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The Reflection And Reification Of Racialized Language In Popular Media, Kelly E. Wright 2017 University of Kentucky

The Reflection And Reification Of Racialized Language In Popular Media, Kelly E. Wright

Theses and Dissertations--Linguistics

This work highlights specific lexical items that have become racialized in specific contextual applications and tests how these words are cognitively processed. This work presents the results of a visual world (Huettig et al 2011) eye-tracking study designed to determine the perception and application of racialized (Coates 2011) adjectives. To objectively select the racialized adjectives used, I developed a corpus comprised of popular media sources, designed specifically to suit my research question. I collected publications from digital media sources such as Sports Illustrated, USA Today, and Fortune by scraping articles featuring specific search terms from their websites. This experiment seeks ...


The Resounding Impact Of Napster, Inc. An Analysis Of A & M Records, Inc. V. Napster, Inc., Isabella Kelly 2017 Claremont McKenna College

The Resounding Impact Of Napster, Inc. An Analysis Of A & M Records, Inc. V. Napster, Inc., Isabella Kelly

CMC Senior Theses

When Napster was first launched on the Internet in August of 1999 by young programmer, Shawn Fanning, the intension was that the platform would easily link Internet users with the free MP3 downloads they sought out on the web. By the time an injunction against the platform was granted and upheld by a state then federal court, Napster had made a far bigger impact than simply linking music listeners with free downloads.

The proceedings of A & M Records, Inc. v. Napster, Inc. through the District Court Northern District of California then the United States Court of Appeals for the Ninth ...


The Ambush At Rio, 16 J. Marshall Rev. Intell. Prop. L. 350 (2017), Adam Epstein 2017 John Marshall Law School

The Ambush At Rio, 16 J. Marshall Rev. Intell. Prop. L. 350 (2017), Adam Epstein

The John Marshall Review of Intellectual Property Law

The purpose of this article is to explore the role of the International Olympic Committee’s (IOC) codified marketing policy known as Rule 40 which emerged to prevent ambush marketing of its biennial events. Rule 40 has quickly evolved into a controversial rule for athletes, coaches and sponsors alike who are involved in the Olympic Movement. The IOC believes that social media is a ubiquitous threat to its intellectual property during the Olympic Games akin to traditional print and television ambush marketing campaigns. As a result, the 2016 Rio De Janeiro (Rio) Summer Olympic Games represented the most intense clash ...


If The Shoe Fits: The Effects Of A Uniform Copyright Design Test On Local Fashion Designers, 17 J. Marshall Rev. Intell. Prop. L. 262 (2017), Elise Ruff 2017 John Marshall Law School

If The Shoe Fits: The Effects Of A Uniform Copyright Design Test On Local Fashion Designers, 17 J. Marshall Rev. Intell. Prop. L. 262 (2017), Elise Ruff

The John Marshall Review of Intellectual Property Law

Fashion design is a revolutionary walking art form, becoming increasingly accessible to consumers. The increase in accessibility is, in part, due to the presence of technology and social media platforms. While this allows the consumer to have access to a designer’s goods at unprecedented levels, this has led to an increase in claims of copyright infringement against large fashion corporations. This comment discusses how local-based fashion designers have lodged complaints against large fashion corporations of stealing their designs. Additionally, this comment discusses a recent United States Supreme Court case Star Athletica, L.L.C., v. Varsity Brands, Inc., and ...


Amateurism And The Ncaa: How A Changing Market Has Turned Caps On Athletic Scholarships Into An Antitrust Violation, Daniel Laws 2017 University of Richmond

Amateurism And The Ncaa: How A Changing Market Has Turned Caps On Athletic Scholarships Into An Antitrust Violation, Daniel Laws

Law Student Publications

The college athletics industry is worth $16 billion, and it only continues to grow as the number of collegiate students and student-athletes increases. The governing body of collegiate athletics, the National Collegiate Athletic Association ("NCAA"), prides itself on the amateur status of its athletes. To preserve its athletes' amateurism, the NCAA mandates that its member institutions agree not to compensate student-athletes with athletic scholarships that are above the university's cost of attendance. Typically, this type of horizontal agreement- one between competitors that artificially caps the amount a worker can earn violates Section 1 of the Sherman Act as an ...


Time To Act: Correcting The Inadequacy Of Youth Concussion Legislation Through A Federal Act, Lance K. Spaude 2017 Marquette University Law School

Time To Act: Correcting The Inadequacy Of Youth Concussion Legislation Through A Federal Act, Lance K. Spaude

Marquette Law Review

Concussions in sports are inevitable. Although an increased focus on concussions in youth sports has improved understandings, the prevalence of concussions in youth sports, the health and safety dangers they pose, and the legal liability they create are still relative unknowns. Despite remaining unknowns, a greater understanding of the long-term effects of concussions and the increased dangers in head impacts in youth athletics in recent years has resulted in lawsuits against the youth coaches, schools, and state athletic associations for athlete injuries suffered as a result of repetitive head trauma and concussions.

