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Articles 1 - 30 of 108

Full-Text Articles in Law

Should Canada Enact A New Sui Generis Database Right? , C.D. Freedman Dec 2002

Should Canada Enact A New Sui Generis Database Right? , C.D. Freedman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Prior Restraints And Intellectual Property: The Clash Between Intellectual Property And The First Amendment From An Economic Perspective, Andrew Beckerman-Rodau Dec 2002

Prior Restraints And Intellectual Property: The Clash Between Intellectual Property And The First Amendment From An Economic Perspective, Andrew Beckerman-Rodau

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Understanding The Market For Celebrity: An Economic Analysis Of The Right Of Publicity, Vincent M. De Gradpre Dec 2002

Understanding The Market For Celebrity: An Economic Analysis Of The Right Of Publicity, Vincent M. De Gradpre

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Nba Strategy Of Broadcast Television Exposure: A Legal Application, John A. Fortunato Dec 2002

The Nba Strategy Of Broadcast Television Exposure: A Legal Application, John A. Fortunato

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Digital Millennium Copyright Act: Preserving The Traditional Copyright Balance, Christine Jeanneret Dec 2002

The Digital Millennium Copyright Act: Preserving The Traditional Copyright Balance, Christine Jeanneret

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


If Per Se Is Dying, Why Not In Tv Tying? A Case For Adopting The Rule Of Reason Standard In Television Block- Booking Arrangements, Nicole Labletta Dec 2002

If Per Se Is Dying, Why Not In Tv Tying? A Case For Adopting The Rule Of Reason Standard In Television Block- Booking Arrangements, Nicole Labletta

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Battle Of The Music Industry: The Distribution Of Audio And Video Works Via The Internet, Music And More, David Balaban Dec 2002

The Battle Of The Music Industry: The Distribution Of Audio And Video Works Via The Internet, Music And More, David Balaban

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


From Sterne And Borges To Lost Storytellers: Cyberspace, Narrative, And Law, Shulamit Almog Dec 2002

From Sterne And Borges To Lost Storytellers: Cyberspace, Narrative, And Law, Shulamit Almog

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Patentability Of Transgenic Animals In The United States Of America And The European Union: A Proposal For Harmonization, Jerzy Koopman Dec 2002

The Patentability Of Transgenic Animals In The United States Of America And The European Union: A Proposal For Harmonization, Jerzy Koopman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Right To A Jury Trial In Actions For Patent Infringement And Suits For Declaratory Judgement, Brian D. Coggio, Timothy E. Demasi Dec 2002

The Right To A Jury Trial In Actions For Patent Infringement And Suits For Declaratory Judgement, Brian D. Coggio, Timothy E. Demasi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Beyond The Cheese: Discerning What Causes Dilution Under 15 U.S.C. 1125(C)–A Recomendation To Whittle Away The Liberal Application Of Trademark Dilution To Internet Domain Names, Matthew D. Caudill Dec 2002

Beyond The Cheese: Discerning What Causes Dilution Under 15 U.S.C. 1125(C)–A Recomendation To Whittle Away The Liberal Application Of Trademark Dilution To Internet Domain Names, Matthew D. Caudill

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Domain Name Disputes Under The Acpa In The New Millennium: When Is Bad Faith Intent To Profit Really Bad Faith And Has Anything Changed With The Acpa’S Inception? , Adam Silberlight Dec 2002

Domain Name Disputes Under The Acpa In The New Millennium: When Is Bad Faith Intent To Profit Really Bad Faith And Has Anything Changed With The Acpa’S Inception? , Adam Silberlight

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Cross-Ownershipís Last Stand? The Federal Communication Commissionís Proposal Concerning The Repeal Of The Newspaper/Broadcast Cross- Ownership Rule , Judith C. Aarons Dec 2002

Cross-Ownershipís Last Stand? The Federal Communication Commissionís Proposal Concerning The Repeal Of The Newspaper/Broadcast Cross- Ownership Rule , Judith C. Aarons

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Quibbles'n Bits: Making A Digital First Sale Doctrine Feasible, Victor F. Calaba Oct 2002

Quibbles'n Bits: Making A Digital First Sale Doctrine Feasible, Victor F. Calaba

Michigan Telecommunications & Technology Law Review

Whereas the first sale doctrine historically permitted the transfer and resale of copyrighted works, license agreements used by software companies and the DMCA's strict rules prohibiting tampering with access control devices frustrate exercise of the first sale doctrine with respect to many forms of digital works[...] This article explores the first sale doctrine as it pertains to digital works and proposes ways to make a digital first sale doctrine feasible. Part II describes the first sale doctrine as it has traditionally been applied to non-digital works. Part III discusses modern technology's impact on the distribution and use of copyrighted material. …


Reevaluating Amateurism Standards In Men's College Basketball, Marc Edelman Jun 2002

Reevaluating Amateurism Standards In Men's College Basketball, Marc Edelman

University of Michigan Journal of Law Reform

This Note argues that courts should interpret NCAA conduct under the Principle of Amateurism as a violation of§ 1 of the Sherman Antitrust Act and that courts should order NCAA deregulation of student-athletes' indirect financial activities. Part I of this Note discusses the history of NCAA regulation, specifically its Principle of Amateurism. Part II discusses the current impact of antitrust laws on the NCAA. Part III argues that the NCAA violates antitrust laws because the Principle of Amateurism's overall effect is anticompetitive. Part IV argues the NCAA could institute an amateurism standard with a net pro-competitive effect by allowing student-athletes …


