Entertainment, Arts, and Sports Law Commons^™

Advancing Science While Protecting Developing Countries From Exloitation Of Their Resources And Knowledge, Elizabeth Longacre

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel Ii: Mickey Mice? Potential Ramifications Of Eldred V. Ashcroft, David O. Carson, Eben Moglen, Wendy Seltzer, Charles Sims

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel Iii: Www.Thegovernmenthasdecideditisinyour(Read:Our)Bestinterestsnottoviewthis.Com: Should The First Amendment Ever Come Second?, Ann Beeson, Jacob M. Lewis, Charles Sims, Lee Tien

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel I: The End Of Equivalents? Examining The Fallout From Festo, J. Michael Jakes, Herbert Michael Schwartz, Harold C. Wegner

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Internet Killed The Video Star: How In-House Internet Distribution Will Affect Profit Participants , Konrad Gatien

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Jazz Photo And The Doctrine Of Patent Exhaustion: Implications To Trips And International Harmonization Of Patent Protection, Daniel Erlikman

UC Law SF Communications and Entertainment Journal

The doctrine of patent exhaustion prevents the patent owner from controlling the further destiny of the patented invention once the owner authorized the first sale or use of the product in the marketplace. In recent years, the United States Court of Appeals for the Federal Circuit advanced a modified rule of exhaustion, which permits the U.S. patent holder to contractually restrict the first purchaser's subsequent re-use or re-sale of the product. The recent Jazz Photo decision is a controversial and unjustified switch from existing U.S. jurisprudence in the field of patent exhaustion and parallel imports. By applying a territorial rule …

The Biology Of The Broadcast Flag, Susan P. Crawford

UC Law SF Communications and Entertainment Journal

The Motion Picture Association of America (MPAA) and its content affiliates would like all consumer electronics and information technology companies to innovate "according to the rules." The arguments made by the MPAA and its content colleagues in support of national (and, eventually, global) control over the functionality of the devices that manipulate content are fundamentally troubling for the future of innovation and the future of law itself. But the content industry has hit on a very important way of thinking about law. We should pay attention to the evolutionary ecosystem of the law as the background medium in which innovation …

Considerations On The Emerging Implementation Of Biometric Technology, Robin Feldman

UC Law SF Communications and Entertainment Journal

The United States is embarking on widespread implementation of biometric technology, which uses automated methods to identify people based on their physiological and behavioral characteristics. Regardless of how much we invest in establishing standards for reliability of the technology and protections of the data, no system will be foolproof. Biometric determinations will be subject to mistakes, fraud, and abuse through human and technological error, both intentional and inadvertent. We should, therefore, take this opportunity to develop methods for individuals to review and challenge biometric determinations. In particular, this article suggests a doctrinal framework for challenging biometric determinations made by administrative …

Popov V. Hayashi, A Modern Day Pierson V. Post: A Comment On What The Court Should Have Done With The Seventy-Third Home Run Baseball Hit By Barry Bonds, Patrick Stoklas

Loyola University Chicago Law Journal

No abstract provided.

Copy Protection Of Cds: The Recording Industry's Latest Attempt At Preventing The Unauthorized Digital Distribution Of Music, 21 J. Marshall J. Computer & Info. L. 241 (2003), Amy K. Jensen

UIC John Marshall Journal of Information Technology & Privacy Law

This comment focuses on the need of the music industry to control the use and digital distribution of music. The author also addresses the privacy issues that arise through the various methods the music industry implements in order to control the unauthorized distribution of digital music via computer technology. The author particularly addresses the privacy issues that arise with the use of undetectable signals that send information about a consumer’s use of that Compact Disc over computer lines, all unbeknownst and unauthorized by the consumer.

The Perils Of Telemarketing Under The Telephone Consumer Protection Act Sending Unsolicited Faxes Costs Dallas Cowboys $1.73 Million, Leaves Dallas Mavericks Under Full Court Pressure, Paul J. Batista

UC Law SF Communications and Entertainment Journal

In 1991, Congress passed the Telephone Consumer Protection Act (TCPA) to "protect the privacy interests" of outraged constituents who received annoying phone calls from telemarketers. The Act prohibits sending unsolicited faxes to unwilling recipients, and creates fines up to $1,500 for each individual fax. The Dallas Mavericks have been sued under the Act, creating potential liability of $135 million. Fax broadcasters have unsuccessfully challenged the Act under the First and Fifth Amendments. The Act grants jurisdiction to individual state courts, and a Georgia case has resulted in a final judgment of $11,899,000.

