An Entertainment Lawyer From Coast To Coast,
2018
Golden Gate University School of Law
An Entertainment Lawyer From Coast To Coast, Tony Berman
Golden Gate University Law Review
Telephone Interview of Tony Berman by George Emmons, Executive Articles Editor, Golden Gate University Law Review, in San Francisco, Cal. (Nov. 29, 2017).
Harmonizing The Tension Between The First Amendment And Publicity Rights And Finding The Right Balance: Discerning How Much Freedom Is Warranted And What Needs Protection,
2018
University of Cincinnati
Harmonizing The Tension Between The First Amendment And Publicity Rights And Finding The Right Balance: Discerning How Much Freedom Is Warranted And What Needs Protection, William Buchsbaum
The University of Cincinnati Intellectual Property and Computer Law Journal
This paper examines the tension between the First Amendment and Publicity Rights considering why and how friction is emerging, the legal underpinnings and theories behind the development of publicity rights and how to reconcile this with values raised in support of the First Amendment. This collision course of rights occurs where property interests have vested in human identity itself which brings us face to face with the outer limits of free speech and expression under the First Amendment and evens tests the notion of how we define speech. The paper takes a dive into some of the currently arising issues ...
A 2016 Copa America Bump For Major League Soccer? Strengthening The Case For Legal Action Arising From The Corrupted 2022 World Cup Bid,
2018
College of William & Mary Law School
A 2016 Copa America Bump For Major League Soccer? Strengthening The Case For Legal Action Arising From The Corrupted 2022 World Cup Bid, Jeff Todd, R. Todd Jewell
William & Mary Business Law Review
Governmental and private investigations have generated evidence of corruption in the bidding process to host the 2022 FIFA World Cup, which went to Qatar rather than the United States. One economic study has shown an increase in professional soccer attendance in European countries that host the World Cup and the European Championships. Accordingly, Major League Soccer and its investor-operators could pursue tort and unfair competition claims to argue that denial of a 2022 World Cup USA will result in lowered attendance, and thus lost profits and diminished business value. Key differences in American and European soccer leagues and sports markets ...
Clear Statement Rules And The Integrity Of Labor Arbitration,
2018
Penn State Law
Clear Statement Rules And The Integrity Of Labor Arbitration, Stephen Ross, Roy Eisenhardt
Arbitration Law Review
Under the common law, employment contracts are submitted to civil courts to resolve disputes over interpretation, breach, and remedies. As an alternative, parties in collective bargaining agreements, can agree to dispute resolution by an independent arbitrator, whose decision is reviewed deferentially by judges. Where employees or members of an association are governed by its internal rules, in contrast, they often agree contractually to submit internal disputes to an association officer or committee. In this circumstance, the common law governing private associations affords judicial review that is more limited than a civil dispute, but more searching than is the case for ...
Gratuitous Promises: Overseeing Athletic Organizations And The Duty To Care,
2018
Villanova University Charles Widger School of Law
Gratuitous Promises: Overseeing Athletic Organizations And The Duty To Care, Sam C. Ehrlich
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Speak Your Mind And Ride The Pine: Examining The Constitutionality Of University-Imposed Social Media Bans On Student-Athletes,
2018
Villanova University Charles Widger School of Law
Speak Your Mind And Ride The Pine: Examining The Constitutionality Of University-Imposed Social Media Bans On Student-Athletes, John Ryan Behrmann
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
From The Sidelines To The Couch: A Look Into The Impact Professional Sports Team Relocations Have On Season Ticket Holders And Psl Owners,
2018
Villanova University Charles Widger School of Law
From The Sidelines To The Couch: A Look Into The Impact Professional Sports Team Relocations Have On Season Ticket Holders And Psl Owners, David Hollander
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
What Is A Spoke And What Is A Wheel? Elucidating Concepts And Taxonomies In Sex Trafficking Amidst Criticisms Of The Nfl And The Super Bowl,
2018
Villanova University Charles Widger School of Law
What Is A Spoke And What Is A Wheel? Elucidating Concepts And Taxonomies In Sex Trafficking Amidst Criticisms Of The Nfl And The Super Bowl, Samuel Park
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Art In The Shadow Of The Law,
2018
University of Kentucky College of Law
Art In The Shadow Of The Law, Brian L. Frye
Law Faculty Popular Media
While precious little law is specific to art, a rich and complex body of social norms and customs effectively governs artworld transactions and informs the resolution of artworld disputes. In any case, a smattering of scholars study art law and a similar number of lawyers practice it. In this essay, I will provide a brief overview of art law from three different perspectives: the artist, the art market, and the art museum.
