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Full-Text Articles in Law
Mandated Disclosure In Literary Hybrid Speech, Zahr K. Said
Mandated Disclosure In Literary Hybrid Speech, Zahr K. Said
Articles
This Article, written for the Washington Law Review’s 2013 Symposium, The Disclosure Crisis, argues that hidden sponsorship creates a form of non-actionable influence rather than causing legally cognizable deception that mandatory disclosure can and should cure.
The Article identifies and calls into question three widely held assumptions underpinning much of the regulation of embedded advertising, or hidden sponsorship, in artistic communications. The first assumption is that advertising can be meaningfully discerned and separated from communicative content for the purposes of mandating disclosure, even when such advertising occurs in “hybrid speech.” The second assumption is that the hidden promotional aspects …
Embedded Advertising And The Venture Consumer, Zahr Said
Embedded Advertising And The Venture Consumer, Zahr Said
Articles
Embedded advertising—marketing that promotes brands from within entertainment content—is a thriving, rapidly changing practice. Analysts estimate that embedded advertising expenditures will exceed $10 billion in 2010. The market continues to grow even as traditional advertising revenues contract. The relatively few legal scholars who have studied embedded advertising believe that it is under-regulated. Ineffective regulation, they claim, is deeply troubling because corporations may, with legal impunity, deceptively pitch products to trusting viewers. Critics charge that embedded advertising creates "hyper-commercialism," distorts consumers' tastes, taints the artistic process, and erodes faith in public discourse.
This Article argues that the critics are wrong. Sponsorship …
Sports Medicine Conflicts: Team Physicians Vs. Athlete-Patients, Steve P. Calandrillo
Sports Medicine Conflicts: Team Physicians Vs. Athlete-Patients, Steve P. Calandrillo
Articles
Team physicians for professional sports franchises face a conflict of interest created by the competing loyalties they owe to the team that employs them and to the athlete-patient they must treat. Marketing agreements under which physicians pay significant sums of money to be designated as the team's "official healthcare provider" exacerbate this conflict. These marketing arrangements call into question the independent judgment of team physicians and cause players to question the quality of care they receive.
This paper explores several solutions to the growing conflicts between athletes and team doctors with the goal of enhancing players' trust in the medical …