How To Constitutionally Protect Against Virtual Child Pornography, Emanuel Shiarzi

UC Law SF Communications and Entertainment Journal

The improvement of computer graphics and its resulting burden on prosecuting real child pornography led Congress to pass the Child Pornography Prevention Act (CPPA) of 1996. However, in addition to prohibiting virtual child pornography the CPPA banned many other areas of protected speech and was held unconstitutional in 2002. This article gives an overview of the First Amendment concerns of future virtual child pornography laws, the laws currently being proposed in Congress, and then proposes its own constitutional virtual child pornography law.

China And The Prior Consent Requirement: A Decade Of Invasion And Counter-Invasion By Transfrontier Satellite Television, Mei Ning Yan

UC Law SF Communications and Entertainment Journal

This paper examines and analyzes why the majority of television viewers in China can only have access to domestic television at the beginning of the 21st century, despite direct broadcasting by satellite, which respects no national borders being widely employed in Asia for a decade. By applying national broadcasting rules, this paper argues, the Chinese authorities have successfully given effect to the "prior consent requirement," a concept which was fiercely debated in the international arena and has supposedly long been discarded because of disagreement among nations and technological advances.

Missing The Target: How Performance-Enhancing Drugs Go Unnoticed And Endanger The Lives Of Athletes, E. Tim Walker

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Slowing Down The Speed Of Sound: A Transatlantic Race To Head Off Digital Copyright Infringement, Eleanor M. Lackman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Impact Of Digital Distribution On The Duration Of Recording Contracts, Revella Cook

Vanderbilt Journal of Entertainment & Technology Law

The success of digital distribution depends on various factors that shape today's music industry. Part I will examine the traditional method of releasing an album and its impact on the duration of recording agreements. This section will focus on the recent legislative debate within California and will illuminate problems regarding the duration of a standard recording contract. Part II investigates modern methods of distribution and whether digital distribution is a viable alternative for the retail of music. Part III discusses innovative marketing models that could reduce costs associated with an album's release. Part IV examines barriers that the music industry …

Justice Isn't Deaf--A Behind The Scenes Look At How Bijoux Records' Executives Discuss The Potential Liability For Violence, Renee M. Moore

Vanderbilt Journal of Entertainment & Technology Law

The music industry is an interesting phenomenon. It is a world that exists on image--and everyone has a say. For that very reason, the music industry is no stranger to critics. At its heart, they are what the industry is all about. Critics are the driving force in the business--their written and verbal exchange of ideas predicts the rise and fall of stars. Critics come in all shapes and sizes--they are the everyday consumer, the media at large, the hopeful artist, the record company executive, the legal scholar, and even our nation's government. This article will take you on a …

The Reality Of Fantasy: Addressing The Viability Of A Substantive Due Process Attack On Florida's Purported Stance Against Participation In Fantasy Sports Leagues That Involve The Exchange Of Money, Neville F. Dastoor

Vanderbilt Journal of Entertainment & Technology Law

Fantasy sports leagues have swept the nation and have become a favorite pastime for millions of Americans. For a large portion of fantasy participants, the experience is shared with an intimate group and provides a means for maintaining relationships after ways have been parted. College and high school friends are able to stay connected in a fun and competitive way. For providers, fantasy sports leagues provide a profitable business opportunity in a thriving market. Florida's position of regulation, articulated by an Attorney General's advisory opinion that has never been challenged or refuted, unreasonably attacks these intimate associations. By this assumed …

Professional Sports Leagues And The First Amendment: A Closed Marketplace, Christopher J. Mckinny

Marquette Sports Law Review

No abstract provided.