Accountability Conceptions And Federalism Tales: Disney's Wonderful World?, William W. Buzbee May 2002

Accountability Conceptions And Federalism Tales: Disney's Wonderful World?, William W. Buzbee

Michigan Law Review

Richard Foglesong's Married to the Mouse: Walt Disney World and Orlando, may not offer the thrills of an entertainment park, but it is an uncommonly good read. In a book focused on approximately four decades of Disney's interactions with Orlando and state officials, political scientist Foglesong tells the tale of how Walt Disney ended up locating his new East Coast entertainment park in Orlando, Florida and what happened in subsequent government-Disney company interactions. Using chapter headings based on stages in a personal relationship's progression ("Serendipity" to "Seduction" through "Marriage," and ultimately, after interim stages, "Therapy"), Foglesong shows that while the …


The Legal Context And Contributions Of Dostoevsky's Crime And Punishment, William Burnham May 2002

The Legal Context And Contributions Of Dostoevsky's Crime And Punishment, William Burnham

Michigan Law Review

Dostoevsky's Crime and Punishment is of more than average interest to lawyers. The title perhaps says it all in terms of content. The chief protagonist, the murderer Raskolnikov, is a law student on a break from his studies. And the pursuer of the murderer is a lawyer, an examining magistrate. But the more subtle and more important legal aspects of Crime and Punishment concern the time period in Russian legal history in which the novel was written and is set. The 1860s in Russia were a time of tremendous legal change. Among other things, an 1861 decree emancipated the serfs …


Leveling The Playing Field: Applying The Doctrines Of Unconscionability And Condition Precedent To Effectuate Student-Athlete Intent Under The National Letter Of Intent, Michael J. Riella Apr 2002

Leveling The Playing Field: Applying The Doctrines Of Unconscionability And Condition Precedent To Effectuate Student-Athlete Intent Under The National Letter Of Intent, Michael J. Riella

William & Mary Law Review

No abstract provided.


Sain V. Cedar Rapids Community School District: Providing Special Protection For Student-Athletes?, Patricia Abbott Mar 2002

Sain V. Cedar Rapids Community School District: Providing Special Protection For Student-Athletes?, Patricia Abbott

Brigham Young University Education and Law Journal

No abstract provided.


The Internationalization Of Intellectual Property: New Challenges From The Very Old And The Very New, Daniel J. Gervais Mar 2002

The Internationalization Of Intellectual Property: New Challenges From The Very Old And The Very New, Daniel J. Gervais

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel 1: Stadium Finance, Naming Rights & Team Relocation, Salvatore Galatioto, Joseph Leccese, John Moag, Thomas Ostertag Mar 2002

Panel 1: Stadium Finance, Naming Rights & Team Relocation, Salvatore Galatioto, Joseph Leccese, John Moag, Thomas Ostertag

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Regulations Governing Drugs And Performance Enhancers In Sports, Edward Jurith, Adolpho A. Birch, Robert Housman, Ronald Klempner Mar 2002

Regulations Governing Drugs And Performance Enhancers In Sports, Edward Jurith, Adolpho A. Birch, Robert Housman, Ronald Klempner

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Keynote Address, David C. Howard Mar 2002

Keynote Address, David C. Howard

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Restructuring Professional Sports Leagues , Martin Edel, Jamin Dershowitz, Jeffrey Kessler, Tandy O'Donoghue Mar 2002

Restructuring Professional Sports Leagues , Martin Edel, Jamin Dershowitz, Jeffrey Kessler, Tandy O'Donoghue

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The United States’ And International Response To The Problem Of Doping In Sports, Edward H. Jurith, Bill Koenig Mar 2002

The United States’ And International Response To The Problem Of Doping In Sports, Edward H. Jurith, Bill Koenig

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Dispute Resolution At Games Time, Urvasi Naidoo, Neil Sarin Mar 2002

Dispute Resolution At Games Time, Urvasi Naidoo, Neil Sarin

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Labor Pains: Why Contraction Is Not The Solution To Major League Baseball’S Competitive Balance Problems, Bryan Day Mar 2002

Labor Pains: Why Contraction Is Not The Solution To Major League Baseball’S Competitive Balance Problems, Bryan Day

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Assumption Of Risk: An Age-Old Defense Still Viable In Sports And Recreation Cases, Alexander J. Drago Mar 2002

Assumption Of Risk: An Age-Old Defense Still Viable In Sports And Recreation Cases, Alexander J. Drago

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Sharing The Wealth: Don’T Call Us. We’Ll Call You: Why Revenue Sharing Is A Permissive Subject And Therefore The Labor Exemption Does Not Apply., Jessica Cohen Mar 2002

Sharing The Wealth: Don’T Call Us. We’Ll Call You: Why Revenue Sharing Is A Permissive Subject And Therefore The Labor Exemption Does Not Apply., Jessica Cohen

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Start-Up Sports Leagues: Why These Leagues Are Entitled To Use The Ruinous Competition Defense To Justify Anticompetitive Restraints, Marc P. Schwartz* Mar 2002

Start-Up Sports Leagues: Why These Leagues Are Entitled To Use The Ruinous Competition Defense To Justify Anticompetitive Restraints, Marc P. Schwartz*

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.