Open Access. Powered by Scholars. Published by Universities.®
Entertainment, Arts, and Sports Law Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Intellectual Property Law (61)
- First Amendment (23)
- Communications Law (20)
- Science and Technology Law (20)
- Antitrust and Trade Regulation (17)
-
- Internet Law (12)
- Dispute Resolution and Arbitration (11)
- Constitutional Law (8)
- Administrative Law (7)
- Contracts (7)
- Gaming Law (7)
- Legislation (7)
- Computer Law (6)
- Courts (6)
- Labor and Employment Law (6)
- Estates and Trusts (5)
- Torts (5)
- Consumer Protection Law (4)
- Criminal Law (4)
- Criminal Procedure (4)
- Education Law (4)
- Marketing Law (4)
- Medicine and Health Sciences (4)
- Comparative and Foreign Law (3)
- Health Law and Policy (3)
- International Law (3)
- Jurisprudence (3)
- Litigation (3)
- Institution
-
- Yeshiva University, Cardozo School of Law (43)
- Pepperdine University (28)
- Marquette University Law School (22)
- Villanova University Charles Widger School of Law (21)
- UC Law SF (10)
-
- UIC School of Law (9)
- Pace University (6)
- Vanderbilt University Law School (6)
- Seton Hall University (5)
- Fordham Law School (4)
- Penn State Dickinson Law (4)
- University of Michigan Law School (4)
- Maurer School of Law: Indiana University (3)
- New York Law School (3)
- Notre Dame Law School (3)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (3)
- Columbia Law School (2)
- East Texas A&M University (2)
- Loyola University Chicago, School of Law (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
- University of Baltimore Law (2)
- West Virginia University (2)
- Duke Law (1)
- Florida International University College of Law (1)
- Louisiana State University Law Center (1)
- Northwestern Pritzker School of Law (1)
- Saint Louis University School of Law (1)
- University of Arkansas Little Rock (1)
- University of Georgia School of Law (1)
- University of Kentucky (1)
- Keyword
-
- Copyright (7)
- Copyright law (6)
- NFL (6)
- Antitrust (5)
- Baseball (5)
-
- Collective bargaining (5)
- First Amendment (5)
- Freedom of speech (5)
- Major League Baseball (5)
- NCAA (5)
- Sport (5)
- Sports (5)
- Antitrust law (4)
- Contracts (4)
- Liability (4)
- Sherman Act (4)
- Administrative law (3)
- College (3)
- Copyright Act of 1976 (3)
- Gambling (3)
- MLB (3)
- Professional sports (3)
- Public domain (3)
- Steroids (3)
- Arbitration (2)
- Arbitration & award (2)
- Artists (2)
- California (2)
- Coach (2)
- Concussion (2)
- Publication
-
- Cardozo Arts & Entertainment Law Journal (37)
- Marquette Sports Law Review (22)
- Jeffrey S. Moorad Sports Law Journal (1994 - ) (21)
- Pepperdine Law Review (13)
- Journal of the National Association of Administrative Law Judiciary (11)
-
- UC Law SF Communications and Entertainment Journal (10)
- Pace Intellectual Property, Sports & Entertainment Law Forum (6)
- Faculty Scholarship (5)
- Scholarly Works (5)
- Student Works (5)
- Pepperdine Dispute Resolution Law Journal (4)
- All Faculty Scholarship (3)
- Fordham Intellectual Property, Media and Entertainment Law Journal (3)
- UIC Law Open Access Faculty Scholarship (3)
- UIC Review of Intellectual Property Law (3)
- Vanderbilt Journal of Entertainment & Technology Law (3)
- Arbitrator Charts (2)
- Articles (2)
- Articles & Chapters (2)
- Cardozo Journal of Conflict Resolution (2)
- Cardozo Journal of International and Comparative Law (2)
- Faculty Publications (2)
- Faculty Publications & Other Works (2)
- Faculty Scholarly Works (2)
- Honors Theses (2)
- IP Theory (2)
- Michigan Telecommunications & Technology Law Review (2)
- UIC Law Review (2)
- Vanderbilt Law School Faculty Publications (2)
- West Virginia Law Review (2)
- Publication Type
Articles 31 - 60 of 201
Full-Text Articles in Entertainment, Arts, and Sports Law
Fair Play: The Tension Between An Athletic Association's Regulatory Power And Free Speech Rights Of Member Schools - The Practical Implications Of Tennessee V. Brentwood, Aaron Echols
Journal of the National Association of Administrative Law Judiciary
This case note focuses on the development of free speech rights and how those free speech rights co-exist with the rights of administrative bodies to regulate the speech and behavior of members. In particular, this case note examines the tension between the free speech rights of member schools trying to advertise the benefits of attending their school and the regulatory interests of an athletic association seeking to ensure fair athletic competition and academic priority over athletics.
