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Droit De Suite, Copyright’S First Sale Doctrine And Preemption Of State Law, David E. Shipley 2017 University of California, Hastings College of the Law

Droit De Suite, Copyright’S First Sale Doctrine And Preemption Of State Law, David E. Shipley

Hastings Communications and Entertainment Law Journal

The primary focus of this article is whether California’s forty-year old droit de suite statute; the California Resale Royalty Act (CRRA), is subject to federal preemption under the Copyright Act. This issue is now being litigated in the Ninth Circuit, and this article concludes that the CRRA is preempted under section 301(a) of the Copyright Act and under the Supremacy Clause because it at odds with copyright’s well-established first sale doctrine.

The basic idea of droit de suite is that each time an artist’s work is resold by a dealer or auction house, the artist is ...


#Ncaa Vs. Student Athletes: An Empirical Analysis Of Ncaa Social Media Policies, Elizabeth M. Heintzelman 2017 University of California, Hastings College of the Law

#Ncaa Vs. Student Athletes: An Empirical Analysis Of Ncaa Social Media Policies, Elizabeth M. Heintzelman

Hastings Communications and Entertainment Law Journal

This article argues that the NCAA and its universities should not have any form of social media policy as it creates First and Fourth Amendment violations, as well as a liability for both the NCAA and its member schools. A social media policy should not limit constitutional rights, but rather any policy should educate the youth about important issues such as cyber-bullying, versus limiting constitutional rights. This article will focus on several issues: 1) whether the relationship between the NCAA and its student athletes constitutes an employer-employee relationship; 2) an evaluation of the social media policies concerning private employers 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 ...


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 ...


Living To See His Glory Days: Why Hamilton's Lin Manuel Miranda Is Not Liable For Copyright Infringement, But Other Writers And Composers Are, 17 J. Marshall Rev. Intell. Prop. L. 92 (2017), Deidre Davis 2017 John Marshall Law School

Living To See His Glory Days: Why Hamilton's Lin Manuel Miranda Is Not Liable For Copyright Infringement, But Other Writers And Composers Are, 17 J. Marshall Rev. Intell. Prop. L. 92 (2017), Deidre Davis

The John Marshall Review of Intellectual Property Law

This comment discusses the idea of individuals receiving preliminary permissions of copyrighted works before using the work as a component of their own. By doing so, an individual has a better opportunity to avoid copyright infringement. Lin Manuel Miranda, the writer of the musical Hamilton, took preliminary measures to avoid copyright infringement, and these measures will be examined throughout this comment. Copyright infringement cases and other infringement cases will be addressed, as well as a proposal to simplify obtaining preliminary permissions in copyrighted works.


Table Of Contents, 2017 Marquette University Law School

Table Of Contents

Marquette Sports Law Review

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The Limitation Of Labor Preemption: Survivability Of Contract Rights During Employer Lockouts, Andrew F. Gann, Jr. 2017 Marquette University Law School

The Limitation Of Labor Preemption: Survivability Of Contract Rights During Employer Lockouts, Andrew F. Gann, Jr.

Marquette Sports Law Review

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Arrr... Whose Booty, Mates? Who Possesses Legal Title To A Home Run Baseball That Lands Outside A Stadium's Confines?, Michael R. Gavin 2017 Marquette University Law School

Arrr... Whose Booty, Mates? Who Possesses Legal Title To A Home Run Baseball That Lands Outside A Stadium's Confines?, Michael R. Gavin

Marquette Sports Law Review

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Index: Sports Law In Law Reviews And Journals, Daniel MacMillan 2017 Marquette University Law School

Index: Sports Law In Law Reviews And Journals, Daniel Macmillan

Marquette Sports Law Review

None


Utah And Sports Law, Adam Epstein 2017 Marquette University Law School

Utah And Sports Law, Adam Epstein

Marquette Sports Law Review

None


Not Everyone Qualifies: A Comparative Look At Antitrust Law And Nascar's Charter System, Tyler M. Helsel 2017 Marquette University Law School

Not Everyone Qualifies: A Comparative Look At Antitrust Law And Nascar's Charter System, Tyler M. Helsel

Marquette Sports Law Review

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Superstition, Skill, Or Cheating? How Casinos And Regulators Can Combat Edge Sorting, Jordan Scot Flynn Hollander 2017 Villanova University Charles Widger School of Law

Superstition, Skill, Or Cheating? How Casinos And Regulators Can Combat Edge Sorting, Jordan Scot Flynn Hollander

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


A Puncher's Chance: Assessing The Classification Of Martial Artists' Hands As Deadly Weapons, Michael R. Romeo 2017 Villanova University Charles Widger School of Law

A Puncher's Chance: Assessing The Classification Of Martial Artists' Hands As Deadly Weapons, Michael R. Romeo

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Blocking Home: Major League Baseball Settles Blackout Restriction Case; However, A Collision With Antitrust Laws Is Still Inevitable, William F. Saldutti IV 2017 Villanova University Charles Widger School of Law

Blocking Home: Major League Baseball Settles Blackout Restriction Case; However, A Collision With Antitrust Laws Is Still Inevitable, William F. Saldutti Iv

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


You Can't Sit With Us: Limiting Free Speech In Sports Arenas And How The Tampa Bay Lightning Took Home Ice Advantage Too Far, Kaitlin Shire 2017 Villanova University Charles Widger School of Law

You Can't Sit With Us: Limiting Free Speech In Sports Arenas And How The Tampa Bay Lightning Took Home Ice Advantage Too Far, Kaitlin Shire

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Will Athletes Ever Learn? Examining The Ways The Ncaa Has Tried To And Can Deter Student-Athletes From Accepting Extra Benefits, Devon L. Stauffer 2017 Villanova University Charles Widger School of Law

Will Athletes Ever Learn? Examining The Ways The Ncaa Has Tried To And Can Deter Student-Athletes From Accepting Extra Benefits, Devon L. Stauffer

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


The Waiting Game: Examining Labor Law And Reasons Why The Wnba Needs To Change Its Age/Education Policy, Jessica L. Hendrick 2017 Marquette University Law School

The Waiting Game: Examining Labor Law And Reasons Why The Wnba Needs To Change Its Age/Education Policy, Jessica L. Hendrick

Marquette Sports Law Review

None


Mixed Martial Artists: Challenges To Unionization, Genevieve F.E. Birren, Tyler J. Schmitt 2017 Marquette University Law School

Mixed Martial Artists: Challenges To Unionization, Genevieve F.E. Birren, Tyler J. Schmitt

Marquette Sports Law Review

None


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 ...


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