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 …

Examining The Evidence: Post-Verdict Interviews And The Jury System, Nicole B. Casarez

UC Law SF Communications and Entertainment Journal

Although jury deliberations are kept secret, jurors sometimes speak out to the press after the conclusion of a trial about the rationale for their verdict, what pieces of evidence were important to their decision, and similar issues. Some argue that post-verdict juror interviews are harmful to the very foundation of the jury system, because they endanger defendants' fair trial rights, invade jurors' privacy, and distort public perception of jury verdicts. However, others, such as the author, consider these post-verdict interviews important, because they permit the public to gain a better understanding of the verdicts as well as the nature of …

Unmasking Crack_Smoking_Jesus: Do Internet Service Providers Have A Tarasoff Duty To Divulge The Identity Of A Subscriber Who Is Making Death Threats, Jon B. Eisenberg, Jeremy B. Rosen

UC Law SF Communications and Entertainment Journal

Based on a personal experience. During ongoing litigation, the authors' clients began receiving pseudonymous threats by email and on an Internet message board maintained by Yahoo! Inc. This experience led the authors to ask themselves a question: What should lawyers do when their clients receive anonymous death threats electronically during the pendency of litigation? In their case, the Federal Bureau of Investigation (FBI) determined the identity of the perpetrator and the local United States Attorney's office eventually commenced prosecution. However, pursuant to rules of federal grand jury secrecy, the perpetrator's identity still remained a secret. When the identity was sought …

File-Sharing Copyright, And Privacy, Stephen Keating

UC Law SF Communications and Entertainment Journal

Lawsuits brought by the recording industry against Internet users accused of illegal file sharing raise provocative questions about legal tactics, the piracy of copyrighted material, the openness of the Internet, and the future of peer-to-peer (P2P) file sharing. The history of satellite TV piracy may provide a key to understanding what comes next.

Newton V. Diamond: Measuring The Legitimacy Of Unauthorized Compositional Sampling— A Clue Illuminated And Obscured, Susan J. Latham

UC Law SF Communications and Entertainment Journal

This article discusses how the district court in Newton v. Diamond could have provided the music industry with a path of reasonable determination via which the risk of infringement due to unauthorized digital sampling of a musical composition could be reasonably estimated and prudent licensing decisions made. At the very least, it illuminated a clue through its threshold determination of protectability. However, as the author explains, the court of appeals obscured that clue beneath a conundrum of de minimis use analysis, highlighting the need for courts to settle upon a clear and consistent standard for de minimis use analysis.

Hockey-Boys, Ice Princesses, Gender Values & The Practice Of Equality, Karin Grahn

Cardozo Journal of Equal Rights & Social Justice

The article explores the persistence of gender inequalities in traditionally male-dominated fields, drawing parallels between law and sports. It highlights how gender values and norms perpetuate disparities, even in female-dominated activities like figure skating, despite formal commitments to equality. The author argues that while structural changes have increased women's participation, qualitative equality remains elusive due to entrenched male norms and values.

One Inspiring Jury, Phoebe C. Ellsworth

Reviews

Americans love to complain about the jury. They complain about being called for jury duty. They complain about jury verdicts in highly publicized cases. They are outraged by the failure to convict "obviously guilty" criminals, such as the police officers in the cases of Rodney King and Amadou Diallo, the Menendez brothers in their first trial, and of course O.J. Simpson. In civil cases, they are appalled when plaintiffs win huge damage awards in "obviously frivolous" lawsuits. Juries are ignorant and uneducated, juries are gullible, juries are swayed by passion and prejudice rather than reason. Criticizing jury verdicts allows us …

Aside The Aside: The True Precedent Of Baseball In Law: Law The Residue Of Luck - Or, Who's Not On First?, Eldon L. Ham

Marquette Sports Law Review

No abstract provided.

Racial Minorities And The Quest To Narrow The Digital Divide: Redefining The Concept Of “Universal Service”, Patricia M. Worthy

UC Law SF Communications and Entertainment Journal

The future of the United States as a nation depends, in large measure, on its ability to achieve equality for each member of its society. Historically there has been a national policy, known as universal service, of requiring that everyone should be provided the opportunity to receive basic telephone service at an affordable rate, regardless of geographic location or economic status. As computer technology developed, Congress and the Federal Communications Commission appropriately recognized its value. They have, through statutory mandates and regulatory policies, implemented various initiatives to achieve a universally level "playing field" to prevent a gap between information "haves" …

A Few Thoughts About Using Visual Images In Latcrit, Jo Carrillo

Faculty Scholarship

No abstract provided.