Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 6 of 6
Full-Text Articles in Law
Fumbling The First Amendment: The Right Of Publicity Goes 2-0 Against Freedom Of Expression, Thomas E. Kadri
Fumbling The First Amendment: The Right Of Publicity Goes 2-0 Against Freedom Of Expression, Thomas E. Kadri
Michigan Law Review
Two circuits in one summer found in favor of college athletes in right-of-publicity suits filed against the makers of the NCAA Football videogame. Both panels split 2–1; both applied the transformative use test; both dissenters predicted chilling consequences. By insisting that the likeness of each player be “transformed,” the Third and Ninth Circuits employed a test that imperils the use of realistic depictions of public figures in expressive works. This standard could have frosty implications for artists in a range of media: docudramas, biographies, and works of historical fiction may be at risk. This Comment examines the tension between the …
Girls Lean Back Everywhere: The Law Of Obscenity And The Assault On Genius, Anne E. Gilson
Girls Lean Back Everywhere: The Law Of Obscenity And The Assault On Genius, Anne E. Gilson
Michigan Law Review
A Review of Girls Lean Back Everywhere: The Law of Obscenity and the Assault on Genius by Edward de Grazia
Constitutional Law--Obscenity--The Right To An Adversary Hearing On The Issue Of Obscenity Prior To The Seizure Of Furtively Distributed Films, Michigan Law Review
Constitutional Law--Obscenity--The Right To An Adversary Hearing On The Issue Of Obscenity Prior To The Seizure Of Furtively Distributed Films, Michigan Law Review
Michigan Law Review
This Note will discuss the procedural safeguards that must be provided when allegedly obscene materials are seized prior to distribution. The discussion will emphasize a consideration of the question whether the procedural requirements with respect to the seizure of printed materials are also applicable to the seizure of films, particularly those films that are being or are intended to be furtively distributed.
Constitutional Law--Freedom Of Speech--Desecration Of National Symbols As Protected Political Expression, Michigan Law Review
Constitutional Law--Freedom Of Speech--Desecration Of National Symbols As Protected Political Expression, Michigan Law Review
Michigan Law Review
Protest groups have long recognized the publicity value of engaging in dramatic kinds of symbolic behavior to express their disapproval of government policy, and recently they have resorted to the desecration of traditionally "sacred" symbols to achieve this end. Recourse to conduct offensive to the patriotic and religious sensibilities of large segments of the population seems to have paralleled the advent of widespread civil disobedience as an instrument of political persuasion. Specifically, dissent over the Vietnam war has produced a number of incidents involving public disrespect for the American flag. Thus, a need has arisen to analyze the extent to …
Carmen: Movies, Censorship And The Law, Abner J. Mikva
Carmen: Movies, Censorship And The Law, Abner J. Mikva
Michigan Law Review
A Review of Movies, Censorship and the Law by Ira H. Carmen
Constitutional Law - Due Process - Validity Of Refusal To Permit The Showing Of A Motion Picture On The Grounds Of Obscenity, Donald F. Oosterhouse S.Ed.
Constitutional Law - Due Process - Validity Of Refusal To Permit The Showing Of A Motion Picture On The Grounds Of Obscenity, Donald F. Oosterhouse S.Ed.
Michigan Law Review
A Chicago municipal ordinance made it unlawful to exhibit any motion picture without first having secured a permit from the Commissioner of Police. The commissioner is required to issue the permit unless he finds the picture "immoral or obscene. . .. " On these grounds he refused to permit exhibition of "The Miracle." Plaintiffs brought suit to have the ordinance declared unconstitutional and to restrain enforcement of the prohibition on the picture. The trial court granted the relief asked. On appeal, held, reversed and remanded to determine if the motion picture is obscene. A prior restraint on the exhibition …