New Art For The People: Art Funds & Financial Technology,
2018
University of Kentucky College of Law
New Art For The People: Art Funds & Financial Technology, Brian L. Frye
Law Faculty Scholarly Articles
Wealthy people have invested in art since time immemorial. But the modem art market emerged only in the late nineteenth century, as private wealth gradually spread to the bourgeoisie. As the art market grew and the most desirable artworks became extremely valuable, individuals and institutions began to form "art funds" to invest in this promising new asset class. In 1904, a group of Parisian art collectors formed La Peau d'Ours, the first private art investment club. Between 1974 and 1980, the British Rail Pension Fund invested £40 million in art. And in the 2000s, many private investment companies created ...
Legalizing Federal Sports Gambling Laws: You Got To Know When To Hold’Em,
2018
University of California, Hastings College of the Law
Legalizing Federal Sports Gambling Laws: You Got To Know When To Hold’Em, Robert Shawhan
Hastings Communications and Entertainment Law Journal
This paper addresses the current federal laws that prohibits sports gambling. It argues that the introduction of a well-regulated and transparent gambling industry may serve greater protections than what is provided by the law. Politicians are sensibly acknowledging the realities of sports gambling and its benefits. The current political climate, under a Trump Presidency, is ideal for legalizing this form of gambling. Part I of this note will reflect on the most recent history of sports gambling laws. It will draw on New Jersey’s legal struggles, the sports evolution of Las Vegas, and the relevant Daily Fantasy Sports controversy ...
From Satirical To Satyrical: When Is A Joke Actionable?,
2018
University of California, Hastings College of the Law
From Satirical To Satyrical: When Is A Joke Actionable?, Sandra Davidson Scott
Hastings Communications and Entertainment Law Journal
This Article was selected from Volume 13, Number 2 of the Hastings Communications and Entertainment Law Journal. In light of President Donald Trump’s threats to change the current libel law, this Article was selected to address topics including Jerry Falwell’s unsuccessful suit against Hustler magazine, the public figure/private person distinction, commercial appropriation for name and likeness, and the opinion/fact distinction. The Article concludes that courts show more sensitivity to commercial than personal injury and fail to appreciate that satire can damage reputation by raising suspicions that statements are based on facts that are merely stretched.
Moral Rights For Musical Compositions In The United States:It’S Not Just Fair, It’S An Obligation,
2018
University of California, Hastings College of the Law
Moral Rights For Musical Compositions In The United States:It’S Not Just Fair, It’S An Obligation, Becca E. Davis
Hastings Communications and Entertainment Law Journal
This paper seeks to establish that the United States has a quasi-obligation to enact comprehensive moral rights legislation to remain compliant with the minimum protection standards set forth by the Berne Convention of 1886. In order to alleviate the anticipated economic and societal concerns stemming from this idea, this paper presents musical compositions as the initial work of authorship to receive moral rights, gradually easing the United States’ transition into full compliance with the Berne Convention. Part I of this paper will cover a brief history of music law in the United States, focusing on how the exclusive rights granted ...
"Strike Two, You're Out!" The Need For A More Stringent Drug Policy In Major League Baseball,
2018
Washington University in St. Louis
"Strike Two, You're Out!" The Need For A More Stringent Drug Policy In Major League Baseball, Zackary Kessinger
Washington University Jurisprudence Review
This Note argues that MLB should adopt a more stringent drug policy than the one currently set forth in MLB’s Joint Drug Prevention and Treatment Program for two reasons. First, the increasing prevalence of PED use among MLB players threatens baseball’s integrity. Second, professional players’ PED use may encourage aspiring young athletes to abuse PEDs, which may harm their long-term health.
The Vatican View On Sport At The Service Of Humanity,
2018
Notre Dame Law School
The Vatican View On Sport At The Service Of Humanity, Ed Edmonds
Journal Articles
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 ...
Video Review; Routine Data Sharing Practices Place Video-Streaming Providers In The Crosshairs Of The Video Privacy Protection Act,
2017
Brooklyn Law School
Video Review; Routine Data Sharing Practices Place Video-Streaming Providers In The Crosshairs Of The Video Privacy Protection Act, Jeremiah P. Ledwidge
Brooklyn Journal of Corporate, Financial & Commercial Law
The Video Privacy Protection Act of 1988 (VPPA) creates a private cause of action for any consumer whose personally identifiable information has been disclosed by a video tape service provider to a third party. The rapid growth of media companies that provide free internet-based video-streaming services, and the technologically-advanced advertising methods employed to fund this business model, have created uncertainty regarding the specific consumer segments the VPPA is designed to protect. The extensive role that third-party providers play in the collection, analysis, and segmentation of user data in the personalized advertising process raises justifiable privacy concerns for consumers. Recent VPPA ...
