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Full-Text Articles in Law
Standards Of Review In Law And Sports: How Instant Replay's Asymmetric Burdens Subvert Accuracy And Justice, Steve P. Calandrillo, Joseph Davison
Standards Of Review In Law And Sports: How Instant Replay's Asymmetric Burdens Subvert Accuracy And Justice, Steve P. Calandrillo, Joseph Davison
Articles
A fundamental tension exists in both law and sports: on one hand, adjudicators must “get the decision right” in order to provide fairness to the parties involved, but on the other, they must issue speedy and certain rulings to avoid delaying justice. The certainty principle dictates that courts follow stare decisis in the law even if they believe that an earlier decision was wrong. However, it is often the case that there is a need to reverse earlier decisions or the law itself in order to make the correct call on appeal.
Both law and sports are constantly balancing the …
Copyright's Illogical Exclusion Of Conceptual Art That Changes Over Time, Zahr K. Said
Copyright's Illogical Exclusion Of Conceptual Art That Changes Over Time, Zahr K. Said
Articles
This Essay argues that copyright illogically excludes conceptual art from protection on the basis of fixation, given that well-settled case law has interpreted the fixation requirement to reach works that contain certain kinds of change so long as they are sufficiently repetitive to be deemed permanent. While conceptual art may perhaps be better left outside the scope of copyright protection on the basis of its failure to meet copyright’s other requirements, this Essay concludes that fixation should not be the basis on which to exclude conceptual art from protection.
There are of course both normative and descriptive questions around the …
Patented Electric Guitar Pickups And The Creation Of Modern Music Genres, Sean M. O'Connor
Patented Electric Guitar Pickups And The Creation Of Modern Music Genres, Sean M. O'Connor
Articles
This Essay provides an overview of how patents played a core role in developing world-changing musical genres. This may be surprising, as normally copyright law is associated with incentivizing advances in the creative arts. But as this Conference’s theme [The IP Platform: Supporting Invention and Inspiration] and presentations emphasize, the whole range of intellectual property (“IP”), especially when viewed as a platform, supports innovation across the spectrum of human ingenuity and creativity.
This Essay is also intended to be read in conjunction with a viewing of the live-music demonstration of how pickups transformed popular music, delivered at the Conference and …
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 …
Baseball's Moral Hazard: Law, Economics, And The Designated Hitter Rule, Dustin E. Buehler, Steve P. Calandrillo
Baseball's Moral Hazard: Law, Economics, And The Designated Hitter Rule, Dustin E. Buehler, Steve P. Calandrillo
Articles
No subject prompts greater disagreement among baseball fans than the designated hitter rule, which allows teams to designate a player to hit for the pitcher. The rule increases the number of hit batsmen, and some have suggested this effect is a result of "moral hazard," which recognizes that persons insured against risk are more likely to engage in dangerous behavior. Because American League pitchers do not bat, they allegedly are not deterred by the full cost of making risky, inside pitches—namely, retribution during their next at bat.
Using a law-and-economics approach, this Article concludes that the designated hitter rule creates …
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 …