Not (Necessarily) Narrower: Rethinking The Relative Scope Of Copyright Protection For Designs, Sarah Burstein
Not (Necessarily) Narrower: Rethinking The Relative Scope Of Copyright Protection For Designs, Sarah Burstein
IP Theory
No abstract provided.
Explaining The Supreme Court's Interest In Patent Law, Timothy R. Holbrook
Explaining The Supreme Court's Interest In Patent Law, Timothy R. Holbrook
IP Theory
No abstract provided.
Closing A Loophole In Musicians' Rights: Why Digital Remasters Of Analog Sound Recordings Are Not Derivative Works Protected By The Copyright Act, Jon Peritz
Cardozo Public Law, Policy & Ethics Journal
The note argues that digital remasters of analog sound recordings do not qualify as derivative works under the Copyright Act, as they lack the requisite originality and substantial variation required for protection. This conclusion has significant implications for artists' termination rights, as allowing record labels to claim copyright in remasters would undermine the purpose of the Copyright Act's termination provisions, which aim to protect artists from unfair copyright transfers. The analysis emphasizes that remasters are primarily functional adaptations for the digital marketplace rather than creative works, and their protection would harm artists by limiting their ability to renegotiate rights or …
The Law Professor As Faculty Athletics Representative: Some Random Thoughts After Two Years, David E. Shipley
The Law Professor As Faculty Athletics Representative: Some Random Thoughts After Two Years, David E. Shipley
Scholarly Works
It is a pleasure to write an essay about something I really enjoy, and it is especially pleasing not to worry about footnotes. I have been a law professor since 1977, and in August 2012, I started my 35th year of teaching. It is still fun to be in the classroom; my students energize me, teaching remains a challenge and being a productive scholar is important. I am one of those professors who likes his law school, university and professional service commitments. I am fortunate to have the best job in higher education: being a tenured law professor. My service …
Up, Up & Away: How Siegel & Shuster's Superman Was Contracted Away & Dc Comic Won The Day, Dallas F. Kratzer Iii
Up, Up & Away: How Siegel & Shuster's Superman Was Contracted Away & Dc Comic Won The Day, Dallas F. Kratzer Iii
West Virginia Law Review
No abstract provided.
International Fashion Trends: The Business Of International Fashion Law, Barbara Kolsun, Jeff Goldfarb, Greg Weisman, Howard Robbins, Guillermo Jimenez, Lee Sporn, Frances Hadfield, Michael Wildes, Theodore Max, Doreen Small, Ali G. Marquart, Jeff Trexler, Georgia Kalivas, Peter Fields, Natalie Nixon
International Fashion Trends: The Business Of International Fashion Law, Barbara Kolsun, Jeff Goldfarb, Greg Weisman, Howard Robbins, Guillermo Jimenez, Lee Sporn, Frances Hadfield, Michael Wildes, Theodore Max, Doreen Small, Ali G. Marquart, Jeff Trexler, Georgia Kalivas, Peter Fields, Natalie Nixon
Cardozo Journal of International and Comparative Law
No abstract provided.
A Native Vision Of Justice, Carole Goldberg
A Native Vision Of Justice, Carole Goldberg
Michigan Law Review
Although largely unheralded in its time, D'Arcy McNickle's The Surrounded has become a classic of Native American literature. When the University of New Mexico Press reissued the book in 1978, a year after McNickle's death, the director of Chicago's Newberry Library, Lawrence W. Towner, predicted (correctly) that it would "reach a far wider audience." Within The Surrounded are early stirrings of a literary movement that took flight several decades after the novel's first publication in the writings of N. Scott Momaday, Louise Erdrich, James Welch, Leslie Marmon Silko, and Gerald Vizenor, among others. All of these Native American authors share …
Is High-Altitude Mountaineering Russian Roulette?, Edward K. Cheng
Is High-Altitude Mountaineering Russian Roulette?, Edward K. Cheng
Vanderbilt Law School Faculty Publications
Whether the nature of the risks associated with climbing high-altitude (8000 m) peaks is in some sense “controllable” is a longstanding debate in the mountaineering community. Well-known mountaineers David Roberts and Ed Viesturs explore this issue in their recent memoirs. Roberts views the primary risks as “ objective ” or uncontrollable, whereas Viesturs maintains that experience and attention to safety can make a significant difference. This study sheds light on the Roberts-Viesturs debate using a comprehensive dataset of climbing on Nepalese Himalayan peaks. To test whether the data is consistent with a constant failure rate model (Roberts) or a decreasing …
How Detailed Of An Explanation Is Required When An Administrative Agency Changes An Existing Policy? Implications And Analysis Of Fcc V. Fox Television Stations, Inc. On Administrative Law Making And Television Broadcasters, David Lee
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Play Ball: What Can Be Done To Prevent Strikes And Lockouts In Professional Sports And Keep The Stadium Lights On, Alexandra Baumann
Play Ball: What Can Be Done To Prevent Strikes And Lockouts In Professional Sports And Keep The Stadium Lights On, Alexandra Baumann
Journal of the National Association of Administrative Law Judiciary
This comment analyzes the role that the National Labor Relations Board and the Federal Mediation and Conciliation Service play in ending strikes and lockouts caused by collective bargaining in professional sports. It then looks at what can be done to prevent lockouts and strikes in the future, which would not only benefit fans, but also stadium employees, players, and owners, as none of them make money if there are no games.
