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Entertainment, Arts, and Sports Law Commons™

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2006

Discipline
Institution
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Publication
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Articles 31 - 60 of 184

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

Post-Sale Restrainst Via Patent Licensing: A "Seedcentric" Perspective, Peter Carstensen Jun 2006

Post-Sale Restrainst Via Patent Licensing: A "Seedcentric" Perspective, Peter Carstensen

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Antitrust Aspects Of The "Access To Affordable Pharmaceuticals" Act: Incentives For Generics Out The Window?, Andrew H. Berks Jun 2006

Antitrust Aspects Of The "Access To Affordable Pharmaceuticals" Act: Incentives For Generics Out The Window?, Andrew H. Berks

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel Iii: United States V. Martignon - Case In Controversy, William Patry, David Patton, Robert W. Clarida, Marjorie Heins Jun 2006

Panel Iii: United States V. Martignon - Case In Controversy, William Patry, David Patton, Robert W. Clarida, Marjorie Heins

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Why We Are Confused About The Trademark Dilution Law, Christine Haight Farley Jun 2006

Why We Are Confused About The Trademark Dilution Law, Christine Haight Farley

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Trademark Dilution Revision Act - A Consumer Perspective, Paul Alan Levy Jun 2006

The Trademark Dilution Revision Act - A Consumer Perspective, Paul Alan Levy

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Correct-Like Decision In United States V. Martifnon, David Patton Jun 2006

The Correct-Like Decision In United States V. Martifnon, David Patton

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel I: Monsanto V. Scruggs: The Scope Of Downstream Licensing Restrictions, Mark R. Patterson, Richard B. Ulmer Jr., Peter Castensen, Jay P. Kesan Jun 2006

Panel I: Monsanto V. Scruggs: The Scope Of Downstream Licensing Restrictions, Mark R. Patterson, Richard B. Ulmer Jr., Peter Castensen, Jay P. Kesan

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Licensing Restrictions And Appropriating Market Benefits From Plant Innovation, Jay P. Kesan Jun 2006

Licensing Restrictions And Appropriating Market Benefits From Plant Innovation, Jay P. Kesan

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


A Defense Of The New Federal Trademark Antidilution Law, Barton Beebe Jun 2006

A Defense Of The New Federal Trademark Antidilution Law, Barton Beebe

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Final Offer Arbitration In The New Era Of Major League Baseball, Spencer B. Gordon May 2006

Final Offer Arbitration In The New Era Of Major League Baseball, Spencer B. Gordon

ExpressO

This article provides a comprehensive analysis of the economic, athletic, and social impact of final offer salary arbitration in Major League Baseball (“MLB”). The article delves into the motivations, fluctuations, and evolution of the player-owner relationship and free agency. The commentary then focuses on the distinguishing features and intricacies of final offer arbitration. Although salary arbitration in the context of Major League Baseball is a topic oft discussed in the law review setting, the analysis rarely reaches the level exhibited in this article. Moreover, most articles on the subject were written between 1996 and 2000 when the 1994 players’ strike …


Rethinking Gender Opportunities: Nontraditional Sports Seasons And Local Preferences, Kristen Boike May 2006

Rethinking Gender Opportunities: Nontraditional Sports Seasons And Local Preferences, Kristen Boike

University of Michigan Journal of Law Reform

In Communities for Equity v. Michigan High School Athletic Association, the Court of Appeals for the Sixth Circuit affirmed a district court decision, holding that the scheduling of high school girls' sports in "nontraditional" seasons in Michigan violated the Equal Protection Clause. The Supreme Court of the United States, granting certiorari, vacated and remanded this case back to the Sixth Circuit. This Note suggests reasons why the Sixth Circuit and/or the United States Supreme Court should protect the Michigan High School Athletic Association's (MHSAA) current scheduling of sports seasons. Specifically, using the model provided by Romer v. Evans and …


A Tale Of Two Trusts: The Barnes Foundation And The Isabella Stewart Gardner Museum, Jeannette H. Maurer Apr 2006

A Tale Of Two Trusts: The Barnes Foundation And The Isabella Stewart Gardner Museum, Jeannette H. Maurer

