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Entertainment, Arts, and Sports Law

2014

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Articles 31 - 60 of 224

Full-Text Articles in Law

Balancing The First Amendment And Child Protection Goals In Legal Approaches To Restricting Children's Access To Violent Video Games: A Comparison Of Germany And The United States, Laura Tate Kagel Sep 2014

Balancing The First Amendment And Child Protection Goals In Legal Approaches To Restricting Children's Access To Violent Video Games: A Comparison Of Germany And The United States, Laura Tate Kagel

Georgia Journal of International & Comparative Law

No abstract provided.


Digital Music Sampling And Copyright Policy - A Bittersweet Symphony? Assessing The Continued Legality Of Music Sampling In The United Kingdom, The Netherlands, And The United States, Melissa Hahn Sep 2014

Digital Music Sampling And Copyright Policy - A Bittersweet Symphony? Assessing The Continued Legality Of Music Sampling In The United Kingdom, The Netherlands, And The United States, Melissa Hahn

Georgia Journal of International & Comparative Law

No abstract provided.


Lord Of The Reels: Can Georgia Learn From Canada's Success To Rescue Its Film Industry?, Woodrow W. Ware Iii Sep 2014

Lord Of The Reels: Can Georgia Learn From Canada's Success To Rescue Its Film Industry?, Woodrow W. Ware Iii

Georgia Journal of International & Comparative Law

No abstract provided.


The European Union, State-Sponsored Gambling, And Private Gambling Services: Time For Harmonization?, Matthew W. Mauldin Sep 2014

The European Union, State-Sponsored Gambling, And Private Gambling Services: Time For Harmonization?, Matthew W. Mauldin

Georgia Journal of International & Comparative Law

No abstract provided.


"Disillusioned Words Like Bullets Bark": Incitement To Genocide, Music, And The Trial Of Simon Bikindi, Robert H. Snyder Sep 2014

"Disillusioned Words Like Bullets Bark": Incitement To Genocide, Music, And The Trial Of Simon Bikindi, Robert H. Snyder

Georgia Journal of International & Comparative Law

No abstract provided.


Simply A Dress Rehearsal? U.S. Olympic Sports Arbitration And De Novo Review At The Court Of Arbitration For Sport, Maureen A. Weston Sep 2014

Simply A Dress Rehearsal? U.S. Olympic Sports Arbitration And De Novo Review At The Court Of Arbitration For Sport, Maureen A. Weston

Georgia Journal of International & Comparative Law

No abstract provided.


Making The Game Beautiful Again: Lessons From Brazil Provide A Roadmap For Rebuilding Soccer In Nigeria, John Cates Sep 2014

Making The Game Beautiful Again: Lessons From Brazil Provide A Roadmap For Rebuilding Soccer In Nigeria, John Cates

Georgia Journal of International & Comparative Law

No abstract provided.


Bcs Europa: An Analysis Of The Bowl Championship Series Under The European Commission White Paper On Sport, Deanna Brock Sep 2014

Bcs Europa: An Analysis Of The Bowl Championship Series Under The European Commission White Paper On Sport, Deanna Brock

Georgia Journal of International & Comparative Law

No abstract provided.


Intellectual Property, Marathons, And Other Running Events, John C. Zwisler Sep 2014

Intellectual Property, Marathons, And Other Running Events, John C. Zwisler

John C Zwisler

No abstract provided.


Moving All-In With The World Trade Organization: Ignoring Adverse Rulings And Gambling With The Future Of The Wto, Paul Rothstein Sep 2014

Moving All-In With The World Trade Organization: Ignoring Adverse Rulings And Gambling With The Future Of The Wto, Paul Rothstein

Georgia Journal of International & Comparative Law

No abstract provided.


