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Articles 1 - 30 of 57
Full-Text Articles in Law
Popular Culture's Portrayal Of Attorney Decision-Making And It's Consequences- An Analysis Of An Attorney's Internal Ethical Conflict In Film, Tara M. Parente
Popular Culture's Portrayal Of Attorney Decision-Making And It's Consequences- An Analysis Of An Attorney's Internal Ethical Conflict In Film, Tara M. Parente
Tara M. Parente
This paper explores how popular culture portrays attorney decision-making and its consequences. This paper compares and contrasts two films in order to exemplify how attorneys are portrayed throughout film and how this carries over into real life. Attorneys are faced with ethical dilemmas at all times, especially throughout career advancement and the decisions made tend to affect every aspect of an attorney's life.
Principles Of Contract Law Applied To Entertainment And Sports Contracts: A Model For Balancing The Rights Of The Industry With Protecting The Interests Of Minors, Richard J. Hunter Jr., John H. Shannon
Principles Of Contract Law Applied To Entertainment And Sports Contracts: A Model For Balancing The Rights Of The Industry With Protecting The Interests Of Minors, Richard J. Hunter Jr., John H. Shannon
Richard J Hunter Jr.
This paper discusses the context of common law and statutory materials dealing with a minor who participate in the entertainment and sports fields. The paper describes the changes undertaken as a result of several notorious cases involving prominent child actors and how the California legislature dealt with issues ranging from set asides of income, approval of contracts by a competent court of jurisdiction, recognition of the legitimate interests of all parties to the contract, to principles under which a minor would be precluded from disaffirming a contract. The paper then applies and extends the principles developed in entertainment contracts to …
The Google Art Project: An Analysis From A Legal And Social Perspective On Copyright Implications, Katrina Wu
The Google Art Project: An Analysis From A Legal And Social Perspective On Copyright Implications, Katrina Wu
Katrina Wu
The Google Art Project is an ambitious attempt by Google to curate worldwide artwork online in the highest resolution possible. Google accomplishes this by partnering with museums where museums provide access to art collections and Google provides the technology to capture high quality images. Under this existing model, Google places the burden of copyright clearances on museums and removes images from online if requested by copyright owners. An endeavor like the Google Art Project is not unprecedented however, when Google attempted to put the world’s books online under the Google Books Project, scanning millions of titles and offering snippets for …
"Statutory Damages" In Copyright Law And The Mp3.Com Case, Michael B. Landau
"Statutory Damages" In Copyright Law And The Mp3.Com Case, Michael B. Landau
Michael B. Landau
No abstract provided.
Csi Las Vegas: Privacy, Policing, And Profiteering In Casino Structured Intelligence, Jessica D. Gabel
Csi Las Vegas: Privacy, Policing, And Profiteering In Casino Structured Intelligence, Jessica D. Gabel
Jessica Gabel Cino
This Article argues that the intricate, vast amounts of consumer information compiled through casino structured intelligence require greater protection and oversight in the contexts of both bankruptcy and law enforcement. Section II examines the various types of casino technology and information gathering that casinos perform. Section III considers the available protections of private information in terms of security breaches, law enforcement sharing, and sales in the context of a bankruptcy. Section IV discusses additional safeguards and ethical concerns that should be considered as casinos continue to increase their data mining efforts. Finally, Section V concludes that, minimally, consumers are entitled …
Refugee Law In Context: Natural Law, Legal Positivism And The Convention, Isaac Kfir
Refugee Law In Context: Natural Law, Legal Positivism And The Convention, Isaac Kfir
Isaac Kfir
The contemporary international refugee system was product of a desire to provide protection and assistance to those who have a well-founded fear of persecution, a somewhat sophistic term in the twenty-first century, which may explain why the system has become cumbersome, incoherent and divisive. One explanation for the tension within the refugee regime is that states—mainly western states—seek to reduce refugee applications while adhering and upholding their international obligations. Another explanation is that it is tensions between two legal traditions—natural law and legal positivism—that are shape the international refugee law that have led to the crisis, preventing a clear legal …
Panelist, Impact Of Regulation And The Fda On Stem Cell Development, Mary Ann Chirba
Panelist, Impact Of Regulation And The Fda On Stem Cell Development, Mary Ann Chirba
Mary Ann Chirba
No abstract provided.
Intellectual Property, Marathons, And Other Running Events, John C. Zwisler
Intellectual Property, Marathons, And Other Running Events, John C. Zwisler
John C Zwisler
No abstract provided.
