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Articles 181 - 210 of 255
Full-Text Articles in Law
O’Bannon V. National Collegiate Athletic Association: Why The Ninth Circuit Should Not Block The Floodgates Of Change In College Athletics, Christopher Sagers, Michael A. Carrier
O’Bannon V. National Collegiate Athletic Association: Why The Ninth Circuit Should Not Block The Floodgates Of Change In College Athletics, Christopher Sagers, Michael A. Carrier
Law Faculty Articles and Essays
In O’Bannon v. National Collegiate Athletic Ass’n, then-Chief Judge Claudia Wilken of the U.S. District Court for the Northern District of California issued a groundbreaking decision, potentially opening the floodgates for challenges to National Collegiate Athletic Association (NCAA) amateurism rules. The NCAA was finally put to a full evidentiary demonstration of its amateurism defense, and its proof was found emphatically wanting. We agree with Professor Edelman that O’Bannon could bring about significant changes, but only if the Ninth Circuit affirms. We write mainly to address the NCAA’s vigorous pending appeal and the views of certain amici, and to explain our …
Weighing Down The Cloud: The Public Performance Right And The Internet After Aereo, Samuel J. Dykstra
Weighing Down The Cloud: The Public Performance Right And The Internet After Aereo, Samuel J. Dykstra
Loyola University Chicago Law Journal
In American Broadcasting Companies, Inc. v. Aereo, Inc., the Supreme Court concluded that Aereo’s streaming of broadcast television programs over the Internet to its subscribers was an infringing public performance under the Copyright Act of 1976 (“Copyright Act”). The Court interpreted the “Transmit Clause” of the Copyright Act to mean that when determining whether a performance created by a transmission is to “the public” the relevant audience is not that of a particular transmission, but of the work being transmitted. Thus, it did not matter that Aereo operated by creating unique copies and via separate transmissions available to only one …
Danger In The Dmca Safe Harbors: The Need To Narrow What Constitutes Red Flag Knowledge, Hank Fisher
Danger In The Dmca Safe Harbors: The Need To Narrow What Constitutes Red Flag Knowledge, Hank Fisher
University of Richmond Law Review
No abstract provided.
Taxing The Unheavenly Chorus: Why Section 501(C)(6) Trade Associations Are Undeserving Of Tax Exemption, Philip Hackney
Taxing The Unheavenly Chorus: Why Section 501(C)(6) Trade Associations Are Undeserving Of Tax Exemption, Philip Hackney
Articles
Our federal, state, and local governments provide a subsidy that enhances the political voice of business interests. This article discusses the federal subsidy for business interests provided through the Internal Revenue Code (“Code”) and argues why we should end that subsidy. Under the same section that provides exemption from income tax for charitable organizations, the Code also exempts nonprofit organizations classified as “business leagues, chambers of commerce, real-estate boards, boards of trade, or professional football leagues.” Theory supporting tax exemption states that we should subsidize nonprofit organizations that provide goods or services that are undersupplied by the market. A charitable …
Rubin V. Islamic Republic Of Iran, 1997-2015, Gabrielle Goodwin
Rubin V. Islamic Republic Of Iran, 1997-2015, Gabrielle Goodwin
Articles by Maurer Faculty
The case of Rubin v. Islamic Republic of Iran reads like a blockbuster movie with an all-star cast. A terrorist organization blows up a crowded shopping mall in Jerusalem, killing and injuring Americans in the process. Some of those severely injured sue the nation of Iran for their part in supporting Hamas, who carried out the bombing. Iran never makes a court appearance, so the plaintiffs win a default judgment for hundreds of millions of dollars. However, in trying to get some money out of Iran, the plaintiffs try to attach property in the United States, which may or may …
Study On Copyright Limitations And Exceptions For Museums, Lucie Guibault, Jean-François Canat, Elizabeth Logeais
Study On Copyright Limitations And Exceptions For Museums, Lucie Guibault, Jean-François Canat, Elizabeth Logeais
Reports & Public Policy Documents
This study investigates the issue of limitations and exceptions to copyright for the benefit of museums, with a view to strengthening the international understanding of the need to have adequate limitations, exploring existing and proposed models of protection, and moving towards agreement regarding specific exceptions or limitations.
Remuneration Of Authors And Performers For The Use Of Their Works And The Fixations Of Their Performances, Europe Economics, Lucie Guibault, Olivia Salamanca, Directorate-General For Communications Networks, Content And Technology (European Commission)
Remuneration Of Authors And Performers For The Use Of Their Works And The Fixations Of Their Performances, Europe Economics, Lucie Guibault, Olivia Salamanca, Directorate-General For Communications Networks, Content And Technology (European Commission)
Reports & Public Policy Documents
This study analyses the current situation regarding the level of remuneration paid to authors and performers in the music and audio-visual sectors. We compare, from both a legal and economic perspective, the existing national systems of remuneration for authors and performers and identify the relative advantages and disadvantages of those systems for them. We also explore the need to harmonise mechanisms affecting the remuneration of authors and performers, and to identify which ones are the best suited to achieve this. Their potential impact on distribution models and on the functioning of the Internal Market is also examined. Finally, the study …
On The Antitrust Exemption For Professional Sports In The United States And Europe, Leah Farzin
On The Antitrust Exemption For Professional Sports In The United States And Europe, Leah Farzin
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Lance Armstrong Wins Again By Surviving A Lawsuit For Misrepresentations And Fraud Without So Much As A "Slapp" On The Wrist, Anna Haslinsky
Lance Armstrong Wins Again By Surviving A Lawsuit For Misrepresentations And Fraud Without So Much As A "Slapp" On The Wrist, Anna Haslinsky
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Total Eclipse Of The Tweet: How Social Media Restrictions On Student And Professional Athletes Affect Free Speech, Tehrim Umar
Total Eclipse Of The Tweet: How Social Media Restrictions On Student And Professional Athletes Affect Free Speech, Tehrim Umar
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Power Play: Why Nhl's Prohibition On Player Participation In Future Olympics Would Violate Sherman Antitrust Act, Ross O'Neill
Power Play: Why Nhl's Prohibition On Player Participation In Future Olympics Would Violate Sherman Antitrust Act, Ross O'Neill
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Check To The Head: The Tragic Death Of Nhl Enforcer Derek Boogaard And The Nhl's Negligence - How Enforcers Are Treated As Second-Class Employees, Melanie Romero
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Breaking Out Of The West, Advancing Into Asia: Cultural Considerations For Brand Management In China, Gregory Hwa
Breaking Out Of The West, Advancing Into Asia: Cultural Considerations For Brand Management In China, Gregory Hwa
Marquette Sports Law Review
None
Internet Piracy Of Sports Broadcasts: Finding The Solution In The United Kingdom And The United States, Antwayne Robertson
Internet Piracy Of Sports Broadcasts: Finding The Solution In The United Kingdom And The United States, Antwayne Robertson
Marquette Sports Law Review
None.