Picture Imperfect: Attempted Regulation Of The Art Market,
2018
Selected Works
Picture Imperfect: Attempted Regulation Of The Art Market, Patty Gerstenblith
Patty Gerstenblith
No abstract provided.
Is The Die Cast? Indian Casino Gambling In Maine,
2018
University of Maine School of Law
Is The Die Cast? Indian Casino Gambling In Maine, Sharon M. Wheeler
Maine Law Review
Gambling is the fastest-growing industry in America, earning profits of $45 billion each year. Although gambling on Indian reservations is a $6 billion business, the perception of Indian wealth from gambling revenues is far from reality. Gambling operations provide economic support for only one percent of Indians. Yet, for those who have reaped the high rewards, Indian gambling has become a staple of modern tribal economics. Complex legal issues surround Indian gambling, making it an important and often contentious part of many tribal-state relationships. Maine law prohibits many gambling activities. The Legislature, however, has carved out an exception for federally ...
Whitewashing Expression: Using Copyright Law To Protect Racial Identity In Casting,
2018
Northwestern Pritzker School of Law
Whitewashing Expression: Using Copyright Law To Protect Racial Identity In Casting, Brandon Johnson
Northwestern University Law Review
Porchlight Music Theatre, a non-equity theatre company in Chicago, decided to capitalize on the popularity of Lin-Manuel Miranda’s smash hit Hamilton by producing one of Miranda’s earlier works, In the Heights. This earlier work tells the story of a predominantly Latinx community in New York’s Washington Heights neighborhood. Porchlight’s production, however, received significant negative attention when it was revealed that the lead character—Usnavi, an immigrant from the Dominican Republic—would be played by a white actor. While casting white actors in nonwhite roles is nothing new and has been a persistent (and persistently criticized) practice ...
Tik Tok: Time To Eradicate Sexual Assault In The Music Industry Through The Implied Covenant Of Good Faith And Fair Dealing,
2018
DePaul University
Tik Tok: Time To Eradicate Sexual Assault In The Music Industry Through The Implied Covenant Of Good Faith And Fair Dealing, Chanel Chasanov
DePaul Journal of Women, Gender and the Law
No abstract provided.
The Vatican View On Sport At The Service Of Humanity,
2018
University of Notre Dame
The Vatican View On Sport At The Service Of Humanity, Ed Edmonds
Notre Dame Journal of International & Comparative Law
Participation in sport, particularly the opportunity for children to enjoy and learn through play, is a human right and strongly supported by the goals of Catholic social teaching and the efforts of the Olympic Movement and the United Nations. On October 5-6, 2016, the Vatican held the Sport at the Service of Humanity Conference, the first global conference on sport and faith, an initiative promoted by Pope Francis and supported by the International Olympic Committee and the United Nations. This essay focuses on the conference, its vision and goals, and a challenge to use sport to advance human development and ...
Fairness At A Price: Protecting The Integrity Of Athletic Competitions At The Expense Of Female Athletes,
2018
University of Notre Dame
Fairness At A Price: Protecting The Integrity Of Athletic Competitions At The Expense Of Female Athletes, Annie Bach Yen Nguyen
Notre Dame Journal of International & Comparative Law
Ever since women were allowed to compete in the Olympics, they have been subjected to some form of gender verification. Initially, the International Olympic Committee (IOC) and International Amateur Athletic Federation (IAAF) required female athletes to present certificates from their doctors confirming that they were in fact women. In 1966, the IOC and the IAAF “decided they couldn’t trust individual nations to certify femininity, and instead implemented a mandatory genital check of every woman competing at international games.” This process was dubbed the “nude parades”. In response to the overwhelming disapproval of such examination, the IOC and IAAF began ...
