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2016

Entertainment, Arts, and Sports Law

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Articles 211 - 220 of 220

Full-Text Articles in Law

Are Institutions Of Higher Education Failing To Protect Students?: An Analysis Of Title Ix's Sexual Violence Protections And College Athletics, Anita M. Moorman, Barbara Osborne Jan 2016

Are Institutions Of Higher Education Failing To Protect Students?: An Analysis Of Title Ix's Sexual Violence Protections And College Athletics, Anita M. Moorman, Barbara Osborne

Marquette Sports Law Review

None


Patented Electric Guitar Pickups And The Creation Of Modern Music Genres, Sean M. O'Connor Jan 2016

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 …


No More Mind Games: Content Analysis Of In-Game Commentary Of The National Football League’S Concussion Problem, Jeffrey Parker Jan 2016

No More Mind Games: Content Analysis Of In-Game Commentary Of The National Football League’S Concussion Problem, Jeffrey Parker

Theses and Dissertations (Comprehensive)

American (gridiron) football played at the professional level in the National Football League (NFL) is an inherently physical spectator sport, in which players frequently engage in significant contact to the head and upper body. Until recently, the long-term health consequences associated with on the field head trauma were not fully disclosed to players or the public, potentially misrepresenting the dangers involved in gameplay. Crucial to the dissemination of this information to the public are in-game televised commentators of NFL games, regarded as the primary conduits for mediating in-game narratives to the viewing audience. Using a social constructionist theoretical lens, this …


The Latest Nfl Fumble: Using Its Commissioner As The Sole Arbitrator, Theresa Mullineaux Jan 2016

The Latest Nfl Fumble: Using Its Commissioner As The Sole Arbitrator, Theresa Mullineaux

Journal of Dispute Resolution

The National Football League (NFL) is the governing body of professional football in America and is led by Commissioner Roger Goodell who acts as the chief executive of the NFL overseeing all 32 NFL teams. Amongst his vast powers includes resolving disputes with “full, complete, and final jurisdiction to arbitrate any dispute between any player, coach, and/or other employee of any member of the League (or any combination thereof) and any member club or clubs.” The Commissioner’s ability to make binding decisions in these disputes is diminished by a clear conflict of interest. This must be changed. This Note will …


The Jocks And The Justice: How Sotomayor Restrained College Athletes, Phillip J. Closius Jan 2016

The Jocks And The Justice: How Sotomayor Restrained College Athletes, Phillip J. Closius

All Faculty Scholarship

Two judicial opinions have shaped the modem college athletic world. NCAA v. Board of Regents of the University of Oklahoma declared the NCAA's exclusive control over the media rights to college football violated the Sherman Act. That decision allowed universities and conferences to control their own media revenue and laid the foundation for the explosion of coverage and income in college football today. Clarett v. NFL held that the provision then in the National Football League's (NFL) Constitution and By-Laws that prohibited players from being eligible for the NFL draft until three years from the date of their high school …


Switch Hitters: How League Involvement In Daily Fantasy Sports Could End The Prohibition Of Sports Gambling, Jordan Meddy Jan 2016

Switch Hitters: How League Involvement In Daily Fantasy Sports Could End The Prohibition Of Sports Gambling, Jordan Meddy

Brooklyn Journal of Corporate, Financial & Commercial Law

Whether in the form of lotto tickets or casino table games, gambling is legally permitted in some way in virtually every U.S. state. Yet, in all but a handful of jurisdictions, federal law prohibits wagering on sporting events or professional athletes in any form. Several economically challenged states, particularly New Jersey, have been trying to authorize sports gambling within their borders as a way to raise tax revenues and support their local gambling industries. While these attempts have thus far been unsuccessful, Daily Fantasy Sports have simultaneously experienced a meteoric rise, becoming a multi-billion dollar industry. This Note examines the …


Diamond Justice—Teaching Baseball And The Law, Edmund P. Edmonds Jan 2016

Diamond Justice—Teaching Baseball And The Law, Edmund P. Edmonds

Journal Articles

Authors Louis H. Schiff and Robert M. Jarvis set out to fill a void in the vast array of legal teaching materials by creating Baseball and the Law: Cases and Materials, the first casebook to concentrate on “The National Pastime.” Their goal was to create a casebook that would propel the expansion of teaching law and baseball courses in law schools. By pulling together appropriate cases and primary reading material with detailed and carefully crafted notes, the authors have admirably completed this task with over 1000 pages of text to allow faculty and students in the legal academy a resource …


College Athletic Departments As Media Organizations And The Regulation Of Content: Issues For The Digital Age, Steve Dittmore Dec 2015

College Athletic Departments As Media Organizations And The Regulation Of Content: Issues For The Digital Age, Steve Dittmore

Steve Dittmore

No abstract provided.


Why K-Pop Will Continue To Dominate Social Media: Jenkins' Convergence Culture In Action, Keidra Chaney, Raizel Liebler Dec 2015

Why K-Pop Will Continue To Dominate Social Media: Jenkins' Convergence Culture In Action, Keidra Chaney, Raizel Liebler

Raizel Liebler

YouTube’s first music awards surprised many mainstream music fans in 2013, when the Korean pop (“K-pop”) group Girls’ Generation beat out many U.S. pop music stars for Video of the Year (Yang, 2013). In 2015, the fans of K-pop group T-ara won Billboard’s Fan Army Face-Off, beating out the fans of well-established Western artists like One Direction and Beyoncé (“Fan Army,” 2015). The matchup against One Direction led to the globally trending hashtag on Twitter, #WeLove1DandKpop (“Fan Army,” 2015). While some U.S. critics and Western music fans may see these events as flukes, there is a complex history at play …


A Battlefield Map For Nfl V. Insurance Industry Re: Concussion Liabilities, Christopher French Dec 2015

A Battlefield Map For Nfl V. Insurance Industry Re: Concussion Liabilities, Christopher French

Christopher C. French

When the superstar athlete -“Iron Mike” Webster - a 9-time National Football League (NFL) Pro Bowler, 4-time Super Bowl Champion, Hall of Fame center for the Pittsburgh Steelers died at age 50 with severe brain dysfunction after becoming homeless and living in a truck, it was discovered he had a previously nameless disease, Chronic Traumatic Encephalopathy (CTE). The discovery of CTE opened the floodgates on interest in delayed manifestation brain diseases caused by repeated blows to the head. As part of that flood, numerous class actions were brought by retired NFL football players against the NFL for their alleged …