Entertainment, Arts, and Sports Law Commons^™

History Turned "Sideways": Granholm V. Heald And The Twenty-First Amendment, Harris Danow

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Leakers, Bloggers, And Fourth Estate Inmates: The Misguided Pursuit Of A Reporter's Privilege, Randall D. Eliason

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Constitutional Validity Of Circuit Court Opinions Limiting The American Right To Sexual Privacy, Shelly Elimelekh

Cardozo Arts & Entertainment Law Journal

No abstract provided.

A Duty To Protect The Rights Of Performers? Constitutional Foundations Of An Intellectual Property Right, Michael Gruenberger

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Constitutionality Of Testing High School Male Athletes For Steroids Under Vernonia School District V. Acton And Board Of Education V. Earls, Thomas Proctor

BYU Law Review

No abstract provided.

Does The Constitution Apply To The Actions Of The United States Anti-Doping Agency?, Dionne L. Koller

All Faculty Scholarship

Since its formation in 2000, the United States Anti-Doping Agency (USADA) has aggressively pursued athletes who are believed to have used performance-enhancing substances and has aggressively prosecuted those who ultimately test positive. To many, this is a long overdue response to the growing problem of doping in sports. But to others, USADA's actions, and the federal government's support of these efforts, has sparked enormous controversy. This article examines USADA and its relationship to the federal government to determine whether USADA's actions could be constrained by the Constitution. While it is clear that USADA has very close ties to the federal …

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

Copyright Law, The Production Of Creative Works And Cultural Growth In Cyberspace , Alina Ng

ExpressO

The Internet has affected information flow in copyrighted content in a profound manner. Authors and artists are enabled through the Internet to assert greater control over the flow of information in their works as these new technologies offer new and different distribution channels for content. These new technologies also allow consumers to use content in ways, which had not been anticipated by the copyright industries. This paper presents that copyright law was developed for a specific purpose, which was to encourage learning and growth. As new technologies emerge and as content industries experience changes in information flow in copyrighted works, …

Copyright Law, The Production Of Creative Works And Cultural Growth In Cyberspace , Alina Ng

ExpressO

The Internet has affected information flow in copyrighted content in a profound manner. Authors and artists are enabled through the Internet to assert greater control over the flow of information in their works as these new technologies offer new and different distribution channels for content. These new technologies also allow consumers to use content in ways, which had not been anticipated by the copyright industries. This paper presents that copyright law was developed for a specific purpose, which was to encourage learning and growth. As new technologies emerge and as content industries experience changes in information flow in copyrighted works, …

Video Games As A Protected Form Of Expression, Paul E. Salamanca

Georgia Law Review

Video games, like motion pictures, failed to qualify for First Amendment protection until well after they emerged as a medium. Today, a number of courts have held that such games constitute a form of expression and do not fall into any recognized category of unprotected speech. Nevertheless, a number of commentators have called for limited constitutional protection for video games, predicating their arguments on a variety of grounds, including the alleged deleterious effects of such games on children. This Article responds to these commentators and defends recent decisions extending protection to video games.

Too Famous For The Right Of Publicity: Etw Corp. And The Trend Towards Diminished Protection For Top Celebrities, Michael Sloan

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Law, Geography And Cyberspace: The Case Of On-Line Territorial Privacy, Daniel Benoliel

Cardozo Arts & Entertainment Law Journal

Territorial privacy, one of the central categories of privacy protection, involves setting limit boundaries on intrusion into an explicit space or locale. Initially, the Restatement (Second) of Torts, which defined the privacy tort of intrusion as applied by courts, most notably designated two classes of excluded areas: "private" places in which the individual can expect to be free from intrusion, and "non-private" places, in which the individual does not have a recognized expectation of privacy. In the physical world, courts ultimately held, almost uniformly, that the tort of intrusion could not occur in a public place or in a place …

The Rave Act: A Specious Solution To The Serious Problem Of Increased Ecstasy Distribution Within The United States That Is Unconstitutionally Overbroad, Erin Treacy

