracey George

No abstract provided.


Exploring The Commercialized Arms Race Metaphor, Alfred Mathewson 2017 Selected Works

Exploring The Commercialized Arms Race Metaphor, Alfred Mathewson

Alfred Mathewson

Reversing Field invites students, professionals, and enthusiasts of sport – whether law, management and marketing, or the game itself – to explore the legal issues and regulations surrounding collegiate and professional athletics in the United States. This theoretical and methodological interrogation of sports law openly addresses race, labor, gender, and the commercialization of sports, while offering solutions to the disruptions that threaten its very foundation during an era of increased media scrutiny and consumerism. In over thirty chapters, academics, practitioners, and critics vigorously confront and debate matters such as the Arms Race, gender bias, racism, the Rooney Rule, and steroid use, offering ...


What's In A Name: Cable Systems, Filmon, And Judicial Consideration Of The Applicability Of The Copyright Act's Compulsory License To Online Broadcasters Of Cable Content, Kathryn M. Boyd 2017 Duke Law

What's In A Name: Cable Systems, Filmon, And Judicial Consideration Of The Applicability Of The Copyright Act's Compulsory License To Online Broadcasters Of Cable Content, Kathryn M. Boyd

Duke Law & Technology Review

The way we consume media today is vastly different from the way media was consumed in 1976, when the Copyright Act created the compulsory license for cable systems. The compulsory license allowed cable systems, as defined by the Copyright Act, to pay a set fee for the right to air television programming rather than working out individual deals with each group that owned the copyright in the programming, and helped make television more widely accessible to the viewing public. FilmOn, a company that uses a mini-antenna system to capture and retransmit broadcast network signals, is now seeking access to the ...


Get Your Own Street Cred: An Argument For Trademark Protection For Street Art, Danielle Crinnion 2017 Boston College Law School

Get Your Own Street Cred: An Argument For Trademark Protection For Street Art, Danielle Crinnion

Boston College Law Review

Street art is visual art created in public spaces, many times at the behest of the communities in which the work is created. It is a derivative of graffiti, which is the illicit marking of public locations, usually on buildings or train cars. Retailers’ appropriation of street art and graffiti is becoming commonplace, causing confusion in the market. As a result, street artists have filed an increasing number of copyright and trademark infringement lawsuits to protect their intellectual property rights. There is a debate regarding whether these artists are entitled to trademark protection given the expressive nature of their marks ...


Clear Statement Rules And The Integrity Of Labor Arbitration, Stephen F. Ross, Roy Eisenhardt 2017 Penn State Law

Clear Statement Rules And The Integrity Of Labor Arbitration, Stephen F. Ross, Roy Eisenhardt

Journal Articles

Under the common law, employment contracts are submitted to civil courts to resolve disputes over interpretation, breach, and remedies. As an alternative, parties in labor contexts can agree to resolution by an impartial arbitrator, whose decision is reviewed deferentially by judges. Where employees are subject to rules of a private association, they are often contractually obligated to submit their claims to an internal association officer or committee; the common law provides for judicial review more limited than a civil contract but more searching than is the case for an impartial labor arbitrator. Recently, the National Football League and its players ...


Superstition, Skill, Or Cheating? How Casinos And Regulators Can Combat Edge Sorting, Jordan Scot Flynn Hollander 2017 Villanova University Charles Widger School of Law

Superstition, Skill, Or Cheating? How Casinos And Regulators Can Combat Edge Sorting, Jordan Scot Flynn Hollander

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


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