Law Commons^™

When Is Time Brokerage A Transfer Of Control? The Fcc’S Regulation Of Local Marketing Agreements And The Need For Rulemaking, Michael E. Lewyn

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

It Had To Be Hue: The Meaning Of Color “Pure And Simple”, Karin S. Schwartz

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Dilution Doctrine: Towards A Reconciliation With The Lanham Act, Elliot B. Staffin

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Reverse Confusion: Modifying The Polaroid Factors To Achieve Consistent Results, Molly S. Cusson

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Hard Cap Or Soft Cap: The Optimal Player Mobility Restrictions For The Professional Sports Leagues, Alan M. Levine

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Rules Of The Road: The Constitutional Limits Of Restricting Indecent Speech On The Information Superhighway, Stacey J. Rappaport

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Trade Dress: Who Should Bear The Burden Of Proving Or Disproving Functionality In A Section 43(A) Infringement Claim?, Danielle Rubano

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Rico And The First Amendment: Alexander V. United States, Bruno C. Bier

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Strategic Targeting Of Diligence: A New Perspective On Stemming The Illicit Trade In Art, Julia A. Mccord

Indiana Law Journal

No abstract provided.

Fictionalizing Harassment—Disclosing The Truth, Maria L. Ontiveros

Michigan Law Review

A Review of Disclosure by Michael Crichton, and Bearing Witness: Sexual Harassment and Beyond—Everywoman's Story by Celia Morris

The Last Butskellite, John D. Ayer

Michigan Law Review

A Review of Acts of Hope: Creating Authority in Literature, Law, and Politics by James B. White

Kill All The Lawyers?: Shakespeare's Legal Appeal, Kevin T. Traskos

Michigan Law Review

A Review of Kill All the Lawyers?: Shakespeare's Legal Appeal by Daniel J. Kornstein

The Illicit Trade In Cultural Property: What Is The Appropriate Response?, Stacey R. Jessiman

Stacey R Jessiman

This April 1995 article explores the potential efficacy of the draft 1995 UNIDROIT CONVENTION ON STOLEN OR ILLEGALLY EXPORTED CULTURAL OBJECTS and preferred responses to the illicit trade in cultural property.

From The Diamonds To The Courts: Major League Baseball V. The Commissioner, Lydia Lavelle

North Carolina Central Law Review

No abstract provided.

Babe Ruth As Legal Hero, Robert M. Jarvis

Florida State University Law Review

No abstract provided.

Flag On The Play? The Siphoning Effect On Sports Television, Phillip M. Cox Ii

Federal Communications Law Journal

The tradition of watching the Sunday afternoon football game in front of the television began in 1939. Since then, sports broadcasting has become one of the most powerful revenue-building tools for both media and sports leagues alike. Sports programming is increasingly available only through cable and pay-per-view television, which limits viewers' access to free broadcast televised sporting events. Legislators have now directed the Federal Communications Commission to study the effects of paid access to sports broadcasts, with an eye toward protecting viewers' rights to free access to sports on television.

This Note explains the impact of the Sports Broadcasting Act …

Strange Fixation: Bootleg Sound Recordings Enjoy The Benefits Of Improving Technology, David Schwartz

Federal Communications Law Journal

Entrepreneurs have manufactured unauthorized sound recordings since the'turn of the century. At first, most of these recordings were counterfeits and copies of existing recordings. Starting in the late 1960s, a new genre of unauthorized recording, the "bootleg," found eager listeners, particularly among fans of rock music. Bootlegs offered music that was unavailable elsewhere such as concert recordings and unfinished studio recordings. The widespread availability of compact discs and ever improving recording technology means that some new bootlegs sound better than ever.

This Note explores the history of bootlegs and how copyright law has tried to come to grips with the …

Supreme Court Roundtable: Fogerty V. Fantasy, Inc. And Campbell V. Acuff-Rose Music, Inc., Beryl R. Jones-Woodin

Faculty Scholarship

No abstract provided.

