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- Fordham Intellectual Property, Media and Entertainment Law Journal (33)
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Articles 1 - 30 of 111
Full-Text Articles in Law
Hard Ball, Soft Law In Mlb: Who Died And Made Wada The Boss?, George T. Stiefel Iii
Hard Ball, Soft Law In Mlb: Who Died And Made Wada The Boss?, George T. Stiefel Iii
Buffalo Law Review
No abstract provided.
The Rhetoric Of Predictability: Reclaiming The Lay Ear In Music Copyright Infringement Litigation, Austin Padgett
The Rhetoric Of Predictability: Reclaiming The Lay Ear In Music Copyright Infringement Litigation, Austin Padgett
The University of New Hampshire Law Review
[Excerpt] “Some things cannot be described. This is the theory that recent literary criticism has placed as its cornerstone. Philosopher-critic Roland Barthes identified this trend in his Mythologies, stating that critics often “suddenly decide that the true subject of criticism is ineffable, and criticism, as a consequence, unnecessary. Unfortunately, this view has become singular within the legal academy whenever an author discusses music copyright infringement analysis. It seems that scholars fear the thought of trusting a jury with such an “ineffable” subject as music and must propose alternatives, such as expert testimony, specialized courts, or mechanical analysis, that will diminish …
Academia To Industry Technology Transfer: An Alternative To The Bayh-Dole System For Both Developed And Developing Nations, Dov Greenbaum
Academia To Industry Technology Transfer: An Alternative To The Bayh-Dole System For Both Developed And Developing Nations, Dov Greenbaum
Fordham Intellectual Property, Media and Entertainment Law Journal
Renewed efforts to bring science and technology to the center of economic revival in developing nations recognize the centrality of the university in the creation and promotion of science and innovation. Many developed nations, following the paradigmatic U.S. technology transfer system, transfer their academic innovations to industry—through licensing intellectual property—for eventual commercialization. While conventional wisdom places the Carter era Bayh-Dole legislation at the center of that successful American system, this Article argues that the U.S. biotechnology and high tech booms are more likely attributable to the confluence of unique and propitious conditions, and that Bayh-Dole played a marginal role in …
The Social Contract And Authorship: Allocating Entitlements In The Copyright System. , Alina Ng
The Social Contract And Authorship: Allocating Entitlements In The Copyright System. , Alina Ng
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Harmony And Its Functionality: A Gloss On The Substantial Similarity Test In Music Copyrights., Sergiu Gherman
Harmony And Its Functionality: A Gloss On The Substantial Similarity Test In Music Copyrights., Sergiu Gherman
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Incentivizing Postmarketing Pharmaceutical Product Safety Testing With Extension Of Exclusivity Periods, Leslie Kushner
Incentivizing Postmarketing Pharmaceutical Product Safety Testing With Extension Of Exclusivity Periods, Leslie Kushner
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
When The Schoolhouse Gate Extends Online: Student Free Speech In The Internet Age., David J. Fryman
When The Schoolhouse Gate Extends Online: Student Free Speech In The Internet Age., David J. Fryman
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Inequitable Conduct: A Standard In Motion., Benjamin Brown
Inequitable Conduct: A Standard In Motion., Benjamin Brown
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
How The United States Government Sacrifices Athletes' Constitutional Rights In The Pursuit Of National Prestige, Dionne L. Koller
How The United States Government Sacrifices Athletes' Constitutional Rights In The Pursuit Of National Prestige, Dionne L. Koller
BYU Law Review
No abstract provided.
Balco, The Steroids Scandal, And What The Already Fragile Secrecy Of Federal Grand Juries Means To The Debate Over A Potential Federal Media Shield Law, Peter Meyer
Indiana Law Journal
No abstract provided.
Just A Concern For Good Manners: The Second Circuit Strikes Down The Fcc's Broadcast Indecency Regime, Michael Strocko
Just A Concern For Good Manners: The Second Circuit Strikes Down The Fcc's Broadcast Indecency Regime, Michael Strocko
University of Miami Business Law Review
No abstract provided.
