Law Commons^™

Hip Hop Turns 50: The End Of A Criminal Cartel, J. Christopher Hamilton

University of Miami Business Law Review

Most people are familiar with superstar rappers like Kanye West, Nicki Minaj, and Drake, who continue to anchor hip-hop in a competitive culture of braggadocio, high fashion, and lethal lyrics. Many are also familiar with the recent deaths of rising stars like King Von, Pop Smoke, PnB Rock, and Takeoff due to gun violence. However, beyond the megastars, melodic music, and the high-profile murders, hip-hop represents a global marketplace valued at over $15 billion, which is shocking considering the poverty surrounding its birth. On the eve of its 50th anniversary in 2023, hip-hop’s position as the dominant form of contemporary …

Genetic Technologies: Patent Protections & The Case For Technology Transfer, Smitha Gundavajhala

Washington Journal of Law, Technology & Arts

Genetic technologies range in scope from agricultural to medical applications. Most recently, during the COVID-19 pandemic, companies like Moderna developed and patented genetic technologies for diagnostic and therapeutic purposes, like the mRNA vaccine. However, patent protection provides these companies with a monopoly that ultimately limits domestic production of generic versions, thus limiting access to life-saving diagnostics and therapeutics. When a company located in one country files a patent for recognition in another country, it effectively places a hold on production of any technologies covered by that patent’s reach, whether that patent is enforced or not. However, the TRIPS Agreement, the …

What You Don’T Know Will Hurt You: Fighting The Privacy Paradox By Designing For Privacy And Enforcing Protective Technology, Perla Khattar

Washington Journal of Law, Technology & Arts

The persistence of the privacy paradox is proof that current industry regulation is insufficient to protect consumer’s privacy. Although consumer choice is essential, we argue that it should not be the main pillar of modern data privacy legislation. This article argues that legislation should aim to protect consumer’s personal data in the first place, while also giving internet users the choice to opt-in to the processing of their information. Ideally, privacy by design principles would be mandated by law, making privacy an essential component of the architecture of every tech-product and service.

Consensus’S Consolidation Conundrum, James J. Bernstein

Washington Journal of Law, Technology & Arts

In Part I, this piece will highlight the history, basis, and justifications for blockchain systems over the present version of the internet. This section helps to frame where consensus mechanisms may undermine Web3’s core premise. Part II will describe the fundamentals of consensus mechanisms. Thereafter, in Part III this piece will demonstrate the pitfalls of each system - and why proof of stake is not necessarily better at fighting off some of the risks associated with consensus mechanisms. Finally, in Part IV this article offers an architectural solution: introducing a series of new protocols which would increase the cost of …

“Tiktok Told Me I Have Adhd”: Regulatory Outlook For The Telehealth Revolution, Kaitlin Campanini

Washington Journal of Law, Technology & Arts

Telehealth’s expansion during the COVID-19 pandemic has drastically changed the approach to healthcare in the United States. This is particularly true in the behavioral health sector where several behavioral telehealth companies have emerged to treat Attention-Deficit/Hyperactivity Disorder (“ADHD”). These companies utilize a direct-to-consumer (“DTC”) model with a virtual platform that connects subscribing patients to medical providers who can treat them for ADHD. Although this telemedicine model emphasizes convenience and efficiency, the reality is that those benefits come at the cost of patient care. The federal regulations promulgated in the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 to curtail …

Comics Art, Cultural Norms, And The Social Consciousness Of Activism In American Democracy, Jeffrey Lewis

Cleveland State Law Review

The comic art form’s impact on cultural norms can engender new understandings of rights and shape conceptions of equality in our shared consciousness as a society. Drawing on the 1960s era of social change, this Article examines how comics can produce activism by shaping cultural norms which are reframed, contested, or contextualized to help generate new shared understandings of rights and equality in American democracy. The comic art form should be taken seriously as a medium for activism that can influence changes in social consciousness, illustrated in this Article with examples as diverse as the quiet revolution of the Peanuts …