Regulating Violence In Video Games: Virtually Everything, Alan Wilcox
Regulating Violence In Video Games: Virtually Everything, Alan Wilcox
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Copyright And The Musical Arrangement: An Analysis Of The Law And Problems Pertaining To This Specialized Form Of Derivative Work, Joel L. Friedman
Copyright And The Musical Arrangement: An Analysis Of The Law And Problems Pertaining To This Specialized Form Of Derivative Work, Joel L. Friedman
Pepperdine Law Review
No abstract provided.
Nearly A Century In Reserve: Organized Baseball: Collective Bargaining And The Antitrust Exemption Enter The 80'S, Nancy Jean Meissner
Nearly A Century In Reserve: Organized Baseball: Collective Bargaining And The Antitrust Exemption Enter The 80'S, Nancy Jean Meissner
Pepperdine Law Review
In her comment, the author fashions a compelling argument for congressional elimination of baseball's exemption from federal antitrust laws. After noting that the exemption had been formulated in 1922 by the Supreme Court, the author explains that it has been abused by baseball club owners to create a virtual monopoly over ballplayers through the reserve system. Although the reserve system's control was somewhat diluted in 1976, with the advent of free agency and collective bargaining, club owners are currently negotiating for mandatory compensation for the loss of free agents. The resultant threat of a player's strike has served to focus …
Herschel Walker V. National Football League: A Hypothetical Lawsuit Challenging The Propriety Of The National Football League's Four-Or-Five Year Rule Under The Sherman Act, A. Randall Farnsworth
Herschel Walker V. National Football League: A Hypothetical Lawsuit Challenging The Propriety Of The National Football League's Four-Or-Five Year Rule Under The Sherman Act, A. Randall Farnsworth
Pepperdine Law Review
No abstract provided.
Droit De Suite: Only Congress Can Grant Royalty Protection For Artists, Lynn K. Warren
Droit De Suite: Only Congress Can Grant Royalty Protection For Artists, Lynn K. Warren
Pepperdine Law Review
Congress has enacted the 1976 Copyright Act which does not grant resale royalties to fine artists. It does, however, add a strong preemption provision that was not a part of the 1909 Act. This provision emphatically preempts any state law granting a right equivalent to a right granted by the federal statute to any work which is the subject matter of copyright. In its desire to increase protection for fine artists, the State of California has enacted the first droit de suite legislation in the United States, patterned after European copyright law, which extends resale royalties to fine artists. This …
Negotiations Between The Wga And Amptp: How To Avoid Strikes And Still Promote Members' Needs, Jillian N. Morphis
Negotiations Between The Wga And Amptp: How To Avoid Strikes And Still Promote Members' Needs, Jillian N. Morphis
Pepperdine Dispute Resolution Law Journal
The article focuses on the collective bargaining agreement negotiations between the Alliance of Motion Picture and Television Producers (AMPTP) and Writers Guild of America (WGA). The role of the WGA is to ensure the rights of writers are not violated and checks on their credit, legislation registration of their writings and enforcement of contracts, while AMPTP is a collective bargaining negotiating association. The strikes by WGA, the negotiation and mediation techniques are also discussed.