Copyright Infringement In Sound Recording: How Courts And Legislatures Can Get In Vogue In A Post-Ciccone World,
2017
Brooklyn Law School
Copyright Infringement In Sound Recording: How Courts And Legislatures Can Get In Vogue In A Post-Ciccone World, Kristen B. Kennedy
Journal of Law and Policy
Music sampling is a legally complex and ambiguous area, with staggeringly high costs attached for copyright infringers. The legality of sampling frequently depends upon what jurisdiction the inquiry into the sampling takes place in, and has been guided by inconsistently applied doctrines of fair use, de minimis, and copyright infringement. The Ninth Circuit’s decision in VMG Salsoul v. Ciccone has dramatically highlighted these inconsistencies. This note suggests a four-part solution to resolve the tensions in copyrightable sound recordings magnified by the recent circuit split created by VMG Salsoul v. Ciccone. It incorporates elements of de minimis and fair use ...
A Public At Risk: Personal Fitness Trainers Without A Standard Of Care,
2017
University of the Pacific
A Public At Risk: Personal Fitness Trainers Without A Standard Of Care, Margaret E. Ciccolella, J. Mark Van Ness, Tommy Boone
J. Mark VanNess
In 2002, an overweight, sedentary, and middle-aged man suffered a heart attack during his first workout with his “certified” personal trainer. During the workout, the man repeatedly asked to stop because he was experiencing fatigue, heat, thirst, breathlessness, and chest pain. The trainer responded to requests to stop and complaints of fatigue by questioning his client’s masculinity and by continuing the workout. In the lawsuit that followed (Rostai v. Neste Enterprises, 2006), the court did not have the option to consider a statutorily defined standard of care since no licensing requirements existed for those who design and/or lead ...
Mediated Images Of Violence And The First Amendment: From Video Games To The Evening News,
2017
University of Maine School of Law
Mediated Images Of Violence And The First Amendment: From Video Games To The Evening News, Clay Calvert, Robert D. Richards
Maine Law Review
In July 2004, a federal district court struck down, on First Amendment grounds, a Washington state law that restricted minors' access to video games containing “realistic or photographic-like depictions of aggressive conflict in which the player kills, injures, or otherwise causes physical harm to a human form in the game who is depicted, by dress or other recognizable symbols, as a public law enforcement officer.” The decision was anything but surprising. It followed in the footsteps of recent opinions issued by two federal appellate courts that held unconstitutional similar legislation regulating minors' access to fictional images of violence in video ...
A Public At Risk: Personal Fitness Trainers Without A Standard Of Care,
2017
University of the Pacific
A Public At Risk: Personal Fitness Trainers Without A Standard Of Care, Margaret E. Ciccolella, J. Mark Van Ness, Tommy Boone
Margaret Ciccolella
In 2002, an overweight, sedentary, and middle-aged man suffered a heart attack during his first workout with his “certified” personal trainer. During the workout, the man repeatedly asked to stop because he was experiencing fatigue, heat, thirst, breathlessness, and chest pain. The trainer responded to requests to stop and complaints of fatigue by questioning his client’s masculinity and by continuing the workout. In the lawsuit that followed (Rostai v. Neste Enterprises, 2006), the court did not have the option to consider a statutorily defined standard of care since no licensing requirements existed for those who design and/or lead ...
Usada V. Montgomery: Paving A New Path To Conviction In Olympic Doping Cases,
2017
University of Maine School of Law
Usada V. Montgomery: Paving A New Path To Conviction In Olympic Doping Cases, Paul J. Greene
Maine Law Review
In United States Anti-Doping Agency v. Montgomery, a Court of Arbitration for Sport (CAS) Tribunal found Olympic track and field gold medalist and former world record holder Tim Montgomery (Montgomery) guilty of doping. The Tribunal determined, after considering the evidence presented by the United States Anti-Doping Agency (USADA), that Montgomery had taken THG, a prohibited performance enhancing drug known in colloquial parlance as "the Clear." As punishment, Montgomery was banned from competition for two years, stripped of his on-track achievements dating back to March 200l, and ordered to repay an estimated $1 million in earnings. Montgomery is an extraordinary case ...
Sports And Entertainment Agents And Agent-Attorneys: Discourses And Conventions Concerning Crossing Jurisdictional And Professional Borders,
2017
Selected Works
Sports And Entertainment Agents And Agent-Attorneys: Discourses And Conventions Concerning Crossing Jurisdictional And Professional Borders, David S. Caudill
David S Caudill
Questions regarding the ethical obligations, pitfalls, and dilemmas facing attorneys who become sports or entertainment agents are not new. However, despite a substantial discourse on the topic, the sense persists that being both a lawyer and an agent is problematic. The applicable laws, including ethical regulations, seem to be clear, but are subject not only to law‟s usual jurisdictional variations and interpretive instability, but also to the mediation of conventions or tacit understandings that pervade the sports and entertainment industries.