ExpressO

The RAVE Act amends the 1986 "Crackhouse Statute" on the assumption that electronic music concerts are comparable to crackhouses. This article submits that the rationale behind the former Crackhouse statute does not logically support the RAVE Act and that the new law, as enacted, is unconstitutionally overbroad, infringing upon First Amendment rights. This article shows that the “rave culture,” its associated drug use and electronic music performances (sometimes known as raves) are not inextricably linked. The article also explores policy arguments that may be asserted against the RAVE Act and provides suggestions on how to amend the existing statute to …

Shakin' It To The Back Of The Bus: How Parks V. Laface Uses The Artistic Relevance Test To Adjudicate Artistic Content, Mitchell David Greggs

Washington and Lee Law Review

No abstract provided.

On Media Consolidation, The Public Interest, And Angels Earning Wings, Victoria F. Phillips

American University Law Review

No abstract provided.

The International Video Industry: Principles For Vertical Agreements And Integration, John H. Barton

Cardozo Arts & Entertainment Law Journal

No abstract provided.

In Opposition To The Proposed Media Marketing Accountability Act Of 2001, Angela M. Papalaskaris

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Free Speech Coalition & Adult Entertainment: An Inside View Of The Adult Entertainment Industry, Its Leading Advocate & The First Amendment, Clay Calvert, Robert Richards

Cardozo Arts & Entertainment Law Journal

No abstract provided.

"When A Nation Is At War": A Context-Dependent Theory Of Free Speech For The Regulation Of Weapon Recipes, Liezl Irene Pangilinan

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Heroes Of The First Amendment, Frederick Schauer

Michigan Law Review

In 1950, Felix Frankfurter famously observed that "[i)t is a fair summary of history to say that the safeguards of liberty have frequently been forged in controversies involving not very nice people." The circumstances of Justice Frankfurter's observation were hardly atypical, for his opinion arose in a Fourth Amendment case involving a man plainly guilty of the crime with which he had been charged - fraudulently altering postage stamps in order to make relatively ordinary ones especially valuable for collectors. Indeed, Fourth Amendment cases typically present the phenomenon that Frankfurter pithily identified, for most of the people injured by an …

Righting The Canoe: Title Ix And The Decline Of Men's Intercollegiate Athletics, 37 J. Marshall L. Rev. 257 (2003), Andrew J. Boyd

UIC Law Review

No abstract provided.

Balancing As Art: Justice White And The Separation Of Powers, William J. Wagner

Scholarly Articles

In more than one key opinion, Justice Byron White cited Justice Robert H. Jackson's concept of the "art of governing" as the cornerstone of his own approach to separation-of-powers problems.' In Youngstown Sheet & Tube Co. v. Sawyer, Justice Jackson had written:

The actual art of governing under our Constitution does not and cannot conform to judicial definitions of the power of any of its branches based on isolated clauses or even single Articles torn from context. While the Constitution diffuses power the better to secure liberty, it also contemplates that practice will integrate the dispersed powers into a workable …

The Control Over The De-Identification Of Data, Benjamin Charkow

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Can Police Track Your Wireless Calls? Call Location Information And Privacy Law, Laurie Thomas Lee

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Show Must Go On As Academic Freedom Saves The Day: But Where Does Academic Freedom End And The Establishment Clause Begin And Has The Seventh Circuit Restricted The Limited Public Forum In Linnemeir V. Board Of Trustees Of Purdue University, Drew Whelan

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Knicks-Heat And The Appropriateness Of Sanctions In Sport, Robert L. Bard, Lewis Kurlantzic

Cardozo Arts & Entertainment Law Journal

No abstract provided.

A Constitutional Crisis In The Digital Age: Why The Fbi's "Carnivore" Does Not Defy The Fourth Amendment, Aaron Y. Strauss

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Wipe Out In Aclu V. Johnson: Can Any Regulation Of Surfing The Net Withstand Constitutional Scrutiny, Jennifer Lamaina

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Girls Lean Back Everywhere: The Law Of Obscenity And The Assault On Genius, Edward De Grazia

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Alan Isaacman And The First Amendment: A Candid Interview With Larry Flynt's Attorney, Clay Calvert, Robert D. Richards

Cardozo Arts & Entertainment Law Journal

No abstract provided.