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Full-Text Articles in Law
The Rise And Fall Of The Horseracing Integrity And Safety Act: How Congress Could Save The “Sport Of Kings”, Lucy Mcafee
The Rise And Fall Of The Horseracing Integrity And Safety Act: How Congress Could Save The “Sport Of Kings”, Lucy Mcafee
Vanderbilt Journal of Entertainment & Technology Law
The Horseracing Integrity and Safety Act (HISA) has undergone several unsuccessful changes over the past decade in an effort to change how horseracing is regulated. After Congress successfully passed HISA in 2020, several lawsuits were filed to stop HISA from going into effect. Congress quickly passed an amendment to HISA—which the US Court of Appeals for the Sixth Circuit upheld—seemingly stopping such litigation, but it is clear from opponents’ statements that this is just the beginning. This Note will examine the constitutional arguments’ strengths and weaknesses through precedent to determine whether the long-awaited act, as amended, can stand the test …
The Perfect Match: Solving The Due Process Problem Of Signature Matching With Federal Agency Regulation, Rachel Blumenstein
The Perfect Match: Solving The Due Process Problem Of Signature Matching With Federal Agency Regulation, Rachel Blumenstein
Vanderbilt Journal of Entertainment & Technology Law
Local election commissions in the United States disenfranchise Americans when they erroneously reject voters’ mail-in ballots for failed signature matches. Disenfranchisement is not only problematic because it is dangerous to the health of American democracy, but also because signature matching violates the procedural due process protections voters are entitled to when they exercise their right to vote. Furthermore, the practice of signature matching is one of many ballot access restrictions that disproportionately impact minority voters under the guise of voter fraud prevention. Expanding the Election Assistance Commission’s mandate to allow it to develop more accurate methods of ballot verification can …
Equal Protection For Equal Play: A Constitutional Solution To Gender Discrimination In International Sports, Jenna N. Rowan
Equal Protection For Equal Play: A Constitutional Solution To Gender Discrimination In International Sports, Jenna N. Rowan
Vanderbilt Journal of Entertainment & Technology Law
This Note considers the extent of gender discrimination in international sports, providing an overview of gender discrimination in sports and detailing the inadequacies of current statutory remedies. Additionally, this Note describes why constitutional remedies are unavailable for these athletes, highlighting a 1987 Supreme Court case holding that sports governing bodies are not state actors. This Note proposes overruling that case to hold instead that international sports governing bodies are state actors and are, therefore, subject to the provisions in the US Constitution. Under this solution, international athletes could bring gender discrimination claims against these bodies under an equal protection rationale.
Conducting The Constitution: Justice Scalia, Textualism, And The Eroica Symphony, Ian Gallacher
Conducting The Constitution: Justice Scalia, Textualism, And The Eroica Symphony, Ian Gallacher
Vanderbilt Journal of Entertainment & Technology Law
The goal of this article is a very modest one: to use one piece of music, the first movement of Beethoven's Eroica symphony, to consider how legal scholars, using the doctrinal principles they have developed to interpret the Constitution, would interpret the piece as conductors. This article makes no pretense of offering a new genre of legal hermeneutics; there is no suggestion here that a "law and musicology" movement will provide a comprehensive analytical framework which we can use to solve problems of Constitutional interpretation. Rather, this article suggests that musical interpretative "doctrines"--if so loose a collection of practices merits …
Eldred V. Ashcroft: Challenging The Constitutionality Of The Copyright Term Extension Act, Justice J. Rillera
Eldred V. Ashcroft: Challenging The Constitutionality Of The Copyright Term Extension Act, Justice J. Rillera
Vanderbilt Journal of Entertainment & Technology Law
This Note explores opposing arguments on the constitutionality of the CTEA under the Copyright Clause, which gives Congress the power "[t]o promote the Progress of Science and the useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to the irrespective Writings and Discoveries." Part I of this Note analyzes whether Congress violated the "limited Times" restriction by extending the terms of existing copyrights. Part II examines whether the CTEA promotes the "Progress of Science' ' Finally, Part Ill highlights questions the U.S. Supreme Court must resolve to maintain the balance between the rights of the …