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Prefácio Aos Prefácios, Paulo Ferreira da Cunha 2010 Universidade do Porto

Prefácio Aos Prefácios, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

No presente artigo, ensaia-se uma sintética teorização em torno dos prefácios. O seu diálogo com o corpo do texto que apresentam não é simples, mas torna-se muito revelador. vale a pena ler e analisar estes textos, que alguns saltam displicentemente, e outros perscrutam com curiosidade...


Intra-Enterprise Activity, Joint Ventures And Sports Leagues: Identifying Unilateral Conduct Under The Antitrust Laws, Herbert J. Hovenkamp 2010 University of Pennsylvania Law School

Intra-Enterprise Activity, Joint Ventures And Sports Leagues: Identifying Unilateral Conduct Under The Antitrust Laws, Herbert J. Hovenkamp

Faculty Scholarship

In the American Needle case the Supreme Court will consider whether the NFL’s decision to give an exclusive trademark license to one firm should be counted as “unilateral” on the NFL’s part, or rather as the concerted joint venture activity of the NFL’s individual member teams. The intellectual property in question is not trademarks in the NFL itself, but rather the trademarks and other intellectual property developed separately by each individual team, and which the teams in turn have licensed exclusively to the NFL.

In general, when a joint venture is engaged in its own business the ...


Filosofia Antropológica?, Paulo Ferreira da Cunha 2010 Universidade do Porto

Filosofia Antropológica?, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Muito do que se passa nas nossas sociedades, actualmente, depende de termos ou não termos um olhar filosófico, e de termos ou não termos a capacidade perspectivista do antropólogo. O presente artigo chama a atenção para a necessidade de a Filosofia, tentando furtar-se à tirania do Logos na versão dos ares "grão senhores", de que falava Kant, procure o olhar de "terceiro", e o despojamento de recursos da Antropologia cultural.


False Imprisonment As A Tort In India, Hari Priya 2010 NALSAR University of Law

False Imprisonment As A Tort In India, Hari Priya

Hari Priya

The tort of false imprisonment is one of the most severe forms of human rights violation, and this paper aims to define and to understand the concept of false imprisonment as a tort in India. It also seeks to know about the evolution of the notion of false imprisonment as a tort, with reference to Indian and foreign cases, and understand who and when can one be held liable for the tort of false imprisonment. It further deals with the remedies available for the said tort.


Copyright Liability For The Playing Of 'Music On Hold': Telstra Corporation Ltd V Australasian Performing Right Association Ltd, William van Caenegem 2010 Bond University

Copyright Liability For The Playing Of 'Music On Hold': Telstra Corporation Ltd V Australasian Performing Right Association Ltd, William Van Caenegem

William Van Caenegem

Extract: This is a test case brought by the Australasian Performing Rights Association (APRA), the assignee of copyright in musical and literary works for the purpose of the public performance rights (both live and mechanical), the right of transmission to subscribers to a diffusion service (the diffusion right) and the broadcast right. The question to be determined is whether Telstra (or Telecom as it was called at the outset of proceedings) by providing certain music on hold services, is liable to APRA because of a breach of their diffusion and/or broadcast rights under the Copyright Act 1968 (Cth). APRA ...


You Can't Get There From Here: Igra Needs Reinvention Into A Relevant Statute For A Mature Industry, Antonia Cowan 2010 Villanova University Charles Widger School of Law

You Can't Get There From Here: Igra Needs Reinvention Into A Relevant Statute For A Mature Industry, Antonia Cowan

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


The Absence Of A Comprehensive Federal Policy Toward Internet And Sports Wagering And A Proposal For Change, Anthony Cabot 2010 Villanova University Charles Widger School of Law

The Absence Of A Comprehensive Federal Policy Toward Internet And Sports Wagering And A Proposal For Change, Anthony Cabot

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Be Kind, Please Rewind - The Second Circuit Gives Cable Providers Something To Watch In Cartoon Network L.P., V. Csc Holdings, Inc., Peter Hamner 2010 Villanova University Charles Widger School of Law

Be Kind, Please Rewind - The Second Circuit Gives Cable Providers Something To Watch In Cartoon Network L.P., V. Csc Holdings, Inc., Peter Hamner

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Sports In The Courts: The Role Of Sports References In Judicial Opinions, Douglas E. Abrams 2010 Villanova University Charles Widger School of Law

Sports In The Courts: The Role Of Sports References In Judicial Opinions, Douglas E. Abrams

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Sports Agents: Ethical Representatives Or Overly Aggressive Adversaries, Stacey B. Evans 2010 Villanova University Charles Widger School of Law

Sports Agents: Ethical Representatives Or Overly Aggressive Adversaries, Stacey B. Evans

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


A Perception Of Impropriety: The Use Of Packaging Deals In College Basketball Recruiting, Erick S. Lee 2010 Villanova University Charles Widger School of Law

A Perception Of Impropriety: The Use Of Packaging Deals In College Basketball Recruiting, Erick S. Lee

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


The Legal & Business Aspects Of Career-Ending Disability Insurance Policies In Professional And College Sports, Glenn M. Wong, Chris Deubert 2010 Villanova University Charles Widger School of Law

The Legal & Business Aspects Of Career-Ending Disability Insurance Policies In Professional And College Sports, Glenn M. Wong, Chris Deubert

