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2012

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Institution
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Articles 31 - 60 of 222

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

A Union Of Amateurs: A Legal Blueprint To Reshape Big-Time College Athletics, Nicholas Fram, T. Ward Frampton Aug 2012

A Union Of Amateurs: A Legal Blueprint To Reshape Big-Time College Athletics, Nicholas Fram, T. Ward Frampton

Buffalo Law Review

No abstract provided.


The Talent Agencies Act: Reconciling The Controversies Surrounding Lawyers, Managers, And Agents Participating In California's Entertainment Industry, Gary E. Devlin Jul 2012

The Talent Agencies Act: Reconciling The Controversies Surrounding Lawyers, Managers, And Agents Participating In California's Entertainment Industry, Gary E. Devlin

Pepperdine Law Review

No abstract provided.


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 Jul 2012

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.


Imitation Is The Sincerest Form Of Flattery, But Is It Infringement? The Law Of Tribute Bands, Michael S. Newman Jul 2012

Imitation Is The Sincerest Form Of Flattery, But Is It Infringement? The Law Of Tribute Bands, Michael S. Newman

Touro Law Review

No abstract provided.


Will Uefa's Financial Fair Play Have Its Day In Court?, Kevin Mcconnell Jul 2012

Will Uefa's Financial Fair Play Have Its Day In Court?, Kevin Mcconnell

In the Balance

No abstract provided.


Art Law In Transactional Practice, Jeff W. Slattery Jul 2012

Art Law In Transactional Practice, Jeff W. Slattery

Faculty Scholarship

Artists are increasingly important players in the economic, social, and cultural development of communities throughout the United States. Unfortunately, a lack of adequate funding and appreciation of their legal needs often means artists do not seek or receive transactional legal assistance when it would be beneficial. Attorneys, meanwhile, may perceive the needs of artists as very specialized, and thereby well beyond the scope of services the attorney can provide. For these reasons, artists may find themselves without legal assistance, to the detriment of their business, their creative output, and their community. This article seeks to demystify a number of the …


Proposal For An International Convention On Online Gambling, Marketa Trimble Jun 2012

Proposal For An International Convention On Online Gambling, Marketa Trimble

Scholarly Works

The proposal, which will be published as a chapter in a volume from the Internet Gaming Regulation Symposium co-organized by the William S. Boyd School of Law of the University of Nevada, Las Vegas, in May 2012, presents the outline of an international convention ('Convention') that will facilitate cooperation among countries in enforcement of their online gambling regulations while allowing the countries to maintain their individual legal approaches to online gambling. Countries continue to vary in their approaches - some permit and regulate, and others prohibit online gambling, and even countries that permit and regulate online gambling approach the issue …


Table Of Contents Jun 2012

Table Of Contents

Marquette Sports Law Review

None


Going Outside Title Ix To Keep Coach-Athlete Relationships In Bounds, Deborah L. Brake Jun 2012

Going Outside Title Ix To Keep Coach-Athlete Relationships In Bounds, Deborah L. Brake

Marquette Sports Law Review

None


Equality Beyond The Three-Part Test: Exploring And Explaining The Invisibility Of Title Ix's Equal Treatment Requirement, Erin E. Buzuvis, Kristine E. Newhall Jun 2012

Equality Beyond The Three-Part Test: Exploring And Explaining The Invisibility Of Title Ix's Equal Treatment Requirement, Erin E. Buzuvis, Kristine E. Newhall

Marquette Sports Law Review

None


Batter Up: A Look At The Supreme Court's Lineup, Including The Interaction With The New Chief Umpire On The Bench, As Title Ix Marks Its Fortieth Anniversary, Diane Heckman Jun 2012

Batter Up: A Look At The Supreme Court's Lineup, Including The Interaction With The New Chief Umpire On The Bench, As Title Ix Marks Its Fortieth Anniversary, Diane Heckman

Marquette Sports Law Review

None


Pay Or Play?: Why Requiring Notice And An Opportunity To Cure In Claims For Money Damages Best Serves The Compliance Goals Of Title Ix, Julie G. Yap Jun 2012

Pay Or Play?: Why Requiring Notice And An Opportunity To Cure In Claims For Money Damages Best Serves The Compliance Goals Of Title Ix, Julie G. Yap

Marquette Sports Law Review

None


You'll Never Work (Or Play) Here Again: A Lingering Question In Title Ix Retaliation Claims Brought By Coaches And Athletes After Jackson V. Birmingham Board Of Education, Brian L. Porto Jun 2012