ExpressO

This paper examines the law of charitable trusts and donor intent through a comparison of two museums: the Barnes Foundation and the Isabella Stewart Gardner Museum. This paper first analyzes the framework of the Barnes trust and the Gardner trust and explores the various limitations each donor placed upon their trust instruments, including the similar restriction that, after their deaths, their art could never be moved from where they placed it in their respective galleries. The paper then compares and contrasts the Gardner trust with the Barnes trust and discusses how, given their initial similarities, the Gardner Museum has received …


The Rebirth Of The Nba - Well, Almost: An Analysis Of The Maurice Clarett Decision And Its Impact On The National Basketball Association, Kevin J. Cimino Apr 2006

The Rebirth Of The Nba - Well, Almost: An Analysis Of The Maurice Clarett Decision And Its Impact On The National Basketball Association, Kevin J. Cimino

West Virginia Law Review

No abstract provided.


Hitchcock's "Rear Window" & International Copyright Law: An Examination Of Stewart V. Abend & Its Affect On International Copyright Renewal And Exploitation, Seth M. Goldstein Apr 2006

Hitchcock's "Rear Window" & International Copyright Law: An Examination Of Stewart V. Abend & Its Affect On International Copyright Renewal And Exploitation, Seth M. Goldstein

Cardozo Journal of International and Comparative Law

The article examines the implications of the U.S. Supreme Court case Stewart v. Abend on international copyright law, particularly regarding derivative works and renewal rights. It argues that adopting the ruling's principles internationally, through treaties like NAFTA and TRIPs, would promote consistency, fairness, and efficiency in global intellectual property markets. The analysis highlights the need for international bodies like the WTO and WIPO to clarify and harmonize copyright rules to avoid trade impediments and ensure proper compensation for rights holders.


The Business Of Minor League Baseball: Amateur Eligibility Rules, Peter A. Carfagna, Cleveland Indians Apr 2006

The Business Of Minor League Baseball: Amateur Eligibility Rules, Peter A. Carfagna, Cleveland Indians

Articles

No abstract provided.


Accurate Or Appalling: Representations Of Women Lawyers In Popular Culture, Laura Grosshans Apr 2006

Accurate Or Appalling: Representations Of Women Lawyers In Popular Culture, Laura Grosshans

Cardozo Public Law, Policy & Ethics Journal

The note explores the challenges and advancements faced by women in the legal profession through the characters of Amanda Bonner from Adam's Rib and Miranda Hobbes from Sex and the City. These characters, both successful female attorneys, illustrate the societal and professional obstacles women have encountered in the legal field during the latter half of the 20th century. The analysis highlights their struggles with sexism, work-life balance, and romantic relationships, while emphasizing the role of media representation in shaping public perceptions of women lawyers. The note argues that while progress has been made, achieving true equality in the legal …


Law In The Cultivation Of Hope, Kathryn R. Abrams, Hila Keren Mar 2006

Law In The Cultivation Of Hope, Kathryn R. Abrams, Hila Keren

ExpressO

In recent years scholars have begun to question the longstanding dichotomization of (legal) reason and the passions, and have offered significant understanding of the connection of law and the emotions. Much of this work, however, has been done within a fairly narrow ambit. This Article seeks to broaden this scholarship in two ways. First, it points to an unexplored relation between law and the emotions: the role of law in cultivating the emergence of emotions. And second, it moves beyond the negative emotions, and directs attention to positive emotions and their interplay with the law outside the criminal context. Following …


As Our Heritage Crumbles Into Dust: The Threat Of State Law Protection For Pre-1972 Sound Recordings, Henry L. Mann Mar 2006

As Our Heritage Crumbles Into Dust: The Threat Of State Law Protection For Pre-1972 Sound Recordings, Henry L. Mann

ExpressO

This article examines the perplexing question of why U.S. copyright law allows states to grant virtually unlimited protection to sound recordings created prior to 1972. Although the Constitution grants the federal government commanding authority over the United States’ copyright regime, it appears that states are still free to do as they please in at least one important field. In the 2005 decision of Capitol Records, Inc. v. Naxos of America, Inc., the New York Court of Appeals breathed new life into the doctrine of common law copyright by holding that the rights-holder to a sound recording created any time before …