Deterrence Defeats Doping: How Arbitration Can Resolve Major League Baseball's Performance-Enhancing Drug Problem, Brice Barnes

Pepperdine Dispute Resolution Law Journal

This article analyzes MLB’s PED policy and proposes amending the policy by arbitrating the agreement to create one that further deters players from using PEDs. The remainder of this article is divided into five parts: Part II discusses the significance of the PED issue and why resolution is necessary; Part III discusses the history of PED use in baseball and the efforts by the League to address it; Part IV proposes the solution of arbitration and explains how the process might work; Part V addresses potential objections to that solution; and finally, Part VI concludes.

Cardozo Aelj Author Interview Series: Scott Semaya, Class Of 2023, Scott Semaya

AELJ Blog

The Cardozo AELJ Author Interview Series seeks to give our readers further insight into the Articles and Notes published in the Cardozo Arts & Entertainment Law Journal. In this interview, Scott Semaya discusses his Note, Name, Image and Likeness: Giving College Athletes the Clearest Guidance to Best Profit off Their NIL, which was published in Volume 41, Issue 2.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on June 6, 2023. The original post can be accessed via the Archived Link button above.

We Are Never Getting Back Together: A Statutory Framework For Reconciling Artist/Label Relationships, Harrison Simons

Washington Law Review Online

Taylor Swift could tell you a thing or two about record label drama. Artists like Swift who want to break into the big leagues and top the charts must rely on record labels’ deep pockets and institutional knowledge to do so. But artists, especially young ones, are often asked to sign deals with labels that leave them with little control over their careers. For many, the risk is worth the reward. However, many others come to regret their decision, with careers that languish or sputter out in label purgatory. Anyone with an ear for the music industry knows that artist-label …

Through The Looking Glass With Alice: The Current Application And Future Of Title Ix In Athletics, Josephine (Jo) R. Potuto

Vanderbilt Journal of Entertainment & Technology Law

This Article is a snapshot of the past pervasive discriminatory treatment of women in athletics and where women athletes and women’s athletics currently stand. It discusses some of the new challenges for Title IX enforcement—-female transgender athletes and treatment of name, image, and likeness revenues now open to college athletes. It reviews research regarding the physiological, hormonal, metabolic, body size and composition, and brain and neurological differences between men and women and how these factors impact both athletic performance and athletic interest. Finally, this Article concludes that the Title IX three-pronged test to assure gender equity in athletic participation opportunities …

Title Ix Vs. Ncaa: A Gameplan For Championship Equity, Leigh E. Friestedt

Vanderbilt Journal of Entertainment & Technology Law

In 1972, Congress enacted Title IX of the Education Amendments Act (Title IX) to prohibit sex-based discrimination in “any education program or activity receiving federal financial assistance.” While the original legislation did not stipulate “athletics,” Title IX has had a profound impact on intercollegiate sports by expanding the athletic opportunities for women as a covered “program or activity.” However, fifty years after the enactment of Title IX, there are still significant disparities between men’s and women’s intercollegiate athletics, most notably at the high-profile National College Athletics Association (NCAA or Association) Championships.

In 2021, the NCAA hosted the men’s and women’s …

Navigating Name, Image, And Likeness Policy In College Athletics – Issues And Solutions, Daniel Erber

Brooklyn Journal of Corporate, Financial & Commercial Law

College athletics, specifically the NCAA, has faced legal challenges throughout its history. In the wake of Alston and other Supreme Court decisions regarding antitrust violations tied to student-athlete benefits, many states proposed and passed laws explicitly allowing student-athletes at NCAA institutions to utilize their names, images, and likenesses for commercial purposes. With the state laws in direct conflict with NCAA rules, college sports entered an era of extreme uncertainty. While the NCAA attempts to maintain its grip on the commercial endeavors of student-athletes and member institutions, states and society are pushing a free market agenda geared towards liberalizing the economic …

Frustrating Morals: Is There An Implied Reverse Morals Clause In Publishing Agreements?, Matthew L. Fulton

