Law Commons^™

A Theoretical Analysis Of Orphan Works, Eden Sarid, Omri Ben-Zvi

Cardozo Arts & Entertainment Law Journal

In American libraries, museums, and archives, there currently are tens of millions of cultural treasures, such as photos, manuscripts, and sound recordings, which hold extraordinary academic, cultural, and historical value. But these valuable items, known as "orphan works, remain out of public reach. Orphan works are subject to copyright, but their copyright owners cannot be located. These works are stuck in limbo-as copyright works, they cannot be used without permission, but permission cannot be granted because the copyright owner is unknown. This exceptional predicament has not escaped the attention of legislators and academics, yet thus far, the United States has …

Ip Law In The Shadow Of Norms, Elizabeth L. Rosenblatt

Cardozo Arts & Entertainment Law Journal

The article explores the interplay between formal intellectual property (IP) law and social norms in governing creative and innovative communities. It argues that while IP law is essential, it should not overshadow the significant role of norms, which often provide effective governance within specific communities. The author suggests that law should be mindful of diverse norms to promote social justice and innovation, recognizing that norms can both complement and conflict with formal legal frameworks.

Maritime Governance : Contextual Factors Affecting Implementation Of Imo Instruments, Deniece Aiken

World Maritime University Ph.D. Dissertations

Maritime governance has been generally described as a complex set of rules and regulations developed for the regulation of shipping. The maritime industry is responsible for transporting over 80% of global trade, and involves interrelations between international bodies, state parties, non-governmental organizations, shipping companies and other stakeholders which, in itself, brings about many intricacies. Regulation of this sector is informed by a constant interplay amongst the various actors centred around the development of international regulations at the International Maritime Organization (IMO), the implementation of these regulations within the national jurisdictions of Member States and the reporting of regulatory outcomes. Whilst …

America Is Watching, But Are They Listening?, Nancy Kartos

Cardozo Arts & Entertainment Law Journal

The note examines the persistent issue of violence against Black people, particularly at the hands of police, and how social media has become a significant factor in hindering accountability. It draws historical parallels between past racial violence, such as lynchings during the Jim Crow era, and contemporary police brutality, highlighting how social media amplifies yet polarizes public discourse. The analysis critiques the legal system's failure to hold police accountable, with a focus on the doctrine of qualified immunity, and explores how political polarization exacerbates the problem. The note ultimately argues that without addressing these systemic and technological challenges, meaningful reform …

Masthead - Cardozo Arts & Entertainment Law Journal, Vol. 41 (2022-23)

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 41, Iss. 1

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Reclaiming Feudalism For The Technological Era, Shelly Kreiczer-Levy

Cardozo Arts & Entertainment Law Journal

The article argues that traditional personal property law fails to adequately address the complexities of AI-capable assets, such as robots, which require a new framework to balance manufacturer control with user rights. It proposes two models—the connection model and the competition model—to regulate these relationships, emphasizing the need for collaboration, data ownership, and consumer protection in the evolving landscape of technological ownership.

Mute Eloquence: A Gallery Of Contracting Emojis, Courtney Leon

Cardozo Arts & Entertainment Law Journal

The increasing use of emojis in electronic communications, exacerbated by the COVID-19 pandemic, has introduced complexity into contract law due to the lack of standardized interpretation. Courts are encountering disputes over emoji meanings, highlighting the need for a uniform framework. The proposed Emoji Codebook aims to address this by categorizing emojis and providing consistent interpretations, aligning with existing laws like the UCC and E-SIGN Act to facilitate clearer contract formation and mitigate misunderstandings.

And A Second Opinion For All... And Anything Else? The Jack Eichel Saga And Issues Of Medical Autonomy, Seth Warshaw

Cardozo Arts & Entertainment Law Journal

The note examines the legal and bioethical implications of the Jack Eichel Saga, focusing on the dispute between Eichel and the Buffalo Sabres regarding medical treatment under the NHL Collective Bargaining Agreement (CBA). It argues that the current CBA's "due consideration" standard for team physicians fails to adequately protect players' medical autonomy and informed consent rights. The analysis concludes that the Sabres would likely prevail in arbitration due to the narrow interpretation of the CBA's provisions, but the dispute highlights the need for reforms to align the CBA with ethical medical standards and enhance player autonomy.

