Law Commons^™

Taking A Shot At Mediation Is The Solution To Nba Player-Trade Demands, Jemuel Gascon

Pepperdine Dispute Resolution Law Journal

This article proposes that the upcoming CBA in 2024 should include an initial mediation process for voluntarily resolving trade demands. Part two of this article looks at the background of player-trade demands; it looks at past demands in both the NBA and other sports.37 It also explores the pros and cons about player-trade demands and how they affect the NBA.38 Part three of this article proposes that the use of mediation can tame trade demands’ negative side effects and explores the proposition of including a voluntary mediation clause for trade demands on the next CBA negotiations.39 Part four will raise …

The “Fundies” Of Adr In The Nhl, Niko Tsiouvaras

Pepperdine Dispute Resolution Law Journal

This note seeks to provide to an overview of how the fundamentals (or “fundies” in hockey circles) of ADR can be applied to the NHL’s most pressing issues. It will analyze two areas specifically: the overall CBA negotiations in the big picture and the RFA system in a narrower view. Part II will provide context of the events leading up to the current NHL landscape. It will outline the history of NHL–NHLPA relations, describe the main issues influencing the upcoming CBA negotiations, and explain the workings of the RFA system. Part III will then present and discuss proposed solutions to …

Level The Playing Field: Advocating For The Removal Of Major League Baseball’S Prohibition On The Admissibility Of Statcast-Generated Sabermetrics As Evidence In Salary Arbitration Hearings, Christian Podest

Pepperdine Dispute Resolution Law Journal

This paper argues that Major League Baseball should amend its Collective Bargaining Agreement (CBA) to remove the outright ban on certain types of statistical evidence to help prove a player’s value. First, the paper briefly describes the history of the compensation system in the MLB and its evolution. Then, it details how final offer arbitration became the default mechanism for resolving compensation disputes between teams and players. The paper subsequently focuses on the Collective Bargaining Agreement’s carve-out of statistical evidence and notes the similarities and differences between Major League Baseball’s evidentiary standards governing salary arbitration hearings and the Federal Rules …

Paid To Play: College Athletes Face Off With The Ncaa In The High Court, Heyman Center On Corporate Governance, Cardozo Antitrust Society, Cardozo Business Law Society, Cardozo Labor And Employment Law Society, Cardozo Sports Law Society

Flyers 2020-2021

No abstract provided.

When Imitation Is Not Flattery: Addressing Cultural Exploitation In Guatemala Through A Sui Generis Model, Paul Figueroa

Faculty Scholarship

Indigenous Guatemalan weavers are fighting for intellectual property laws that better protect their designs and other cultural expressions. The exploitation and appropriation by local and international companies has negatively affected the weavers’ livelihoods and resulted in culturally inappropriate uses of spiritual and traditional symbols. Adhering to Western ideals of individual creativity and utility, intellectual property laws in most of the world (including Guatemala) are not suited to protect indigenous creations. To address this legal gap, some countries have adopted sui generis legal regimes that align with communal notions of creation, ownership and stewardship found in indigenous knowledge systems. Based on …

The Right To An Artificial Reality? Freedom Of Thought And The Fiction Of Philip K. Dick, Marc Jonathan Blitz

Michigan Technology Law Review

In Anarchy, State, and Utopia, the philosopher Robert Nozick describes what he calls an “Experience Machine.” In essence, it produces a form of virtual reality (VR). People can use it to immerse themselves in a custom-designed dream: They have the experience of climbing a mountain, reading a book, or conversing with a friend when they are actually lying isolated in a tank with electrodes feeding perceptions into their brain. Nozick describes the Experience Machine as part of a philosophical thought experiment—one designed to show that a valuable life consists of more than mental states, like those we receive in …

Enabling Science Fiction, Camilla A. Hrdy, Daniel H. Brean

Michigan Technology Law Review

Patent law promotes innovation by giving inventors 20-year-long exclusive rights to their inventions. To be patented, however, an invention must be “enabled,” meaning the inventor must describe it in enough detail to teach others how to make and use the invention at the time the patent is filed. When inventions are not enabled, like a perpetual motion machine or a time travel device, they are derided as “mere science fiction”—products of the human mind, or the daydreams of armchair scientists, that are not suitable for the patent system.

