Law Commons^™

Telecommunications In The United Kingdom: A Prototype For Deregulation Or A Flash In The Pan, Sean P. Farrell

UC Law SF Communications and Entertainment Journal

The United Kingdom maintains the world's most extensively deregulated telecommunications market. This Note examines the United Kingdom's history of telecommunications deregulation, the principal components of its deregulatory efforts, and the results obtained thus far. With respect to the principal components of deregulation, this Note's analysis focuses upon the United Kingdom's regulatory policy decisions, the efficacy of the British regulatory agency, and the adaptability of the British regulatory framework. In addition to drawing certain conclusions regarding the United Kingdom's deregulatory success, this Note also offers some general comparisons regarding proposed regulatory reforms within the United States.

The Decision Of The National League Of Baseball Clubs To Deny The Purchase And Transfer Of A Franchise To A City Not Currently The Home Of A Major League Team Is Governed By Section One Of The Sherman Act, Joanne M. Judge

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

Title Ix: What Is Gender Equity, George A. Davidson

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

Introduction: Gender Equity In Sports, Richard E. Lapchick

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

The Agincourt Campaign And The Law Of War, A. W.B. Simpson

Michigan Journal of International Law

Review of Henry's Wars and Shakespeare's Laws: Perspectives on the Law of War in the Later Middle Ages by Theodor Meron

Commentary: Copyright From Stone Age Caves To The Celestial Jukebox, Nicholas W. Allard

UC Law SF Communications and Entertainment Journal

On December 18, 1994, a group of exquisite and incredibly well-preserved Stone Age paintings were discovered in the mountains of southern France. Because the presence of visitors would hasten the artwork's deterioration, the public will likely not be allowed to view the paintings. Fortunately, a mere month after their discovery, images of the prehistoric art appeared on the Internet and have been transmitted around the world on commercial and noncommercial systems. The author utilizes this archeological cache as both an example of the uses of advanced information technology and a colorful fact pattern to explore many of the challenges facing …

The Benefits Of Alternative Dispute Resolution In Intellectual Property Disputes, Miriam R. Arfin

UC Law SF Communications and Entertainment Journal

There are numerous reasons for avoiding traditional litigation in intellectual property disputes. Given the often complex nature of intellectual property cases, litigation may not always offer the best method of resolution. By contrast, Alternative Dispute Resolution (ADR) processes can offer distinct advantages over litigation. Consequently, ADR should play a greater role in these intellectual property disputes. This Article illustrates the advantages of ADR in intellectual property disputes through a case study, and explores various options within the ADR process. The Article focuses on the United States District Court for the Northern District of California, and provides a method for choosing, …

The Growing Entertainment And Sports Industries Internationally: New Immigration Laws Provide For Foreign Athletes And Entertainers, Jon Jordan

University of Miami Entertainment & Sports Law Review

No abstract provided.

Bodyslam From The Top Rope: Unequal Bargaining Power And Professional Wrestling's Failure To Unionize, Stephen S. Zashin

University of Miami Entertainment & Sports Law Review

No abstract provided.

Reconsidering Flood V. Kuhn, Stephen F. Ross

University of Miami Entertainment & Sports Law Review

No abstract provided.

Squeeze Play: Workers' Compensation And The Professional Athlete, Stephen Cormac Carlin, Christopher M. Fairman

University of Miami Entertainment & Sports Law Review

No abstract provided.

Book Review: The Sports Stadium As A Municipal Investment, Kevin L. Ferguson

Marquette Sports Law Review

No abstract provided.

Player Discipline In Team Sports, Jan Stiglitz

Marquette Sports Law Review

No abstract provided.

The Data Transfer Industry: Communications Regulation For The Next Century, Robert S. Tanner

UC Law SF Communications and Entertainment Journal

Technology and competition are pushing a trend of convergence in the separate communications industries. In particular, telephone and cable companies are rapidly developing or acquiring the capacity to compete in each other's businesses. The evolution of this trend will be a larger unified marketplace where companies compete broadly in many forms of communications or data transfer. Companies in the data transfer industry will need to be able to make the most efficient use of their infrastructure to provide an array of services to the consumer.