25 Years Of Sports Law Scholarship: The History Of The Marquette Sports Law Journal/Review , Paul M. Anderson
25 Years Of Sports Law Scholarship: The History Of The Marquette Sports Law Journal/Review , Paul M. Anderson
Marquette Sports Law Review
None.
Taking The Training Wheels Off Mls: Why The Single Entity Antitrust Exemption Should No Longer Apply, Tyler A. Coppage
Taking The Training Wheels Off Mls: Why The Single Entity Antitrust Exemption Should No Longer Apply, Tyler A. Coppage
Marquette Sports Law Review
None.
Three's A Crowd: A Look At Potential Troubles Created By Third-Party Standing When Bringing A Title Ix Claim, Taylor A. Wilson
Three's A Crowd: A Look At Potential Troubles Created By Third-Party Standing When Bringing A Title Ix Claim, Taylor A. Wilson
Marquette Sports Law Review
None.
The Rehabilitation Act Of 1973: Why The Ocr's Small Reminder Will Likely Spark Big Change For High School Athletics In 2014 And Beyond, Timothy D. Mcpeters
The Rehabilitation Act Of 1973: Why The Ocr's Small Reminder Will Likely Spark Big Change For High School Athletics In 2014 And Beyond, Timothy D. Mcpeters
Marquette Sports Law Review
None.
My Tax Accountant Says I Can Deduct My Hot Tub. He's The Expert - Should I Question Him?, Alan Pogroszewski, Kari Smoker
My Tax Accountant Says I Can Deduct My Hot Tub. He's The Expert - Should I Question Him?, Alan Pogroszewski, Kari Smoker
Marquette Sports Law Review
None.
Labor In Nippon Professional Baseball And The Future Of Player Transfers To Major League Baseball, Keiji Kawai, Matt Nichol
Labor In Nippon Professional Baseball And The Future Of Player Transfers To Major League Baseball, Keiji Kawai, Matt Nichol
Marquette Sports Law Review
None.
Flipping And Spinning Into Labor Regulations: Analyzing The Need And Mechanisms For Protecting Elite Child Gymnasts And Figure Skaters, Kristin A. Hoffman
Flipping And Spinning Into Labor Regulations: Analyzing The Need And Mechanisms For Protecting Elite Child Gymnasts And Figure Skaters, Kristin A. Hoffman
Marquette Sports Law Review
None.
2014 Annual Survey: Recent Developments In Sports Law, Krista D. Brown
2014 Annual Survey: Recent Developments In Sports Law, Krista D. Brown
Marquette Sports Law Review
None.
Continuing Disclosure Requirements And The Continued Use Of Municipal Bonds In Sports, Mindi Friedman
Continuing Disclosure Requirements And The Continued Use Of Municipal Bonds In Sports, Mindi Friedman
Marquette Sports Law Review
No abstract provided.
Book Review: The Code Of The Court Of Arbitration For Sport: Commentary, Cases, And Materials, Matthew J. Mitten
Book Review: The Code Of The Court Of Arbitration For Sport: Commentary, Cases, And Materials, Matthew J. Mitten
Marquette Sports Law Review
No abstract provided.
Sports, Doping, And The Regulatory "Tipping Point", Dionne L. Koller
Sports, Doping, And The Regulatory "Tipping Point", Dionne L. Koller
Marquette Sports Law Review
No abstract provided.
Commercialisation Of Sports Data: Rights Of Event Owners Over Information And Statistics Generated About Their Sports Events, Christian Frodl
Commercialisation Of Sports Data: Rights Of Event Owners Over Information And Statistics Generated About Their Sports Events, Christian Frodl
Marquette Sports Law Review
No abstract provided.
The Washington Redskins' Deflating Hope: The Lanham Act Survives The First Amendment Challenge, Hammad Rasul
The Washington Redskins' Deflating Hope: The Lanham Act Survives The First Amendment Challenge, Hammad Rasul
Marquette Sports Law Review
No abstract provided.
A Comparative Analysis Of American And Canadian Antitrust And Labor Laws As Applied To Professional Sports League Lockouts And Potential Solutions To Prevent Their Occurrence, Jo-Annie Charbonneau
A Comparative Analysis Of American And Canadian Antitrust And Labor Laws As Applied To Professional Sports League Lockouts And Potential Solutions To Prevent Their Occurrence, Jo-Annie Charbonneau
Marquette Sports Law Review
No abstract provided.
Index, Sean P. Mccarthy