Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Entertainment, Arts, and Sports Law

Journal

2003

Institution
Keyword
Publication

Articles 1 - 30 of 102

Full-Text Articles in Law

Panel I: Legal Issues In Sports Security, Richard H. Fallon, Jr., Milton Ahlerich, Norman Siegel, William D. Squires, Paul H. Zoubek, Laura Freedman Dec 2003

Panel I: Legal Issues In Sports Security, Richard H. Fallon, Jr., Milton Ahlerich, Norman Siegel, William D. Squires, Paul H. Zoubek, Laura Freedman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel Ii: Conflicts Of Interest In Sports, John D. Feerick, David Feher, Craig E. Fenech, Charles Grantham, Steven C. Krane, Nicole Coward Dec 2003

Panel Ii: Conflicts Of Interest In Sports, John D. Feerick, David Feher, Craig E. Fenech, Charles Grantham, Steven C. Krane, Nicole Coward

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel Iii: The Current State Of Sports And The Media, Mark Conrad, Laurie Basch, David S. Denenberg, Jim Durham, Jerome S. Ebenstein, Brett Goodman, Nicole Coward Dec 2003

Panel Iii: The Current State Of Sports And The Media, Mark Conrad, Laurie Basch, David S. Denenberg, Jim Durham, Jerome S. Ebenstein, Brett Goodman, Nicole Coward

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Glass Sneaker: Thirty Years Of Victories And Defeats Involving Title Ix And Sex Discrimination In Athletics, Diane Heckman Dec 2003

The Glass Sneaker: Thirty Years Of Victories And Defeats Involving Title Ix And Sex Discrimination In Athletics, Diane Heckman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Bouchat V. Baltimore Ravens: The Fourth Circuit Adopts The Strinkingly Similar Doctrine To Infer Proof Of Access, Douglas R. Arntsen Dec 2003

Bouchat V. Baltimore Ravens: The Fourth Circuit Adopts The Strinkingly Similar Doctrine To Infer Proof Of Access, Douglas R. Arntsen

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Far From The Finish Line: Transsexualism And Athletic Competition, Jill Pilgrim, David Martin, Will Binder Dec 2003

Far From The Finish Line: Transsexualism And Athletic Competition, Jill Pilgrim, David Martin, Will Binder

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Pay Or Play? The Jeremy Bloom Decision And Ncaa Amateurism Rules, Laura Freedman Dec 2003

Pay Or Play? The Jeremy Bloom Decision And Ncaa Amateurism Rules, Laura Freedman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Rethinking Reexamination Reform: Is It Time For Corrective Surgery, Or Is It Time To Amputate?, Kristn Jakobsen Osenga Dec 2003

Rethinking Reexamination Reform: Is It Time For Corrective Surgery, Or Is It Time To Amputate?, Kristn Jakobsen Osenga

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Platform For Privacy Preferences (“P3p”): Finding Consumer Assent To Electronic Privacy Policies, Kimberly Rose Goldberg Dec 2003

Platform For Privacy Preferences (“P3p”): Finding Consumer Assent To Electronic Privacy Policies, Kimberly Rose Goldberg

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


No Competition: How Radio Consolidation Has Diminished Diversity And Sacrificed Localism, Gregory M. Prindle Dec 2003

No Competition: How Radio Consolidation Has Diminished Diversity And Sacrificed Localism, Gregory M. Prindle

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Personal Fouls: How Sexual Assault By Football Players Is Exposing Universities To Title Ix Liability, Christopher M. Parent Dec 2003

Personal Fouls: How Sexual Assault By Football Players Is Exposing Universities To Title Ix Liability, Christopher M. Parent

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


A Barcelona.Com Analysis: Toward A Better Model For Adjudication Of International Domain Name Disputes, Zohar Efroni Dec 2003

A Barcelona.Com Analysis: Toward A Better Model For Adjudication Of International Domain Name Disputes, Zohar Efroni

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Intellectual Property In Transition Economies: Assessing The Latvian Experience, Simon Helm Dec 2003

Intellectual Property In Transition Economies: Assessing The Latvian Experience, Simon Helm

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Reflections On Augusta: Judicial, Legislative And Economic Approaches To Private Race And Gender Consciousness, Scott R. Rosner Oct 2003

Reflections On Augusta: Judicial, Legislative And Economic Approaches To Private Race And Gender Consciousness, Scott R. Rosner

