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Entertainment, Arts, and Sports Law

2015

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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 Jan 2015

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 Jan 2015

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 Jan 2015

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 Jan 2015

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 Jan 2015

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 Jan 2015

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) Jan 2015

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 Jan 2015

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 Jan 2015

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 Jan 2015

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 Jan 2015

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 Jan 2015

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 Jan 2015

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 Jan 2015

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 Jan 2015

25 Years Of Sports Law Scholarship: The History Of The Marquette Sports Law Journal/Review , Paul M. Anderson

Marquette Sports Law Review

None.


Table Of Contents Jan 2015

Table Of Contents

Marquette Sports Law Review

None.


Taking The Training Wheels Off Mls: Why The Single Entity Antitrust Exemption Should No Longer Apply, Tyler A. Coppage Jan 2015

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 Jan 2015

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 Jan 2015

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 Jan 2015

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 Jan 2015

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 Jan 2015

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 Jan 2015

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 Jan 2015

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 Jan 2015

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 Jan 2015

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 Jan 2015

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 Jan 2015

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 Jan 2015

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 Jan 2015

Index, Sean P. Mccarthy

Marquette Sports Law Review

No abstract provided.