Restoring Rogers: Video Games, False Association Claims, And The “Explicitly Misleading” Use Of Trademarks, 16 J. Marshall Rev. Intell. Prop. L. 306 (2017),
2017
John Marshall Law School
Restoring Rogers: Video Games, False Association Claims, And The “Explicitly Misleading” Use Of Trademarks, 16 J. Marshall Rev. Intell. Prop. L. 306 (2017), William K. Ford
William K. Ford
Courts have long struggled with how to balance false association claims brought under the Lanham Act with the protections for speech under the First Amendment. The leading approach is the Rogers test, but this test comes in multiple forms with varying degrees of protection for speech. A substantial portion of the litigation raising this issue now involves video games, a medium that more so than others, likely needs the benefit of a clear rule that protects speech. The original version of the test is the simplest and the one most protective of speech. In 2013, the Ninth Circuit endorsed the ...
Diamond Justice—Teaching Baseball And The Law,
2017
Notre Dame Law School
Diamond Justice—Teaching Baseball And The Law, Edmund P. Edmonds
Edmund P. Edmonds
Authors Louis H. Schiff and Robert M. Jarvis set out to fill a void in the vast array of legal teaching materials by creating Baseball and the Law: Cases and Materials, the first casebook to concentrate on “The National Pastime.” Their goal was to create a casebook that would propel the expansion of teaching law and baseball courses in law schools. By pulling together appropriate cases and primary reading material with detailed and carefully crafted notes, the authors have admirably completed this task with over 1000 pages of text to allow faculty and students in the legal academy a resource ...
If You Build It, Will They Come? How Baseball’S Antitrust Exemption Impacts Franchise Relocation,
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,
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?,
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?,
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
A Long-Awaited Reboot: The Fifa Scandal And Its Repercussions For Football’S Governing Body,
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,
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 ...
Ecological Economics And Sport Stadium Public Financing,
2017
College of William & Mary Law School
Ecological Economics And Sport Stadium Public Financing, Christopher M. Mcleod, John T. Holden
William & Mary Environmental Law and Policy Review
Given the recent importance that sport organizations, academics, and the public have placed on environmental sustainability this Article introduces the study of ecological economics—founded upon Nicholas Georgescu-Roegen’s application of thermodynamics to economics—to legal perspectives on public financing. The authors argue that the economic growth limits implied by thermodynamic principles should be incorporated in the public financing of sport stadiums. More specifically, municipalities can require facilities receiving public financing to produce environmental cost accounting reports and to make them publically available.
The Puzzle Of Deflategate: Private Agreements And The Possibility Of Biased Justice,
2017
Boston College Law School
The Puzzle Of Deflategate: Private Agreements And The Possibility Of Biased Justice, Alfred C. Yen
Alfred C. Yen
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 ...
Internet Killed The Radio Star: Preventing Digital Broadcasters From Exploiting The Radio Music License Committee Rate To The Detriment Of Songwriters,
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,
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.
Sports, Inc. Volume 9, Issue 2,
2017
Cornell University ILR School
Sports, Inc. Volume 9, Issue 2, 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.
Sidelining Big Business In Intercollegiate Athletics: How The Ncaa Can De-Escalate The Arms Race By Implementing A Budgetary Allocation For Athletic Departments,
2017
North Carolina Central University School of Law
Sidelining Big Business In Intercollegiate Athletics: How The Ncaa Can De-Escalate The Arms Race By Implementing A Budgetary Allocation For Athletic Departments, Lora Weurdeman
North Carolina Central Law Review
No abstract provided.
Equitable Resale Royalties,
2017
University of Kentucky College of Law
Equitable Resale Royalties, Brian L. Frye
Law Faculty Scholarly Articles
A “resale royalty right” or droit de suite(resale right) is a legal right that gives certain artists the right to claim a percentage of the resale price of the artworks they created. The Berne Convention for the Protection of Literary and Artistic Works and the Tunis Model Law on Copyright for Developing Countries provide for an optional resale royalty right. Many countries have created a resale royalty right, although the particulars of the right differ from country to country. But the United States has repeatedly declined to create a federal resale royalty right, and a federal court recently held ...
Objects Of Art; Objects Of Property,
2017
Cornell University Law School
Objects Of Art; Objects Of Property, Gregory S. Alexander
Cornell Law Faculty Publications
Seemingly worlds apart, art and the law of property in fact share much in common. Some of this shared space is obvious, the result of their intersection through property law's protection and regulation of art. But another aspect of their commonality is considerably less obvious. Both rely, implicitly and in ways not always acknowledged, on assumptions about objects in the world-thing-ness. That is, both have relied, or traditionally have done so, on certain assumptions about the nature of objects-the objects of art and the objects of property-and the upshot of those assumptions is that those objects are characterized by ...
The Puzzle Of Deflategate: Private Agreements And The Possibility Of Biased Justice,
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?,
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,
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 ...
