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Articles 31 - 60 of 106
Full-Text Articles in Law
Fair Game: The Application Of Fair Use Doctrine To Machinima. , Christopher Reid
Fair Game: The Application Of Fair Use Doctrine To Machinima. , Christopher Reid
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Litigating Second Life Land Disputes: A Consumer Protection Approach. , Paul Riley
Litigating Second Life Land Disputes: A Consumer Protection Approach. , Paul Riley
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
What's Sex Got To Do With It - A Cinematic Critique On The Arguments Against Same-Sex Marriage, Scott Norton
What's Sex Got To Do With It - A Cinematic Critique On The Arguments Against Same-Sex Marriage, Scott Norton
UC Law SF Communications and Entertainment Journal
For years, the same governmental interests have been presented to justify prohibitions on same-sex marriage. Supporters of the ban argue that marriage promotes procreation and child-rearing, neither of which can supposedly be done within the confines of a same-sex relationship. This note suggests the movie I Now Pronounce You Chuck & Larry illustrates that in practice, these justifications have become antiquated. Instead of defining marriage as two individuals in a committed relationship, courts tend to inject social mores into their decisions regarding the legality of same-sex marriage.
C.B.C. Distribution And Marketing, Inc. V. Major League Baseball Advanced Media, L.P.: The First Amendment Versus The Right Of Publicity In The Eighth Circuit, Surina Mann
UC Law SF Communications and Entertainment Journal
This note examines the friction between the First Amendment and the right of publicity by examining the case of C.B.C. Distribution and Marketing, Inc. v. Major League Baseball Advanced Media, L.P., a case regarding fantasy league baseball. This note begins by discussing the legacy of the right of publicity, the policy goals that the right of publicity was devised to further, and several different tests that courts have designed to balance the right of publicity with the rights guaranteed by the First Amendment. This note then goes on to illustrate the background of fantasy league baseball and critique the C.B.C. …
The Nation's Broadband Success Story: The Secrecy Of Fcc Broadband Infrastructure Statistics, Benjamin W. Cramer
The Nation's Broadband Success Story: The Secrecy Of Fcc Broadband Infrastructure Statistics, Benjamin W. Cramer
UC Law SF Communications and Entertainment Journal
The Federal Communications Commission regularly promotes the competitiveness of the American broadband market and the availability of robust services to consumers. Since 2000, the Commission has reported on broadband deployment by zip code, and by late 2006 broadband was supposedly available in 99% of American zip codes, with those zip codes representing 99% of the population. However, the viability of the FCC's zip code-based measurement methodology has long been a matter of controversy, because until recently broadband was counted as "available" in a zip code even if as few as one household in the area has obtained service. This paper …
How Hands-On Will Regulation Of Hands-Free Be - An Analysis Of Sb 1613 And The Effectiveness Of Its Proposed Regulation, Jessica Croze
How Hands-On Will Regulation Of Hands-Free Be - An Analysis Of Sb 1613 And The Effectiveness Of Its Proposed Regulation, Jessica Croze
UC Law SF Communications and Entertainment Journal
In order to prepare for the consequences of this new law, it will be extremely valuable to understand how "hands-free laws" are regulated in other states. Comparing California's new regulations to these existing laws and recognizing the history behind its inaction are crucial. An analysis of these previous attempts to regulate cell phone use while driving will ease the adoption of this new legislation in California. Since California's legislation, Bill 1613, regarding the ban on hand-held cellular devices while driving, was enacted the resulting public effect may have failed to fulfill the intention of the law.
