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Constitutional Law

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Articles 361 - 390 of 425

Full-Text Articles in Entertainment, Arts, and Sports Law

E-Commerce, Business Method Patents, And The Uspto: An Old Debate For A New Economy, Q. Todd Dickinson Jan 2001

E-Commerce, Business Method Patents, And The Uspto: An Old Debate For A New Economy, Q. Todd Dickinson

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Miranda'S Fall?, Kenji Yoshino May 2000

Miranda'S Fall?, Kenji Yoshino

Michigan Law Review

If one wishes to revisit a classic, Albert Crunus's The Fall is a riskier choice than Harper Lee's To Kill a Mockingbird, which Steven Lubet eloquently discussed last year in these pages. It is not only that Camus's work will be less familiar to legal audiences than Lee's, despite the fact that The Fall is becoming recognized through critical "revisitation" as perhaps Crunus's greatest novel. It is also that the legal protagonist of The Fall, Jean-Baptiste Clamence, does not have Atticus Finch's immediate appeal. Finch is idealistic, Clamence is existential; Finch is pious, Clamence is debauched; Finch is hopeful, Clamence …


Resolving The Dissonant Constitutional Chords Inherent In The Federal Anti-Bootlegging Statute In United States V. Moghadam, Keith V. Lee Jan 2000

Resolving The Dissonant Constitutional Chords Inherent In The Federal Anti-Bootlegging Statute In United States V. Moghadam, Keith V. Lee

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.


The Right To Know?: Delimiting Database Protection At The Juncture Of The Commerce Clause, The Intellectual Property Clause And The First Amendment, Malla Pollack Jan 1999

The Right To Know?: Delimiting Database Protection At The Juncture Of The Commerce Clause, The Intellectual Property Clause And The First Amendment, Malla Pollack

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Art, Distribution & The State: Perspectives On The National Endowment For The Arts, Amy Schwartzman, John Tuskey, Robert W. Peters, Hope O'Keeffe, Roberto Bedoya, David Cole, Marci Hamilton Jan 1999

Art, Distribution & The State: Perspectives On The National Endowment For The Arts, Amy Schwartzman, John Tuskey, Robert W. Peters, Hope O'Keeffe, Roberto Bedoya, David Cole, Marci Hamilton

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Antidiscrimination Laws & Artistic Expression, Steven H. Shiffrin, Gregory R. Smith Jan 1999

Antidiscrimination Laws & Artistic Expression, Steven H. Shiffrin, Gregory R. Smith

Cornell Law Faculty Publications



Yet Another Fox In The Hen House: Government Protection Of Artistic Expression Within Privately Owned Public Spaces, David Rudenstine Jan 1999

Yet Another Fox In The Hen House: Government Protection Of Artistic Expression Within Privately Owned Public Spaces, David Rudenstine

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Art And The Marketplace Of Expression, Marcie A. Hamilton Jan 1999

Art And The Marketplace Of Expression, Marcie A. Hamilton

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Mandatory Hiv Testing Of Professional Boxers: An Unconstitutional Effort To Regulate A Sport That Needs To Be Regulated, Raymond C. O'Brien, Michael T. Flannery Jan 1998

Mandatory Hiv Testing Of Professional Boxers: An Unconstitutional Effort To Regulate A Sport That Needs To Be Regulated, Raymond C. O'Brien, Michael T. Flannery

Scholarly Articles

No abstract provided.


The Indians' Chief Problem: Chief Wahoo As State Sponsored Discrimination And A Disparaging Mark, Jack Achiezer Guggenheim Jan 1998

The Indians' Chief Problem: Chief Wahoo As State Sponsored Discrimination And A Disparaging Mark, Jack Achiezer Guggenheim

Cleveland State Law Review

This article traces the history of the Cleveland Indians and Chief Wahoo. It then suggests and assesses two methods by which the Chief Wahoo emblem may be legally challenged. The first method is to assert that Chief Wahoo, as used in Jacob's Field, is state sponsored discrimination. As such it could be challenged as a violation of equal protection or as racist speech. Alternatively, in addition to proving that the teams' actions should be deemed state actions, a new theory asserting that discriminatory state speech is a violation of the First Amendment could be advanced. Another method by which the …


National Endowment For The Arts V. Finley: Challenging The Facial Challenge, Gloria F. Taft Jan 1998

National Endowment For The Arts V. Finley: Challenging The Facial Challenge, Gloria F. Taft

Campbell Law Review

This Note examines the facial challenge in National Endowment for the Arts ("NEA") v. Finley and how an as-applied challenge may have produced a different outcome. In particular, this Note will analyze the inadequacy of a facial challenge to the "decency & respect" provision, and in the alternative how an asapplied challenge would have invalidated the provision when applied to artists such as the Respondents in Finley.