This Article argues that, in fact, the literary genre of science fiction …

Pride And Predators, Heidi S. Bond

Michigan Law Review

A Review of Pride and Prejudice. by Jane Austen

Time’S Up: A Call To Eradicate Ncaa Monopsony Through Federal Legislation, Ashley Jo Zaccagnini

SMU Law Review Forum

Few traditions are as near and dear to the hearts of Americans as college athletics. The institution holds a special place in society because it reflects the ultimate convergence of those values that uniquely define the United States: loyalty, competitiveness, and pride. However, the notion of basic fairness seems to have been excluded along the way, as the commercialization of college athletics gave way to total dominance over the industry by the National Collegiate Athletic Association (NCAA). The NCAA promulgates sports rules and organizes collegiate-level championships, but its most influential role involves promoting “amateurism,” or the notion that student-athletes are …

Civil Conspiracy—Holding College Officials Accountable, Landon Mignardi

SMU Law Review Forum

College sports have always been somewhat marred by controversy—whether it be point shaving, paying off players, or academic fraud—as the money to be made from college sports and the overwhelming desire to win has always seemed to generate impropriety among schools, players, and coaches. However, in recent years, scandals within college athletics programs have escalated beyond mere efforts to “win at all costs,” with the spotlight now on instances of sexual violence committed by players against other students and the cover-ups of these assaults. Following the massive cover-up and mishandling of sexual assaults by Baylor University’s athletic department and officials, …

What Is Cultural Misappropriation And Why Does It Matter? 03-31-2021, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Barnet As Tr. Of 2012 Saretta Barnet Revocable Tr. V. Ministry Of Culture & Sports Of The Hellenic Republic, 961 F.3d 193 (2d Cir. 2020), Meghan Jackson

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Fighting To Protect Individual Privacy In A Rapidly Advancing Technological World, Farzana Ahmed

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

The Nflpo: The Nfl's Private Patent Office, Paul Fina

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Ex Ante Intellectual Property Considerations For Small Businesses, Jason A. Sanders

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Revitalizing Language Through Education: Ireland's Use Of International Law To Drive Linguistic Preservation, Emma A. O'Connell

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

The Data Privacy Landscape During Covid-19: An Exploration Of Some Of The Major Data Privacy Regulations And Trends, Gitanjali Deb

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Diamond Anniversary: 75 Years Of The Lanham Act, Cardozo Arts & Entertainment Law Journal, Cardozo Fame Center

Flyers 2020-2021

No abstract provided.

The New Era Of Nfl Antitrust Law, The Sunday Ticket Package: Was The Ninth Circuit Ruling A Touchdown Or A Penalty?, Maya Rustom

Pepperdine Law Review

Americans love football, but every year thousands of fans are forced to pay exorbitant annual fees if they chose to have access to out-of-market games. In other words, if fans don’t live in the territory of their favorite team, they can either pay an excessive annual fee to watch their team play or miss out on the majority of games every season. This arrangement is a result of DirecTV’s Sunday Ticket Package, which is an exclusive distributorship agreement with the NFL that prevents fans from watching live out-of-market games unless they pay the annual subscription fee. This Comment addresses and …

Protecting The First Amendment Rights Of Video Games From Lanham Act And Right Of Publicity Claims, Yen-Shyang Tseng

Pepperdine Law Review

In 2013 and 2015, the Ninth Circuit decided two nearly identical cases in which professional football players alleged a video game publisher used their likenesses without authorization in a game that simulates real football games. One plaintiff brought a false endorsement claim under the Lanham Act, while others brought state law right of publicity claims. That made all the difference. The Ninth Circuit found the First Amendment protected the game against the false endorsement claim, but not against the right of publicity claims. These contradictory results stem from court’s application of the Rogers v. Grimaldi test to Lanham Act claims …

Open World Regulation: The Urgent Need For Federal Legislation On Video Game Loot Boxes, Alex Reyes

Washington Journal of Law, Technology & Arts

Loot boxes are items in video games that contain randomized prizes that players can purchase with real-world money. In recent years, loot boxes have come under scrutiny because the relationship between behavior and the underlying mechanics of loot boxes are similar to that of addictive behaviors associated with real-world gambling. Many papers suggest solutions focused on industry changes without direct regulation. However, these papers neglect the enormous profit incentive to maintain a business practice which can have detrimental behavioral effects on children. The United States federal government must take example from a growing number of European countries and ban the …

Federal Architecture And First Amendment Limits, Jessica Rizzo

Washington Journal of Law, Technology & Arts

In December of 2020, President Trump issued an executive order on “Promoting Beautiful Federal Civic Architecture,” a draft of which was leaked to the press in February under the title, “Making Federal Buildings Beautiful Again.” The order provided for updating the Guiding Principles of the General Services Administration’s Design Excellence Program to promote the use of “classical and traditional architectural styles,” which “have proven their ability to inspire…respect for our system of self-government.” According to the order, there would have been a presumption against the use of such modern architectural styles as Brutalism and Deconstructivism in the construction of new …

Table Of Contents, Ashley Stoll

Washington Journal of Law, Technology & Arts

No abstract provided.