What Is Truth?: True Suspects And False Defamation, Peter B. Kutner
What Is Truth?: True Suspects And False Defamation, Peter B. Kutner
Fordham Intellectual Property, Media and Entertainment Law Journal
A television station reports that an individual is a suspect in a murder case. A newspaper reports that a business or charity is under investigation to determine whether it has provided funding to terrorists or terrorist organizations. It is true that the individual is a suspect in the police investigation of the murder, and that the government is investigating the business or charity for possible financial links to terrorists. However, the suspicion is wrong, or at least unprovable. As far as can be determined from the available evidence, the individual did not commit a murder, and the business or charity …
Bridgeport Redux: Digital Sampling And Audience Recoding, David M. Morrison
Bridgeport Redux: Digital Sampling And Audience Recoding, David M. Morrison
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Made In China: How Chinese Counterfeits Are Creating A National Security Nightmare For The United States, Laura C. Nastase
Made In China: How Chinese Counterfeits Are Creating A National Security Nightmare For The United States, Laura C. Nastase
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Continuing Evolution Of Consent And Authority In Digital Search And Seizure, Aaron Stanley
The Continuing Evolution Of Consent And Authority In Digital Search And Seizure, Aaron Stanley
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Jurisdictional Issues In The Adjudication Of Patent Law Malpractice Cases In Light Of Recent Federal Circuit Decisions, Michael Ena
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
We Interrupt This Broadcast: Will The Copyright Royalty Board’S March 2007 Rate Determination Proceedings Pull The Plug On Internet Radio?, Erich Carey
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Day The (Digital) Music Died: Bridgeport, Sampling Infringement, And A Proposed Middle Ground, Joshua Crum
The Day The (Digital) Music Died: Bridgeport, Sampling Infringement, And A Proposed Middle Ground, Joshua Crum
BYU Law Review
No abstract provided.
Balancing Individual And Societal Interests Under The First Amendment: How The Eighth Circuit Saved Fantasy Baseball, Salvatore Vetrini
Balancing Individual And Societal Interests Under The First Amendment: How The Eighth Circuit Saved Fantasy Baseball, Salvatore Vetrini
Pace Law Review
No abstract provided.
Should Oscar Run?, Peter Charlish, Dr. Stephen Riley
Should Oscar Run?, Peter Charlish, Dr. Stephen Riley
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
“It’S The Same Old Song”: The Failure Of The Originality Requirement In Musical Copyright, Valeria M. Castanaro
“It’S The Same Old Song”: The Failure Of The Originality Requirement In Musical Copyright, Valeria M. Castanaro
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Performing Art: National Endowment For The Arts V. Finley, Randall P. Bezanson
Performing Art: National Endowment For The Arts V. Finley, Randall P. Bezanson
Federal Communications Law Journal
In this modified version of a chapter in his forthcoming book, ART AND FREEDOM OF SPEECH (Univ. of Illinois Press, 2008-09), Professor Bezanson begins to probe the nature of art and its relation to the first amendment free speech guarantee. The essay uses the Finley v. NEA case, and specifically its discussion of Finley's performance art, to critique the Supreme Court's very approach to the Finley case, and to view the issues from the perspective of art, artistic freedom, and the Supreme Court's role in fashioning constitutional protection for art as art, and not simply as cognitive speech.
Dealing With The Nfl's Concussion Problems Of Yesterday, Today, And Tomorrow, Bryan Lipsky
Dealing With The Nfl's Concussion Problems Of Yesterday, Today, And Tomorrow, Bryan Lipsky
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Olympic Binding Arbitration Clause And The Court Of Arbitration For Sport: An Analysis Of Due Process Concerns, Jason Gubi
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel I: The Business Method Patent And The Patent Reform Act Of 2007: Can The Law Keep Pace With Technology?, John Richards, Jeanne Fromer, Walter Hanchuk, Scott D. Locke
Panel I: The Business Method Patent And The Patent Reform Act Of 2007: Can The Law Keep Pace With Technology?, John Richards, Jeanne Fromer, Walter Hanchuk, Scott D. Locke
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Business Method Patents: The Challenge Of Coping With An Ever Changing Standard Of Patentability, Scott D. Locke, William D. Schmidt
Business Method Patents: The Challenge Of Coping With An Ever Changing Standard Of Patentability, Scott D. Locke, William D. Schmidt
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel Ii: The Death Or Rebirth Of The Copyright?, Hugh C. Hansen, Diane Zimmerman, Robert Kasunic, Brett Frischmann
Panel Ii: The Death Or Rebirth Of The Copyright?, Hugh C. Hansen, Diane Zimmerman, Robert Kasunic, Brett Frischmann
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Making Circumstantial Proof Of Distribution Available, Robert Kasunic
Making Circumstantial Proof Of Distribution Available, Robert Kasunic
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel Iii: Trademarks V. Free Speech In Cyberspace, Sonia Katyal, Robert Weisbein, William Mcgeveran, Brett Frischmann
Panel Iii: Trademarks V. Free Speech In Cyberspace, Sonia Katyal, Robert Weisbein, William Mcgeveran, Brett Frischmann
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Four Free Speech Goals For Trademark Law, William Mcgeveran
Four Free Speech Goals For Trademark Law, William Mcgeveran
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.