Rewriting Hockey's Unwritten Rules: Moore V. Bertuzzi,
2017
University of Maine School of Law
Rewriting Hockey's Unwritten Rules: Moore V. Bertuzzi, Patrick K. Thornton
Maine Law Review
The word “enforcer” or “hockey goon” does not appear in the 2007–2008 National Hockey League (NHL) rulebook. However, every player and coach knows the meaning of those words. Hockey has always had its share of enforcers or “goons” that have protected star players. Steve Moore, former Harvard captain, and his parents have sued NHL tough-man Todd Bertuzzi, the Vancouver Canucks, and the partnership that owned the Canucks for an on-ice incident that occurred between Moore and Bertuzzi on March 8, 2004. Dedicated hockey fans have followed the lawsuit, but with the “incident” now over four years old many have ...
Conduct Detrimental: Examining The Nfl’S Collective Bargaining Agreement And The Commissioner’S Role Through A Case Study Of Deflategate,
2017
Pepperdine University
Conduct Detrimental: Examining The Nfl’S Collective Bargaining Agreement And The Commissioner’S Role Through A Case Study Of Deflategate, David Shyu
Pepperdine Dispute Resolution Law Journal
This Note will closely examine whether the NFL, specifically its Commissioner, has exceeded its authority in its handling of the recent incident involving allegations of the New England Patriots and quarterback Tom Brady’s role in deflating footballs during a crucial playoff game. The Note will look at the existing the NFL current Collective Bargaining Agreement, and trace the source of the Commissioner’s power. Then it will delve into the details of the case—including the Wells Report and investigation, the arbitration process, and the District Court opinion. The Note will analyze the District Court’s opinion in anticipation ...
Sports, Inc., Volume 10, Issue 1,
2017
Cornell University ILR School
Sports, Inc., Volume 10, Issue 1, Ilr Cornell Sports Business Society
Sports, Inc.
The ILR Cornell Sports Business Society magazine is a semester publication titled Sports, Inc. This publication serves as a space for our membership to publish and feature in-depth research and well-thought out ideas to advance the world of sport. The magazine can be found in the Office of Student Services and is distributed to alumni who come visit us on campus. Issues are reproduced here with permission of the ILR Cornell Sports Business Society.
Piracy On Peer-To-Peer File Sharing Networks: Why A Streamlined Online Dispute Resolution System Should Not Be Forgotten In The Shadow Of A Federal Small Claims Tribunal,
2017
Pepperdine University
Piracy On Peer-To-Peer File Sharing Networks: Why A Streamlined Online Dispute Resolution System Should Not Be Forgotten In The Shadow Of A Federal Small Claims Tribunal, Naomi Gemmell
Pepperdine Dispute Resolution Law Journal
This Article proposes application of an ADR system for resolving online copyright disputes related to P2P file sharing. Section II provides an overview of P2P file sharing networks and associated copyright infringement. Section III explores current approaches that fall short in resolving P2P copyright disputes, namely the Digital Millennium Copyright Act, litigation, and private agreements. Section IV examines the two primary proposed solutions to online copyright disputes: alternative dispute resolution and federal small claims. Section V recommends that a streamlined online dispute resolution system is necessary (even if a federal small claims tribunal is adopted), and concludes.
Three Chords And The Truth: Analyzing Copyright Infringement Claims Against Guitar Tablature Websites,
2017
University of Oklahoma College of Law
Three Chords And The Truth: Analyzing Copyright Infringement Claims Against Guitar Tablature Websites, Krist Caldwell
Oklahoma Journal of Law and Technology
No abstract provided.
From Student-Athletes To Employee-Athletes: Why A "Pay For Play" Model Of College Sports Would Not Necessarily Make Educational Scholarships Taxable,
2017
City University of New York
From Student-Athletes To Employee-Athletes: Why A "Pay For Play" Model Of College Sports Would Not Necessarily Make Educational Scholarships Taxable, Marc Edelman
Boston College Law Review
In recent years, numerous commentators have called for the National Collegiate Athletic Association (“NCAA”) to relax its rules prohibiting athlete pay. This movement to allow athletes to share in the revenues of college sports arises from the belief that college athletes sacrifice too much time, personal autonomy, and physical health to justify their lack of pay. It further criticizes the NCAA’s “no pay” rules for keeping the revenues derived from college sports “in the hands of a select few administrators, athletic directors, and coaches.” Nevertheless, opponents of “pay for play” contend that several problems will emerge from lifting the ...
Panel Ii: The Death Or Rebirth Of The Copyright?,
2017
Fordham University School of Law
Panel Ii: The Death Or Rebirth Of The Copyright?, Hugh C. Hansen, Diane Zimmerman, Robert Kasunic, Brett Frischmann
Brett Frischmann
No abstract provided.