Deception In Political Advertising: The Clash Between The First Amendment And Defamation Law, Evan Richman Jan 1998

Deception In Political Advertising: The Clash Between The First Amendment And Defamation Law, Evan Richman

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Early Patent Publication: A Boon Or Bane? A Discussion On The Legal And Economic Effects Of Publishing Patent Applications After 18 Months Of Filing, John F. Duffy, Hayden Gregory, Robert Rines, Herbert Wamsley, Douglas Wyatt Jan 1998

Early Patent Publication: A Boon Or Bane? A Discussion On The Legal And Economic Effects Of Publishing Patent Applications After 18 Months Of Filing, John F. Duffy, Hayden Gregory, Robert Rines, Herbert Wamsley, Douglas Wyatt

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Does The Subject Matter? Viewpoint-Neutrality And Freedom Of Speech, Wojciech Sadurski Jan 1997

Does The Subject Matter? Viewpoint-Neutrality And Freedom Of Speech, Wojciech Sadurski

Cardozo Arts & Entertainment Law Journal

No abstract provided.


The Title Ix Tug-Of-War And Intercollegiate Athletics In The 1990'S: Nonrevenue Men's Teams Join Women Athletes In The Scramble For Survival, Susan M. Shook Jul 1996

The Title Ix Tug-Of-War And Intercollegiate Athletics In The 1990'S: Nonrevenue Men's Teams Join Women Athletes In The Scramble For Survival, Susan M. Shook

Indiana Law Journal

No abstract provided.


Copyright Duration Extension And The Dark Heart Of Copyright, Marci A. Hamilton Jan 1996

Copyright Duration Extension And The Dark Heart Of Copyright, Marci A. Hamilton

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Reformulating The New York City Landmarks Preservation Law's Financial Hardship Provision: Preserving The Big Apple, Cindy Moy Jan 1996

Reformulating The New York City Landmarks Preservation Law's Financial Hardship Provision: Preserving The Big Apple, Cindy Moy

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Blocking Preemption: Convergence, Privacy, And The Fcc's Misguided Regulation Of Caller Id, Laura V. Eng Jan 1996

Blocking Preemption: Convergence, Privacy, And The Fcc's Misguided Regulation Of Caller Id, Laura V. Eng

Cardozo Arts & Entertainment Law Journal

No abstract provided.


The Art Of Making Law From Other People's Art, Bruce Rogow Jan 1996

The Art Of Making Law From Other People's Art, Bruce Rogow

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Pulling The Plug: Controversial Programming On Public Access Television And The Cable Television Consumer Protection And Competition Act Of 1992, 28 J. Marshall L. Rev. 399 (1995), Bradley J. Howard Jan 1995

Pulling The Plug: Controversial Programming On Public Access Television And The Cable Television Consumer Protection And Competition Act Of 1992, 28 J. Marshall L. Rev. 399 (1995), Bradley J. Howard

UIC Law Review

No abstract provided.


A Future Without Formalities, Irwin Karp Jan 1995

A Future Without Formalities, Irwin Karp

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Introduction, Jamey Gambrell Jan 1995

Introduction, Jamey Gambrell

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Girls Lean Back Everywhere: The Law Of Obscenity And The Assault On Genius By Edward De Grazia, Robert M. O'Neil Apr 1994

Girls Lean Back Everywhere: The Law Of Obscenity And The Assault On Genius By Edward De Grazia, Robert M. O'Neil

Cardozo Law Review

Such a headline from the 1990s reminds American readers that, however shameful may have been the treatment of obscenity and pornography in the United States during the past one hundred years, things could have been worse. Even so, the record here is hardly a source of pride-nor does the story have an altogether happy ending, if it has one at all. Yet it is a story that badly needs to be told, and never has it been better told than by Edward de Grazia in Girls Lean Back Everywhere.


In Search Of Artistic Excellence: Structural Reform Of The National Endowment For The Arts, Elizabeth E. Degrazia Jan 1994

In Search Of Artistic Excellence: Structural Reform Of The National Endowment For The Arts, Elizabeth E. Degrazia

Cardozo Arts & Entertainment Law Journal

No abstract provided.


The Right Of Publicity Gone Wrong: A Case For Privileged Appropriation Of Identity, Fred M. Weiler Jan 1994

The Right Of Publicity Gone Wrong: A Case For Privileged Appropriation Of Identity, Fred M. Weiler

Cardozo Arts & Entertainment Law Journal

No abstract provided.


In Memory Of Herbert Tenzer, Norman Lamm Jan 1994

In Memory Of Herbert Tenzer, Norman Lamm

Cardozo Arts & Entertainment Law Journal

No abstract provided.


In Memory Of Herbert Tenzer, Frank J. Macchiarola Jan 1994

In Memory Of Herbert Tenzer, Frank J. Macchiarola

Cardozo Arts & Entertainment Law Journal

No abstract provided.


In Memory Of Herbert Tenzer, Lyonel E. Zunz Jan 1994

In Memory Of Herbert Tenzer, Lyonel E. Zunz

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Introduction, Frank J. Macchiarola Jan 1994

Introduction, Frank J. Macchiarola

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Culture And The Canadian Constitution, Patrick J. Monahan Oct 1993

Culture And The Canadian Constitution, Patrick J. Monahan

Osgoode Hall Law Journal

This article examines the current division of powers over cultural matters in the Canadian Constitution and the manner in which the 1992 Charlottetown Accord would have altered that distribution. During the debate over the Charlottetown Accord, it was argued by the federal government and the provinces that the Constitution allocates primary legislative responsibility over cultural matters to the provinces. Therefore, the cultural amendments in the Accord which would have recognized the provinces' exclusive jurisdiction to make laws in relation to culture were justified on the basis that they merely codified the status quo. This paper challenges the belief that the …