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Entertainment, Arts, and Sports Law Commons™
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Articles 241 - 270 of 308
Full-Text Articles in Entertainment, Arts, and Sports Law
Isis’S Get Rich Quick Scheme: Sell The World’S Cultural Heritage On The Black Market—Purchasers Of Isis-Looted Syrian Artifacts Are Not Criminally Liable Under The Nspa And The Mcclain Doctrine In The Eleventh Circuit, Lindsey Lazopoulos Friedman
Isis’S Get Rich Quick Scheme: Sell The World’S Cultural Heritage On The Black Market—Purchasers Of Isis-Looted Syrian Artifacts Are Not Criminally Liable Under The Nspa And The Mcclain Doctrine In The Eleventh Circuit, Lindsey Lazopoulos Friedman
University of Miami Law Review
This article explores how an individual importing a looted artifact may face prosecution and liability in the Eleventh Judicial Circuit. The article begins with a background section that provides additional information about the history of ISIS and ISIS’s current plundering scheme. The background section also provides the legal framework and historical treatment of looted art and stolen artifacts. In particular, this section explains the Eleventh Circuit doctrine on this issue, the McClain doctrine. The McClain doctrine applies the National Stolen Property Act (“NSPA”) to foreign found-in-the-ground claims. Supporters of the doctrine argue that it helps “prevent looting internationally without placing …
True Criminal?: An Analysis And Discussion Of The Crimes Committed By Detective Rustin Cohle In Season One Of Hbo’S Mini-Series True Detective, Kevin J. Cimino
True Criminal?: An Analysis And Discussion Of The Crimes Committed By Detective Rustin Cohle In Season One Of Hbo’S Mini-Series True Detective, Kevin J. Cimino
Pace Intellectual Property, Sports & Entertainment Law Forum
The purpose of this Article is to identify and discuss the numerous laws that Cohle broke during the course of the eight episodes – each episode is discussed separately in Sections II through IX. Here, an extremely important point needs to be made – this Article is not intended to pinpoint exactly how many laws that Cohle would likely be convicted of violating; rather, as is the case generally in the legal profession, many of the actual offenses and charges would be subject to prosecutorial discretion and therefore reasonable minds may disagree with the exact charge. To the extent possible, …
Confronting Nonconsensual Pornography With Federal Criminalization And A “Notice-And-Takedown” Provision, Dalisi Otero
Confronting Nonconsensual Pornography With Federal Criminalization And A “Notice-And-Takedown” Provision, Dalisi Otero
University of Miami Law Review
The issue of nonconsensual pornography has recently been brought into the limelight because of events like the online postings of celebrities’ intimate photos. Non-celebrities, however, have been victimized in this way since long before the recent hackings, and their lives are also changed in the worst possible way. The harms that result from the unconsented-to distribution of an individual’s intimate photos and videos are severe and oftentimes long-lasting. This Comment suggests that an alternative proposal to help nonconsensual pornography victims regain their reputations, their privacy, and their lives, is to federally criminalize the nonconsensual distribution of a person’s intimate images …
From Tragedy To Triumph In The Pursuit Of Looted Art: Altmann, Benningson, Portrait Of Wally, Von Saher And Their Progeny, 15 J. Marshall Rev. Intell. Prop. L. 394 (2016), Donald Burris
UIC Review of Intellectual Property Law
This article is a broad and approachable overview of American law regarding the potential repatriation of Nazi-looted art—an area which the author and his now-retired partner, Randy Schoenberg, helped develop from the ground up starting with the development of the Altmann case, decided by the U.S. Supreme Court in 2004, and continuing on through a number of fascinating looted-art cases of a more recent vintage. Parts of the article read as much like a detective story as a summary of cases and Mr. Burris has been kind enough to share both his approach to these cases and his prognosis for …
The Destruction Of Cultural Heritage: A Crime Against Property Or A Crime Against People?, 15 J. Marshall Rev. Intell. Prop. L. 336 (2016), Patty Gerstenblith
The Destruction Of Cultural Heritage: A Crime Against Property Or A Crime Against People?, 15 J. Marshall Rev. Intell. Prop. L. 336 (2016), Patty Gerstenblith
UIC Review of Intellectual Property Law
The destruction of cultural heritage has played a prominent role in the ongoing conflicts in Syria and Iraq and in the recent conflict in Mali. This destruction has displayed the failure of international law to effectively deter these actions. This article reviews existing international law in light of this destruction and the challenges posed by the issues of non-international armed conflict, non-state actors and the military necessity exception. By examining recent developments in applicable international law, the article proposes that customary international law has evolved to interpret existing legal instruments and doctrines concerning cultural heritage in light of the principles …
Where Are We And Where Are We Going: Legal Developments In Cultural Property And Nazi Art Looting, 15 J. Marshall Rev. Intell. Prop. L. 435 (2016), Thomas Kline
UIC Review of Intellectual Property Law
No abstract provided.
