Entertainment, Arts, and Sports Law Commons^™

Your Coach Is Watching: Can A High School Regulate Its Student-Athletes' Use Of Social Media?, Lauren E. Rosenbaum

Marquette Sports Law Review

No abstract provided.

Market Structure And Political Law: A Taxonomy Of Power, Zephyr Teachout, Lina M. Khan

Faculty Scholarship

The goal of this Article is to create a way of seeing how market structure is innately political. It provides a taxonomy of ways in which large companies frequently exercise powers that possess the character of governance. Broadly, these exercises of power map onto three bodies of activity we generally assign to government: to set policy, to regulate markets, and to tax. We add a fourth category – which we call "dominance," after Brandeis – as a kind of catchall describing the other political impacts. The activities we outline will not always fit neatly into these categories, nor do all …

Is Culture A Justiciable Issue? , Jessica L. Darraby

Pepperdine Law Review

No abstract provided.

How The Expressive Power Of Title Ix Dilutes Its Promise, Dionne L. Koller

All Faculty Scholarship

Title IX is widely credited with shaping new norms for the world of sports by requiring educational institutions to provide equal athletic opportunities to women. The statute and regulations send a message that women are entitled to participate in sports on terms equal to men. For several decades, this message of equality produced dramatic results in participation rates, as the number of women interested in athletics grew substantially. Despite these gains, however, many women and girls, especially those of color and lower socio-economic status, still do not participate in sports, or remain interested in participating, in numbers comparable to their …

Conference Bibliography: Selected Books And Other Publications By Conference Participants And New Scholarly Books Related To Law And The Humanities, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Association for the Study of Law, Culture, & the Humanities 14th Annual Conference

A selected bibliography was prepared in connection with the Association for the Study of Law, Culture and the Humanities 14th Annual Conference held at the William S. Boyd School of Law, University of Nevada, Las Vegas, on March 11-12, 2011.

Entertainment Law - The Specter Of Malpractice Claims And Disciplinary Actions, Jack P. Sahl

Marquette Sports Law Review

No abstract provided.

Perelman's Theory Of Argumentation And Natural Law, Francis J. Mootz Iii

Scholarly Works

Chaim Perelman resuscitated the rhetorical tradition by developing an elegant and detailed theory of argumentation. Rejecting the single-minded Cartesian focus on rational truth, Perelman recovered the ancient wisdom that we can argue reasonably about matters that admit only of probability. From this one would conclude that Perelman’s argumentation theory is inalterably opposed to natural law, and therefore that I would have done better to have written an article titled “Perelman’s Th eory of Argumentation as a Rejection of Natural Law.”

However, my thesis is precisely that Perelman’s theory of argumentation connects to the natural law tradition in interesting and productive …

The Evolution Of Copyright Law In The Arts, Kevin Liftig

Honors Scholar Theses

As digital storage of intellectual goods such as literature and music has become widespread, the duplication and unlicensed distribution of these goods has become a frequent source of legal contention. When technology for production and replication of intellectual goods advanced, there were disputes concerning the rights to produce and duplicate these works. As new technologies have made copies of intellectual goods more accessible, legal institutions have largely moved to protect the rights of ownership of ideas through copyright laws. This paper will examine key changes in the technology that affect intellectual property, and the responses that legal institutions have made …

Are We All Dopes? A Behavioral Law And Economics Approach To Legal Regulation Of Doping In Sports, Shayna M. Sigman

Marquette Sports Law Review

No abstract provided.

The Body And The Law: How Physiological And Legal Obstacles Combine To Create Barriers To Accurate Drug Testing , Genevieve F.E. Birren, Jeremy C. Fransen

Marquette Sports Law Review

No abstract provided.

Judging Art, Christine Farley

Scholarly Articles in Law Reviews & Journals

What is art? Surprisingly, this question is addressed in various places in the law. At these junctures, courts typically attempt to avoid making a judgment. Indeed, the law generally resists any definition of art. The reasons given for this are that these determinations are too subjective for the courts and that judges lack proper training and expertise. Thus, the doctrine of avoidance is the most stable and explicitly stated proposition to be found in these encounters. However, the question of whether an object is a work of art for treatment under the law is often unavoidable. This question gets resolved …

Let's Not "Spit The Bit" In Defense Of "The Law Of The Horse": The Historical And Legal Development Of American Thoroughbred Racing, Joan S. Howland

Marquette Sports Law Review

No abstract provided.

Judges As Film Critics: New Approaches To Filmic Evidence, Jessica Silbey

Faculty Scholarship

This Article exposes internal contradictions in case law concerning the use and admissibility of film as evidence. Based on a review of more than ninety state and federal cases dating from 1923 to the present, the Article explains how the source of these contradictions is the frequent miscategorization of film as “demonstrative evidence,” evidence that purports to illustrate other evidence, rather than to be directly probative of some fact at issue. The Article further demonstrates how these contradictions are based on two venerable jurisprudential anxieties. One is the concern about the growing trend toward replacing the traditional testimony of live …

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.

Australian Medico-Legal Issues In Sport: The View From The Grandstand, Hayden Opie

Marquette Sports Law Review

No abstract provided.

Law As Craft, Brett G. Scharffs

Vanderbilt Law Review

This Article explores the similarities between the law and other craft traditions, such as carpentry, pottery, and quilting. Its thesis is that law--and in particular adjudiction---combine elements of what Aristotle described as practical wisdom, or phronesis, and craft, or techne. Craft knowledge is learned practically through experience and demonstrated through practice, and is contrasted with other concepts, including art, science, mass production, craftiness, and hobby. Crafts are characterized by four simutaneous identities. First, crafts are made by hand-one at a time-and require not only talent and skill, but also experience and what Karl Llewellyn called "situation sense." Second, crafts are …

Fraser V. Mls, L.L.C.: Is There A Sham Exception To The Copperweld Single Entity Immunity?, Michael P. Waxman

Marquette Sports Law Review

No abstract provided.

What Is Sports Law?, Timothy Davis

Marquette Sports Law Review

No abstract provided.

Baseball And The Rule Of Law, Paul Finkelman

Cleveland State Law Review

Most cultures have a new year of some kind; a season of beginning. For lawyers who are baseball fans, there are two beginnings, two seasons. The first season begins in April, and begins to wind down in October. That is of course, the baseball season. But, with baseball finished, we can turn to the Court, and watch it with a keen eye. The Court's season continues to build to its climax in the Spring. Just as the baseball season is beginning its slow opening, the Court overwhelms us in the spring with what sometimes seems to be an avalanche of …

Law, Art, And The Killing Jar, Louise Harmon

Scholarly Works

No abstract provided.

Broadcasting And The Administrative Process In Japan And The United States, Jonathan Weinberg

Law Faculty Research Publications

No abstract provided.

Postsecondary Athletics And The Law: A Selected Bibliography, Edmund P. Edmonds

Journal Articles

Although sports have for many years been an integral part of American higher education, it was not until recent years that athletics in colleges and universities became enmeshed in legal problems. The heightened interest in the legal aspects of sports is apparent to even the most casual reader of the daily sports pages, and it is increasingly becoming a major concern of administrators in American colleges. Because of this interest one finds a number of articles appearing in law reviews in recent times, when in the past they were almost non-existent. In fact, the existence of this symposium issue is …