Prejudgment Interest And The Copyright Act Of 1976, James L. Bernard

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Changing Landscape Of First Amendment Jurisprudence In Light Of The Technological Advances In Media, John M. Phelan, Robert F. Schneider, Steven Shapiro, Jacob Zamansky

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Censorship On The Internet: Do Obscene Or Pornographic Materials Have A Protected Status?, Paula Franzese, J. Robert Flores, Peter D. Kennedy, Robert T. Perry

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Privacy Debate: To What Extent Should Traditionally “Private” Communications Remain Private On The Internet?, Joel Reidenberg, Norman I. Silber, Peter D. Kennedy, Ronald Abramson

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Imperishable Intellectual Creations: The Limits Of The First Sale Doctrine, I. Neel Chatterjee

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Qualitex Co. V. Jacobson Prods., Inc.: The Supreme Court “Goes For The Gold” And Allows Trademark Protection For Color Per Se, Daniel R. Schechter

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Baseball's Antitrust Exemption, Michael H. Juarez

UC Law SF Communications and Entertainment Journal

Major League Baseball (Baseball) traditionally has enjoyed an exemption from antitrust laws even though Baseball is a business that clearly engages in interstate commerce. This antitrust immunity has allowed owners to restrict franchise expansion and relocation as well as to shackle players to a given team by using the reserve system. 1993 congressional hearings indicate that Congress has maintained the exemption in exchange for Baseball acting in the best interests of the American public. However, incidents over the past few years point to Baseball's repeated disregard of the public interest. This Note contrasts the relevant case law and congressional response …

Emerging Antitrust Issues Affecting The Computer Industry, Kelly A. O'Connor

UC Law SF Communications and Entertainment Journal

Computer industry marketing practices have been subject to frequent challenge under U.S. antitrust laws since the early 1980s. These challenges have principally been based on tying arrangement analysis under section 1 of the Sherman Act and section 3 of the Clayton Act, or monopolization under section 2 of the Sherman Act. This article discusses the background of the Supreme Court's treatment of computer industry marketing practices under U.S. antitrust law, establishes qualifications for acceptable marketing practices by reviewing the recent Supreme Court decisions Eastman Kodak Co. v. Image Technical Services and Data General Corp. v. Grumman System Support Corp., and …

The Know-How Gap In The Trips Agreement: Why Software Fared Badly, And What Are The Solutions, J. H. Reichman

UC Law SF Communications and Entertainment Journal

The TRIPS Agreement establishes universal minimum standards of intellectual property protection that will enable software producers to repress the wholesale duplication of their products in the global marketplace. These standards, however, will not effectively require World Trade Organization member states to issue software patents or to provide copyright protection for the functionally determined components of computer programs that account for most of their commercial value. Nor does this Agreement prevent the reverse engineering of technical ideas by honest means if competitors express their analytical results in independently created programs.

This Article discusses the impact of the TRIPS provisions governing patents, …

American Geophysical Union V. Texaco: Is The Second Circuit Playing Fair With The Fair Use Doctrine, Shannon S. Wagoner

UC Law SF Communications and Entertainment Journal

In American Geophysical Union v. Texaco, the Second Circuit held that a corporate employee's unauthorized photocopying of eight journal articles for personal research and reference is not a fair use under the Copyright Act. This decision tested the legal parameters of photocopying by for-profit institutions, and established that traditional copying practices will now expose many private organizations to infringement liability. This Note examines the Texaco case, the Copyright Act, and the Copyright Clearance Center, an organization which played a pivotal role in the Second Circuit's decision. The author contends that the Texaco decision is contrary to the original purpose of …

Swifties, Shifties, And That E-Biz Jazz: The Ethical Roles Of Attorney/Literary Agents, Bruce S. Stuart

UC Law SF Communications and Entertainment Journal

It is no secret that attorney authors are making their mark on the book publishing industry as books by and about lawyers occupy more than a fair share of both THE NEW YoRK TIMES and PUBLISHER'S WEEKLY bestseller lists. But what about the lawyers behind the scenes-those who broker those bestseller deals? From the late literary agent extraordinaire Swifty Lazar to power literary deal maker Morton Janklow, this Article will examine how the attorney literary agent evolved and the ethical considerations incumbent upon attorneys who also don the hat of author representative.

This article will demonstrate through the use of …

A Proposed Defamation Standard For Commercial Information Systems, Frank P. Darr

UC Law SF Communications and Entertainment Journal

The computer bulletin board presents a difficult legal problem when defamation is at issue. Because defamation standards vary with the role of the publisher in the distribution process, the legal responsibility of the bulletin board's sponsor is uncertain.

This Article criticizes the current analogical approach used by the courts. It also rejects the negligence and strict liability rules. Instead, the Article proposes a "reason to know and reasonable time to remove standard," which comports with constitutional requirements, practical limits to preventing defamation, and the countervailing need to prevent injury.