Entertainment, Arts, and Sports Law Commons^™

Assumption Of Risk: An Age-Old Defense Still Viable In Sports And Recreation Cases, Alexander J. Drago

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Regulations Governing Drugs And Performance Enhancers In Sports, Edward Jurith, Adolpho A. Birch, Robert Housman, Ronald Klempner

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Restructuring Professional Sports Leagues , Martin Edel, Jamin Dershowitz, Jeffrey Kessler, Tandy O'Donoghue

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Labor Pains: Why Contraction Is Not The Solution To Major League Baseball’S Competitive Balance Problems, Bryan Day

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Sharing The Wealth: Don’T Call Us. We’Ll Call You: Why Revenue Sharing Is A Permissive Subject And Therefore The Labor Exemption Does Not Apply., Jessica Cohen

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Start-Up Sports Leagues: Why These Leagues Are Entitled To Use The Ruinous Competition Defense To Justify Anticompetitive Restraints, Marc P. Schwartz*

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Internationalization Of Intellectual Property: New Challenges From The Very Old And The Very New, Daniel J. Gervais

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Well-Known And Famous Trademarks In Israel: Trips From Manhattan To The Dawn Of A New Millennium!, Amir H. Khoury

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Icannsucks.Biz (And Why You Can’T Say That): How Fair Use Of Trademarks In Domain Names Is Being Restrained, Adam Goldstein

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Facing The Music: The Dubious Constitutionality Of Facial Recognitiontechnology, John J. Brogan

UC Law SF Communications and Entertainment Journal

Recent advances in biometric identification technology, along with ever more extensive databases of information about ordinary citizens, inspire concern among civil liberties advocates about whether there are any meaningful limits on government's ability to keep track of ordinary citizens. In this Article, Professor Brogan discusses facial recognition technology, and argues that courts should draw a distinction between wide area scans, which should be severely limited or banned, and focused facial scans, which may be allowable under limited circumstances involving particularized suspicion.

Speaking Out Of Thin Air: A Comment On Hurley V. Irish-American Gay, Lesbian And Bisexual Group Of Boston, Randall P. Bezanson, Michele Choe

UC Law SF Communications and Entertainment Journal

The appropriation and use of others' speech - through quotation, compilation, or republication - is ubiquitous; however, traditional First Amendment jurisprudence is often at a loss when it confronts "speech selection judgments." In this Comment, the Authors explore the phenomenon of speech selection, and the attributes of speaking and communication that may account for its status as speech under the First Amendment. The Authors then analyze the Supreme Court's reasoning in a single case, Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston, according to four different theories of speech and communication; in order to comment on ambiguities inherent …

Free As The Air: Rethinking The Law Of Story Ideas, Brian Devine

UC Law SF Communications and Entertainment Journal

This note discusses idea submissions in Hollywood, arguing for the necessity of idea protection in the entertainment industry. As in copyright, the law should provide protection for ideas to promote progress and incentives to create, thus achieving the aims of intellectual property. Devine states that the most significant form of protection for ideas is achieved through contract law, and he argues that preemption by federal copyright law is endangering idea protection.

The Tragicomedy Of The Public Domain In Intellectual Property Law, Samuel Oddi

UC Law SF Communications and Entertainment Journal

As the overall amount of protected and protectable subject matter expands, duration of protection grows longer, and overlap between types of protection increases, constituencies who rely upon intellectual subject matter as stimuli for the creative process grow concerned about incursions of the private domain into the public. This Article explores the relationship between the public domain as a source of sensory stimuli, the creative process as a generator of ideas, and the interaction among the public and private domains and the intellectual process - both in a "state of nature" and under the protections of an intellectual property system - …

An Economic Assessment Of Ucita, Robert W. Hahn, Anne Layne-Farrar

UC Law SF Communications and Entertainment Journal

The Uniform Computer Information Transactions Act ("UCITA") is a model contract law for computer products. This note examines the potential advantages and disadvantages of adopting the UCITA and discusses its effects on consumer transactions. Benefits include reducing costs and providing a consistent standard of law. Hahn and Layne-Farrar conclude that the prospective benefits of passage of the UCITA outweigh any potential burdens.

