Open Access. Powered by Scholars. Published by Universities.®
Entertainment, Arts, and Sports Law Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (199)
- Yeshiva University, Cardozo School of Law (122)
- Villanova University Charles Widger School of Law (42)
- University of Michigan Law School (18)
- Pepperdine University (14)
-
- UIC School of Law (9)
- University of Georgia School of Law (8)
- University of Miami Law School (8)
- Vanderbilt University Law School (8)
- Fordham Law School (6)
- Loyola Marymount University and Loyola Law School (6)
- Northwestern Pritzker School of Law (6)
- Pace University (6)
- The Catholic University of America, Columbus School of Law (6)
- University of Baltimore Law (6)
- Brigham Young University Law School (4)
- Brooklyn Law School (4)
- Maurer School of Law: Indiana University (4)
- Touro University Jacob D. Fuchsberg Law Center (4)
- University of Washington School of Law (4)
- American University Washington College of Law (3)
- Columbia Law School (3)
- Roger Williams University (3)
- Texas A&M University School of Law (3)
- Cleveland State University (2)
- Florida International University College of Law (2)
- Marquette University Law School (2)
- Notre Dame Law School (2)
- University of Arkansas Little Rock (2)
- University of Richmond (2)
- Keyword
-
- First Amendment (42)
- Freedom of speech (35)
- First amendment (19)
- Free speech (14)
- Law (14)
-
- Obscenity (14)
- Right of publicity (12)
- Censorship (11)
- Speech (11)
- Privacy (10)
- Regulation (9)
- Constitution (8)
- Copyright (8)
- Social media (8)
- Freedom of expression (7)
- Music (7)
- SFFA (7)
- Affirmative Action (6)
- Constitutional law (6)
- ESG (6)
- Entertainment (6)
- Expression (6)
- Intellectual property (6)
- Media (6)
- Supreme Court (6)
- Technology (6)
- Zoning (6)
- Antitrust (5)
- Artificial intelligence (5)
- Diversity (5)
- Publication Year
- Publication
-
- Seattle University Law Review (189)
- Cardozo Arts & Entertainment Law Journal (117)
- Jeffrey S. Moorad Sports Law Journal (1994 - ) (40)
- Michigan Law Review (12)
- American Indian Law Journal (9)
-
- Articles (8)
- Faculty Scholarship (8)
- Pepperdine Law Review (8)
- Vanderbilt Journal of Entertainment & Technology Law (8)
- All Faculty Scholarship (6)
- Catholic University Journal of Law and Technology (6)
- Loyola of Los Angeles Entertainment Law Review (6)
- Pace Intellectual Property, Sports & Entertainment Law Forum (5)
- Journal of the National Association of Administrative Law Judiciary (4)
- Scholarly Works (4)
- BYU Law Review (3)
- Federal Communications Law Journal (3)
- Fordham Law Review (3)
- Georgia Journal of International & Comparative Law (3)
- Northwestern University Law Review (3)
- UIC Law Open Access Faculty Scholarship (3)
- UIC Law Review (3)
- Washington Journal of Law, Technology & Arts (3)
- Brooklyn Journal of International Law (2)
- FIU Law Review (2)
- Georgia Journal of Law & Technology (2)
- Law Faculty Publications (2)
- Marquette Sports Law Review (2)
- Northwestern Journal of Technology and Intellectual Property (2)
- The Journal of Business, Entrepreneurship & the Law (2)
- Publication Type
Articles 331 - 360 of 528
Full-Text Articles in Entertainment, Arts, and Sports 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 …
Market Structure And Political Law: A Taxonomy Of Power, Zephyr Teachout, Lina M. Khan
Market Structure And Political Law: A Taxonomy Of Power, Zephyr Teachout, Lina M. Khan
Faculty Scholarship
The goal of this Article is to create a way of seeing how market structure is innately political. It provides a taxonomy of ways in which large companies frequently exercise powers that possess the character of governance. Broadly, these exercises of power map onto three bodies of activity we generally assign to government: to set policy, to regulate markets, and to tax. We add a fourth category – which we call "dominance," after Brandeis – as a kind of catchall describing the other political impacts. The activities we outline will not always fit neatly into these categories, nor do all …
Getting Down To (Tattoo) Business: Copyright Norms And Speech Protections For Tattooing, Alexa L. Nickow
Getting Down To (Tattoo) Business: Copyright Norms And Speech Protections For Tattooing, Alexa L. Nickow
Michigan Telecommunications & Technology Law Review
What level of First Amendment protection should we afford tattooing? General public consensus formerly condemned tattoos as barbaric, but the increasingly diverse clientele of tattoo shops suggests that tattoos have become more mainstream. However, the law has struggled to adjust. The recent proliferation of municipal near-bans on tattooing has brought tattooing to the forefront of First Amendment debates, with cases such as Anderson and Coleman leading the way toward recognizing tattooing as pure speech. Tensions between formal and informal copyright norms in the tattoo industry further highlight the collaborative and expressive nature of the artist-customer relationship and its resulting products, …
The Mpaa: A Script For An Antitrust Production, Ian G. Henry
The Mpaa: A Script For An Antitrust Production, Ian G. Henry
West Virginia Law Review
No abstract provided.
