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Articles 1 - 30 of 41
Full-Text Articles in Law
The Dmca Rulemaking Mechanism: Fail Or Safe?, Maryna Koberidze
The Dmca Rulemaking Mechanism: Fail Or Safe?, Maryna Koberidze
Maryna Koberidze
From Bards To Search Engines: Finding What Readers Want From Ancient Times To The World Wide Web, Stephen Maurer
From Bards To Search Engines: Finding What Readers Want From Ancient Times To The World Wide Web, Stephen Maurer
Stephen M. Maurer
Copyright theorists often ask how incentives can be designed to create better books, movies, and art. But this is not the whole story. As the Roman satirist Martial pointed out two thousand years ago, markets routinely ignore good and even excellent works. The insight reminds us that incentives to find content are just as necessary as incentives to make it. Recent social science research explains why markets fail and how timely interventions can save deserving titles from oblivion. This article reviews society’s long struggle to fix the vagaries of search since the invention of literature. We build on this history …
Sharing Stupid $H*T With Friends And Followers: The First Amendment Rights Of College Athletes To Use Social Media, Meg Penrose
Sharing Stupid $H*T With Friends And Followers: The First Amendment Rights Of College Athletes To Use Social Media, Meg Penrose
Meg Penrose
This paper takes a closer look at the First Amendment rights of college athletes to access social media while simultaneously participating in intercollegiate athletics. The question posed is quite simple: can a coach or athletic department at a public university legally restrict a student-athlete's use of social media? If so, does the First Amendment provide any restraints on the type or length of restrictions that can be imposed? Thus far, neither question has been presented to a court for resolution. However, the answers are vital, as college coaches and athletic directors seek to regulate their athletes in a constitutional manner.
Tinkering With Success: College Athletes, Social Media And The First Amendment, Meg Penrose
Tinkering With Success: College Athletes, Social Media And The First Amendment, Meg Penrose
Meg Penrose
Good law does not always make good policy. This article seeks to provide a legal assessment, not a policy directive. The policy choices made by individual institutions and athletic departments should be guided by law, but absolutely left to institutional discretion. Many articles written on college student-athletes' social media usage attempt to urge policy directives clothed in constitutional analysis. In this author's opinion, these articles have lost perspective-constitutional perspective. This article seeks primarily to provide a legal and constitutional assessment so that schools and their athletic departments will have ample information to then make their own policy choices.
A New Solution For Salary Disputes: Implementing Salary Arbitration In The National Basketball Association, Scott Bukstein
A New Solution For Salary Disputes: Implementing Salary Arbitration In The National Basketball Association, Scott Bukstein
Scott Bukstein JD
None
Adopting Subsequent Remuneration Right In Chinese Copyright Law, Xi Chen
Adopting Subsequent Remuneration Right In Chinese Copyright Law, Xi Chen
Xi Chen
One heavily and contentiously argued clause in Chinese Copyright Law amendments drafts focuses on the practicality of granting authors of audiovisual works the legal right to collect subsequent remunerations (SRR), when their works are reused in subsequent exploitations.
With the rapid increase of media channels for the Chinese movie industry, and other entertainment industries relying on a heavy usage of audiovisual work, authors demand that they should be entitled to the profit earned from derivative markets and other media channel beyond the first intended market. In order to balance the conflicting interest between the author and the producer, and to …
Law As Cinematic Apparatus: Image, Textuality, And Representational Anxiety In Spielberg's Minority Report, 37 Cumb. L. Rev. 25 (2006), Cynthia D. Bond
Law As Cinematic Apparatus: Image, Textuality, And Representational Anxiety In Spielberg's Minority Report, 37 Cumb. L. Rev. 25 (2006), Cynthia D. Bond
Cynthia D. Bond
No abstract provided.