The Past And Future In International Patent Law, Rochelle C. Dreyfuss

Cardozo Arts & Entertainment Law Journal

The organizers of the 2022 International Law Weekend asked us to consider how our fields have changed in the last century and to offer our thoughts about the future. For intellectual property, the changes have been formidable. The Industrial Revolution gave way to an Information Revolution. As a result, knowledge products now constitute a significant share of global wealth. And as the world increasingly endures crises like the recent pandemic, climate change, and food and energy insecurity, technological information will become even more important-indeed, crucial to the survival of the planet.

My own field is international patent law, where there …

Advances In Patent Rights Acquisition In International Patent Law, Sarah R. Wasserman Rajec

Cardozo Arts & Entertainment Law Journal

The article examines the significant developments in international patent law over the past century, focusing on how procedural changes facilitated by treaties like the Paris Convention and the Patent Cooperation Treaty (PCT) have led to substantive shifts in domestic patent laws. It argues that while these procedural streamlinings aim to enhance efficiency, they have also influenced substantive legal changes, such as the U.S. transition from a first-to-invent to a first-to-file patent system. The author highlights the need to recognize how procedural harmonization can shape substantive patent law and policy.

Nine Copyright Things Every Library And Archive Should Know In 2023, Elizabeth Townsend Gard

Cardozo Arts & Entertainment Law Journal

The article argues that libraries are currently experiencing a "golden age" of protection from copyright liability, despite ongoing challenges. It highlights recent legal developments, such as the expansion of the public domain, updates to Section 108 of the Copyright Act, and the implementation of the Marrakesh Treaty, which collectively enhance libraries' ability to serve the public. However, the article also acknowledges significant legal setbacks, including adverse court rulings on controlled digital lending and state e-book laws, which complicate the landscape for libraries seeking to balance copyright compliance with public access.

Re-Striping: Predatory Trademarks And Common Signs, Lior Zemer, Or Morag, Yochai Rosner

Cardozo Arts & Entertainment Law Journal

Trademark laws were traditionally designed based on the belief that there was an infinite supply of eligible registrable signs. However, current studies show that trademark supply is finite, and that we are close to exhausting it. While trademark protection allows proprietors to distinguish between their goods or services from others, and allowing the public to do the same, the extent of such protection requires constant legal attention and reconsideration which, as contemporary trademark policies show, does not take place in the expected frequency.

One of the immediate consequences from this lack of attention is the rapid growth in strength of …

Should The Ncaa Be Subject To Title Ix?, Sarah Allen

Cardozo Arts & Entertainment Law Journal

The note argues that the National Collegiate Athletic Association (NCAA) should be held accountable under Title IX of the Education Amendments of 1972, despite its current exemption, due to its significant role in college athletics and the persistent gender disparities in treatment of male and female athletes. It advocates for overturning the Supreme Court's decision in NCAA v. Smith to bring the NCAA under Title IX purview.

Net Positive: Imposing A Duty To Warn On Baseball Stadium Operators, Eric Rothman

Cardozo Arts & Entertainment Law Journal

The note argues that the Baseball Rule, which shields stadium operators from liability for foul ball injuries if they provide minimal protections, is outdated and inadequate given modern conditions. It proposes modifying the rule to include a duty to warn spectators of each foul ball as it is hit, drawing on Japan's successful implementation of a real-time warning system. This approach balances spectator safety with the preservation of baseball's unique fan experience.

Name, Image And Likeness: Giving College Athletes The Clearest Guidance To Best Profit Off Their Nil, Scott Semaya

Cardozo Arts & Entertainment Law Journal

The note argues that the Supreme Court's decision in NCAA v. Alston has created a legal and regulatory void by invalidating the NCAA's restrictions on student-athletes' ability to profit from their name, image, and likeness (NIL). While the ruling opened the door for student-athletes to earn compensation, it left unresolved questions about the scope and enforcement of NIL rights. The lack of federal legislation has led to a patchwork of state laws, causing confusion and inequities for student-athletes, schools, and the NCAA. The note advocates for immediate federal intervention to establish uniform guidelines and level the playing field, while also …

Keynote Address, Andrew Zimbalist

Cardozo Arts & Entertainment Law Journal

The article examines the evolution of name, image, and likeness (NIL) policies in college athletics, highlighting the legal, economic, and educational implications of allowing college athletes to profit from their NIL. It argues that while recent legal cases and state legislation have expanded NIL rights, the lack of enforceable guardrails has created a chaotic system dominated by booster collectives, exacerbating financial and equity issues in college sports. The analysis critiques the NCAA's ineffective oversight and advocates for congressional intervention to establish a national framework addressing these challenges.