Convergence has strained the fabric of existing communications law in the United States, and it …

Everything That Glitters Is Not Gold: Songwriter-Music Publisher Agreements And Disagreements, Don E. Tomlinson

UC Law SF Communications and Entertainment Journal

The standard-form long-term exclusive songwriter-music publisher "agreement" may be as good an example of a classic adhesion contract as any in American business life.. Music publishers have tremendous bargaining power; songwriters, at least in their early professional years, have little or none. It is no surprise, then, that such contracts heavily favor the music publisher and almost always are offered to beginning professional songwriters on a take-it-or-leave-it basis. While English courts have begun to recognize the "unconscionability" issue in these contracts-especially in relation to music publishers having no contractual obligation to "exploit" the copyrights received from songwriters under such agreements-American …

The Rodney King Beating: Beyond Fair Use: A Broadcaster's Right To Air Copyrighted Videotape As Part Of A Newscast, 13 J. Marshall J. Computer & Info. L. 269 (1995), Leslie Ann Reis

UIC John Marshall Journal of Information Technology & Privacy Law

This article discusses the copyright implications of news broadcasters using videotape and other images in their newscasts. News broadcasters obtain audio and video materials for use in their broadcasts, and on most occasions they obtain these materials from a variety of sources. The broadcaster cannot infringe on the copyright of the news source unless given permission by the source or decide to use it under the Fair Use Doctrine. However, a newscaster may also use the copyrighted material under a possible exception created by the First Amendment right to freedom of the press. The law that provides a creator with …

Poetic Law: A Statement On Intent, Maxwell L. Stearns

Vanderbilt Law Review

In poetry, allegiance to the verse

Lends power to the message in the text

.it Shakespeare's consistency gave his words force

In Hamlet, in King Lear, and in Macbeth

. And yet upon us, free form's presence reigns

- Defenders claim, expands the poet's choice

Removing from the poet meter's chains,

Is likened to providing the mute, voice.

. . .

Juvenile Justice, Laura E. Hartsell

American University Journal of Gender, Social Policy & the Law

No abstract provided.

One Of The Guys, David L. Marin

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Silenced Justice, S.D. Schwinn

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Work Made For Hire Doctrine And California Recording Contracts: A Recipe For Disaster, Joseph B. Anderson

UC Law SF Communications and Entertainment Journal

Recording artists provide their recording or songwriting services pursuant to "work made for hire" clauses present in the vast majority of recording industry contracts. Under the work made for hire doctrine, the record labels can retain ownership in the ultimate artistic creations and thus ensure maximum profits for the labels. However, in 1982 the California Legislature mandated that persons who create works made for hire are deemed employees for purposes of workers' compensation benefits as well as unemployment and disability insurance. As a result, record labels may face substantial liability under California labor laws. At a minimum, it appears that …

Parody (Of Celebrities, In Advertising), Parity (Between Advertising And Other Types Of Commercial Speech), And (The Property Right Of) Publicity - A Substantive And Procedural Path - Through Glitz, Wit, Rap, Suds, And Ink - To A Balanced Constitutional And Common Law Vindication Of Each, Michael E. Hartmann, Daniel R. Kelly

UC Law SF Communications and Entertainment Journal

In 1992's highly controversial White v. Samsung Electronics America, Inc., the United States Court of Appeals for the Ninth Circuit refused to create a parody exception to the common law right of publicity for a parodic advertisement. Almost all of the early legal commentary on White criticized the Ninth Circuit for not having created such an exception, most of it urging an emulation of federal statutory copyright law's fair use exception. In 1993's Cardtoons v. Major League Baseball Players Ass'n, the Northern District Court of Oklahoma similarly refused to create a parody exception to the right of publicity for an …

Software Patents: Myth Vs. Virtual Reality, Jeffrey J. Blatt

UC Law SF Communications and Entertainment Journal

This Article discusses issues concerning the patenting of software-related ideas. It provides a brief history of the law concerning patents related to algorithms up to the Federal Circuit's recent decision in In re Alappat. The Article then discusses various myths related to the lack of availability for software patent protection, the type of companies that are obtaining software patents, copyright protection versus patent protection, unavailability of trade secret protection in conjunction with a patent application, and the enforceability of software patents and other myths.