University of Michigan Journal of Law Reform

In light of the recent controversy surrounding Augusta National Golf Club's exclusionary membership policy, this Article highlights the myriad incentives and disincentives that Augusta and similar clubs have for reforming such policies. The author acknowledges the economic importance of club membership in many business communities and addresses the extent to which club members' claims of rights of privacy and free association are valid. The Article also considers the potential of judicial action in promoting the adoption of more inclusive membership policy; the state action doctrine and the First Amendment right to freedom of association are discussed as frameworks under which …


Press Rights In Peril: The Department Of Justice Infringes Upon Press Liberties By Conducting "Special Interest" Removal Proceedings, Gabriel S. Oberfield Jun 2003

Press Rights In Peril: The Department Of Justice Infringes Upon Press Liberties By Conducting "Special Interest" Removal Proceedings, Gabriel S. Oberfield

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Filled Milk, Footnote Four & The First Amendment: An Analysis Of The Preferred Position Of Speech After The Carolene Products Decision, Elizabeth Wallmeyer Jun 2003

Filled Milk, Footnote Four & The First Amendment: An Analysis Of The Preferred Position Of Speech After The Carolene Products Decision, Elizabeth Wallmeyer

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Victor’S Little Secret: Supreme Court Decision Means More Protection For Trademark Parody, Jordan M. Blanke Jun 2003

Victor’S Little Secret: Supreme Court Decision Means More Protection For Trademark Parody, Jordan M. Blanke

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


C’Est What? Saisie! A Comparison Of Patent Infringement Remedies Among The G7 Economic Nations, Larry Coury Jun 2003

C’Est What? Saisie! A Comparison Of Patent Infringement Remedies Among The G7 Economic Nations, Larry Coury

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Foreword: "Just Do It!": Title Ix As A Threat To University Autonomy, Richard A. Epstein May 2003

Foreword: "Just Do It!": Title Ix As A Threat To University Autonomy, Richard A. Epstein

Michigan Law Review

For a short time I was stymied to identify a suitable theme for the Foreword to the 2003 Survey of Books in the Michigan Law Review. The task is surely a daunting one, because it is never possible to write a Foreword that offers the reader a Cook's Tour of the many distinguished offerings reviewed in its pages. Therefore I hope to link one broad theme to one narrow topic, knowing that at first it may look as though they have little in common. In taking this approach, I prefer dangerous shoals to well-marked channels. I shall therefore begin with …


The Heroes Of The First Amendment, Frederick Schauer May 2003

The Heroes Of The First Amendment, Frederick Schauer

Michigan Law Review

In 1950, Felix Frankfurter famously observed that "[i)t is a fair summary of history to say that the safeguards of liberty have frequently been forged in controversies involving not very nice people." The circumstances of Justice Frankfurter's observation were hardly atypical, for his opinion arose in a Fourth Amendment case involving a man plainly guilty of the crime with which he had been charged - fraudulently altering postage stamps in order to make relatively ordinary ones especially valuable for collectors. Indeed, Fourth Amendment cases typically present the phenomenon that Frankfurter pithily identified, for most of the people injured by an …


Panel I: The End Of Equivalents? Examining The Fallout From Festo, J. Michael Jakes, Herbert Michael Schwartz, Harold C. Wegner Mar 2003

Panel I: The End Of Equivalents? Examining The Fallout From Festo, J. Michael Jakes, Herbert Michael Schwartz, Harold C. Wegner

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel Iii: Www.Thegovernmenthasdecideditisinyour(Read:Our)Bestinterestsnottoviewthis.Com: Should The First Amendment Ever Come Second?, Ann Beeson, Jacob M. Lewis, Charles Sims, Lee Tien Mar 2003

Panel Iii: Www.Thegovernmenthasdecideditisinyour(Read:Our)Bestinterestsnottoviewthis.Com: Should The First Amendment Ever Come Second?, Ann Beeson, Jacob M. Lewis, Charles Sims, Lee Tien

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Festering Questions After Festo, Harold C. Wegner Mar 2003

Festering Questions After Festo, Harold C. Wegner

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Internet Killed The Video Star: How In-House Internet Distribution Will Affect Profit Participants , Konrad Gatien Mar 2003

Internet Killed The Video Star: How In-House Internet Distribution Will Affect Profit Participants , Konrad Gatien

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Advancing Science While Protecting Developing Countries From Exloitation Of Their Resources And Knowledge, Elizabeth Longacre Mar 2003