What’S New In The Network Neutrality Debate, Rob Frieden
What’S New In The Network Neutrality Debate, Rob Frieden
Rob Frieden
For over ten years, academics, practitioners, policy makers, consumers and other stakeholders have debated whether and how governments should regulate the Internet with an eye toward promoting accessibility, affordability and neutrality. This issue has triggered grave concerns about the Internet’s ability to continue generating substantial and widespread benefits. Advocates for various outcomes have vastly different assessments about many baseline subjects including the viability of sustainable competition and self-regulation. Consumers become agitated and confused by different framing of the issues, particularly when participants in the Internet ecosystem cannot reach closure on interconnection and compensation issues. Increasingly these disputes trigger temporary degradation …
Internet Protocol Television And The Challenge Of “Mission Critical” Bits, Rob Frieden
Internet Protocol Television And The Challenge Of “Mission Critical” Bits, Rob Frieden
Rob Frieden
The Internet increasingly provides an alternative distribution medium for video and other types of high value, bandwidth intensive content. Many consumers have become “technology agnostic” about what kind of wireline or wireless medium provides service. However, they expect carriers to offer access anytime, anywhere, via any device and in any format. These early adopters of new technologies and alternatives to “legacy” media have no patience with the concept of “appointment television” that limits access to a specific time, on a single channel and in only one presentation format. This paper assesses whether and how Internet Service Providers (“ISPs”) can offer …
Troubled Waters: Diana Nyad And The Birth Of The Global Rules Of Marathon Swimming, Hadar Aviram
Troubled Waters: Diana Nyad And The Birth Of The Global Rules Of Marathon Swimming, Hadar Aviram
Hadar Aviram
On September 3, 2013, Diana Nyad reported having completed a 110-mile swim from Cuba to Florida. The general enthusiasm about her swim was not echoed in the marathon swimming community, whose members expressed doubts about the integrity and honesty of the swim. The community debate that followed gave rise to the creation of the Global Rules of Marathon Swimming, the first effort to regulate the sport. This Article uses the community’s reaction to Nyad’s deviance to examine the role that crime and deviance plays in the creation and modification of legal structures. Relying on Durkheim’s functionalism theory, the Article argues …
The Costs And Benefits Of Regulatory Intervention In Internet Service Provider Interconnection Disputes: Lessons From Broadcaster-Cable Retransmission Consent Negotiations, Rob Frieden
Rob Frieden
This paper considers what limited roles the FCC may lawfully assume to ensure timely and fair interconnection and compensation agreements in the Internet ecosystem. The paper examines the FCC’s limited role in broadcaster-cable television retransmission consent negotiations with an eye toward assessing the applicability of this model. The FCC explicitly states that it lacks jurisdiction to prescribe terms, or to mandate binding arbitration. However, it recently interpreted its statutory authority to ensure “good faith” negotiations as allowing it to constrain broadcaster negotiating leverage by prohibiting multiple operators, having the largest market share, from joining in collective negotiations with cable operators. …
Internet Protocol Television And The Challenge Of “Mission Critical” Bits., Rob Frieden
Internet Protocol Television And The Challenge Of “Mission Critical” Bits., Rob Frieden
Rob Frieden
The Internet increasingly provides an alternative distribution medium for video and other types of high value, bandwidth intensive content. Many consumers have become “technology agnostic” about what kind of wireline or wireless medium provides service. However, they expect carriers to offer access anytime, anywhere, via any device and in any format. These early adopters of new technologies and alternatives to “legacy” media have no patience with the concept of “appointment television” that limits access to a specific time, on a single channel and in only one presentation format. This paper assesses whether and how Internet Service Providers (“ISPs”) can offer …
A European Solution To America’S Basketball Problem: Reforming Amateur Basketball In The United States, Jaimie K. Mcfarlin, Joshua Lee
A European Solution To America’S Basketball Problem: Reforming Amateur Basketball In The United States, Jaimie K. Mcfarlin, Joshua Lee
Jaimie K. McFarlin
The system of amateur and collegiate basketball in America is flawed, as every year, thousands of young men and women pursue their basketball dreams under the shadow of a multi-million dollar, predatory business model. Integral to telling the history of the NCAA and AAU organizations are recruiting horror stories and other examples of young talents who were taken advantage of by unscrupulous actors, both of which continue today. The commercialization and professionalization of amateur basketball has fed an ecosystem of exploitation in which private actors and institutions capitalize on the American mantra of "amateurism." The European system of amateur athletics …