You'll Never Work (Or Play) Here Again: A Lingering Question In Title Ix Retaliation Claims Brought By Coaches And Athletes After Jackson V. Birmingham Board Of Education, Brian L. Porto

Marquette Sports Law Review

None


"A Radical Proposal": Title Ix Has No Place In College Sport Pay-For-Play Discussions, Ellen J. Staurowsky Jun 2012

"A Radical Proposal": Title Ix Has No Place In College Sport Pay-For-Play Discussions, Ellen J. Staurowsky

Marquette Sports Law Review

None


More Of The Same - Enough Already!, Cynthia Lee A. Pemberton Jun 2012

More Of The Same - Enough Already!, Cynthia Lee A. Pemberton

Marquette Sports Law Review

None


Book Review: Getting In The Game: Title Ix And The Women's Sports Revolution, Cassandra Jones Jun 2012

Book Review: Getting In The Game: Title Ix And The Women's Sports Revolution, Cassandra Jones

Marquette Sports Law Review

None


Consent Theory As A Possible Cure For Unconscionable Terms In Student-Athlete Contracts, Thomas A. Baker Iii, John Grady, Jesse M. Rappole Jun 2012

Consent Theory As A Possible Cure For Unconscionable Terms In Student-Athlete Contracts, Thomas A. Baker Iii, John Grady, Jesse M. Rappole

Marquette Sports Law Review

None


Avoiding The Sack: How Nebraska's Departure From The Big 12 Changed College Football And What Athletic Conferences Must Do To Prevent Defection In The Future, Benjamin I. Leibovitz Jun 2012

Avoiding The Sack: How Nebraska's Departure From The Big 12 Changed College Football And What Athletic Conferences Must Do To Prevent Defection In The Future, Benjamin I. Leibovitz

Marquette Sports Law Review

None


2011 Annual Survey: Recent Developments In Sports Law Jun 2012

2011 Annual Survey: Recent Developments In Sports Law

Marquette Sports Law Review

None


Sports Law Arbitration By Cas: Is It The Same As International Arbitration?, Richard H. Mclaren May 2012

Sports Law Arbitration By Cas: Is It The Same As International Arbitration?, Richard H. Mclaren

Pepperdine Law Review

No abstract provided.


What's In A Name? A Brief Study Of Legal Aptonyms, Aaron Zelinsky May 2012

What's In A Name? A Brief Study Of Legal Aptonyms, Aaron Zelinsky

Michigan Law Review First Impressions

Law and literature ranges wide. Scholars use Shakespeare to illuminate issues of justice, Dickens to understand trusts and estates, and J.K. Rowling to explain the law of nations. But an important subset of this field has been hitherto neglected: the study of the names of law's protagonists-law and onomastics. This Essay takes the first step into this promising arena by identifying a previously unexplored category of cases, which it dubs "legal aptonyms." Many are familiar with aptonyms but lack the vocabulary to describe them. Aptonyms—literally "apt names"—are those proper names that are "regarded as (humorously) appropriate to a person's profession …


The Ncaa And The Student-Athlete: Reform Is On The Horizon, Mary Grace Miller May 2012

The Ncaa And The Student-Athlete: Reform Is On The Horizon, Mary Grace Miller

Law Student Publications

This comment examines the NCAA's rules and regulations of student-athletes and explores the possibility that the NCAA's existence, under its current bylaws and manual, is at least immoral and likely unlawful. Additionally, this comment analyzes the idea that the NCAA needs not only internal restructuring but judicial and possibly congressional intervention in order to truly protect young athletes' financial, academic, and basic human interests. Part II of this comment explores the historical development of the NCAA and the current relationship between the NCAA and the student-athlete. Part III discusses the fundamental unfairness in the NCAA's bylaws, which results in the …


Copyright’S Creative Hierarchy In The Performing Arts, Michael W. Carroll May 2012

Copyright’S Creative Hierarchy In The Performing Arts, Michael W. Carroll

Scholarly Articles in Law Reviews & Journals

Copyright law grants authors certain rights of creative control over their works. This Article argues that these rights of creative control are too strong when applied to the performing arts because they fail to take account of the mutual dependence between writers and performers to fully realize the work in performance. This failure is particularly problematic in cases in which the author of a source work, such as a play or a choreographic work, imposes content-based restrictions on how a third party may render the work in performance. This Article then explores how Congress might craft a statutory license to …


A Conversation On Nfl Diversity And Social Cohesion Initiatives, N. Jeremi Duru Apr 2012

A Conversation On Nfl Diversity And Social Cohesion Initiatives, N. Jeremi Duru

Presentations

No abstract provided.