Panel 1: Race, Gender & Equity, Len Elmore, Jo Potuto, Kassandra Ramsey, Felix Wu

Cardozo Arts & Entertainment Law Journal

The article discusses the evolution of Name, Image, and Likeness (NIL) rights in college athletics, focusing on the challenges these rights present for race, gender, and equity. It highlights the need for legal and regulatory reforms to address disparities in NIL opportunities and ensure equitable treatment of student-athletes.

Pay No Attention To The Influencer Behind The Curtain, Eliza Logan

Cardozo Arts & Entertainment Law Journal

The note argues that the Federal Trade Commission (FTC) must strengthen its regulation of social media influencers, particularly on platforms like Instagram, due to their significant influence on consumer behavior and the potential for deceptive marketing practices. It emphasizes that influencers should be held accountable similarly to advertising agencies, as their unique ability to build trust and authenticity with followers makes their endorsements more impactful than traditional advertising.

The Mystery Of The Leavenworth Oaths, M H. Hoeflich, Stephen M. Sheppard

Faculty Articles

Lawyers have sworn an oath to be admitted to the Bar since the beginnings of the Anglo-American legal profession. The oath serves several extremely important purposes. First, it is the formal act that admits an individual into the Bar and confers upon the oath taker the right to perform the duties of an attorney in the jurisdiction in which the oath is given. Second, the oath admits the new attorney to the broader world of the legal profession and signifies that the new attorney has been judged by the oath giver as worthy of the right to practice law. Third, …

Idaho's Law Of Seduction, Michael L. Smith

Faculty Articles

Seduction is a historical cause of action that permitted women's fathers to bring suit on their daughters' behalf in sexual assault and rape cases. This tort emerged long ago when the law's refusal to recognize women's agency left this as the only means of recovering damages in these cases. As time went on, the tort evolved, and women were eventually permitted to bring lawsuits for seduction on their own behalf. Today, most states have abolished seduction, along with other torts permitting recovery for damages arising from intimate conduct. One could be easily forgiven for thinking that such an archaic tort …

Gun Range Immunity: An Argument Against Legalized Nuisance And Non-Governmental Takings, Match Dawson

Faculty Articles

People exhausted by the increasingly fast-paced life and loud noises of the big city will often seek refuge in the solitude of quiet country living. Perhaps naive, the romantic thought of waking to the scenic views of an early morning sunrise burning an orange hue across the pasture or the sweet sounds of a Bachman's sparrow singing from the birdhouse placed neatly within view of the kitchen window is abruptly squashed when rural landowners fall victim to the excessively loud sport of outdoor firearm shooting.

Protecting rural landowners' rights to the quiet use and enjoyment of their property has been …

A Vague, Overconfident, And Malleable Approach To Constitutional Law, Michael L. Smith

Faculty Articles

In New York State Rifle & Pistol Association, Inc. v. Bruen, the Supreme Court overturned a century-old firearms licensing scheme that required people seeking concealed carry permits to demonstrate that they had a special need for self-defense. The Court did so by applying a “historical tradition” approach to determine the scope of Second Amendment protection. Under this approach, where the Second Amendment’s plain text covers an individual’s conduct, a law restricting that conduct must be consistent with “the Nation’s historical tradition of firearm regulation.” At first glance, the historical tradition approach may seem objective and easier than an empirical analysis …

Stress And Wellness Among Correctional Officers In The State Of Oregon, Dewayne Hendrix

Walden Dissertations and Doctoral Studies

It remained unknown if the effects of the employee wellness policy implemented in Oregon in 2018 were reducing stress and improving the health of correctional officers which if it does may benefit the local communities to help enhance social stability. The purpose of this study was to explore the effects of the employee wellness policy, as implemented in the state of Oregon in 2018, in reducing stress and improving the health of correctional officers. This study was guided by the perceived organizational support theory, which holds that employees develop existential views about how much their employer values their contributions and …