What’S New In The Network Neutrality Debate, Rob Frieden Sep 2014

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 Sep 2014

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 Aug 2014

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 …


Internet Protocol Television And The Challenge Of “Mission Critical” Bits., Rob Frieden Aug 2014

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 …


Reforming Copyright Interpretation, Zahr K. Said Aug 2014

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 Aug 2014

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 …


Where Is The Awareness In Concussion Awareness: Can Concussed Players Really Assume The Risk In A Concussed State?, Heather Macgillivray Aug 2014

Where Is The Awareness In Concussion Awareness: Can Concussed Players Really Assume The Risk In A Concussed State?, Heather Macgillivray

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Score A Touchdown, Kiss Your Tattoo, And Get Sued For Copyright Infringement?, Darren A. Heitner, Alan Wilmot Aug 2014

Score A Touchdown, Kiss Your Tattoo, And Get Sued For Copyright Infringement?, Darren A. Heitner, Alan Wilmot

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


An Inside Look At The World Of Agents: Past Present, And Future: Panels 1 & 3, Andrew Brandt, David Cornwell, David Feher, Tom Condon Aug 2014

An Inside Look At The World Of Agents: Past Present, And Future: Panels 1 & 3, Andrew Brandt, David Cornwell, David Feher, Tom Condon

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Into The Wild: Can Regulation Of Wilderness Recreational Activities Improve Safety And Reduce Search And Rescue Incidents?, Anne Villella, T.K. Keen Aug 2014

Into The Wild: Can Regulation Of Wilderness Recreational Activities Improve Safety And Reduce Search And Rescue Incidents?, Anne Villella, T.K. Keen

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Stepping Up To The Plate: Can The City Of San Jose Overcome Baseball's Antitrust Exemption?, John Becker Aug 2014

Stepping Up To The Plate: Can The City Of San Jose Overcome Baseball's Antitrust Exemption?, John Becker

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Who Let The Dogs Out: Should A Stadium Owner Be Held Liable For Injuries Sustained From A Mascot's Errant Hot Dog Toss?, Joshua D. Winneker, David Gargone, Sam C. Ehrlich Aug 2014

Who Let The Dogs Out: Should A Stadium Owner Be Held Liable For Injuries Sustained From A Mascot's Errant Hot Dog Toss?, Joshua D. Winneker, David Gargone, Sam C. Ehrlich

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Fumble! How The North Carolina Courts Dropped The Ball In Mcadoo V. University Of North Carolina At Chapel Hill, Katherine D. Tohanczyn Aug 2014

Fumble! How The North Carolina Courts Dropped The Ball In Mcadoo V. University Of North Carolina At Chapel Hill, Katherine D. Tohanczyn

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Bargaining For The Next Gay Player: How Can Jason Collins Help To Develop The National Basketball Association Into A More Inclusive Workplace?, Timothy Galaz Aug 2014

Bargaining For The Next Gay Player: How Can Jason Collins Help To Develop The National Basketball Association Into A More Inclusive Workplace?, Timothy Galaz

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Official Timeout On The Field: Critics Have Thrown A Red Flag And Are Challenging The Nfl's Tax-Exempt Status, Calling For It To Be Revoked, Christian Schmed Aug 2014

Official Timeout On The Field: Critics Have Thrown A Red Flag And Are Challenging The Nfl's Tax-Exempt Status, Calling For It To Be Revoked, Christian Schmed

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


The Narrowest And Most Obvious Limits: Applying Fair Use To Appropriation Art Economically Using A Royalty System, Brittani Everson Aug 2014

The Narrowest And Most Obvious Limits: Applying Fair Use To Appropriation Art Economically Using A Royalty System, Brittani Everson

Catholic University Law Review

No abstract provided.


The Nba's 2011 Collectively Bargained Amnesty Clause-Exploring The Fundamentals, Adam Epstein, Kathryn Kisska-Schulze Jul 2014

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 Jul 2014

“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 Jul 2014

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.


Breaking Bad: An Examination Of The Ncaa's Investigation Practices Over The Last Forty Years, Ryan Appel Jul 2014

Breaking Bad: An Examination Of The Ncaa's Investigation Practices Over The Last Forty Years, Ryan Appel

University of Miami Business Law Review

No abstract provided.