Entertainment, Arts, and Sports Law Commons^™

Rhode Island And Sports Law, Adam Epstein

Roger Williams University Law Review

No abstract provided.

Panel 2: Modern Trends And Internet Speech, Enrique Armijo, Paul M. Barrett, Michael A. Cheah, Zahra Takhshid, Felix Wu

Cardozo Arts & Entertainment Law Journal

The article explores the complexities and future of Section 230, focusing on its role in protecting online platforms from liability for user-generated content. Panelists argue that Section 230 is an immunity, not a subsidy, and discuss its implications for content moderation, new technologies, and regulatory oversight. They propose various reforms, including FTC regulation and clarifying Section 230's scope for emerging harms.

A New Methodology For The Analysis Of Visuals In Legal Works, Michael D. Murray

FIU Law Review

The goal of this Article is to introduce a comprehensive methodology for the analysis of visuals used for communication in legal works, by which I mean transactional and litigation documents, legal instruments, primary and secondary sources of law, and legal informational materials. To date, the scholarship on visuals in legal communications has been heavily descriptive, with some forays into the ethical and practical considerations of the use of “visualized” legal works. No one has yet devised a comprehensive analytical methodology that draws upon the disciplines of visual literacy, visual cultural studies, visual rhetoric, and mise en scène analysis to evaluate …

Sabermetrics And Patents?: Open Source, Property Protections, And Alice V. Cls Bank, Keegan L. Rand

Marquette Intellectual Property & Innovation Law Review

None

Points Of No Return: How The Ninth Circuit’S New Voluntary Undertaking Doctrine Changes Return-To-Play In Sports, Sam C. Ehrlich

University of San Francisco Law Review

No abstract provided.

#Metoo: Music Industry Edition, Nazarene Anderson

University of San Francisco Law Review

No abstract provided.

Transgender Student-Athletes Punch Back: A Legal Analysis Of States' "Fairness In Women's Sports Act" And How It Violates The Fourteenth Amendment And Title Ix, Daniel Jimenez

University of San Francisco Law Review

No abstract provided.

Twenty Yards From The End Zone: Adr, And The Potential For Greater Levels Of Gender Equality In Professional Sports Employment, Elan Kirshenbaum

Cardozo Journal of Conflict Resolution

This Note will highlight the specific instances of gender-based employment discrimination in professional sports and then consider how alternative dispute resolution (“ADR”) provides the best avenue to address and correct these imbalances. In particular, this Note will analyze the benefits and drawbacks of ADR and litigation, while simultaneously applying this analysis to the discussion of the gender gap in professional sports employment. Part II will outline several examples of this discrimination, while also briefly detailing the general hiring and wage gaps that exist between men and women. In doing so, this section will examine the hiring practices of three of …

Extra Life: An Odr Mediation System As A Moderation Tool For Live Streaming Platforms, Myeonghwan Cha

Cardozo Journal of Conflict Resolution

No abstract provided.

A Personal Essay: The Parthenon Marbles And The British Museum's Fairy Tale, David Rudenstine

Cardozo Arts & Entertainment Law Journal

The British Museum's retention of the Parthenon Marbles is justified by a narrative that the author describes as a "fairy tale," unsupported by historical evidence. The museum claims that Lord Elgin obtained prior written permission from Ottoman authorities to remove the sculptures, but the author argues that this claim is false and contradicted by available evidence. The article contends that the museum's narrative lacks an evidentiary foundation, amounting to deliberate misrepresentation, and calls for the return of the marbles to Athens.

The Parthenon Marbles Case: Background And The Arguments Of Greece And The Uk, Irini Stamatoudi

Cardozo Arts & Entertainment Law Journal

The article examines the longstanding dispute over the Parthenon Marbles, focusing on the legal, ethical, and policy arguments between Greece and the UK. It critiques the UK's reliance on the "Universal Museum" theory and legal constraints, arguing that the Marbles' return to Greece is justified on ethical and cultural grounds. The article emphasizes the importance of reuniting the Marbles in their original context and challenges the UK's position as outdated and contrary to modern principles of cultural heritage law.

