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Who Determines What Is Egregious? Judge Or Jury: Enhanced Damages After Halo V. Pulse, Brandon M. Reed 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 ...


Regulating The Ncaa: Making The Calls Under The Sherman Antitrust Act And Title Ix, Stephanie M. Greene 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, Nicholas Baker 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 ...


Fair Use And First Amendment: Without Fair Use, What Would You Freely Speak About?, Adam Blaier 2018 Pace University

Fair Use And First Amendment: Without Fair Use, What Would You Freely Speak About?, Adam Blaier

Pace Intellectual Property, Sports & Entertainment Law Forum

The question this paper tries to answer is: Without fair use, what would you freely speak about? This paper will seek to demonstrate that the Copyright Clause’s Fair Use doctrine, and the First Amendment are cousins who help each other, rather than enemies sworn to destroy each other as some believe. First I will give a brief overview and history of each doctrine. Next I will speak about three areas where I believe fair use and the First Amendment cross paths extensively. These areas are: (1) school/education; (2) social media and news; and (3) sports images/broadcasting. Finally ...


With Major Professional Sports Franchises On Their Way Into Las Vegas, The Problems With The Professional And Amateur Sports Protection Act (Paspa) Need To Be Addressed, Anthony J. Sanfratello 2018 Pace University

With Major Professional Sports Franchises On Their Way Into Las Vegas, The Problems With The Professional And Amateur Sports Protection Act (Paspa) Need To Be Addressed, Anthony J. Sanfratello

Pace Intellectual Property, Sports & Entertainment Law Forum

This note will set out to prove why PASPA is no longer effective and why reform is needed. With the state of New Jersey leading the fight, change is on the horizon. First, the history of gambling laws in the United States will be covered. Next, the legal and other supplemental arguments for and against PASPA will be discussed. Additionally, the pivotal role that each major professional sports league plays in the arguments for and against reform, with specific focus on professional teams moving to Las Vegas, will be examined. Lastly, the current state of gambling laws in this country ...


Fourth & Inches: Marking The Line Of Athletes’ Free Speech (A Colin Kaepernick Inspired Discussion), Ryan J. McGinty 2018 Pace University

Fourth & Inches: Marking The Line Of Athletes’ Free Speech (A Colin Kaepernick Inspired Discussion), Ryan J. Mcginty

Pace Intellectual Property, Sports & Entertainment Law Forum

This note addresses the ongoing controversial stance that was ignited when Colin Kaepernick refused to stand for the playing of the national anthem in protest of what he deems are wrongdoings against African Americans and minorities in the United States. The scope of this note does not surround Kaepernick himself, but rather the professional NFL football player in general. Specifically, players are entitled to the full rights of free expression and free speech as human beings and public figures, up and until the line where that right is abused on the field or “on the job,” thereby threatening an increase ...


The Justice Of Unequal Pay In The Ufc: An In-Depth Analysis Of The Fighters’ Antitrust Class Action Lawsuit Against The Ufc And The Misplaced Support Of The Proposed Muhammad Ali Expansion Act, Hunter Sundberg 2018 Nova Southeastern University

The Justice Of Unequal Pay In The Ufc: An In-Depth Analysis Of The Fighters’ Antitrust Class Action Lawsuit Against The Ufc And The Misplaced Support Of The Proposed Muhammad Ali Expansion Act, Hunter Sundberg

Pace Intellectual Property, Sports & Entertainment Law Forum

In 2016, the Ultimate Fighting Championships (“UFC”) set the record for the largest sale in sports history. The UFC, the primary promotion company of the once fringe sport of mixed martial arts (“MMA”) had matured into a mammoth 4 billion dollar promotion, but not without some growing pains. The league is replete with controversy, mostly dealing with disgruntled athletes over compensation. Athletes of the UFC feel that they are being financially exploited and they may be correct. The athletes are choosing different routes to remedy their pay disparities but they are misguided.

The first course of action chosen by the ...


A Tale Of Two Composers: An Argument For A Limited Expansion Of Moral Rights For Composers, Cassidy Grunninger 2018 University of Georgia School of Law

A Tale Of Two Composers: An Argument For A Limited Expansion Of Moral Rights For Composers, Cassidy Grunninger

Journal of Intellectual Property Law

No abstract provided.


Backing Down: Blurred Lines In The Standards For Analysis Of Substantial Similarity In Copyright Infringement For Musical Works, Nicholas Booth 2018 University of Georgia School of Law

Backing Down: Blurred Lines In The Standards For Analysis Of Substantial Similarity In Copyright Infringement For Musical Works, Nicholas Booth

Journal of Intellectual Property Law

No abstract provided.


Live Sports Virtual Reality Broadcasts: Copyright And Other Protections, Marie Hopkins 2018 Duke Law

Live Sports Virtual Reality Broadcasts: Copyright And Other Protections, Marie Hopkins

Duke Law & Technology Review

As virtual reality rapidly progresses, broadcasts are able to increasingly mimic the experience of actually attending a game. As the technology advances and the viewer can freely move about the game and virtual reality can simulate the in-stadium attendance, the virtual reality broadcast nears the point where the broadcast is indistinguishable from the underlying game. Thus, novel copyright protection issues arise regarding the ability to protect the experience through copyright. Although normal broadcasts may be copyrighted, virtual reality broadcasts of live sports could lack protection under the Copyright Act because the elements of originality, authorship, and fixation are harder to ...


New Art For The People: Art Funds & Financial Technology, Brian L. Frye 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, Robert Shawhan 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?, Sandra Davidson Scott 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, Becca E. Davis 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, Zackary Kessinger 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, Ed Edmonds 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 ...


Table Of Contents, 2018 Marquette University Law School

Table Of Contents

Marquette Sports Law Review

None


2017 Master Of The Game Award, 2018 Marquette University Law School

2017 Master Of The Game Award

Marquette Sports Law Review

None


Teaching Ethics With Sports: Recent Developments, Adam Epstein, Barbara Osborne 2018 Marquette University Law School

Teaching Ethics With Sports: Recent Developments, Adam Epstein, Barbara Osborne

Marquette Sports Law Review

None


Get Off The Courts: Using Adr Principles To Resolve High School Sport Disputes, Dominic D. Saturday, Amanda M. Siegrist, William A. Czekanski 2018 Marquette University Law School

Get Off The Courts: Using Adr Principles To Resolve High School Sport Disputes, Dominic D. Saturday, Amanda M. Siegrist, William A. Czekanski

Marquette Sports Law Review

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