We, The Judges: The Legalized Subject And Narratives Of Adjudication In Reality Television, 81 Umkc L. Rev. 1 (2012), Cynthia D. Bond
We, The Judges: The Legalized Subject And Narratives Of Adjudication In Reality Television, 81 Umkc L. Rev. 1 (2012), Cynthia D. Bond
Cynthia D. Bond
At first a cultural oddity, reality television is now a cultural commonplace. These quasi-documentaries proliferate on a wide range of network and cable channels, proving adaptable to any audience demographic. Across a variety of types of "reality" offerings, narratives of adjudication replete with "judges," "juries," and "verdicts"-abound. Do these judgment formations simply reflect the often competitive structure or subtext of reality TV? Or is there a deeper, more constitutive connection between reality TV as a genre and narratives of law and adjudication? This article looks beyond the many "judge shows" popular on reality TV (e.g., Judge Judy') to examine the …
Laws Of Race/Laws Of Representation: The Construction Of Race And Law In Contemporary American Film, 11 Tex. Rev. Ent. & Sports L. 219 (2010), Cynthia D. Bond
Laws Of Race/Laws Of Representation: The Construction Of Race And Law In Contemporary American Film, 11 Tex. Rev. Ent. & Sports L. 219 (2010), Cynthia D. Bond
Cynthia D. Bond
Popular film has a lot to teach us about social narratives of law. Both law and film are story-telling, narrative systems. Accordingly, films about law are "overdetermined" in terms of narrative: they are stories about stories. Race is also a narrative system in which visual representation is key. The significance of the visual apprehension of race is deeply relevant to the legal construction of race as well. For example, in early citizenship cases and racial "passing" cases which persisted through the latter part of the 2 0th century. Since society constructs racial categories in large part by visual identification and …
Ex Post Modernism: How The First Amendment Framed Nonrepresentational Art, Sonya G. Bonneau
Ex Post Modernism: How The First Amendment Framed Nonrepresentational Art, Sonya G. Bonneau
Sonya G Bonneau
Nonrepresentational art repeatedly surfaces in legal discourse as an example of highly valued First Amendment speech. It is also systematically described in constitutionally valueless terms: nonlinguistic, noncognitive, and apolitical. Why does law talk about nonrepresentational art at all, much less treat it as a constitutional precept? What are the implications for conceptualizing artistic expression as free speech?
This article contends that the source of nonrepresentational art’s presumptive First Amendment value is the same source of its utter lack thereof: modernism. Specifically, a symbolic alliance between abstraction and freedom of expression was forged in the mid-twentieth century, informed by social and …
Harlot's Ghost And Jfk: A Fictional Conversation With Norman Mailer, Oliver Stone, Earl Warren And Hugo Black, Rodney A. Smolla
Harlot's Ghost And Jfk: A Fictional Conversation With Norman Mailer, Oliver Stone, Earl Warren And Hugo Black, Rodney A. Smolla
Rod Smolla
Not available.
The Law And Science Of Video Game Violence: What Was Lost In Translation?, 31 Cardozo Arts & Ent. L.J. 297 (2013), William K. Ford
The Law And Science Of Video Game Violence: What Was Lost In Translation?, 31 Cardozo Arts & Ent. L.J. 297 (2013), William K. Ford
William K. Ford
"[A]s a general rule," writes Pulitzer Prize-winning journalist Edward Humes, "courts don't do science very well."' Susan Haack, a professor of law and philosophy, elaborates on why this may be true, offering several reasons for "deep tensions" between science and law. The reasons offered by Haack may be less of a concern where the dispute involves litigation against the government on significant questions of public policy. Recent decisions assessing the constitutionality of laws restricting minors' access to violent video games therefore offer an opportunity to examine how well the courts handled scientific evidence in a situation lacking some of the …
Copy Game For High Score: The First Video Game Lawsuit, 20 J. Intell. Prop. L. 1 (2012), William K. Ford
Copy Game For High Score: The First Video Game Lawsuit, 20 J. Intell. Prop. L. 1 (2012), William K. Ford
William K. Ford
Commentators and industry historians generally agree that the multi-billion dollar video game industry began forty years ago in November 1972 with Atari's release of Pong. Pong is among the simplest of video games: a version of ping pong or tennis requiring little more to play than a ball, two paddles, a scoring indicator, and a couple of memorable sounds. While it was not the first video game, Pong was the first video game hit. With unauthorized copying of a successful product occurring, it is not surprising that a lawsuit resulted in the fall of 1973, one that predates the more …
Games Are Not Coffee Mugs: Games And The Right Of Publicity, 29 Santa Clara Computer & High Tech. L.J. 1 (2012), William K. Ford, Raizel Liebler
Games Are Not Coffee Mugs: Games And The Right Of Publicity, 29 Santa Clara Computer & High Tech. L.J. 1 (2012), William K. Ford, Raizel Liebler
William K. Ford
Are games more like coffee mugs, posters, and T-shirts, or are they more like books, magazines, and films? For purposes of the right of publicity, the answer matters. The critical question is whether games should be treated as merchandise or as expression. Three classic judicial decisions, decided in 1967, 1970, and 1973, held that the defendants needed permission to use the plaintiffs' names in their board games. These decisions judicially confirmed that games are merchandise, not something equivalent to more traditional media of expression. As merchandise, games are not like books; instead, they are akin to celebrity-embossed coffee mugs. To …
The Lawyer Who Built Titletown: Gerald Clifford, The Green Bay Packers And Community Ownership, 14 U. Denv. Sports & Ent. L.J. 3 (2013), Maureen Collins
The Lawyer Who Built Titletown: Gerald Clifford, The Green Bay Packers And Community Ownership, 14 U. Denv. Sports & Ent. L.J. 3 (2013), Maureen Collins
Maureen B. Collins
No abstract provided.