The Politics Of Power: A Social Architecture Analysis Of The 2005-2008 Federal Shield Law Debate In Congress, Cathy Packer
The Politics Of Power: A Social Architecture Analysis Of The 2005-2008 Federal Shield Law Debate In Congress, Cathy Packer
UC Law SF Communications and Entertainment Journal
Would a federal shield law hamper the U.S. Department of Justice's power to combat terrorism and other crimes? Would the law protect the media from the chilling effects of federal subpoenas? Or would the law unwisely grant the already powerful media legal rights denied to other citizens? And who should have the power to decide whether to allow the media to refuse to comply with federal subpoenas? These and similar questions about how power should be distributed among branches of the federal government and the media were at the center of the Congressional hearings and debate on the proposed federal …
Is Free Riding Aided By Parody To Sneak Between The Cracks Of The Trademark Dilution Revision Act, Corina I. Cacovean
Is Free Riding Aided By Parody To Sneak Between The Cracks Of The Trademark Dilution Revision Act, Corina I. Cacovean
UC Law SF Communications and Entertainment Journal
Dilution as a form of intrusion on a trademark has been the object of intense consumer and competition discourses in United States. From the United States Supreme Court decision in Moseley v. VSecret Catalogue, in 2003, to the Fourth Circuit's decision in Louis Vuitton Malletier S.A. v. Haute Diggity Dog, LLC, in 2006, the concept of dilution has become more sophisticated and its intersection with unfair competition and First Amendment law is far from being settled. This note is an attempt to answer the questions of whether the courts, by broadly interpreting the TDRA as being designed to protect freedom …
Intellectual Property Infringement: The Question Of Advertising Injury, Hilary Ditch
Intellectual Property Infringement: The Question Of Advertising Injury, Hilary Ditch
UC Law SF Communications and Entertainment Journal
Over the past several decades, business entities have increasingly relied on Commercial General Liability insurance for coverage and protection against the significant costs of defending against intellectual property lawsuits. However, despite this increased usage, the coverage provided for intellectual property infringement claims by Commercial General Liability insurance policies remains uncertain and indeterminate. This frustrating conclusion, reached by numerous courts, legal scholars and insurance practitioners, captures the current state of the law as it applies to coverage for intellectual property infringement claims. Consequently, many business entities seeking to apply their insurance policies to defend against intellectual property claims may face uncertainty …
Targeting Bad Behavior: Why Federal Regulators Must Treat Online Behavioral Marketing As Spyware, Heather Ng Osborn
Targeting Bad Behavior: Why Federal Regulators Must Treat Online Behavioral Marketing As Spyware, Heather Ng Osborn
UC Law SF Communications and Entertainment Journal
The FTC has sanctioned more than a dozen companies during the past two years for privacy violations involving the improper installation of spyware software on personal computers. The spyware software allowed companies to watch and control consumers' online activities, either without the consumer's knowledge or with the consumer's knowledge but without reasonable means for the consumer to stop it. The practice of online targeted advertising raises similar privacy issues as the use of spyware software because it also involves behind-the-scenes tracking, which most consumers never notice. Online targeted advertising allows marketing companies to engage in the same behavior as companies …
Mobile Messaging Making E-Discovery Messy: Mobile Messaging And Electronic Discovery, Daniel B. Garrie, Maureen Duffy-Lewis, Richard L. Gillespie, Mari Joller
Mobile Messaging Making E-Discovery Messy: Mobile Messaging And Electronic Discovery, Daniel B. Garrie, Maureen Duffy-Lewis, Richard L. Gillespie, Mari Joller
UC Law SF Communications and Entertainment Journal
Mobile e-discovery spans the globe and creates a multitude of issues for litigants and the courts. The issue of privacy, jurisdiction, privilege, and consent intersect in the mobile space with users sending text messages, twittering, posting notes and videos on-line, and sharing pictures all in the span of a work day. Of course this is further complicated by the integration of the 24/7 workplace and the electronic discovery issues of retention, preservation, and production of the data that mobile devices create. This article examines these issues and provides an overview of some of the more common underlying mobile telecommunication technologies.