This Comment focuses on the need for federal ...


Incidental Intellectual Property, Brian L. Frye 2017 University of Kentucky College of Law

Incidental Intellectual Property, Brian L. Frye

Law Faculty Scholarly Articles

As Mark Twain apocryphally observed, “History doesn’t repeat itself, but it often rhymes.” The history of the right of publicity reflects a common intellectual property rhyme. Much like copyright, the right of publicity is an incidental intellectual property right that emerged out of regulation. Over time, the property right gradually detached itself from the regulation and evolved into an independent legal doctrine.

Copyright emerged from the efforts of the Stationers’ Company to preserve its members’ monopoly on the publication of works of authorship. Similarly, it can be argued the right of publicity emerged from the efforts of bubblegum companies ...


Baseball And The U.S.-Cuban Diplomatic Relationship: Why Did Baseball Serve As An Ineffective Diplomatic Tool For The United States And Cuba?, Abbygale Sarah Martinen 2017 University of New Hampshire, Durham

Baseball And The U.S.-Cuban Diplomatic Relationship: Why Did Baseball Serve As An Ineffective Diplomatic Tool For The United States And Cuba?, Abbygale Sarah Martinen

Honors Theses and Capstones

No abstract provided.


Brazil's Olympic-Era Anti-Corruption Reforms, Andrew B. Spalding 2017 University of Richmond

Brazil's Olympic-Era Anti-Corruption Reforms, Andrew B. Spalding

Law Faculty Publications

A country once renowned for glorifying corruption now leads what may be the furthest-reaching anti-corruption investigation in history. Brazil, once typified by its "Brazilian jeitinho" way of creatively navigating social problems,' now executes "Operation Car Wash," bringing down political and business leaders by the dozens. So too has Brazil's Congress adopted a series of dramatic, and effective, new anti-corruption laws, in response to public outcries for reform. It is deeply ironic, but not at all coincidental, that Brazil concurrently hosted the Summer Olympics. This paper chronicles the extraordinary series of events that connect - in a line that is straight ...


Subsidized Internet Access Law Review Article.Docx.Pdf, Rob Frieden 2016 Penn State University

Subsidized Internet Access Law Review Article.Docx.Pdf, Rob Frieden

Rob Frieden

This paper will assess the potential for harm to broadband consumers and competitors when United States Internet Service Providers (“ISPs”) tier service by combining so-called unlimited usage with reduced video image resolution, and also by not metering usage when subscribers access specific content sources.  ISPs previously generated no regulatory concerns when they developed different tiers of service and price points based on content transmission speeds and monthly allotment of data consumption. 

            However, recent “zero rating” and “unlimited” data offers have triggered questions whether ISPs engage in unlawful paid prioritization of certain traffic from specific sources as well as traffic degradation ...


Tackling Abuse In Sport Through Dispute System Design, Maureen A. Weston Prof. 2016 Pepperdine University

Tackling Abuse In Sport Through Dispute System Design, Maureen A. Weston Prof.

Maureen A Weston

Reports of sexual abuse in the youth sports community require sport at every level to be concerned about ensuring the emotional and physical safety of its athletes. To address the problem of sexual abuse in sport, the U.S. Olympic Committee (USOC) commissioned a Working Group on Safe Training Environments, which employed a Dispute System Design (DSD) process in undertaking a comprehensive study focused on the issue of abuse in sport and how to provide a safe training athletic environment for athletes that is free of abuse, also known as SafeSport. The process of Dispute Systems Design provides an analytical ...


The Pop Culture Business Handbook For Cons And Festivals: Event Revenues And Expenses, Jon M. Garon 2016 Nova Southeastern University - Shepard Broad College of Law

The Pop Culture Business Handbook For Cons And Festivals: Event Revenues And Expenses, Jon M. Garon

Jon M. Garon

When organizing a festival or Con, the economic model used to develop the event will drive many of the key decisions. If one accepts that the designing of the Con is a form of building a complex game for the attendees, then the Con economy will define many of the structural design choices which will come later in the planning. These chapters describe the revenue sources and the types of expenses that will be incurred and the approaches to help assure that the revenue exceeds the expenses.