Cultural Plunder And Restitution And Human Identity, 15 J. Marshall Rev. Intell. Prop. L. 460 (2016), Ori Soltes
Cultural Plunder And Restitution And Human Identity, 15 J. Marshall Rev. Intell. Prop. L. 460 (2016), Ori Soltes
UIC Review of Intellectual Property Law
No abstract provided.
Prosecuting The Cia: Does The Computer Fraud And Abuse Act Allow For Liability?, Sam Taterka
Prosecuting The Cia: Does The Computer Fraud And Abuse Act Allow For Liability?, Sam Taterka
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Ninth Circuit's Decision In Von Saher V. Norton Simon Museum Of Art At Pasadena: The Invocation Of The Act Of State Doctrine And Its Implications For Future Nazi-Stolen Art Claims, Erica Wolf
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Terrorists And Antiquities: Lessons From The Destruction Of The Bamiyan Buddhas, Current Isis Aggression, And A Proposed Framework For Cultural Property Crimes, Whitney Bren
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Biblical Fool And The Brander: The Law And Economics Of Propertization In American Trademark Law, William P. Kratzke
The Biblical Fool And The Brander: The Law And Economics Of Propertization In American Trademark Law, William P. Kratzke
Cardozo Arts & Entertainment Law Journal
Isaiah 35:8, which tells of 'fools" upon a highway who shall not err, became authority for the position that the Federal Trade Commission (FTC) should protect fools from deception. This Article examines the biblical passage in context and concludes that it does not support protection of unthinking, credulous people. Ensuing FTC orders based on witnesses' speculation of how fools would construe particular claims actually harmed fools. The FTC retreated Unfortunately, the objective of protecting fools from deception has taken over § 43(a) Lanham Act jurisprudence-but now sellers speculate in competitor lawsuits how fools will construe competitors' claims and undertake to …
Switch Hitters: How League Involvement In Daily Fantasy Sports Could End The Prohibition Of Sports Gambling, Jordan Meddy
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 …
United States V. Barry Bonds V. Bronston: Can Section 1503 Handle The Truth?, Donald K. Kazee
United States V. Barry Bonds V. Bronston: Can Section 1503 Handle The Truth?, Donald K. Kazee
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Effective Aggressiveness And Inconsistencies In The Bijuridical Treatment Of Aggressive Behaviour: Mixed Martial Arts, Bullying, And Sociolegal Quandaries, Sara Gwendolyn Ross
Effective Aggressiveness And Inconsistencies In The Bijuridical Treatment Of Aggressive Behaviour: Mixed Martial Arts, Bullying, And Sociolegal Quandaries, Sara Gwendolyn Ross
Articles, Book Chapters, & Popular Press
This paper seeks to address effective aggressiveness and the treatment of aggressive behaviour in the context of MMA in comparison to the balance of the formal Canadian legal landscape. I choose anti-bullying legislation, and its treatment of aggressive behaviour, as a counterexample to the treatment of aggressive behaviour within the MMA regulatory framework. By intertextually linking and superimposing these two categories of legislation, a critical lens drawing on institutional ethnography is applied. This is done to question and deconstruct the differential treatment of aggressive behaviour and the rationale behind the legislative mixed message sent. This lens also allows me to …
Biometric Passwords And The Privilege Against Self-Incrimination, Kara Goldman
Biometric Passwords And The Privilege Against Self-Incrimination, Kara Goldman
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Title Ix And The Dear Colleague Letter: An Ounce Of Prevention Is Worth A Pound Of Cure, Nick Rammell
Title Ix And The Dear Colleague Letter: An Ounce Of Prevention Is Worth A Pound Of Cure, Nick Rammell
Brigham Young University Education and Law Journal
No abstract provided.