Pilots And Public Policy: Steering Through The Economic Ramifications, Victor Matheson, Brad R. Humphreys
Pilots And Public Policy: Steering Through The Economic Ramifications, Victor Matheson, Brad R. Humphreys
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Trademark Battles In A Barbie-Cyber World: Trademark Protection Of Website Domain Names And The Anticybersquatting Consumer Protection Act, Kiran Nasir Gore
Trademark Battles In A Barbie-Cyber World: Trademark Protection Of Website Domain Names And The Anticybersquatting Consumer Protection Act, Kiran Nasir Gore
UC Law SF Communications and Entertainment Journal
Mattel's Barbie doll is more than just a trademarked toy produced for child consumption-Barbie has entered public discourse and taken on a life of her own as a cultural phenomenon. The Ninth Circuit Court of Appeals has referred to Mattel's Barbie doll as "possibly the most famous toy in history." With this popularity, also comes unwanted attention. She has become an American icon and taken on additional meanings and status at a societal level; attracting the attention of artists, writers, academics, and commentators in a way that is beyond the scope of Mattel's trademark property rights. The tension between Mattel's …
I'M A Highway Star: An Outline For A Federal Right Of Publicity, Sean D. Whaley
I'M A Highway Star: An Outline For A Federal Right Of Publicity, Sean D. Whaley
UC Law SF Communications and Entertainment Journal
The federal government has failed to codify a federal publicity right. This has caused numerous problems recently, as varying state laws unevenly restrain the commercial speech of many actors in interstate commerce. However, the nature of the publicity right as a property right and its essential function in interstate commerce calls for Congress to adopt a federal publicity right. Similar to the dual system of trademark protection, a federal publicity right will not preempt such rights at the state level. Rather, establishing such a right will detail proper justification and contours of the right. By establishing a federal right, the …
The Friends Creative Exemption: How Stereotypes Play A Role In Objectivity Standards, Jessica N. Leal
The Friends Creative Exemption: How Stereotypes Play A Role In Objectivity Standards, Jessica N. Leal
UC Law SF Communications and Entertainment Journal
The recent, controversial California Supreme Court holding in Lyle v. Warner Brothers Television Productions is illustrative of whether the pervasiveness of sexually explicit conduct is insufficient as a matter of law or should be sent to the trier of fact. The court held that a former writer's assistant for the popular, adult-oriented television show Friends failed to establish actionable harassment under the California Fair Employment and Housing Act ("FEHA"). According to the court, the circumstances did not establish a prima facie case of hostile workplace environment sexual harassment, even though there was no dispute that sexually coarse and vulgar language …
The Supreme Court As The Grand Mediator In Social Regulation Of The Media - De Gustibus Non Disputandum Est: Or Are They, Richard J. Hunter, Ann M. Mayo, Hector R. Lozada
The Supreme Court As The Grand Mediator In Social Regulation Of The Media - De Gustibus Non Disputandum Est: Or Are They, Richard J. Hunter, Ann M. Mayo, Hector R. Lozada
UC Law SF Communications and Entertainment Journal
This article presents a study of administrative and statutory schemes designed to regulate various aspects of the media in considering broad questions of indecency, obscenity, and societal and parental controls over content in various forms of media broadcasting. The article then provides an important historical back-drop by referencing Burstyn v. Wilson (a 1950s case involving an alleged "secular sacrilege") and Pacifica Foundation (the George Carlin "Filthy Words" monologue case). It then turns to a discussion of the litigation and controversy spurred by passage of the Communications Decency Act of 1996 and the Child Online Protection Act of 1998 as the …
The Super Brawl: The History And Future Of The Sound Recording Performance Right, Brian Day
The Super Brawl: The History And Future Of The Sound Recording Performance Right, Brian Day
Michigan Telecommunications & Technology Law Review
On February 4, 2009, Senator Patrick Leahy introduced the Performance Rights Act ("PRA") to the Senate, joined by Representative John Conyers in the House of Representatives. Thirty-eight years after sound recordings were first granted federal copyright protection against unauthorized reproduction and distribution--and more than ten years after gaining a limited digital performance right--legislation is pending that would once again expand the scope of sound recording copyright to encompass terrestrial radio broadcasts. Historically, such broadcasts have been exempt from sound recording performance royalties.[...] Instead of (or in addition to) seeking remuneration from terrestrial radio stations, this Note suggests that sound recording …
Actual Interpretation Yields Actual Dissemination: An Analysis Of The Make Available Theory Argued In Peer-To-Peer File Sharing Lawsuits, And Why Courts Ought To Reject It, Shana Dines
UC Law SF Communications and Entertainment Journal
The Recording Industry Association of America has sued thousands of individuals for peer-to-peer file sharing in an attempt to save the failing music industry and resist new technology. The lawsuits rely on an interpretation of copyright law that making a work available to the public is an infringement of the distribution right. The recording industry has vigorously argued this "make available" theory because it is easy to prove, given the limited evidence obtainable in peer-to-peer file sharing cases. However, the district courts in various federal circuits are split on accepting this theory, some holding that actual dissemination is required to …
2009 Master Of The Game Award Acknowledgement And Acceptance, Joseph D. Kearney, Joseph E. Tierney, Iii
2009 Master Of The Game Award Acknowledgement And Acceptance, Joseph D. Kearney, Joseph E. Tierney, Iii
Marquette Sports Law Review
No abstract provided.