Who Determines What Is Egregious? Judge Or Jury: Enhanced Damages After Halo V. Pulse,
2018
Georgia State University College of Law
Who Determines What Is Egregious? Judge Or Jury: Enhanced Damages After Halo V. Pulse, Brandon M. Reed
Georgia State University Law Review
Enhanced damages in patent law are a type of punitive damage that can be awarded in the case of “egregious misconduct” during the course of patent infringement. Authorization for enhanced damages comes from 35 U.S.C. § 284, which allows the district court to increase total damages up to three times the amount of actual damages found by the jury. It is well understood that, since enhanced damages are punitive in nature, enhancement should only be considered for cases of “wanton” or “deliberate” infringement. However, determining what constitutes this “egregious” misconduct has vastly transformed over time to include a negligence ...
Amateur Vs. Professional In Cold War Hockey: A Consideration Of Relative Skill Levels And Their Implications For Professional Hockey Today,
2018
University of Notre Dame
Amateur Vs. Professional In Cold War Hockey: A Consideration Of Relative Skill Levels And Their Implications For Professional Hockey Today, John Soares
Notre Dame Journal of International & Comparative Law
Americans who follow sports often consider amateur sport inferior, by definition, to the skill level of professionals. This article argues that during the 1970s and 1980s, new competitions between amateur (mainly Soviet and Czechoslovakian) and professional (mostly Canadian and American) hockey teams demonstrated that the amateur game could be as skilled –or even more so – than the professional counterpart. The article considers the problematic nature of “amateurism,” international rules changes that made possible the new amateur-vs.-professional competitions, and the results of some of these Cold War confrontations. It concludes with consideration of the relative merits of styles of play ...
Forced Evictions, Homelessness, And Destruction: Summer "Games"? Olympic Violations Of The Right To Adequate Housing In Rio De Janeiro,
2018
Cornell University
Forced Evictions, Homelessness, And Destruction: Summer "Games"? Olympic Violations Of The Right To Adequate Housing In Rio De Janeiro, Leigha C. Crout
Notre Dame Journal of International & Comparative Law
This article details the violations of the right to housing that took place in preparation for the 2016 Summer Olympics held in Rio de Janeiro, Brazil. Analyzed under the international, regional, and domestic instruments that enumerate this guarantee, including the International Covenant on Economic, Social, and Cultural Rights, the Charter and the Declaration of the Rights and Duties of the Organization of American States, and the Constitution of Brazil, the aim of this work is to draw attention to the systematic deprivation of one of the most central human rights in the name of the Games.
Regulating The Ncaa: Making The Calls Under The Sherman Antitrust Act And Title Ix,
2018
University of Maine School of Law
Regulating The Ncaa: Making The Calls Under The Sherman Antitrust Act And Title Ix, Stephanie M. Greene
Maine Law Review
The National Collegiate Athletic Association (NCAA) is a powerful force in shaping the intercollegiate athletic programs of some 1200 public and private colleges. Courts have recognized the NCAA as an entity that serves the important and admirable functions of maintaining the amateur status of intercollegiate athletics and the integrity of the educational process for the student-athlete, while providing a fair and equitable competitive environment. Most of the NCAA's rules and regulations are promulgated to promote and maintain these goals. Nevertheless, both student-athletes and coaches have challenged NCAA rules in the courts, claiming that certain rules discriminate on the basis ...
Playing A Man Down: Professional Sports And Stadium Finance—How Leagues And Franchises Extract Favorable Terms From American Cities,
2018
Boston College Law School
Playing A Man Down: Professional Sports And Stadium Finance—How Leagues And Franchises Extract Favorable Terms From American Cities, Nicholas Baker
Boston College Law Review
In an era of unprecedented profitability, expansion, and popularity of American professional sports leagues, it seems outrageous that cities and municipalities across the United States would continue to subsidize the funding of new stadiums for wealthy sports franchises. Yet despite the economic obstacles facing many of these cities and municipalities, the gratuitous public funding of stadiums across the United States persists. This reality stems from the extraordinary bargaining power that professional sports franchises maintain over the cities in which they are located. Indeed, threating to relocate a franchise brings forth a litany of cities that are ready and willing to ...