Brooklyn Journal of Corporate, Financial & Commercial Law

In response to the #MeToo movement and the widespread condemnation of public figures for misconduct, book publishers adopted a standard contract provision used in other entertainment industries called a morals clause. Morals clauses allow a publisher to terminate the agreement if the author is subject to public condemnation. Although these provisions provide robust protection for publishers, these one-sided clauses provide no such protection for authors if publishers are subject to similar condemnation. Although authors may not have the leverage to negotiate reciprocal morals clauses, some authors may have an implied reverse morals clause through the frustration of purpose defense to …

Black Lives Matter And The Push For Colonial-Era Cultural Heritage Restitution, Kathryn Speckart

Catholic University Law Review

The influence of the Black Lives Matter movement extends into U.S. museums in the form of calls for “decolonization” of collections comprised of art and artifacts from Africa and other colonized areas. As a result, the accompanying legal and ethical questions surrounding these artifacts now figure prominently in the museum industry. This Comment analyzes why the current U.S. cultural heritage law framework does not accommodate colonial-era African artifacts. This is due to few of these artifacts being subject to legal claims under current laws, African artifacts not having protection as a special classification, and the lack of enforcement mechanisms in …

Usespa? Exploring The Idea Of A U.S. Esports Regulatory Authority, Justin Hung

The Journal of Business, Entrepreneurship & the Law

This article will conclude, ultimately, it is a matter of policy with two convincing sides best left for the public to decide. First, having a monolithic regulator for all esports in the United States is unnecessary to address many of the legal issues esports faces and may actually cause more legal issues. Second, some centralized effort or a centralized association to heighten and universalize standards would be beneficial because it would allow market participants to address the systemic threats to the esports market. As to a centralization, this article will argue the most effective means to accomplish such a task …

How High Fashion Brands And Nfts Are Changing The Future Of The Art Market And Trademark Prosecution, Grace Hodges

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Know When To Hold Them, When To Fold Them, And When To Walk Away: Tiktoks Are Professional Sports Franchises' Ace In Collective Bargaining Negotiations, Angelica Varona

Pepperdine Law Review

TikTok, the social media app, has become both a central force in entertainment, creating a slew of influencers and young celebrities, as well as an important tool in all things branding and marketing. Athletes have recognized the value of social media and fan engagement and have taken to becoming content-creators on the platform. The growing presence of professional athletes on the app brings up important issues of copyrightability and ownership of the content they are producing. This Comment considers the nature of athlete content-creation on TikTok as well as the employment scheme and contractual responsibilities that form a part of …

Cardozo Aelj Author Interview Series: Caitlin Muraca, Caitlin Muraca

AELJ Blog

The Cardozo AELJ Author Interview Series seeks to give our readers further insight into the Articles and Notes published in the Cardozo Arts & Entertainment Law Journal. In this interview, Caitlin Muraca discusses her Note, Combating False Election Information in a Section 230 Protected World: to Moderate or Not to Moderate, which was published in Volume 41, Issue 2.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April 27, 2023. The original post can be accessed via the Archived Link button above.

Billboard Names Robert Meitus A Top Music Lawyer, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

For a musician, charting is generally perceived as a good thing. Whether it’s a national singles list like the Billboard Hot 100 or a local record store’s Top 10 of the Week, being listed among your peers can be rewarding. Robert Meitus is now on a chart of a different kind—Billboard magazine has just named him one of America’s “Top Music Lawyers” for 2023.

Paradigms For Foreign Tech-Platforms Regulation: U.S. Options After The Tiktok Saga, Zhining Zhang

Washington Journal of Law, Technology & Arts

The heated discussion stirred up by the U.S. regulatory actions against TikTok continues to this day. The nearly predatory popularity of this Chinese application has raised people’s awareness that the country is in urgent need of a fully developed policy in order to deal with the surge of robust foreign digital platforms.