Training The Dragon®: The Use Of Voice Recognition Software In The Legal Writing Classroom, 48 The L. Tchr. 181 (2014), Maureen Collins
Training The Dragon®: The Use Of Voice Recognition Software In The Legal Writing Classroom, 48 The L. Tchr. 181 (2014), Maureen Collins
Maureen B. Collins
We are surrounded by technology – most of it designed to make our personal and professional lives easier. We have voice-assisted software at our fingertips. One conversation with Siri® and we know where to dine or who starred in our favorite movie. In the legal profession, technology is used not only to process words, but to conduct legal research, manage voluminous litigation documents, and track information on opposing counsel. Surely, then, there is a place for technology in the legal writing process.
Law, Literature, And The Legacy Of Virginia Woolf: Stories And Lessons In Feminist Legal Theory, 21 Tex. J. Women & L. 1 (2011), Susan Brody
Susan L. Brody
No abstract provided.
Twilight: The Unveiling Of Victims, Stalking, And Domestic Violence, 21 Cardozo J. L. & Gender 39 (2014), Susan L. Brody
Twilight: The Unveiling Of Victims, Stalking, And Domestic Violence, 21 Cardozo J. L. & Gender 39 (2014), Susan L. Brody
Susan L. Brody
No abstract provided.
Critical Look At The So-Called Locker Room Mentality As A Means To Rationalize The Drug Testing Of Student Athletes, Walter Champion
Critical Look At The So-Called Locker Room Mentality As A Means To Rationalize The Drug Testing Of Student Athletes, Walter Champion
Walter T Champion Jr.
No abstract provided.
Fictional Persona Test: Copyright Preemption In Human Audiovisual Characters, Peter K. Yu
Fictional Persona Test: Copyright Preemption In Human Audiovisual Characters, Peter K. Yu
Peter K. Yu
Whether a producer's copyright in human audiovisual characters preempts the actors' rights of publicity claims is the focus of this Note. Part I outlines the framework of state right of publicity law and traces the development of case law involving such a right. Because "[a]dvertisers who want to run a particular advertisement nationally must comply with the law of all fifty states," this Note focuses on the right of publicity of the state with the broadest interpretation-the state of California. This Part shows that, under existing California right of publicity law, virtually anything evoking one's personal identity, including copyrighted materials, …
The Copyright Divide, Peter K. Yu
The Copyright Divide, Peter K. Yu
Peter K. Yu
Most recently, the recording industry filed 261 lawsuits against individuals who illegally downloaded and distributed a large amount of music via peer-to-peer file-sharing networks, such as KaZaA, Grokster, iMesh, and Gnutella. Although the industry's recent approach was controversial and resulted in major criticisms from legislators, academics, civil libertarians, consumer advocates, and university officials, the copyright holders' aggressive tactics are not new.
