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Entertainment, Arts, and Sports Law Commons™
Open Access. Powered by Scholars. Published by Universities.®
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Articles 1 - 30 of 166
Full-Text Articles in Entertainment, Arts, and Sports Law
Book Review Of Law And Popular Culture: Text, Notes, And Questions, Michael M. Epstein
Book Review Of Law And Popular Culture: Text, Notes, And Questions, Michael M. Epstein
Journal of Legal Education
No abstract provided.
Academia To Industry Technology Transfer: An Alternative To The Bayh-Dole System For Both Developed And Developing Nations, Dov Greenbaum
Academia To Industry Technology Transfer: An Alternative To The Bayh-Dole System For Both Developed And Developing Nations, Dov Greenbaum
Fordham Intellectual Property, Media and Entertainment Law Journal
Renewed efforts to bring science and technology to the center of economic revival in developing nations recognize the centrality of the university in the creation and promotion of science and innovation. Many developed nations, following the paradigmatic U.S. technology transfer system, transfer their academic innovations to industry—through licensing intellectual property—for eventual commercialization. While conventional wisdom places the Carter era Bayh-Dole legislation at the center of that successful American system, this Article argues that the U.S. biotechnology and high tech booms are more likely attributable to the confluence of unique and propitious conditions, and that Bayh-Dole played a marginal role in …
The Rhetoric Of Predictability: Reclaiming The Lay Ear In Music Copyright Infringement Litigation, Austin Padgett
The Rhetoric Of Predictability: Reclaiming The Lay Ear In Music Copyright Infringement Litigation, Austin Padgett
The University of New Hampshire Law Review
[Excerpt] “Some things cannot be described. This is the theory that recent literary criticism has placed as its cornerstone. Philosopher-critic Roland Barthes identified this trend in his Mythologies, stating that critics often “suddenly decide that the true subject of criticism is ineffable, and criticism, as a consequence, unnecessary. Unfortunately, this view has become singular within the legal academy whenever an author discusses music copyright infringement analysis. It seems that scholars fear the thought of trusting a jury with such an “ineffable” subject as music and must propose alternatives, such as expert testimony, specialized courts, or mechanical analysis, that will diminish …
Harmony And Its Functionality: A Gloss On The Substantial Similarity Test In Music Copyrights., Sergiu Gherman
Harmony And Its Functionality: A Gloss On The Substantial Similarity Test In Music Copyrights., Sergiu Gherman
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Incentivizing Postmarketing Pharmaceutical Product Safety Testing With Extension Of Exclusivity Periods, Leslie Kushner
Incentivizing Postmarketing Pharmaceutical Product Safety Testing With Extension Of Exclusivity Periods, Leslie Kushner
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Inequitable Conduct: A Standard In Motion., Benjamin Brown
Inequitable Conduct: A Standard In Motion., Benjamin Brown
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Social Contract And Authorship: Allocating Entitlements In The Copyright System. , Alina Ng
The Social Contract And Authorship: Allocating Entitlements In The Copyright System. , Alina Ng
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Hard Ball, Soft Law In Mlb: Who Died And Made Wada The Boss?, George T. Stiefel Iii
Hard Ball, Soft Law In Mlb: Who Died And Made Wada The Boss?, George T. Stiefel Iii
Buffalo Law Review
No abstract provided.
When The Schoolhouse Gate Extends Online: Student Free Speech In The Internet Age., David J. Fryman
When The Schoolhouse Gate Extends Online: Student Free Speech In The Internet Age., David J. Fryman
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
How The United States Government Sacrifices Athletes' Constitutional Rights In The Pursuit Of National Prestige, Dionne L. Koller
How The United States Government Sacrifices Athletes' Constitutional Rights In The Pursuit Of National Prestige, Dionne L. Koller
BYU Law Review
No abstract provided.
We Interrupt This Broadcast: Will The Copyright Royalty Board’S March 2007 Rate Determination Proceedings Pull The Plug On Internet Radio?, Erich Carey
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Just A Concern For Good Manners: The Second Circuit Strikes Down The Fcc's Broadcast Indecency Regime, Michael Strocko
Just A Concern For Good Manners: The Second Circuit Strikes Down The Fcc's Broadcast Indecency Regime, Michael Strocko
University of Miami Business Law Review
No abstract provided.
Balco, The Steroids Scandal, And What The Already Fragile Secrecy Of Federal Grand Juries Means To The Debate Over A Potential Federal Media Shield Law, Peter Meyer
Indiana Law Journal
No abstract provided.