Reforming Copyright Interpretation, Zahr K. Said
Reforming Copyright Interpretation, Zahr K. Said
Zahr K Said
This Article argues that copyright law needs to acknowledge and reform its interpretive choice regime. Even though judges face potentially outcome-determinative choices among competing sources of interpretive authority when they adjudicate copyrightable works, their selection of interpretive methods has been almost entirely overlooked by scholars and judges alike. This selection among competing interpretive methods demands that judges choose where to locate their own authority: in the work itself; in the context around the work, including its reception, or in the author’s intentions; in expert opinions; or in judicial intuition. Copyright’s interpretive choice regime controls questions of major importance for the …
Trademark Law And The Prickly Ambivalence Of Post-Parodies, Charles E. Colman
Trademark Law And The Prickly Ambivalence Of Post-Parodies, Charles E. Colman
Charles E. Colman
This Essay examines what I call "post-parodies" in apparel. This emerging genre of do-it-yourself fashion is characterized by the appropriation and modification of third-party trademarks — not for the sake of dismissively mocking or zealously glorifying luxury fashion, but rather to engage in more complex forms of expression. I examine the cultural circumstances and psychological factors giving rise to post-parodic fashion, and conclude that the sensibility causing its proliferation is one grounded in ambivalence. Unfortunately, current doctrine governing trademark parodies cannot begin to make sense of post-parodic goods; among other shortcomings, that doctrine suffers from crude analytical tools and a …
The Nba's 2011 Collectively Bargained Amnesty Clause-Exploring The Fundamentals, Adam Epstein, Kathryn Kisska-Schulze
The Nba's 2011 Collectively Bargained Amnesty Clause-Exploring The Fundamentals, Adam Epstein, Kathryn Kisska-Schulze
Adam Epstein
The purpose of this article is to fundamentally introduce the amnesty clause, a relatively new provision in the labor and employment law discussions involving sport. The expression amnesty clause or amnesty provision is found in the 2011 NBA CBA. To date, academic references to the amnesty clause within the sport genre are virtually non-existent. The amnesty clause provides NBA teams a tool to release players from their contracts if they feel that the player turned out to be a bad investment, regardless of the reason. Additionally, by releasing a player under an amnesty clause provision, the team exercising the clause …
“Can I Profit From My Own Name And Likeness As A College Athlete?” The Predictive Legal Analytics Of A College Player’S Publicity Rights Vs. First Amendment Rights Of Others, Roger M. Groves
Roger M. Groves
Two federal court decisions during 2013 have changed the game for college students versus the schools, the NCAA and video game makers. This article explores whether for the first time in history these athletes can profit from their own name and likeness and prevent others from doing so. But those cases still leave many untested applications to new facts – facts that the courts have not faced. Particularly intriguing is how 21st Century technology will apply to this area in future litigation. No publicity rights case or article to date has explored the application of predictive analytics, computer programs, algorithms, …
Federal And State Open Records Laws: Their Effects On The Internal Auditors Of Colleges And Universities, Michael D. Akers, Gregory J. Naples, Luke J. Chiarelli
Federal And State Open Records Laws: Their Effects On The Internal Auditors Of Colleges And Universities, Michael D. Akers, Gregory J. Naples, Luke J. Chiarelli
Michael D. Akers
No abstract provided.
Off-Road Torts: The Difficulties Of Representing A Client Injured Due To Defects In Vehicles Modified For Off-Road Use Or Injured Due To A Dangerous Condition Of The Land., Nicholas Morgan
Nicholas Morgan
No abstract provided.
The Olympics, Ambush Marketing And Sochi Media, Adam Epstein
The Olympics, Ambush Marketing And Sochi Media, Adam Epstein
Adam Epstein
The purpose of this article is to explore the concept of ambush marketing and the legal environment surrounding it. With the advent of the Sochi Olympic Games held in February, 2014, ambush marketing again makes its way to the forefront of national and international attention. Certainly, the discussion of ambush marketing in advertising strategies would be a useful tool at any point in a law course that addresses intellectual property such as trademarks and domain names, and consumer protection issues in general. For decades, non-official sponsors of the Olympic Games have found ways to use the Olympic event platform to …
Breaking Up Is Hard To Do: Examining Whether College Conference Exit Fees Are An Enforceable Form Of Liquidated Damages Clause, Adam T. Kahn
Breaking Up Is Hard To Do: Examining Whether College Conference Exit Fees Are An Enforceable Form Of Liquidated Damages Clause, Adam T. Kahn
Adam T Kahn
No abstract provided.