Disenfranchisement Laws Affecting Voting Rights Of Black Americans In Mississippi, April Masha Jones

Walden Dissertations and Doctoral Studies

From Black individuals being enslaved and freed to being incarcerated in modern-day society more frequently than White individuals, the desire to have a voice in the decision-making process has been challenging. Black voters in Mississippi may be underrepresented because of felony disenfranchisement laws. The purpose of this general qualitative study was to examine the lived experiences of Black Mississippians about felony disenfranchisement laws and voting rights. The first research question addressed perceptions of Black Americans in Mississippi regarding the felony disenfranchisement laws. The second research question addressed the experiences related to any political implications among the electorate in Mississippi. The …

International Military Peacekeepers And Sex Offenses Committed In The Central African Republic, Michael Tabung Njong

Walden Dissertations and Doctoral Studies

AbstractStudies have been conducted on the sexual offending of the local population by peacekeepers, but few have been conducted on the lived experience of professionals providing support and assistance to these victims. This qualitative phenomenological study was conducted to explore the lived experiences of experts providing support and assistance to victims of sex offenses committed in the Central African Republic by international military peacekeepers. The classical deterrence and retributive justice theories guided the study. Participants were recruited through snowball sampling and data collected through face-to- face interviews and analyzed using the Modified Van Kaam method. Two research questions were used …

A Qualitative Study Of Urban Male Perception And Definition Of Respect For Law Enforcement Officers, Kyla Duckworth Lurry

Walden Dissertations and Doctoral Studies

Among African American males, deaths are alarmingly high for reasons that cannot be completely pinpointed. The purpose of this study was to analyze the definition and perception of respect and law enforcement by an African American male and to determine if Goffman’s dramaturgical model is sufficient to explain the social acceptance respect phenomena. Micro-sociological assessments of everyday social interactions are often based on dramaturgy, a sociological perspective. In a dramaturgical model, social interaction is analyzed as an actor’s performance on stage. This study employed a qualitative design so that the research questions could be answered. Based on the findings of …

Gang Diversion Programs In The Success Of Reducing Youth Gang Membership, Francis Songtiib Laari

Walden Dissertations and Doctoral Studies

AbstractThe rate of youth involvement in gang membership and crime has become a problem in Fairfax County, Virginia. It has increased violent crimes, drug trade, and incarceration rates for youths and decreased child school graduation rates. Youth gang membership is a significant public issue with broad mental and psychological implications for the child, family, and community because of the potential to commit a crime. Early exposure to gangs and violent neighborhoods can profoundly and negatively impact the residents. Researchers have explored why many children join gangs, but none have examined gang diversion programs' success in reducing youth gang membership. In …

Gender Dynamics In The Management Care Of Internally Displaced Persons: The Boko Haram Insurgency, Evelyn Kikelomo Ikuenobe Otaigbe

Walden Dissertations and Doctoral Studies

The Boko Haram asymmetric insurgency and warfare have decimated the Northeastern region of Nigeria and its neighboring environs of Chad, Niger, and Benin. The purpose of this study was to explore the peculiar socioethnic and cultural challenges encountered by female victims of Boko Haram terrorism at internally displaced persons camps in Abuja, Nigeria, including challenges in functioning, relocating, and acclimating back into society. A phenomenological approach was applied to understand participants’ lived experiences. Data collection occurred through interviews and observation. Data analysis involved the synthesis of narratives, and generation of themes. Among the emergent themes were poor feeding; lack of …

Exploring Jury Nullification: Its Political History, Current, And Potential Impact On Policy, David Harold Penny

Walden Dissertations and Doctoral Studies

Jury nullification (JN) is when a jury knows a defendant is legally guilty, but states they are not guilty, believing that their verdict better serves justice in that case. The problem is the violation of the Constitution’s equal protection clause for all citizens, caused by the intentional omission in most judges’ instructions to juries of JN. The purpose of the study was to fill the gap in the literature on jury behavior and address the problem of JN. The study framework is chaos theory as applied by Horowitz to jury behavior. It describes judges and lawmakers mistrust of juries associated …