The Game Behind The Games, Anne M. Wall

Marquette Sports Law Review

No abstract provided.

Digital Divide: Myth, Reality, Responsibility, Nicholas W. Allard

UC Law SF Communications and Entertainment Journal

The author explores the fundamental benefits of eliminating the digital divide. Improving access to technology is both a positive thing with respect to social conscience, but it is an imperative of democracy, as well as making fundamentally good, hardheaded economic sense. John Nash's game theory applies, expounding the benefits of selfish self-interest for individuals, for social groups and for society as a whole.

Smells Like Slavery: Unconscionability In Recording Industry Contracts, Phillip W. Hall Jr.

UC Law SF Communications and Entertainment Journal

The music recording industry today is fundamentally broken: artists are in open revolt against the labels over their recording contracts; and one U.S. Senator has even stated, "this is the only industry in which after you pay off the mortgage the bank still owns the house." In this Note, Phillip Hall argues that although the equitable doctrine of unconscionability is clearly satisfied by the substantive and procedural unfairness in standard industry recording contracts, flaws in the judicial process make it unfeasible for most artists to seek relief in the courts; thus, what is needed to save the industry is legislation …

The Fcc's Third Report On Broadband Deployment: Inequitable, Untimely And Unreasonable, Allen S. Hammond

UC Law SF Communications and Entertainment Journal

This article challenges the findings of the February 2002 report of the Federal Communications Commission regarding the status of broadband advanced network and high-speed service development in the US. The author questions the reports conclusion that current network development is reasonable and timely, based on both the data itself and contradictory evidence. Further, the Commission's measurement is inadequate to determine the extent of service. The article advocates that inadequate measurements should not be a basis for deregulating the industry at a time when future availability of technology will dramatically impact the lives of many Americans.

Figure This: Judging Or Federal Fraud? A Proposal To Criminalize Fraudulent Judging And Officiating In The International Figure Skating Arena, Kelly Koenig Levi

UC Law SF Communications and Entertainment Journal

In 2002, the "Salt Lake Scandal" - in which it was revealed that judges had colluded to predetermine the gold medal winners of figure skating events - tarnished the public image of the sport of international figure skating. However, aside from the involvement of an alleged Russian mobster, the scandal came as no surprise to competitive figure skaters or their followers. In this Article, Professor Levi argues that the fraudulent activity prevalent in international figure skating judging and officiating is comparable to the behavior prohibited by current federal fraud statutes, and proposes federal legislation to address the problem.

Striking Out With Title Ix: Horner V. Kentucky High School Athletic Ass'n And The Sixth Circuit's Interpretation Of Unintentional Discrimination Under Title Ix And The Possibility Of Recovering Monetary Damages, Dawn N. Zubrick

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

On The Ropes: New Regulations And State Cooperation Step Into The Ring To Protect Boxing From Itself, David Altschuler

Vanderbilt Journal of Entertainment & Technology Law

It is the central thesis of this Note that the NAAGs recommendations represent the necessary linchpin in creating a coherent regulatory regime for ensuring that professional boxing is both safe and legitimate. In order to place a discussion of regulatory solutions in a proper frame, this Note begins by describing the problems that have long plagued professional boxing. This Note next explicates two federal laws designed to redress the corruption and abuses lawmakers found to be inherent in professional boxing. These laws are the Professional Boxing Safety Act ("PBSA") and the Muhammad Ali Boxing Reform Act ("Ali Act"). This Note …

Crossing The (Blue) Line: Is The Criminal Justice System The Best Institution To Deal With Violence In Hockey?, John Timmer

Vanderbilt Journal of Entertainment & Technology Law

This Note argues that the criminal justice system is ill-equipped to, and thus should refrain from, prosecuting professional hockey players for violent acts committed during the course of play. Part II examines professional hockey and provides background regarding the nature of violence in the sport. Part III then discusses the history of prosecution of violent acts committed during professional hockey games, both in Canada and in the United States, providing some context for the type of violent actions that are prosecuted. Part IV examines some of the problems that arise in the prosecution of professional hockey players, including all applicable …