Opening Remarks, Christopher J. Buccafusco, Matthew Vernace

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Section 230 And The Right To Remove Vaccine Misinformation, Michael A. Cheah

Cardozo Arts & Entertainment Law Journal

Recognizing its clear propensity to cause serious public harm, many online platforms have restricted vaccine misinformation. This essay argues that these platforms are protected from liability when they remove such content under Section 230 of the Communications Decency Act. The essay conducts a textual and policy-based analysis of the "publisher" immunity conferred by Section 230(c) (1) and the immunity for restricting objectionable materials under Section 230(c)(2) and concludes that both protect the removal of vaccine misinformation. The essay further argues that repealing Section 230 will not encourage platforms to combat vaccine misinformation as some policymakers have suggested. That is because …

Crying Cda Immunity: Tech Companies' Knee-Jerk Defense To Child Sexual Exploitation & Product Liability Claims, Carrie Goldberg, Naomi Leeds

Cardozo Arts & Entertainment Law Journal

The article argues that Section 230 of the Communications Decency Act is being misapplied by tech companies like Omegle to avoid liability in cases involving child sexual exploitation and product liability. It contends that Section 230 immunity should not shield companies when claims pertain to product design flaws and trafficking, emphasizing the need for courts to recognize the distinction between content moderation and product-related harms.

Opening Remarks, Melanie Leslie, David Rudenstine

Cardozo Arts & Entertainment Law Journal

The article addresses the controversy surrounding the Parthenon Marbles, sculptures removed from Greece by Lord Elgin over 200 years ago and currently held by the British Museum. The symposium explores the ethical, legal, and political dimensions of their potential repatriation to Greece, emphasizing the broader implications for cultural property disputes and the role of museums in addressing colonial legacies.

Five Reflections From Five Years Of Fosta/Sesta, Kendra Albert

Cardozo Arts & Entertainment Law Journal

The article critically examines the impact of the Fight Online Sex Trafficking Act (FOSTA) and the Stop Enabling Sex Traffickers Act (SESTA), arguing that these laws have disproportionately harmed sex workers by leading to widespread deplatforming and increased criminalization. While FOSTA/SESTA aimed to combat sex trafficking, the author contends that the legislation conflated sex work with trafficking, resulting in the shutdown of harm reduction platforms and exacerbating risks for sex workers. The article emphasizes the need to center the voices of marginalized communities in policy-making and advocates for decriminalization as a more effective approach to preventing exploitation.

Copyright Neutrality? Lessons From Mein Kampf, Michal Shur-Ofry, Noy Lion

Cardozo Arts & Entertainment Law Journal

This Article explores the copyright story of Hitler's Mein Kampf over the past century and uses this case study to shed new light on one of copyright's foundational doctrines: the principle of copyright neutrality. Relying on primary archival materials from German archives, combined with legal proceedings from the 1930s onwards, secondary historical sources, and in-depth interviews, we trace the copyright trails of Mein Kampf across several jurisdictions and periods of time. This intricate inquiry unravels the surprisingly central role that copyright played in spreading the Nazi ideology and illuminates a structural imbalance within the neutrality principle, which may legitimize and …

Panel 1: Sexual Exploitation, Sex Workers, And Section 230, Mary Graw Leary, Kendra Albert, Carrie Goldberg, Felix Wu

Cardozo Arts & Entertainment Law Journal

The article examines the implications of Section 230 of the Communications Decency Act, focusing on its impact on sexual exploitation, sex workers, and online speech. Panelists discuss the unintended consequences of legislative changes like FOSTA-SESTA and propose reforms such as the EARN IT Act to address child sexual abuse material (CSAM). They emphasize the need to balance protecting victims with safeguarding legitimate speech, particularly for marginalized communities, and advocate for comprehensive reforms rather than piecemeal changes.

The Need For Adopting Mass Arbitration Waivers In The Online Sports Betting Industry, Samuel Ditchek

Cardozo Journal of Conflict Resolution

FanDuel and DraftKings, two ascending corporate powerhouses, have been the driving force in online sports betting's surge in popularity. Akin to other online services, both of these providers have featured/currently feature binding arbitration clauses that compel users to settle disputes through arbitration. Though their Terms of Use resemble typical consumer contracts, FanDuel and DraftKings have made a costly error in failing to account for mass copycat arbitration actions. These types of actions are avenues for large groups of consumers to individually file arbitration claims in order to force a settlement. Without the intention of actually pursuing their arbitration claims, consumers …

Mechanical Licenses And The Willing Buyer/Willing Seller Standard: Establishing Royalty Rates In A Vacuum Of Knowledge, Natalie Linn

Student Articles & Notes

No abstract provided.

Fourth Amendment Issues And Covid-19 Tracking, Brooke A. Banks

Cardozo Arts & Entertainment Law Journal

The note argues that the special needs doctrine does not justify warrantless government access to cell site location information (CSLI) for COVID-19 tracking, as individual privacy interests outweigh public health benefits. It advocates for voluntary, privacy-protective measures, such as opt-in apps, to balance privacy and pandemic response.