Sports Arbitration And Enforcing Promises: Brian Shaw And Labor Arbitration, Roger I. Abrams
Sports Arbitration And Enforcing Promises: Brian Shaw And Labor Arbitration, Roger I. Abrams
Marquette Sports Law Review
No abstract provided.
Third And Long: The Issues Facing The Nfl Collective Bargaining Agreement Negotiations And The Effects Of An Uncapped Year, Michael J. Redding, Daniel R. Peterson
Third And Long: The Issues Facing The Nfl Collective Bargaining Agreement Negotiations And The Effects Of An Uncapped Year, Michael J. Redding, Daniel R. Peterson
Marquette Sports Law Review
No abstract provided.
Automatic Outs: Salary Arbitration In Nippon Professional Baseball, David L. Snyder
Automatic Outs: Salary Arbitration In Nippon Professional Baseball, David L. Snyder
Marquette Sports Law Review
No abstract provided.
Play Ball? An Analysis Of Final-Offer Arbitration, Its Use In Major League Baseball And Its Potential Applicability To European Football Wage And Transfer Disputes, Josh Chetwynd
Marquette Sports Law Review
No abstract provided.
Green Sports Facilities: Why Adopting New Green-Building Policies Will Improve The Environment And The Community, Alex B. Porteshawver
Green Sports Facilities: Why Adopting New Green-Building Policies Will Improve The Environment And The Community, Alex B. Porteshawver
Marquette Sports Law Review
No abstract provided.
Labor Relations In The National Hockey League: A Model Of Transnational Collective Bargaining, Mathieu Fournier, Dominic Roux
Labor Relations In The National Hockey League: A Model Of Transnational Collective Bargaining, Mathieu Fournier, Dominic Roux
Marquette Sports Law Review
No abstract provided.
European Football's Home-Grown Players Rules And Nationality Discrimination Under The European Community Treaty, Lloyd Freeburn
European Football's Home-Grown Players Rules And Nationality Discrimination Under The European Community Treaty, Lloyd Freeburn
Marquette Sports Law Review
No abstract provided.
Index: Sports Law In Law Reviews And Journals, Kristen E. Knauf
Index: Sports Law In Law Reviews And Journals, Kristen E. Knauf
Marquette Sports Law Review
No abstract provided.
Book Review: Getting On Base: Unionism In Baseball, Nicholas J. Rieder
Book Review: Getting On Base: Unionism In Baseball, Nicholas J. Rieder
Marquette Sports Law Review
No abstract provided.
When Is A Cpa As Important As Your Era? A Comprehensive Evaluation And Examination Of State Tax Issues On Professional Athletes, Alan Pogroszewski
When Is A Cpa As Important As Your Era? A Comprehensive Evaluation And Examination Of State Tax Issues On Professional Athletes, Alan Pogroszewski
Marquette Sports Law Review
No abstract provided.
2008 Antitrust Developments In Professional Sports: To The Single Entity And Beyond, James T. Mckeown
2008 Antitrust Developments In Professional Sports: To The Single Entity And Beyond, James T. Mckeown
Marquette Sports Law Review
No abstract provided.