Birthing “Cla”: Critical Legal Activism, The Ip Wars And Forking The Law, Victoria Smith Ekstrand, Andrew Famiglietti, Suzanne V.L. Berg
Birthing “Cla”: Critical Legal Activism, The Ip Wars And Forking The Law, Victoria Smith Ekstrand, Andrew Famiglietti, Suzanne V.L. Berg
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Protecting The Innocent - The Need To Adapt Federal Asset Forfeiture Laws To Protect The Interests Of Third Parties In Digital Asset Seizures, Elizabeth Friedler
Protecting The Innocent - The Need To Adapt Federal Asset Forfeiture Laws To Protect The Interests Of Third Parties In Digital Asset Seizures, Elizabeth Friedler
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Panel Ii: Critical Legal Activism And Netroots Movements, Victoria Smith Ekstrand, Brett Frischmann, John Tehranian, Siva Vaidhyanathan
Panel Ii: Critical Legal Activism And Netroots Movements, Victoria Smith Ekstrand, Brett Frischmann, John Tehranian, Siva Vaidhyanathan
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Caught In A Bind: Reassuring Judicial Authority To Bind Non-Party Search Engines Under Rule 65 In Counterfeit Goods Cases, Courtney Brown
Caught In A Bind: Reassuring Judicial Authority To Bind Non-Party Search Engines Under Rule 65 In Counterfeit Goods Cases, Courtney Brown
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Regulation Of Online Gaming Across Jurisdictions: Success, Standards And Stability, Peter Nelson
The Regulation Of Online Gaming Across Jurisdictions: Success, Standards And Stability, Peter Nelson
Political Science Theses and Capstones
In 2005 the gaming market was worth an estimated six billion dollars, half of that represented by online gambling revenues. However not all jurisdictions (countries) regulate the industry the same. Some jurisdictions allow the industry to flourish while some go as far as banning the industry all together. I gather data on all 75 global jurisdictions that have some form of online gaming. I analyze which regulations allow the industry to prosper while maintaining quality standards, and which regulations do not work. Preliminary analysis shows that the amount of years a country has allowed online gambling, as well as the …
Fictionalized Criminal Law And Youth Legal Consciousness, Avi Brisman
Fictionalized Criminal Law And Youth Legal Consciousness, Avi Brisman
NYLS Law Review
No abstract provided.
The Association Of Adult Businesses With Secondary Effects: Legal Doctrine Social Theory, And Empirical Evidence, Alan C. Weinstein, Richard Mccleary
The Association Of Adult Businesses With Secondary Effects: Legal Doctrine Social Theory, And Empirical Evidence, Alan C. Weinstein, Richard Mccleary
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Who Takes The Heat? Criminal Liability For Heat-Related Deaths In High School Athletics, David Feingold
Who Takes The Heat? Criminal Liability For Heat-Related Deaths In High School Athletics, David Feingold
Cardozo Journal of Equal Rights & Social Justice
The note argues that criminal liability is a necessary and effective measure to address the preventable nature of heat-related deaths in high school sports. It highlights the inadequacy of current civil systems and the protective barriers of qualified immunity, which often shield coaches and schools from accountability. The vulnerability of young athletes, who rely heavily on their coaches for safety, underscores the need for stricter accountability measures to ensure their protection and reduce such tragedies.