In fact, copyright holders have been known for using, or encouraging their government to use, coercive power to protect their creative works. Only a decade ago, the U.S. copyright industries have lobbied their government to use strong-armed tactics to …
Digital Copyright And Confuzzling Rhetoric, Peter K. Yu
Digital Copyright And Confuzzling Rhetoric, Peter K. Yu
Peter K. Yu
The entertainment industry tells people they shouldn’t steal music because they wouldn’t steal a car, but has anybody ever downloaded a car? Music fans praise Napster and other file-sharing services for helping to free artists from the stranglehold of the music industry, but how many of these services actually have shared profits with songwriters and performing artists? Industry representatives claim that people use YouTube primarily to listen to or watch copyrighted contents, but are they missing a big piece of the user-generated content picture? Artists are encouraged to forget about copyright and hold live concerts instead, but can all artists …
The Graduated Response, Peter K. Yu
The Graduated Response, Peter K. Yu
Peter K. Yu
In the past few years, the entertainment industry has deployed aggressive tactics toward individual end-users, online service providers, and other third parties. One of the latest proposals that the industry has been exploring is the so-called “graduated response” or “three strikes” system, which threatens to suspend the service of internet users after they have received two warnings from their ISPs about potentially illegal online file-sharing activities.
In December 2008, the RIAA made a formal public announcement of its change of focus toward greater cooperation with ISPs. This new collaborative effort seeks to replace the highly unpopular lawsuits the industry has …
The Escalating Copyright Wars, Peter K. Yu
The Escalating Copyright Wars, Peter K. Yu
Peter K. Yu
Piracy is one of the biggest threats confronting the entertainment industry today. Every year, the industry is estimated to lose billions of dollars in revenue and faces the potential loss of hundreds of thousands of jobs. To protect itself against Internet pirates, the entertainment industry has launched the latest copyright war. So far, the industry has been winning. Among its trophies are the enactment of the Digital Millennium Copyright Act, Vivendi Universal's defeat and purchase of MP3.com, the movie studios' victory in the DeCSS litigation, the bankruptcy and subsequent sale of Napster and its recent relaunch as a legitimate subscription-based …
Antidiscrimination Laws & Artistic Expression, Steven H. Shiffrin, Gregory R. Smith
Antidiscrimination Laws & Artistic Expression, Steven H. Shiffrin, Gregory R. Smith
Steven H. Shiffrin
No abstract provided.
Mlb Teams Should Pay For Fan Injuries, Kent Greenfield
Mlb Teams Should Pay For Fan Injuries, Kent Greenfield
Kent Greenfield
No abstract provided.
Two Concepts Of Liberty Valance: John Ford, Isaiah Berlin, And Tragic Choice On The Frontier, 37 Creighton L. Rev. 471 (2004), Timothy P. O'Neill
Two Concepts Of Liberty Valance: John Ford, Isaiah Berlin, And Tragic Choice On The Frontier, 37 Creighton L. Rev. 471 (2004), Timothy P. O'Neill
Timothy P. O'Neill
No abstract provided.
There Will Be Blame: Misfortune And Injustice In The Sweet Hereafter, 5 U. Denv. Sports & Ent. L.J. 19 (2008), Timothy P. O'Neill
There Will Be Blame: Misfortune And Injustice In The Sweet Hereafter, 5 U. Denv. Sports & Ent. L.J. 19 (2008), Timothy P. O'Neill
Timothy P. O'Neill
No abstract provided.
Copyright Under Siege: An Economic Analysis Of The Essential Facilities Doctrine And The Compulsory Licensing Of Copyrighted Works, 17 Alb. L.J. Sci. & Tech. 481 (2007), Daryl Lim
Daryl Lim
No abstract provided.
Self-Replicating Technologies And The Challenge For The Patent And Antitrust Laws, 32 Cardozo Arts & Ent. L.J. 131 (2013), Daryl Lim
Daryl Lim
Few patented inventions challenge the traditional boundaries of the patent and antitrust laws like those that are capable of multiplying as they are used. These self-replicating technologies are embedded in our food, fortify our vaccines, and form the computer code upon which the information age is based. These inventions create an inherent conflict between patentees and their customers. The conflict arises because every customer could become competitors as the product replicates, potentially making every first sale the patentee's last. They also challenge how we think about fundamental issues of ownership as well as innovation and market competition, and make it …