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


La Russa's Loophole: Trademark Infringement Lawsuits And Social Networks, Jillian Bluestone 2010 Villanova University Charles Widger School of Law

La Russa's Loophole: Trademark Infringement Lawsuits And Social Networks, Jillian Bluestone

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


U.S. Land-Based And Internet Gambling, Would You Bet On A Rosy Future, Joseph M. Kelly 2010 Villanova University Charles Widger School of Law

U.S. Land-Based And Internet Gambling, Would You Bet On A Rosy Future, Joseph M. Kelly

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


The Olympic Meddle: The International Olympic Committee's Intrusion Of Athletes' Privacy Through The Discriminatory Practice Of Gender Verification Testing, 28 J. Marshall J. Computer & Info. L. 49 (2010), Raheel Saleem 2010 John Marshall Law School

The Olympic Meddle: The International Olympic Committee's Intrusion Of Athletes' Privacy Through The Discriminatory Practice Of Gender Verification Testing, 28 J. Marshall J. Computer & Info. L. 49 (2010), Raheel Saleem

The John Marshall Journal of Information Technology & Privacy Law

The IOC and the IAAF act as governing bodies for athletes and, therefore, are innately responsible for their actions. However, the gender verification rule exemplifies that irresponsible actions by these governing agencies adversely effects its athletes. The gender verification rule empowers both the IOC and the IAAF to make life-changing decisions without any restriction, leaving athletes susceptible to the unfettered power and abuse of the rule. The legal foundation established by the international human rights declarations support the argument that gender verification testing must be abolished because of its embedded discrimination and intrusive nature. An application of the ICCPR provides ...


Laws Of Race/Laws Of Representation: The Construction Of Race And Law In Contemporary American Film, 11 Tex. Rev. Ent. & Sports L. 219 (2010), Cynthia D. Bond 2010 John Marshall Law School

Laws Of Race/Laws Of Representation: The Construction Of Race And Law In Contemporary American Film, 11 Tex. Rev. Ent. & Sports L. 219 (2010), Cynthia D. Bond

Faculty Scholarship

Popular film has a lot to teach us about social narratives of law. Both law and film are story-telling, narrative systems. Accordingly, films about law are "overdetermined" in terms of narrative: they are stories about stories. Race is also a narrative system in which visual representation is key. The significance of the visual apprehension of race is deeply relevant to the legal construction of race as well. For example, in early citizenship cases and racial "passing" cases which persisted through the latter part of the 2 0th century. Since society constructs racial categories in large part by visual identification and ...


Patchwork Protection: Copyright Law And Quilted Art, 9 J. Marshall Rev. Intell. Prop. L. 855 (2010), Maureen Collins 2010 John Marshall Law School

Patchwork Protection: Copyright Law And Quilted Art, 9 J. Marshall Rev. Intell. Prop. L. 855 (2010), Maureen Collins

The John Marshall Review of Intellectual Property Law

Historically, quilts have been denied the same copyright protection available to any other expression in a fixed medium. When quilts have been considered protectable, the protectable elements in a pattern have been limited, or the application of the substantial similarity test has varied widely. One possible explanation for this unequal treatment is that quilting is viewed as ‘women’s work.’ Another is that quilts are primarily functional. However, quilts have evolved over time and may now be expensive collectible pieces of art; art that deserves copyright protection. This article traces the history of quilt making, addresses the varying standards of ...


Sports In The Courts: The Role Of Sports References In Judicial Opinions, Douglas E. Abrams 2010 University of Missouri School of Law

Sports In The Courts: The Role Of Sports References In Judicial Opinions, Douglas E. Abrams

Faculty Publications

In cases with no claims or defenses concerning sports, the Supreme Court and lower federal and state courts frequently publish opinions that draw analogies to the rules or terminology of sports familiar to broad segments of the American people. Sports analogies can help the court explain factual or legal points because today’s generation, including the lawyers and litigants who comprise the prime audience for written opinions, grew into adulthood amid an unprecedented saturation of professional and amateur sports in the broadcast and print media, and more recently on the Internet. This article surveys the broad array of sports whose ...


At The Brink Of Free Agency: Creating The Foundation For The Messersmith-Mcnally Decision - 1968-1975, Edmund P. Edmonds 2010 Notre Dame Law School

At The Brink Of Free Agency: Creating The Foundation For The Messersmith-Mcnally Decision - 1968-1975, Edmund P. Edmonds

Writings

One of the most dramatic periods in baseball’s long history of labor relations occurred from 1968 through 1975. The Major League Baseball Players Association negotiated baseball’s first Basic Agreement in 1968 without the benefit of any leverage that could alter most of Organized Baseball’s long practices that controlled the players’ mobility and wages. In 1975, however, the union won an arbitration panel hearing that determined that pitchers Dave McNally and Andy Messersmith were free agents after playing one full season under the renewed option year of their contracts and filing a grievance under the newly adopted arbitration ...


A National Security Puzzle: Mosaic Theory And The First Amendment Right Of Access In The Federal Courts, Michael P. Goodwin 2010 University of California, Hastings College of the Law

A National Security Puzzle: Mosaic Theory And The First Amendment Right Of Access In The Federal Courts, Michael P. Goodwin

Hastings Communications and Entertainment Law Journal

No abstract provided.


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