Real To Reel: The Hirsch Case And First Amendment Protection For Film-Makers' Confidential Sources Of Information , Stephen F. Rohde
Real To Reel: The Hirsch Case And First Amendment Protection For Film-Makers' Confidential Sources Of Information , Stephen F. Rohde
Pepperdine Law Review
No abstract provided.
Agencies And The Arts: The Dilemma Of Subsidizing Expression, Jennifer Weatherup
Agencies And The Arts: The Dilemma Of Subsidizing Expression, Jennifer Weatherup
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
S!*T, P*@S, C*^T, F*#K, C*@!S*&!Er, M*!#$*@!*#^R, T*!S - The Fcc's Crackdown On Indecency, Lindsay Weiss
S!*T, P*@S, C*^T, F*#K, C*@!S*&!Er, M*!#$*@!*#^R, T*!S - The Fcc's Crackdown On Indecency, Lindsay Weiss
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
I Want My Mtv, But Not Your Vh1: A La Carte Cable, Bundling, And The Potential Great Cable Compromise, Holly Phillips
I Want My Mtv, But Not Your Vh1: A La Carte Cable, Bundling, And The Potential Great Cable Compromise, Holly Phillips
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Fair Play: The Tension Between An Athletic Association's Regulatory Power And Free Speech Rights Of Member Schools - The Practical Implications Of Tennessee V. Brentwood, Aaron Echols
Journal of the National Association of Administrative Law Judiciary
This case note focuses on the development of free speech rights and how those free speech rights co-exist with the rights of administrative bodies to regulate the speech and behavior of members. In particular, this case note examines the tension between the free speech rights of member schools trying to advertise the benefits of attending their school and the regulatory interests of an athletic association seeking to ensure fair athletic competition and academic priority over athletics.
First Amendment Implications Of Rock Lyric Censorship, Michael A. Coletti
First Amendment Implications Of Rock Lyric Censorship, Michael A. Coletti
Pepperdine Law Review
No abstract provided.
A Descendible Right Of Publicity: Has The Time Finally Come For A National Standard?, J. Steven Bingman
A Descendible Right Of Publicity: Has The Time Finally Come For A National Standard?, J. Steven Bingman
Pepperdine Law Review
No abstract provided.