Copyright Without Creators, Jonathan M. Barnett
Copyright Without Creators, Jonathan M. Barnett
Jonathan M Barnett
Copyright is typically justified by the rationale that profits induce authors and other artists to invest resources in cultural production. This rationale is vulnerable to the objection that some artists have intrinsic incentives to invest in cultural production and do not require significant capital to do so. Even accepting this objection, copyright is justified by an alternative rationale: it supports the profit-motivated intermediaries that bear the high costs and risks involved in evaluating, distributing and marketing content in mass-cultural markets. This “authorless” rationale is consistent with the intermediated structure of mature mass-cultural markets and accounts for long-standing features of copyright …
Hollywood Deals: Soft Contracts For Hard Markets, Jonathan Barnett
Hollywood Deals: Soft Contracts For Hard Markets, Jonathan Barnett
Jonathan M Barnett
Hollywood film studios, talent and other deal participants regularly commit to, and undertake production of, high-stakes film projects on the basis of unsigned “deal memos”, informal communications or draft agreements whose legal enforceability is uncertain. These “soft contracts” constitute a hybrid instrument that addresses a challenging transactional environment where neither formal contract nor reputation effects adequately protect parties against the holdup risk and project risk inherent to a film project. Parties negotiate the degree of contractual formality, which correlates with legal enforceability, as a proxy for allocating these risks at a transaction-cost savings relative to a fully formalized and specified …
Invalid Pre-Termination Grants And The Challenge To Obtain A Remedy, Samuel H. Jones
Invalid Pre-Termination Grants And The Challenge To Obtain A Remedy, Samuel H. Jones
Samuel H Jones
The 1976 Copyright Act created what is now commonly known as the termination right, which allows authors to unilaterally terminate prior grants of their copyrights and reclaim ownership. This right was created, in large part, to liberate authors from unremunerative agreements previously entered into when the value of their copyrighted works had not yet been realized. It can be a powerful tool for authors to leverage more favorable agreements than they were previously able, particularly when those copyrights are highly valued. To ensure authors’ ability to exercise this right, Congress enacted provisions in the 1976 Copyright Act that prohibit authors …
Cracking The Cable Conundrum: Government Regulation Of A La Carte Models In The Cable Industry, Jade Brewster
Cracking The Cable Conundrum: Government Regulation Of A La Carte Models In The Cable Industry, Jade Brewster
Jade Brewster
This Article examines the practice of cable bundling, a term describing how cable providers offer channels in “packages” of channels rather than allowing consumers to buy channels individually. These cable bundles have been criticized by politicians, academics, and the public alike, many of whom believe cable bundling simultaneously increases the price of cable and forces consumers to pay for programming they neither want nor use. Politicians have responded to these criticisms by advocating for legislation requiring cable companies to offer a la carte pricing options, in which customers can pick and choose individual channels. But evidence that an a la …
The Next Great Youtube: Improving Content Id To Foster Creativity, Cooperation, And Fair Compensation, Benjamin Boroughf
The Next Great Youtube: Improving Content Id To Foster Creativity, Cooperation, And Fair Compensation, Benjamin Boroughf
Benjamin Boroughf
YouTube prides itself on its automatic copyright detection and filtering program known as Content ID because it goes beyond YouTube’s legal responsibilities under the Digital Millennium Copyright Act and because it allows copyright holders to control and profit from their content. However, Content ID is not the technological paragon YouTube and some scholars see it as. By relying on a system that automatically matches, blocks, and monetizes videos that allegedly contain any amount of infringing content, both YouTube and copyright holders have promoted a system that opposes the Copyright Act and YouTube’s goals of promoting creativity and protecting fair use. …
Friend Or Faux: The Trademark Counterfeiting Act's Inability To Stop The Sale Of Counterfeit Sporting Goods, Jennifer Riso
Friend Or Faux: The Trademark Counterfeiting Act's Inability To Stop The Sale Of Counterfeit Sporting Goods, Jennifer Riso
Jennifer Riso
The demand for counterfeit sporting goods, such as jerseys and other apparel, is on the rise as the prices of authentic goods continue to increase. The Trademark Counterfeiting Act of 1984 criminalizes the import and sale of counterfeit goods, but is ineffective at addressing the demand side of counterfeit goods. This paper analyzes the history behind the Act and recommends ways to ensure that the act will stay relevant as technology makes it easier to purchase counterfeit goods.
The Transmit Clause Test: A Pragmatic Approach To A Contemporary Understanding Of The Ambiguity In The Copyright Act’S Transmit Clause, Samantha Tilipman
The Transmit Clause Test: A Pragmatic Approach To A Contemporary Understanding Of The Ambiguity In The Copyright Act’S Transmit Clause, Samantha Tilipman
Samantha Tilipman
The 1976 Copyright Act was a response to development of new technology and an attempt to clarify copyright law to promote further investment in the burgeoning sphere of cable systems.[1] In drafting the provisions of the new Act, Congress created the “Transmit Clause,” a key passage nestled into the definition of “to perform or display a work ‘publicly.’”[2]The ambiguity of the Transmit Clause has led the circuits to interpret it differently leading to conflicting caselaw on opposite ends of the nation. The purpose of this note is to provide the Supreme Court of the United States and …
Novel Ideas: Literary Agents, Writers, And The Law [Entertainment & Intellectual Property], William Byrnes
Novel Ideas: Literary Agents, Writers, And The Law [Entertainment & Intellectual Property], William Byrnes
William H. Byrnes
No abstract provided.