Haruki Murakami’S Legal Trilogy: A Paradigm Of The Postmodern Lawyer, Jacob Bing White Mar 2006

Haruki Murakami’S Legal Trilogy: A Paradigm Of The Postmodern Lawyer, Jacob Bing White

ExpressO

My article begins by exploring the negative effects that The Paper Chase’s Hart has had on the legal profession due to the modernist world that Hart inhabits. Next, I analyze the effects of modernism on the legal community though the legal trilogy of postmodern author Murakami. First, I use Murakami’s short stories, The Second Bakery Attack and The Wind-up Bird and Tuesday’s Women, to analyze the postmodern condition and compare it with the problems which many lawyers suffer. Secondly, I look at the stifling nature of formalism in the law, and examine Murakami’s combination of the mimetic with the formulaic …


Just Say "No Fishing": The Lure Of Metaphor, Beth Thornburg Mar 2006

Just Say "No Fishing": The Lure Of Metaphor, Beth Thornburg

ExpressO

The phrase “fishing expedition” is widely used in popular culture and in the law. In the case of metaphorical “fishing” in the law, reliance on the metaphor can act as a substitute for rigorous analysis, disguising the factors that influence a result. When used by the court, it is uninformative. Worse, the fishing metaphor may itself shape the way the court thinks about the kind of issue or claim involved. Accusations of “fishing” also affect the language and position of the litigants. Parties arguing against pleadings or discovery use the metaphor as a rhetorical weapon, stigmatizing their opponents, instead of …


‘Law Is Life!’: Flag Wars, Local Government Law, And The Gentrification Of Olde Towne East, Linda Goode Bryant Mar 2006

‘Law Is Life!’: Flag Wars, Local Government Law, And The Gentrification Of Olde Towne East, Linda Goode Bryant

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Videotaped Confessions And The Genre Of Documentary, Jessica Silbey Mar 2006

Videotaped Confessions And The Genre Of Documentary, Jessica Silbey

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Foreword: Engaging Documentaries Seriously, Regina Austin, Foreword Mar 2006

Foreword: Engaging Documentaries Seriously, Regina Austin, Foreword

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Seven Ambiguities: Lawyers And The Making Of Well-Founded Fear, A Law-Genre Documentary, Shari Robertson, Michael Camerini Mar 2006

Seven Ambiguities: Lawyers And The Making Of Well-Founded Fear, A Law-Genre Documentary, Shari Robertson, Michael Camerini

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Comic Book Citation Format, Britton Payne Mar 2006

Comic Book Citation Format, Britton Payne

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Decontextualization Of Musical Works: Should The Doctrine Of Moral Rights Be Extended?, Sarah C. Anderson Mar 2006

Decontextualization Of Musical Works: Should The Doctrine Of Moral Rights Be Extended?, Sarah C. Anderson

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Television Remixed: The Controversy Over Commercial–Skipping, Ethan O. Notkin Mar 2006

Television Remixed: The Controversy Over Commercial–Skipping, Ethan O. Notkin

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Don't Give Me That!: Tax Valuation Of Gifts To Art Museums, Mary Varson Cromer Mar 2006

Don't Give Me That!: Tax Valuation Of Gifts To Art Museums, Mary Varson Cromer

Washington and Lee Law Review

No abstract provided.


Crime Victims As Subjects Of Documentaries: Exploitation Or Advocacy?, Roslyn Myers Mar 2006

Crime Victims As Subjects Of Documentaries: Exploitation Or Advocacy?, Roslyn Myers

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Super-Grokster: Untangling Secondary Liability, Comic Book Heroes And The Dmca, And A Filtering Solution For Infringing Digital Creations, Britton Payne Mar 2006

Super-Grokster: Untangling Secondary Liability, Comic Book Heroes And The Dmca, And A Filtering Solution For Infringing Digital Creations, Britton Payne

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.