Bridgeport Redux: Digital Sampling And Audience Recoding, David M. Morrison
Bridgeport Redux: Digital Sampling And Audience Recoding, David M. Morrison
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
What Is Truth?: True Suspects And False Defamation, Peter B. Kutner
What Is Truth?: True Suspects And False Defamation, Peter B. Kutner
Fordham Intellectual Property, Media and Entertainment Law Journal
A television station reports that an individual is a suspect in a murder case. A newspaper reports that a business or charity is under investigation to determine whether it has provided funding to terrorists or terrorist organizations. It is true that the individual is a suspect in the police investigation of the murder, and that the government is investigating the business or charity for possible financial links to terrorists. However, the suspicion is wrong, or at least unprovable. As far as can be determined from the available evidence, the individual did not commit a murder, and the business or charity …
Made In China: How Chinese Counterfeits Are Creating A National Security Nightmare For The United States, Laura C. Nastase
Made In China: How Chinese Counterfeits Are Creating A National Security Nightmare For The United States, Laura C. Nastase
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Continuing Evolution Of Consent And Authority In Digital Search And Seizure, Aaron Stanley
The Continuing Evolution Of Consent And Authority In Digital Search And Seizure, Aaron Stanley
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Jurisdictional Issues In The Adjudication Of Patent Law Malpractice Cases In Light Of Recent Federal Circuit Decisions, Michael Ena
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
From Medals To Morality: Sportive Nationalism And The Problem Of Doping In Sports, Dionne L. Koller
From Medals To Morality: Sportive Nationalism And The Problem Of Doping In Sports, Dionne L. Koller
All Faculty Scholarship
The conventional wisdom is that in the fight against doping, the government is in the best position to clean up sport and protect the integrity of competition. The premise underlying this assumption is that in the United States, sport is private, so that the government typically has no role in its regulation. It is now, advocates suggest, with the integrity of sport on the line, the government should move off the sidelines and take action. This essay challenges that premise by arguing that with respect to doping in sports the government has not merely been a sidelines observer, but was …
Balancing Individual And Societal Interests Under The First Amendment: How The Eighth Circuit Saved Fantasy Baseball, Salvatore Vetrini
Balancing Individual And Societal Interests Under The First Amendment: How The Eighth Circuit Saved Fantasy Baseball, Salvatore Vetrini
Pace Law Review
No abstract provided.
The Day The (Digital) Music Died: Bridgeport, Sampling Infringement, And A Proposed Middle Ground, Joshua Crum
The Day The (Digital) Music Died: Bridgeport, Sampling Infringement, And A Proposed Middle Ground, Joshua Crum
BYU Law Review
No abstract provided.
Bringing Baseball To Israel, Kenneth Lasson
Bringing Baseball To Israel, Kenneth Lasson
All Faculty Scholarship
This brief article discusses little leagues in Israel, as well as individuals interested in baseball in that nation, especially those from the Maryland and Baltimore area. Mentioned is assistance sent to the little leagues by the Baltimore Orioles baseball team, and some of the memories of those involved of baseball in the United States, but who now reside in Israel.
Pushing Weight, André Douglas Pond Cummings
Pushing Weight, André Douglas Pond Cummings
Law Faculty Scholarship
The plight of the black athlete in United States professional and collegiate sports reflects a historical road burdened by strident discrimination, yielding assimilation and gleeful exploitation. As African American athletes began to be permitted to enter the lineups of storied professional sports clubs beginning in the 1950s, they did so only on the strict conditions placed upon them by the status quo white male dominated regime. Often the very terms of black athlete participation required a rigid commitment to - covering - racial identity and outright suppression of self. Once African American athletes burst onto the nation's consciousness in the …
Panel Ii: The Death Or Rebirth Of The Copyright?, Hugh C. Hansen, Diane Zimmerman, Robert Kasunic, Brett Frischmann
Panel Ii: The Death Or Rebirth Of The Copyright?, Hugh C. Hansen, Diane Zimmerman, Robert Kasunic, Brett Frischmann
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Olympic Binding Arbitration Clause And The Court Of Arbitration For Sport: An Analysis Of Due Process Concerns, Jason Gubi
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Dealing With The Nfl's Concussion Problems Of Yesterday, Today, And Tomorrow, Bryan Lipsky
Dealing With The Nfl's Concussion Problems Of Yesterday, Today, And Tomorrow, Bryan Lipsky
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Who Owns The Key To The Vault? Hold-Up, Lock-Out, And Other Copyright Strategies, Andrea Pacelli
Who Owns The Key To The Vault? Hold-Up, Lock-Out, And Other Copyright Strategies, Andrea Pacelli
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Should Oscar Run?, Peter Charlish, Dr. Stephen Riley
Should Oscar Run?, Peter Charlish, Dr. Stephen Riley
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Performing Art: National Endowment For The Arts V. Finley, Randall P. Bezanson
Performing Art: National Endowment For The Arts V. Finley, Randall P. Bezanson
Federal Communications Law Journal
In this modified version of a chapter in his forthcoming book, ART AND FREEDOM OF SPEECH (Univ. of Illinois Press, 2008-09), Professor Bezanson begins to probe the nature of art and its relation to the first amendment free speech guarantee. The essay uses the Finley v. NEA case, and specifically its discussion of Finley's performance art, to critique the Supreme Court's very approach to the Finley case, and to view the issues from the perspective of art, artistic freedom, and the Supreme Court's role in fashioning constitutional protection for art as art, and not simply as cognitive speech.
Enhanced Protections For Geographical Indications Under Trips: Potential Conflicts Under The U.S. Constitutional And Statutory Regimes, David Snyder
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.