Tweet Tweet: A First Amendment Wake Up Call Regarding Social Media In The Sports Arena, 30 J. Marshall J. Info. Tech. & Privacy L. 117 (2013), Samantha Levin
Tweet Tweet: A First Amendment Wake Up Call Regarding Social Media In The Sports Arena, 30 J. Marshall J. Info. Tech. & Privacy L. 117 (2013), Samantha Levin
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Baring Inequality: Revisiting The Legalization Debate Through The Lens Of Strippers' Rights, Sheerine Alemzadeh
Baring Inequality: Revisiting The Legalization Debate Through The Lens Of Strippers' Rights, Sheerine Alemzadeh
Michigan Journal of Gender & Law
The debate over legalization of prostitution has fractured the feminist legal community for over a quarter century. Pro-legalization advocates promote the benefits attending government regulation of prostitution, including the ability to better prosecute sex crimes, increase public health and educational resources for individuals in the commercial sex trade, and apply labor and safety regulations to the commercial sex industry in the same manner as they are applied to other businesses. Some anti-legalization advocates identify themselves as "new abolitionists," and argue that government recognition of prostitution reinforces gender inequality. Often, this debate is framed in the hypothetical: What would happen if …
Outspoken: Social Media And The Modern College Athlete, 12 J. Marshall Rev. Intell. Prop. L. 509 (2013), Meg Penrose
Outspoken: Social Media And The Modern College Athlete, 12 J. Marshall Rev. Intell. Prop. L. 509 (2013), Meg Penrose
UIC Review of Intellectual Property Law
The First Amendment to the United States Constitution grants American citizens the right to free speech. However, in the case of college athletes, this right is not without limitation. In exchange for the privilege of participating in college level athletics, college athletes voluntarily agree to terms that restrict their abilities to speak freely, specifically in the context of social media platforms. This article details situations in which college athletes have made offensive statements via social media for which they later needed to delete, explain, and apologize. These examples support the notion that restrictions on college athletes’ speech are not only …
Emerging Technologies And Dwindling Speech, Jorge Roig
Emerging Technologies And Dwindling Speech, Jorge Roig
Scholarly Works
Inspired in part by the recent holding in Bland v. Roberts that the use of the “Like” feature in Facebook is not covered by the Free Speech Clause, this article makes a brief foray into the approach that courts have taken in the recent past towards questions of First Amendment coverage in the context of emerging technologies. Specifically, this article will take a closer look at how courts have dealt with the issue of functionality in the context of First Amendment coverage of computer source code. The analysis of this and other recent experiences, when put in a larger context, …
"Smut And Nothing But": The Fcc, Indecency, And Regulatory Transformations In The Shadows, Lili Levi
"Smut And Nothing But": The Fcc, Indecency, And Regulatory Transformations In The Shadows, Lili Levi
Articles
No abstract provided.
Can Moving Pictures Speak? Silent Film, Free Speech, And Social Science In Early 20th Century Law, Jennifer Petersen
Can Moving Pictures Speak? Silent Film, Free Speech, And Social Science In Early 20th Century Law, Jennifer Petersen
Studio for Law and Culture
When the Supreme Court was first confronted with a First Amendment case involving film, it was confronted with a difficult and fascinating question: were silent films speech? The decision in the case, Mutual v. Ohio (1915), famously answered no. The decision is usually understood to be part of a tradition of interpretations of the First Amendment as applying primarily to political opinion; in this reading, film was not protected because it was entertainment and/or commerce. However, Mutual also contains a set of arguments about the nature of film as more akin to action than to speech — arguments embedded in …
Constitutional Combat: Is Fighting A Form Of Free Speech? The Ultimate Fighting Championship And Its Struggle Against The State Of New York Over The Message Of Mixed Martial Arts, Daniel Berger
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
What's All The Noise About: Did The New York Yankees Violate Fans' First Amendment Rights By Banning Vuvulezas In Yankee Stadium?, Shane Kotlarsky
What's All The Noise About: Did The New York Yankees Violate Fans' First Amendment Rights By Banning Vuvulezas In Yankee Stadium?, Shane Kotlarsky
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
City Walls Can Speak: The Street Art Movement And Graffiti's Place In First Amendment Jurisprudence, Elizabeth G. Gee
City Walls Can Speak: The Street Art Movement And Graffiti's Place In First Amendment Jurisprudence, Elizabeth G. Gee
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
The Law And Science Of Video Game Violence: What Was Lost In Translation?, William K. Ford
The Law And Science Of Video Game Violence: What Was Lost In Translation?, William K. Ford
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Terry Jones And Global Free Speech In The Internet Age, G. Aaron Leibowitz
Terry Jones And Global Free Speech In The Internet Age, G. Aaron Leibowitz
Cardozo Arts & Entertainment Law Journal
No abstract provided.