Reforming Telecommunications Policy In Response To Entry Into Local Exchange Markets, Alexander C. Larson

UC Law SF Communications and Entertainment Journal

Current telecommunications regulation is based on a series of economic assumptions. The author considers these assumptions and analyzes their continued validity, given the emergence of local exchange competition as seen in the Rochester, New York plan. The author discusses entry barriers to local exchange and the effects of the Department of Justice 1992 Merger Guidelines. The author concludes with a summary of policy recommendations arising from entry into local exchange markets and the necessity of future policy reevaluation.

Introduction To The Thirty-Fifth Annual Theodore L. Reimel Moot Court Competition , Joseph Dellapenna

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

Reducing The Cost Of Free Expression: A Call For Fee Shifting In Cases Challenging Freedom Of Expression, Neil I. Shapiro, Ross D. Tillman

UC Law SF Communications and Entertainment Journal

Those who offer information or express ideas, whether in book, essay, film, or music, and those who distribute or sell the vehicles for such expression have sometimes been sued by individuals claiming physical or emotional injury allegedly flowing from such expression. Suits have included claims that reliance on factual or quasi-factual representations in expressive or informative works resulted in injury to the plaintiff, as well as claims that such works influenced the conduct of third parties who in turn inflicted injury on the plaintiff.

While those faced with such claims routinely prevail, the costs of so doing can be substantial. …

The Un-Worth-Y Decision: The Characterization Of A Copyright As Community Property, Debora Polacheck

UC Law SF Communications and Entertainment Journal

This Article examines the impact of In re Marriage of Worth, the only reported case which has considered the effect of California's community property law on an author's rights under the Copyright Act of 1976. The author challenges the California Court of Appeal's holding that a copyright is a community property asset. The court, when faced with a clear conflict between state and federal law, failed to preempt state law. Instead, the court created a situation which not only will be felt by spouses upon dissolution of marriage but also will be felt by the author-spouse who will no longer …

Children's Television Act: Encouraging Positive Television For Our Children, The - A Proposal To The Fcc, Gary E. Knell

UC Law SF Communications and Entertainment Journal

Congress overwhelmingly passed the 1990 Children's Television Act to address policy concerns involving excessive violence and other inappropriate broadcast material in children's programming. The Act requires broadcasters to contribute to meeting children's educational needs in order to remain licensed. The Act also sets forth stipulations designed to encourage more constructive programming for children. Unfortunately, the Act has not proven as powerful as originally expected, leaving children's programming in much the same state it was before the Act. This Proposal sets forth a model to the Federal Communications Commission. The model is already used by the Children's Television Workshop and provides …

Medical Device Eligibility For The Statutory Experimental Use Exception To Patent Infringement, Veronica Lanier

UC Law SF Communications and Entertainment Journal

Federal patent laws grant exclusive rights to inventors and prohibit infringement of these rights. The Food, Drug, and Cosmetic Act (FDCA) exempts from patent infringement activities undertaken to meet regulatory requirements that delay commercial marketing of certain products regulated by the FDCA. The Supreme Court held the exception applicable to medical devices subject to significant premarket regulatory delay, but the recent district court decision of Baxter Diagnostics, Inc. v. AVL Scientific Corp. restricted the experimental use exception to those medical devices that must meet specific premarket approval requirements. This Note examines the codification and judicial interpretation of the statutory experimental …

Intellectual Property Rights In Joint Research Ventures With The National Laboratories, William A. Eklund

UC Law SF Communications and Entertainment Journal

The United States Department of Energy (DOE) founded its National Laboratories shortly after World War II. The National Laboratories are large, multi-program research institutions conducting research on various aspects of nuclear energy. This Article focuses on the intellectual property rights issues that arise in business transactions between the National Laboratories and the private sector where research is to be performed. including: research and development subcontracts, cooperative research and development agreements, sponsored research and user facility agreements. and the licensing of intellectual properties.