The Music Industry: Drowning In The Stream, Jonathan Croskrey

Journal of the National Association of Administrative Law Judiciary

The Department of Justice is reviewing two of it's oldest consent decrees, which were entered into with ASCAP and BMI. ASCAP and BMI are the two original performing rights organizations and existed well before streaming. This article analyzes copyright and antirust law through the lens of modern technology and the current landscape of the music industry. It examines whether the consent decrees should be removed or modified and what the consequences of each would be.

Warner Bros. V. Nelson: A Prelude To The De Havilland Law, John M. Broderick

Loyola of Los Angeles Entertainment Law Review

In 1944, the California Court of Appeals handed down its landmark decision in De Haviland v. Warner Bros ending the practice of studios extending personal service contracts beyond the statutory limit of seven years by adding suspension periods incurred during the contract term. “Suspension/extension” could double the term of an actor’s contract. The De Haviland case has justly received much attention, but an earlier case, Warner Bros. v. Nelson, in which Bette Davis also challenged the practice of suspension/extension, merits more attention than it has received.

In Warner Bros. Nelson, Davis argued that her studio contract should not …

Flash Infringement 2.0: Protecting “Unique Performance” From Live Social Media Distribution As A Right Of Publicity, Michael M. Epstein

Loyola of Los Angeles Entertainment Law Review

This Article posits that state law right of publicity actions offer a potential remedy for non-musical performers who fall victim to the phenomenon of “flash infringement,” the instantaneous and unauthorized uploading and dissemination of performances by live event audiences. In 2021, comedians, actors and magicians, may be able to use the right of publicity to protect the value of their unique performances, since their non-musical acts are not covered by the Federal Anti-Bootlegging Statute. Moreover, under California law, secondary liability actions with respect to this unique performance right might allow performers to sue social media companies for providing a commercial …

Reimagining Content Moderation: Section 230 And The Path To Industry-Government Cooperation, Yeva Mikaelyan

Loyola of Los Angeles Entertainment Law Review

In February 2020, the Ninth Circuit held that YouTube, as a private entity, does not have to provide First Amendment protections to its content creators. The holding was not surprising or groundbreaking, but the case served as catalyst in the discussion of how platforms should moderate content. This was further amplified when over the summer, Twitter started to add warnings under some of President Donald Trump’s tweets. In response, the President called to “REVOKE 230.”

“230” refers to Section 230 of the Communications Decency Act. At a high level, Section 230 allows platforms to moderate content at their discretion without …

Trophies For The Empire, Cardozo Arts & Entertainment Law Journal, Cardozo Art Law Society

Flyers 2020-2021

No abstract provided.

Amateur Hour Is Over: Time For College Athletes To Clock In Under The Flsa, Nicholas C. Daly

Georgia State University Law Review

The debate surrounding the National Collegiate Athletic Association’s (NCAA) amateurism principles has waged for decades. The governing body of college athletics insists that the athletes who compete on a daily basis should not—or shall not—receive any compensation in exchange for their services while NCAA executives line their pockets with billions of dollars each year. This concept of “no pay for play” has drawn national criticism since the NCAA created the term “student-athlete” in the 1950s to combat a workers’ compensation claim. The amateurism principles were concocted as an attempt to prevent college athletes from being classified as employees of their …

The Evolution Of Data In Sports Betting And Its Legal Ramifications On The Privacy And Protections Of College Athletes, Bryan B. Fisher

Et Cetera

Have you ever placed a sports bet before? Did you win… or did you lose? Did it come down to the final seconds… or did you regret your decision before the game even reached halftime? At times, betting on a sports team can seem like a sure-fire win. Unfortunately, it can be nearly impossible to truly know a result before it happens, especially in the sports industry, where a simple bad bounce can alter the final score, effectively causing millions of dollars to change hands. But what if there was a way to know something about the game that others …