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Full-Text Articles in Law
Law Is In The Bin: New Frontiers In Conceptual Art And Legal Liability, Katelyn E. Doering
Law Is In The Bin: New Frontiers In Conceptual Art And Legal Liability, Katelyn E. Doering
Notre Dame Law Review
Part I of this Note begins with a discussion of who Banksy is and why his work is important to this legal debate, finishing with a detailed description of the features of conceptual art that are relevant for legal analysis and an argument that the shredding stunt—the event itself, not the partially shredded canvas—is a work of conceptual art. Part II argues that the unique features of the shredding stunt, and of future works in the same artistic category, present a novel legal problem both for artists and for buyers. This novel problem is explored through the lens of …
Changes Are Not Enough: Problems Persist With Ncaa's Adjudicative Policy, Elizabeth Lombard
Changes Are Not Enough: Problems Persist With Ncaa's Adjudicative Policy, Elizabeth Lombard
Notre Dame Law Review
Recently, the critical eye of the public has focused on the adjudicative and enforcement policy of the National Collegiate Athletic Association (NCAA). Social media sites serve as a testament to the rampant shock and confusion that the general population has harbored with regard to the enforcement and adjudication process on the heels of recent, high-profile cases. Witnessing verified sports reporters and outlets refer to the NCAA as powerless or questioning its purpose or existence altogether is evidence of the NCAA’s trying times in the court of public opinion. On the one hand, and rightfully so, one might think that this …
The Ncaa's Transfer Conundrum, Christopher J. Gerace
The Ncaa's Transfer Conundrum, Christopher J. Gerace
Notre Dame Law Review
This Note articulates a normative framework for analyzing NCAA transfer rules, arguing that a balance must be struck between fairness for student-athletes and appropriate restrictions on transfer rules so as to prevent full-on free agency in collegiate athletics. The Note additionally argues that institutional autonomy over academics is a factor the NCAA must consider along with fairness and prevention of free agency. This Note will not wade into the complicated waters of potential antitrust issues with the NCAA, nor discuss the controversial calls for pay-for-play or unionization for student-athletes—instead, this Note will simply take for granted that it is desirable …
Rejecting The De Minimis Defense To Infringement Of Sound Recording Copyrights, Michael G. Kubik
Rejecting The De Minimis Defense To Infringement Of Sound Recording Copyrights, Michael G. Kubik
Notre Dame Law Review
Part I of this Note examines the history of sound recording copyrights, the role of digital sampling in the music industry, and the basic principles and functions of the de minimis defense. Part II carefully dissects the Bridgeport and VMG opinions. Part III then considers the merits of each opinion and concludes that Bridgeport reached the correct conclusion. This argument rests on the statutory scheme of Title 17 of the U.S. Code and the plain text of its applicable provisions, bolstered by their legislative history, giving life to a unique statutory creature that thrives in a manner inconsistent with traditional …
Dropping The Ball: The Failure Of The Ncaa To Address Concussions In College Football, K. Adam Pretty
Dropping The Ball: The Failure Of The Ncaa To Address Concussions In College Football, K. Adam Pretty
Notre Dame Law Review
Part I of this Note will examine the medical history of concussions, and the growing link between concussions suffered by football players and the development of long-term head injuries. Part II will discuss factors that exacerbate the concussion problem in football, as well as examine how the head injury issue is being addressed by the NCAA, the National Football League (NFL), and state legislatures. Part III will examine the NCAA’s duty to protect student-athlete safety in light of the ongoing litigation against the NCAA, specifically the potential scope of legal liability for head injuries. Part IV will focus on what …