The Government Tunes In To Tune Out The Marketing Of Violent Entertainment To Kids, Shannon Mccoy

Vanderbilt Journal of Entertainment & Technology Law

This Note examines the recent investigation conducted by the Federal Trade Commission ("FTC" or "Commission") and its 2001 Follow-Up to that inquiry. The September 2000 Report ("Report") concluded that the entertainment industry intentionally and aggressively advertises both R and PG-13 movies to children under the age of 18. As a solution, the FTC recommended self-regulation by the entertainment industry. The 2001 Follow-Up to the Report ("Follow-Up") found that although the movie industry has made progress, a greater effort must be exerted to successfully eliminate the marketing of violent entertainment to children.' Both the Report and the Follow-Up demonstrate that self-regulation …

Nfl General Counsel Adolpho Birch Speaks On The Nfl's Drug Policy, Adolpho Birch, Journal Of Entertainment & Tech. Law Editor

Vanderbilt Journal of Entertainment & Technology Law

Our standards are set in stone and frankly I think that's the best way to do it. The Commissioner obviously has discretion to alter the discipline, but it is not the type of discretion that is used lightly. It is better in our view to have a defined system with delineated consequences that occur from the use of a prohibited substance. For example, a positive test for a performance-enhancing substance nets a four-game suspension without pay. That is the rule for a first violation and everybody knows it. And when it happens to you, you will be treated the same …

The Voluntary Practices: The Last-Gasp Of Big Time College Football And The Ncaa, Sarah Lemons

Vanderbilt Journal of Entertainment & Technology Law

College football is desperately in need of new NCAA rules governing voluntary practices and the real problem is that coaches will always find a way to slip around the rules in order to seize the rewards of winning. Therefore, the NCAA must perform its duty and reform the rules to protect the health and well being of the collegiate football player, because as a voluntary association of a coalition of 960 member colleges, it has been given the authority to adopt rules governing its member institutions' recruiting, eligibility, financial aid and admissions.

Part II of this Note will begin by …

Index: Sports Law In Law Reviews And Journals

Marquette Sports Law Review

No abstract provided.

Crossroads: Modern Contract Dissatisfaction As Applied To Songwriter And Recording Agreements, 35 J. Marshall L. Rev. 795 (2002), Todd M. Murphy

UIC Law Review

No abstract provided.

The Inevitable Disclosure Doctrine: Inequitable Results Are Threatened But Not Inevitable, Adam Gill

UC Law SF Communications and Entertainment Journal

Currently, courts have split on the issue of whether the inevitable disclosure doctrine ("IDD") applies in California. This note analyzes the IDD, its possible adoption in California, potential pitfalls, and ways to alleviate problems that may arise. Gill argues that the doctrine poses an obstacle to employee mobility and innovation, and proposes standards for applying the doctrine in California.

Your Trade Secret Is Safe With Us: How The Revision To Federal Rules Of Civil Procedure Makes Discovery Presumptively Confidential, Kurt Putnam

UC Law SF Communications and Entertainment Journal

This note addresses the debate in circuits regarding the propriety of stipulated protective orders to protect trade secrets in federal litigation. Putnam explores the approaches utilized by the 2nd and 1st Circuits, analyzing them in light of the former rules and the common law, respectively. He takes the position that the 2000 revisions to the Federal Rules of Civil Procedure to Rule 5(d) and a Rule 26(c) protective order help protect parties' confidentiality during litigation.

The Global Digital Divide: Focusing On Children, Susanna Frederick Fischer

UC Law SF Communications and Entertainment Journal

Professor Fischer takes a comparative look at children's access to information and communications technologies (ICT) in six countries across five continents- the United States, the United Kingdom, France, Australia, Mongolia, and Tanzania. Children's levels of access to ICT is strongly linked to the "global development divide." The article explores the difference between access in highly developed countries and lesser developed countries. The article further explores the extent of the global developmental divide, including the potentially bleak future facing children born in less developed countries. Next the article explores both sides of the debate that simply increasing ICT access can eliminate …