Law Commons^™

On The Ropes: New Regulations And State Cooperation Step Into The Ring To Protect Boxing From Itself, David Altschuler

Vanderbilt Journal of Entertainment & Technology Law

It is the central thesis of this Note that the NAAGs recommendations represent the necessary linchpin in creating a coherent regulatory regime for ensuring that professional boxing is both safe and legitimate. In order to place a discussion of regulatory solutions in a proper frame, this Note begins by describing the problems that have long plagued professional boxing. This Note next explicates two federal laws designed to redress the corruption and abuses lawmakers found to be inherent in professional boxing. These laws are the Professional Boxing Safety Act ("PBSA") and the Muhammad Ali Boxing Reform Act ("Ali Act"). This Note …

Crossing The (Blue) Line: Is The Criminal Justice System The Best Institution To Deal With Violence In Hockey?, John Timmer

Vanderbilt Journal of Entertainment & Technology Law

This Note argues that the criminal justice system is ill-equipped to, and thus should refrain from, prosecuting professional hockey players for violent acts committed during the course of play. Part II examines professional hockey and provides background regarding the nature of violence in the sport. Part III then discusses the history of prosecution of violent acts committed during professional hockey games, both in Canada and in the United States, providing some context for the type of violent actions that are prosecuted. Part IV examines some of the problems that arise in the prosecution of professional hockey players, including all applicable …

Nfl General Counsel Adolpho Birch Speaks On The Nfl's Drug Policy, Adolpho Birch, Journal Of Entertainment & Tech. Law Editor

Vanderbilt Journal of Entertainment & Technology Law

Our standards are set in stone and frankly I think that's the best way to do it. The Commissioner obviously has discretion to alter the discipline, but it is not the type of discretion that is used lightly. It is better in our view to have a defined system with delineated consequences that occur from the use of a prohibited substance. For example, a positive test for a performance-enhancing substance nets a four-game suspension without pay. That is the rule for a first violation and everybody knows it. And when it happens to you, you will be treated the same …

The Government Tunes In To Tune Out The Marketing Of Violent Entertainment To Kids, Shannon Mccoy

Vanderbilt Journal of Entertainment & Technology Law

This Note examines the recent investigation conducted by the Federal Trade Commission ("FTC" or "Commission") and its 2001 Follow-Up to that inquiry. The September 2000 Report ("Report") concluded that the entertainment industry intentionally and aggressively advertises both R and PG-13 movies to children under the age of 18. As a solution, the FTC recommended self-regulation by the entertainment industry. The 2001 Follow-Up to the Report ("Follow-Up") found that although the movie industry has made progress, a greater effort must be exerted to successfully eliminate the marketing of violent entertainment to children.' Both the Report and the Follow-Up demonstrate that self-regulation …

The Voluntary Practices: The Last-Gasp Of Big Time College Football And The Ncaa, Sarah Lemons

Vanderbilt Journal of Entertainment & Technology Law

College football is desperately in need of new NCAA rules governing voluntary practices and the real problem is that coaches will always find a way to slip around the rules in order to seize the rewards of winning. Therefore, the NCAA must perform its duty and reform the rules to protect the health and well being of the collegiate football player, because as a voluntary association of a coalition of 960 member colleges, it has been given the authority to adopt rules governing its member institutions' recruiting, eligibility, financial aid and admissions.

Part II of this Note will begin by …

Co-Productions: The Future Feature, Jenica Yurcic

Vanderbilt Journal of Entertainment & Technology Law

This Article argues that California should devise an incentive plan to attract film production projects rather than take a defensive posture to deter film flight. The objective of the incentive plan is to consolidate government funding while capitalizing on California's film marketing and distribution expertise, as well as the growing demand for digital post-production services. In an increasingly global film industry, this incentive plan would lower the bottom-line of international productions. The prospect of earning increased profits through international production efforts should attract more business to the California film industry. However, while such a business plan is easy to envision, …

Filmmakers Beware: Protecting Profits Through International Licensing Agreements, Harris E. Tulchin

Vanderbilt Journal of Entertainment & Technology Law

The discussion that follows provides a description of the typical license terms and a more in-depth treatment of three areas of primary importance to the agreement: (1) release requirements; (2) licensed rights terms; and (3) payment obligations. The agreement usually begins with a short description of the particular motion picture licensed, the title, and the key creative elements such as its stars, director, writer, and producer. It states the country or territory to which the motion picture is licensed. The agreement will generally provide for an overall term of a number of years from the availability of certain delivery materials, …

The Recording Industry, Minimum Advertised Pricing Policies And Non-Price Vertical Restraints Of Trade, M. Courtney Mccormick

Vanderbilt Journal of Entertainment & Technology Law

This Note argues that the recording industry's cooperative advertising programs do not run afoul of federal antitrust laws and, in fact, promote interbrand competition. It examines the implications of the cooperative advertising programs adopted by record companies in light of current federal antitrust law. Contrary to claims made by the FTC, the recording industry's actions can withstand antitrust scrutiny because Minimum Advertised Pricing ("MAP") policies serve pro-competitive business purposes. As will be discussed in further detail below, the recording industry has a legitimate interest in pursuing policies that help traditional music retailers stay in business in the face of crippling …

Emerging Issues In Sports Law: Symposium Transcript, Steve Underwood, Christopher Whitson

Vanderbilt Journal of Entertainment & Technology Law

First we manage our litigation and clients. And we have a wide range of claims and suits to take care of. There are league-wide suits. There are labor arbitrations. There are player suits, from time-to-time. And you know the Corey Stringer case that's been filed in Minnesota, for example. We had a somewhat similar experience a few years ago that ended up as a ... cert. denied case of the United States Supreme Court, Smith v. Houston Oilers, a 1996 Fifth Circuit case .... We have a lot of workers' comp problems in our business. Our workcomp expense this year …