What Finra Can Learn From Major League Baseball, Ben Einbinder
What Finra Can Learn From Major League Baseball, Ben Einbinder
Pepperdine Dispute Resolution Law Journal
The article presents information on the arbitration system formed by the Financial Industry Regulatory Authority (FINRA) with respect to the arbitration under the employment disputes in the financial industry. The arbitration models created by FINRA examine the disputes in the securities industry. Information on the impact of the Major League Baseball and its works on the employment disputes are also presented.
Is There A Stare Decisis Doctrine In The Court Of Arbitration For Sport? An Analysis Of Published Awards For Anti-Doping Disputes In Track And Field, Annie Bersagel
Pepperdine Dispute Resolution Law Journal
The article presents information on the doctrine of the stare decisis under the court of arbitration for sport with respect to the awards and arbitration for the disputes on anti-doping in the sport of track and field. The jurisdiction of the commercial and the disciplinary disputes of the Olympic Games are exercised by the court of arbitration for sport. Information on the role of the doctrine of the civil law is also presented.
The Five-Tool Mediator: Game Theory, Baseball Practices, And Southpaw Scouting, Michael N. Widener
The Five-Tool Mediator: Game Theory, Baseball Practices, And Southpaw Scouting, Michael N. Widener
Pepperdine Dispute Resolution Law Journal
This essay borrows heavily from the fields of game theory, baseball business strategy and neuropsychology. Knitting these together, the author advocates that mediators become inciters and advocates for an outcome that solves problems, irrespective of the amount in controversy and the initial gap between offer and counter-offers of settlement. This is not an essay on how to do facilitator’s tasks in settlement negotiations; instead, the reader should consider how to think about the mediator’s role in the process, advancing the value proposition in negotiations. This essay does not propose that mediators become group therapists but instead urges them to relentlessly …
The Right Of Publicity: "You Can't Take It With You", Timothy C. Williams
The Right Of Publicity: "You Can't Take It With You", Timothy C. Williams
Pepperdine Law Review
The "right of publicity," a progeny of the right to privacy, has evolved into a valuable property right of the rich and famous. However, indecisive courts and disinterested legislatures have failed to arrive at any consensus on whether the "right of publicity" should be descendible and inheritable upon its owner's death. This comment seeks to evaluate the sundry arguments and policies concerning this issue, and to advocate a freely descendible 'right of publicity."
The Commercialization Of College Football: The Universities Of Oklahoma And Georgia Learn An Antitrust Lesson In Ncaa V. Board Of Regents, Suzanne E. Rand
The Commercialization Of College Football: The Universities Of Oklahoma And Georgia Learn An Antitrust Lesson In Ncaa V. Board Of Regents, Suzanne E. Rand
Pepperdine Law Review
No abstract provided.
Rohauer Revisited: "Rear Window," Copyright Reversions, Renewals, Terminations, Derivative Works And Fair Use , Richard Colby
Rohauer Revisited: "Rear Window," Copyright Reversions, Renewals, Terminations, Derivative Works And Fair Use , Richard Colby
Pepperdine Law Review
No abstract provided.
First Amendment Implications Of Rock Lyric Censorship, Michael A. Coletti
First Amendment Implications Of Rock Lyric Censorship, Michael A. Coletti
Pepperdine Law Review
No abstract provided.
Sufficiently Supervised Commissioned Workers: Mythical Beasts Sculpted From Old Law, Alexander Lambrous
Sufficiently Supervised Commissioned Workers: Mythical Beasts Sculpted From Old Law, Alexander Lambrous
Pepperdine Law Review
No abstract provided.
Reasoning Per Se And Horizontal Price Fixing: An Emerging Trend In Antitrust Litigation?, Joseph W. Defuria Jr.
Reasoning Per Se And Horizontal Price Fixing: An Emerging Trend In Antitrust Litigation?, Joseph W. Defuria Jr.
Pepperdine Law Review
No abstract provided.
Stutz, Robert Arbitration Chart, Edmund P. Edmonds
Stutz, Robert Arbitration Chart, Edmund P. Edmonds
Arbitrator Charts
No abstract provided.
Roberts, Thomas Arbitration Chart, Edmund P. Edmonds
Roberts, Thomas Arbitration Chart, Edmund P. Edmonds
Arbitrator Charts
No abstract provided.
A Descendible Right Of Publicity: Has The Time Finally Come For A National Standard?, J. Steven Bingman
A Descendible Right Of Publicity: Has The Time Finally Come For A National Standard?, J. Steven Bingman
Pepperdine Law Review
No abstract provided.
Red Card: Using The National Football League’S “Rooney Rule” To Eject Race Discrimination From English Professional Soccer’S Managerial And Executive Hiring Practices, Jeremy Corapi
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.