"A Right To Be Spared Unhappiness": Images Of Death And The Expansion Of The Relational Right Of Privacy, Catherine Leibowitz
"A Right To Be Spared Unhappiness": Images Of Death And The Expansion Of The Relational Right Of Privacy, Catherine Leibowitz
Cardozo Arts & Entertainment Law Journal
No abstract provided.
@Socialmedia: Speech With A Click Of A Button? #Socialsharingbuttons, Alicia D. Sklan
@Socialmedia: Speech With A Click Of A Button? #Socialsharingbuttons, Alicia D. Sklan
Cardozo Arts & Entertainment Law Journal
No abstract provided.
From Berne To Beijing: A Critical Perspective, David L. Lange
From Berne To Beijing: A Critical Perspective, David L. Lange
Faculty Scholarship
Remarking on the Beijing Treaty on Audiovisual Performances at the Vanderbilt Journal of Entertainment & Technology Law’s Symposium, From Berne to Beijing, Professor Lange expressed general misgivings about exercising the Treaty Power in ways that alter the nature of US copyright law and impinge on other constitutional rights. This edited version of those Remarks explains Professor Lange’s preference for legislation grounded squarely in the traditional jurisprudence of the Copyright Clause, the First Amendment, and the public domain, and his preference for contracting around established expectations rather than reworking default rules through treaties. It continues by exploring the particular costs associated …
Ban On Nude Dancing Strips Away First Amendment Rights To Protect "Order And Morality" In Barnes V. Glen Theatre, Inc., Shannon Mclin Carlyle
Ban On Nude Dancing Strips Away First Amendment Rights To Protect "Order And Morality" In Barnes V. Glen Theatre, Inc., Shannon Mclin Carlyle
Pepperdine Law Review
No abstract provided.
Graffiti Museum: A First Amendment Argument For Protecting Uncommissioned Art On Private Property, Margaret L. Mettler
Graffiti Museum: A First Amendment Argument For Protecting Uncommissioned Art On Private Property, Margaret L. Mettler
Michigan Law Review
Graffiti has long been a target of municipal legislation that aims to preserve property values, public safety, and aesthetic integrity in the community. Not only are graffitists at risk of criminal prosecution but property owners are subject to civil and criminal penalties for harboring graffiti on their land. Since the 1990s, most U.S. cities have promulgated graffiti abatement ordinances that require private property owners to remove graffiti from their land, often at their own expense. These ordinances define graffiti broadly to include essentially any surface marking applied without advance authorization from the property owner. Meanwhile, graffiti has risen in prominence …
Nea V. Finley: Explicating The Rocky Relationship Between The Government And The Arts , Gary E. Devlin
Nea V. Finley: Explicating The Rocky Relationship Between The Government And The Arts , Gary E. Devlin
Pepperdine Law Review
No abstract provided.
Violence Is Never The Answer, Or Is It? Constitutionality Of California's Violent Video Game Regulation, Laura Black
Violence Is Never The Answer, Or Is It? Constitutionality Of California's Violent Video Game Regulation, Laura Black
The Journal of Business, Entrepreneurship & the Law
In 2011, the United States Supreme Court ruled that the California law proscribing the sale of violent video games to minors violated the First Amendment and was, therefore, unconstitutional. Because this is the first video game case to be heard by the Supreme Court, the decision marked a significant milestone for the video game and entertainment industries. The beginning of this note will review the history leading up to the passage of the law as well as examine previous attempts by other states to regulate the distribution of violent video games to minors. Most importantly, this note will explore the …
The First Amendment, Gaming Advertisements, And Congressional Inconsistency: The Future Of The Commercial Speech Doctrine After Greater New Orleans Broadcasting Ass'n V. United States, Nicholas P. Consula
The First Amendment, Gaming Advertisements, And Congressional Inconsistency: The Future Of The Commercial Speech Doctrine After Greater New Orleans Broadcasting Ass'n V. United States, Nicholas P. Consula
Pepperdine Law Review
No abstract provided.