This article gives the contour of the latest development of theories regarding the foreign tech-platforms regulation. Three contemporary frameworks are reviewed. The first laissez faire paradigm inherits the values of early neoliberalism to prevent a “Splinternet,” but its inaction fails to deal with novel security threats ranging from …

Behind The Scenes Of The 2021 Hollywood Labor Unrest, Kimberly Shely

Washington Journal of Law, Technology & Arts

In 2021, the Hollywood guild International Alliance of Theatrical Stage Employees (IATSE) negotiated a new contract with Alliance of Motion Picture and Television Producers (AMPTP). IATSE had enjoyed a relatively peaceful labor existence in its 128 years. However, after negotiations with AMPTP stalled in 2021, IATSE held a vote to strike. The IATSE voters authorized a strike if negotiations did not produce an agreement.

If IATSE had initiated a strike, productions would have effectively shut down. If Hollywood productions shut down, the industry would suffer millions in lost profits, employees would risk an unpaid strike, and viewers would likely see …

The Takings Clause Does Not Prevent The United States From Supporting A Patent Waiver At The Wto But Prevents Domestic Implementation Of The Waiver, Xiang Li

Washington Journal of Law, Technology & Arts

The Biden Administration announced its support for the initiative at the World Trade Organization (WTO) to suspend patent rights protections for COVID-19 vaccines, in the hope of providing equitable and affordable access to the vaccines to low-income countries. Since then, domestic pharmaceutical companies have been voicing vociferous opposition, claiming that “[e]liminating IP protections undermines our global response to the pandemic and compromises safety.”2 Passing a patent waiver at the WTO means eligible member countries can opt to free themselves from the obligations to enforce qualifying patents, and anyone within those countries can accordingly practice the patents without infringement liability. It …

Florida Institute Of Technology Ordered To Reinstate Men's Rowing After Title Ix Complaint, Emily J. Houghton, Erica J. Zonder

Human Performance Department Publications

In February 2023, the U.S. District Court in Florida issued a preliminary injunction in favor of six male student-athletes from Florida Institute of Technology who alleged that the university violated Title IX. The male student-athletes filed the lawsuit against Florida Institute of Technology (FIT) in 2022. The student-athletes claimed FIT violated Title IX when the university eliminated rowing and other programs.

Physical Sports Needing Virtual Boundaries? An Analysis Of Intellectual Property Issues Arising From Sport Nfts, Maeve Hyer

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

Cardozo Aelj Author Interview Series: Raven Berzal, Raven Berzal

AELJ Blog

The Cardozo AELJ Author Interview Series seeks to give our readers further insight into the Articles and Notes published in the Cardozo Arts & Entertainment Law Journal. In this interview, Raven Berzal discusses her Note, Accelerating Toward the Inevitable: How Covid-19 Helped Alter Traditional Models of Talent Compensation in the Film Industry, which was published in Volume 41, Issue 1.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April 17, 2023. The original post can be accessed via the Archived Link button above.

A New Order In A World In Motion: Brexit And Its Impact On The British Premier League, Walter Champion, Daniel Lee

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

Dealer's Choice: Pressuring The Ncaa To Allow Student-Athletes To Participate In Certain Gambling Activities, Amanda Daoud

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

It's About Time: An Analysis Of Name, Image, And Likeness Legislation In The United States, Taylor Henderson

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

Place Your Bets: An Analysis Of Name, Image, And Likeness Deals With Barstool Sports, Stella Pratt

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

Cardozo Aelj Then And Now Interview Series: Emily Faro, Cardozo Law Class Of 2021, Emily Faro

AELJ Blog

Emily Faro, Cardozo Law Class of 2021, is an Associate at Reed Smith. Emily’s practice focuses on entertainment and media, advertising, marketing, data privacy and security, and corporate transactions. Emily was a Staff Editor on Volume 38 of the Cardozo Arts & Entertainment Law Journal, and her Note, Entertainment Consolidation, Content Monopolies, and the Future of Information, was published in Volume 39, Issue 3.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April 04, 2023. The original post can be accessed via the Archived Link button above.