Censoring Crimes, Barak Y. Orbach, Allison S. Woolston
Censoring Crimes, Barak Y. Orbach, Allison S. Woolston
Cardozo Arts & Entertainment Law Journal
Concerns regarding the harmful influence of films on youth and adults have always motivated censorship and justified, in some minds, greater government control over content. Many motion pictures portray illegal conduct-theft, robbery, embezzlement, arson, drug dealing, assault, rape, murder, treason, and other crimes. In most instances, commission of the underlying crime is not needed for the production of the film. Despite the perpetual fear of the "capacity for evil" of films, the legality of motion pictures that commercialize crimes has not been studied as a concept. This Essay explores the reasons for this neglect and examines the problems this omission …
The Contradiction: Animal Abuse - Alive And Well, 44 J. Marshall L. Rev. 209 (2010), Katie Galanes
The Contradiction: Animal Abuse - Alive And Well, 44 J. Marshall L. Rev. 209 (2010), Katie Galanes
UIC Law Review
No abstract provided.
The Phases And Faces Of The Duke Lacrosse Controversy: A Conversation, James E. Coleman, Angela Davis, K.C. Johnson, Lyrissa Lidsky
The Phases And Faces Of The Duke Lacrosse Controversy: A Conversation, James E. Coleman, Angela Davis, K.C. Johnson, Lyrissa Lidsky
Faculty Publications
The genesis of this panel is an essay I wrote arguing that the single moniker "Duke lacrosse controversy" encapsulates a broad, multi-faceted legal, political, and social controversy that more accurately consists of five related seriatim sub-controversies. Initially, it was a sexual assault case. An African-American woman, hired as an exotic dancer at a party thrown by members of the Duke University men's lacrosse team, reported to Durham police that she had been sexually assaulted by several white team members. The allegations quickly became a national story, tinged with issues of race, class, gender, privilege, and at some level, the role …
Student Gladiators And Sexual Assault: A New Analysis Of Liability For Injuries Inflicted By College Athletes, Ann Scales
Michigan Journal of Gender & Law
This Article will focus on an issue that was probably not on the minds of 19th century educators, nor primarily on the minds of the legions of present-day academic critics of intercollegiate sports. Namely, this Article explores the ways in which big-time athletics- particularly football-normalize and encourage harms to women, including educational and sexual harms. The author’s theses depend upon acknowledging certain open secrets about college football: that it is a celebration of male physical supremacy (measured by male standards); that it is something that society lets males do and have as their sport, for reasons both good and bad; …
Search And Seizure On Steroids: United States V. Comprehensive Drug Testing And Its Consequences For Private Information Stored On Commercial Electronic Databases, Aaron Seiji Lowenstein
Search And Seizure On Steroids: United States V. Comprehensive Drug Testing And Its Consequences For Private Information Stored On Commercial Electronic Databases, Aaron Seiji Lowenstein
Cardozo Public Law, Policy & Ethics Journal
The Ninth Circuit's decision in United States v. Comprehensive Drug Testing erodes Fourth Amendment protections by allowing government agents to search and seize private information from commercial electronic databases without a warrant or particularized suspicion, raising significant concerns about privacy rights in the digital age. The ruling permits the government to retain and use evidence beyond the scope of the original warrant, undermining constitutional safeguards and disproportionately impacting industries like healthcare. The decision highlights the tension between law enforcement needs and individual privacy, with the dissent warning of far-reaching consequences for personal data security.
Why U.S. Federal Criminal Penalties For Dealing In Illicit Cultural Property Are Ineffective, And A Pragmatic Alternative, Derek Fincham
Why U.S. Federal Criminal Penalties For Dealing In Illicit Cultural Property Are Ineffective, And A Pragmatic Alternative, Derek Fincham
Cardozo Arts & Entertainment Law Journal
No abstract provided.