Advancing Science While Protecting Developing Countries From Exloitation Of Their Resources And Knowledge, Elizabeth Longacre

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel Ii: Mickey Mice? Potential Ramifications Of Eldred V. Ashcroft, David O. Carson, Eben Moglen, Wendy Seltzer, Charles Sims Mar 2003

Panel Ii: Mickey Mice? Potential Ramifications Of Eldred V. Ashcroft, David O. Carson, Eben Moglen, Wendy Seltzer, Charles Sims

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Globe Newspaper Co. V. Commonwealth: An Examination Of The Media’S “Right” To Retest Postconviction Dna Evidence, Emily S. Munro Jan 2003

Globe Newspaper Co. V. Commonwealth: An Examination Of The Media’S “Right” To Retest Postconviction Dna Evidence, Emily S. Munro

Richmond Journal of Law & Technology

In January of 2000, Governor George Ryan of Illinois issued a statewide moratorium on capital punishment, citing among his reasons the fact that more convicted killers had been exonerated than executed since Illinois reinstated the death penalty in 1977. In 2001 Maryland’s governor issued a temporary moratorium on capital punishment, pending the results of a University of Maryland death penalty study. The North Carolina Senate recently approved a bill that would suspend all state executions for two years, after twenty-one North Carolina municipalities passed resolutions favoring a moratorium and two death-row inmates were awarded new trials.


Unmasking Crack_Smoking_Jesus: Do Internet Service Providers Have A Tarasoff Duty To Divulge The Identity Of A Subscriber Who Is Making Death Threats, Jon B. Eisenberg, Jeremy B. Rosen Jan 2003

Unmasking Crack_Smoking_Jesus: Do Internet Service Providers Have A Tarasoff Duty To Divulge The Identity Of A Subscriber Who Is Making Death Threats, Jon B. Eisenberg, Jeremy B. Rosen

UC Law SF Communications and Entertainment Journal

Based on a personal experience. During ongoing litigation, the authors' clients began receiving pseudonymous threats by email and on an Internet message board maintained by Yahoo! Inc. This experience led the authors to ask themselves a question: What should lawyers do when their clients receive anonymous death threats electronically during the pendency of litigation? In their case, the Federal Bureau of Investigation (FBI) determined the identity of the perpetrator and the local United States Attorney's office eventually commenced prosecution. However, pursuant to rules of federal grand jury secrecy, the perpetrator's identity still remained a secret. When the identity was sought …


The Perils Of Telemarketing Under The Telephone Consumer Protection Act Sending Unsolicited Faxes Costs Dallas Cowboys $1.73 Million, Leaves Dallas Mavericks Under Full Court Pressure, Paul J. Batista Jan 2003

The Perils Of Telemarketing Under The Telephone Consumer Protection Act Sending Unsolicited Faxes Costs Dallas Cowboys $1.73 Million, Leaves Dallas Mavericks Under Full Court Pressure, Paul J. Batista

UC Law SF Communications and Entertainment Journal

In 1991, Congress passed the Telephone Consumer Protection Act (TCPA) to "protect the privacy interests" of outraged constituents who received annoying phone calls from telemarketers. The Act prohibits sending unsolicited faxes to unwilling recipients, and creates fines up to $1,500 for each individual fax. The Dallas Mavericks have been sued under the Act, creating potential liability of $135 million. Fax broadcasters have unsuccessfully challenged the Act under the First and Fifth Amendments. The Act grants jurisdiction to individual state courts, and a Georgia case has resulted in a final judgment of $11,899,000.


Jazz Photo And The Doctrine Of Patent Exhaustion: Implications To Trips And International Harmonization Of Patent Protection, Daniel Erlikman Jan 2003

Jazz Photo And The Doctrine Of Patent Exhaustion: Implications To Trips And International Harmonization Of Patent Protection, Daniel Erlikman

UC Law SF Communications and Entertainment Journal

The doctrine of patent exhaustion prevents the patent owner from controlling the further destiny of the patented invention once the owner authorized the first sale or use of the product in the marketplace. In recent years, the United States Court of Appeals for the Federal Circuit advanced a modified rule of exhaustion, which permits the U.S. patent holder to contractually restrict the first purchaser's subsequent re-use or re-sale of the product. The recent Jazz Photo decision is a controversial and unjustified switch from existing U.S. jurisprudence in the field of patent exhaustion and parallel imports. By applying a territorial rule …