Putting Fair Use On Display: Ending The Permissions Culture In The Museum Community, Rosemary Chandler 2016 Duke Law

Putting Fair Use On Display: Ending The Permissions Culture In The Museum Community, Rosemary Chandler

Duke Law & Technology Review

Digital technologies present museums with tremendous opportunities to increase public access to the arts. But the longstanding “permissions culture” entrenched in the museum community—in which licenses are obtained for the use of copyrighted materials regardless of whether such uses are “fair,” such that licenses are not legally required—likely will make the cost of many potential digital projects prohibitively expensive. Ending the permissions culture is therefore critically important to museums as they seek to connect with diverse audiences in the Digital Age. In this issue brief, I argue that such a development will require clear and context-specific information about ...


Between The Hash Marks: The Absolute Power The Nfl’S Collective Bargaining Agreement Grants Its Commissioner, Eric L. Einhorn 2016 Brooklyn Law School

Between The Hash Marks: The Absolute Power The Nfl’S Collective Bargaining Agreement Grants Its Commissioner, Eric L. Einhorn

Brooklyn Law Review

The National Football League has recently faced an onslaught of public criticism stemming from its handling of disciplinary matters over the last few years. This note engages in a comparative analysis of the disciplinary processes of the four major professional sports leagues, the National Football League (NFL), National Basketball Association (NBA), Major League Baseball (MLB), and National Hockey League (NHL), to determine why Commissioner Goodell’s disciplinary decisions have received such public criticism and have been challenged by the National Football League Players Association. While examining the cases of Tom Brady and Adrian Peterson, this note will address the question ...


Free Speech & Disparaging Trademarks, Ned Snow 2016 University of South Carolina School of Law

Free Speech & Disparaging Trademarks, Ned Snow

Boston College Law Review

Speech law has silenced trademark. In In re Tam, the Federal Circuit ruled that the First Amendment requires Congress to grant trademark protection for disparaging speech. More specifically, the Federal Circuit held unconstitutional the provision of the Federal Lanham Act that denies trademark protection for marks that disparage. The Federal Circuit’s ruling, however, is not the final word on the issue. The Supreme Court has agreed to hear the Tam case. This Article argues against the Federal Circuit decision. As illustrated by the five different opinions from the en banc panel, the complexities of speech law easily lead to ...


Trending @ Rwu Law: David Logan's Post: Students Go Head-To-Head With Faculty And Alums In Jeopardy! 11-9-2016, David Logan 2016 Roger Williams University School of Law

Trending @ Rwu Law: David Logan's Post: Students Go Head-To-Head With Faculty And Alums In Jeopardy! 11-9-2016, David Logan

Law School Blogs

No abstract provided.


Fielding A Team For The Fans: The Societal Consequences And Title Vii Implications Of Race-Considered Roster Construction In Professional Sport, N. Jeremi Duru 2016 Temple University

Fielding A Team For The Fans: The Societal Consequences And Title Vii Implications Of Race-Considered Roster Construction In Professional Sport, N. Jeremi Duru

N. Jeremi Duru

Part I examines Title VII, its history, and the prospect of its application in the race-considered roster construction context. Part II engages the phenomenon of race-considered roster construction and explores its persistence in the post-civil rights era, primarily through historical examination of Major League Baseball’s Boston Red Sox and the National Basketball Association’s Boston Celtics, two professional sports organizations for years associated with racially imbalanced rosters. This part also explores the consequences unique to employment discrimination in the race-considered roster construction context. Part III examines the applicability of Title VII doctrine to race-considered roster construction, exploring the factors ...


Disruptive Technology And Common Law Lawmaking: A Brief Analysis Of A&(And)M Records, Inc. V. Napster, Inc., Michael W. Carroll 2016 Selected Works

Disruptive Technology And Common Law Lawmaking: A Brief Analysis Of A&(And)M Records, Inc. V. Napster, Inc., Michael W. Carroll

Michael W. Carroll

No abstract provided.


Enhanced Protections For Geographical Indications Under Trips: Potential Conflicts Under The U.S. Constitutional And Statutory Regimes, David Snyder 2016 Selected Works

Enhanced Protections For Geographical Indications Under Trips: Potential Conflicts Under The U.S. Constitutional And Statutory Regimes, David Snyder

David Snyder

No abstract provided.


Let's Not Go Crazy: Why Lenz V. Universal Music Corp. Undermines The Notice And Takedown Process Of The Digital Millennium Copyright Act, Mareasa M. Fortunato 2016 University of Georgia School of Law

Let's Not Go Crazy: Why Lenz V. Universal Music Corp. Undermines The Notice And Takedown Process Of The Digital Millennium Copyright Act, Mareasa M. Fortunato

Journal of Intellectual Property Law

No abstract provided.


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