A Changing Game: The Inclusion Of Transsexual Athletes In The Sports Industry, Joseph Randall Apr 2012

A Changing Game: The Inclusion Of Transsexual Athletes In The Sports Industry, Joseph Randall

Pace Intellectual Property, Sports & Entertainment Law Forum

Joseph Randall explores the emerging trend in the sports industry towards the inclusion of transsexual athletes. He analyzes the impact of Renee Richards v. United States Tennis Association, the first case to speak on the legal rights of transsexual athletes, and then provides an overview of how the sports industry is gradually making it easier for transsexual athletes to compete in athletics. Randall ultimately concludes that in the interests of ethics and equality, the sports industry has a duty to afford all transsexual players an equal opportunity to play.


For The Love Of The Name: Professional Athletes Seek Trademark Protection, Brett Harris Pavony, Jaia Thomas Apr 2012

For The Love Of The Name: Professional Athletes Seek Trademark Protection, Brett Harris Pavony, Jaia Thomas

Pace Intellectual Property, Sports & Entertainment Law Forum

Brett Pavony & Jaia Thomas wrote an article that explores the burgeoning relationship between professional sports and trademark law. After providing an overview of the various requirements outlined by the United States Patent and Trademark Office (USPTO), the article transitions into exploring the emerging trend of sports figures seeking federal trademark protection. Brett & Jaia blend their expertise and research to present an article that focuses on an analytical examination of professional athletes seeking trademark protection. The article also offers a glimpse into the future of intellectual property law as it pertains to professional athletes. As more and more athletes …


Back On Track 2: The Principles Of Corrective Justice For Performance Enhancing Malpractice In Sports, Andrea Carska-Sheppard, Paul Weiler, Jim Medford Apr 2012

Back On Track 2: The Principles Of Corrective Justice For Performance Enhancing Malpractice In Sports, Andrea Carska-Sheppard, Paul Weiler, Jim Medford

Pace Intellectual Property, Sports & Entertainment Law Forum

The first version of this article appeared on the Social Science Research Network more than five years ago. At the time, Andrea Carska-Sheppard, Paul Weiler, and Jim Medford suggested an interdisciplinary debate to bring about solutions urgently needed in the area of performance enhancing malpractice in sports. This was before the Congressional investigations on steroid use, which brought public scrutiny to professional sports. While our society deals (with varying success) with other types of offenses by providing perpetrators with means of support and rehabilitation, we noted there is very little systematic support available to athletes who are suspended for performance …


American Needle’S Progeny? Tennis And Antitrust, Ryan M. Rodenberg, Daniel Hauptman Apr 2012

American Needle’S Progeny? Tennis And Antitrust, Ryan M. Rodenberg, Daniel Hauptman

Pace Intellectual Property, Sports & Entertainment Law Forum

Decided in the shadow of the U.S. Supreme Court’s May 2010 decision in American Needle v. NFL, Ryan M. Rodenberg and Daniel Hauptman analyze Deutscher Tennis Bund v. ATP World Tour (hereinafter DTB v. ATP) and aim to explain its implications for individual sports (e.g. tennis and golf) and sport governance generally. Treatment is afforded to both the District Court’s jury verdict and the Third Circuit’s appellate decision in DTB v. ATP. Despite being the first federal appellate sports antitrust decision rendered following American Needle, this article concludes that DTB v. ATP should not be considered an …


Sports In America, John D. Feerick Apr 2012

Sports In America, John D. Feerick

Pace Intellectual Property, Sports & Entertainment Law Forum

A speech written and delivered by Dean John Feerick on April 17, 2009 at the Fordham Law School Sports Law Symposium gives us an insightful look into what sports mean to the world around them. Dean Feerick has been involved first hand in a number of influential sports law decisions in his time as a practitioner and this speech serves as a reminder as to the meaningful role that sports play in each one of our lives. Feerick draws from life experiences of his own as well as that of colleagues and family members to observe the timeless and universal …


Social Media In Sports: Can Professional Sports League Commissioners Punish 'Twackle Dummies'?, Daniel J. Friedman Apr 2012

Social Media In Sports: Can Professional Sports League Commissioners Punish 'Twackle Dummies'?, Daniel J. Friedman

Pace Intellectual Property, Sports & Entertainment Law Forum

Daniel J. Friedman writes an article discussing the rise and popularity in social media use by professional athletes. He then discusses some of the new problems that have arisen due to social media misuse and the power of the Commissioner to restrict and punish the players for misuse. The article culminates with a case study hypothetical related to content based social media misuse and whether the Commissioners of professional sports league can punish a player for the content of their social media messages.