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Articles 1 - 16 of 16
Full-Text Articles in Law
Changing The Game: The Emergence Of Nil Contracts In Collegiate Athletics And The Continued Efficacy Of Title Ix, Leeden Rukstalis
Changing The Game: The Emergence Of Nil Contracts In Collegiate Athletics And The Continued Efficacy Of Title Ix, Leeden Rukstalis
Washington and Lee Journal of Civil Rights and Social Justice
On June 30, 2021, the National Collegiate Athletic Association (“NCAA”) suspended a 115-year prohibition on college athletes’ ability to profit from the use of their names, images, and likenesses (“NIL”). Historically, NCAA eligibility was determined by an athlete’s amateur status. Student athletes forewent compensation to preserve a line between professional and college sports. Today, the NCAA’s novel NIL policy recognizes an athlete’s right to publicity and allows them to share in the billions of dollars it generates every year. According to estimates, college athletes earned $917 million in the first year of NIL activity. By 2023, the NIL market is …
The Free Exercise Of Copyright Behind Bars, Viva R. Moffat
The Free Exercise Of Copyright Behind Bars, Viva R. Moffat
Washington and Lee Law Review
People in prison produce vast amounts of creative and expressive work—from paintings and sculptures to essays, novels, music, and NFTs—but they are rarely described as artists and their work is often not described as “art.” Prisoners also do not regularly take advantage of copyright law, the primary form of protection for creative works. They should.
Copyright provides a strong set of rights that combines strains of free expression values with elements of property rights. Copyright confers dignitary and expressive benefits and, for some creators, financial rewards. As such, copyright can be a tool to help prisoners improve their lives, both …
Hollywood At Home: Applying Federal Child Labor Laws To Traditional And Modern Child Performers, Shannon Kate Mcgrath
Hollywood At Home: Applying Federal Child Labor Laws To Traditional And Modern Child Performers, Shannon Kate Mcgrath
Washington and Lee Journal of Civil Rights and Social Justice
In the past few years there has been a rise in online influencers who gain money and fame from their online content, and in many cases these influencers are children. Although this can be seen as a “job,” federal child labor laws exempt all child performers from protections. This means traditional child actors and children who create online content must rely on state laws regarding child labor. While some states have protections for child performers, several states have no such laws in place. In addition, the current protections are not available to children who take part in online content. Without …
Blood, Sweat, Tears: A Re-Examination Of The Exploitation Of College Athletes, Keely Grey Fresh
Blood, Sweat, Tears: A Re-Examination Of The Exploitation Of College Athletes, Keely Grey Fresh
Washington and Lee Journal of Civil Rights and Social Justice
2021 Louise Halper Award Winner for Best Student Note
The unrest revolving around compensation for college athletes is not a new concept. However, public attitudes are shifting. With spirited arguments on both sides, and the recent Supreme Court decision of National Collegiate Athletic Association v. Alston regarding antitrust exemptions, the issue has been placed in a spotlight. This Note examines the buildup of discontentment through the history of the NCAA and amateurism, specifically how the term “student-athlete” became coined. It will then move to litigation efforts by athletes in an attempt to gain employment status, and an alternative route of …
Assessing Amateurism In College Sports, Casey E. Faucon
Assessing Amateurism In College Sports, Casey E. Faucon
Washington and Lee Law Review
College sports generate approximately $8 billion each year for the National C[artel] Athletic Association and its member institutions. Most of this revenue flows from lucrative television broadcasting deals, which often incorporate the right to commercialize and sell the names, images, and likenesses of college athletes. Under its current revenue scheme, student-athletes—85 percent of whom live below the poverty line—receive a share of zero. For over a century, we’ve justified this exploitative distribution scheme under a cloak of student-athlete “amateurism.” Antitrust challenges to the NCAA’s amateurism rules clash with the assumption that “amateurism” is a revered tradition and an important tenet …
Lose The Illusion: Why Advertisers' Use Of Digital Product Placement Violates Actors' Right Of Publicity, Brandon D. Almond
Lose The Illusion: Why Advertisers' Use Of Digital Product Placement Violates Actors' Right Of Publicity, Brandon D. Almond
Washington and Lee Law Review
No abstract provided.
Don't Give Me That!: Tax Valuation Of Gifts To Art Museums, Mary Varson Cromer
Don't Give Me That!: Tax Valuation Of Gifts To Art Museums, Mary Varson Cromer
Washington and Lee Law Review
No abstract provided.
Shakin' It To The Back Of The Bus: How Parks V. Laface Uses The Artistic Relevance Test To Adjudicate Artistic Content, Mitchell David Greggs
Shakin' It To The Back Of The Bus: How Parks V. Laface Uses The Artistic Relevance Test To Adjudicate Artistic Content, Mitchell David Greggs
Washington and Lee Law Review
No abstract provided.
No Penalty On The Play: Why The Bowl Championship Series Stays In-Bounds Of The Sherman Act, M. Todd Carroll
No Penalty On The Play: Why The Bowl Championship Series Stays In-Bounds Of The Sherman Act, M. Todd Carroll
Washington and Lee Law Review
No abstract provided.
Student-Athlete Sexual Violence Against Women: Defining The Limits Of Institutional Responsibility, Timothy Davis, Tonya Parker
Student-Athlete Sexual Violence Against Women: Defining The Limits Of Institutional Responsibility, Timothy Davis, Tonya Parker
Washington and Lee Law Review
No abstract provided.
Interference On Both Sides: The Case Against The Nfl-Nflpa Contract, Robert A. Mccormick
Interference On Both Sides: The Case Against The Nfl-Nflpa Contract, Robert A. Mccormick
Washington and Lee Law Review
No abstract provided.
Two Minute Warning: The Time To Settle The Nfl Free Agency Dispute Is Now, Walter J. Godlewski, Iii
Two Minute Warning: The Time To Settle The Nfl Free Agency Dispute Is Now, Walter J. Godlewski, Iii
Washington and Lee Law Review
No abstract provided.
Federal Recognition Of Performance Art Author Moral Rights
Federal Recognition Of Performance Art Author Moral Rights
Washington and Lee Law Review
No abstract provided.
1991 Legislation, Reports And Debates Over Federally Funded Art: Arts Community Left With An "Indecent" Compromise
Washington and Lee Law Review
No abstract provided.
Title Ix: Women's Collegiate Athletics In Limbo
Title Ix: Women's Collegiate Athletics In Limbo
Washington and Lee Law Review
No abstract provided.
Masterpieces Of Legal Fiction. Ed. By Maximiliankoessler., Mark Ferdinand
Masterpieces Of Legal Fiction. Ed. By Maximiliankoessler., Mark Ferdinand
Washington and Lee Law Review
No abstract provided.