#Freebritney: The Importance Of Public Access To The Guardianship System, Cecily D'Amore

Cardozo Arts & Entertainment Law Journal

The note examines the systemic issues in the U.S. guardianship system, highlighted by Britney Spears' highly publicized conservatorship case, and advocates for increased transparency and accountability. It argues that while guardianship laws are designed to protect vulnerable individuals, cases like Spears' reveal gaps in oversight, inconsistent public access to records, and the need for less restrictive alternatives. The note proposes reforms, including enhanced public access to guardianship case information and the creation of a centralized database, to address these shortcomings and prevent abuse.

Mechanical Licenses And The Willing Buyer/Willing Seller Standard: Establishing Royalty Rates In A Vacuum Of Knowledge, Natalie Linn

Cardozo Arts & Entertainment Law Journal

The Music Modernization Act (MMA) introduced a significant shift in determining mechanical royalty rates by replacing the 801(b)(1) standard with the willing buyer-willing seller standard. This change, while aiming to establish fair market value, presents challenges for the Copyright Royalty Board (CRB) due to the lack of a comparable market and the influence of statutory licensing. The transition is expected to increase royalty rates, impacting various stakeholders, including copyright owners, streaming services, and consumers, and may lead to heightened disputes and uncertainty in the industry.

Any Port In A Storm: What Social Media Platforms Should Do To Address The Shifting Legal Tides Governing Content Embedding, Laura Cohen

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Masthead - Cardozo Arts & Entertainment Law Journal, Vol. 40 (2022-23)

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 40, Iss. 1

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Uncovering Patent Prosecution: An Obvious(Ness) Negotiation, Orit Fischman-Afori, Yifat Nahmias, Iris Soroker

Cardozo Arts & Entertainment Law Journal

Because a patent is a license for a monopoly affecting the public good, the process of patent prosecution deserves close scrutiny. Yet, significant aspects of this process remain unexplored. In particular, two central thresholds for patent eligibility, "novelty" and "nonobviousness," regarded as the bedrock of patent law worldwide, have rarely been examined on an empirical basis. Investigating how these requirements are invoked during the patent prosecution process is critical to understanding how the application of patent law's central tenets affects the quantity and quality of the resulting patents and, ultimately, the public interest.

In this empirical study, we examine a …

Autumn Is Coming: A Novel Liability Theory That May Kill Pharmaceutical Evergreening, Uri Y. Hacohen

Cardozo Arts & Entertainment Law Journal

Pharmaceutical evergreening-attempts by brand-name manufacturers to leverage patent rights to artificially extend legal protection for drugs-is among the most pressing and unresolved public policy challenges of our time. On July 14, 2021, in Sanofi et al. vs. Unipharm Ltd., the Israeli Supreme Court adopted a novel and internationally unprecedented legal policy to combat the evergreening pandemic. By using its equitable powers, the Israeli court empowered a generic manufacturer, Unipharm, to claim on behalf of the public interest the wrongly obtained monopoly profits that a brand-name manufacturer, Sanofi, obtained by improperly leveraging its improvement patent to impair generic market entry. This …

Examining The Fourth Amendment And Biometric Data Privacy Law Implications Of Ncaa Athletes' Mandated Use Of Athlete Biometric Data Tracking Devices, Alicia Jessop

Cardozo Arts & Entertainment Law Journal

This Article presents the first in-depth analysis of the privacy law implications, under both the Fourth Amendment to the United States Constitution and individual states' biometric data privacy laws, resulting from National Collegiate Athletic Association (NCAA) member institutions mandating that athletes wear athlete biometric data (ABD) tracking devices. The Article provides the NCAA' and its member institutions, athletes, and Congress with recommendations of how to respond to the privacy law concerns that exist in a period of expanded ABD collection, use, and storage. Part I discusses the growing practice of athletics departments requiring intercollegiate athletes to wear ABD tracking devices. …

Strengths And Weaknesses Of Notice And Consent Requirements Under The Gdpr, The Ccpa/Cpra, And The Fcc Broadband Privacy Order, Scott Jordan

Cardozo Arts & Entertainment Law Journal

We compare the notice and consent requirements of the three recent privacy regulations that are most likely to serve as the starting points for the creation of a comprehensive consumer privacy bill in the United States: the European General Data Protection Regulation, the Calfornia Consumer Privacy Act/California Privacy Rights Act, and the Federal Communications Commission's Broadband Privacy Order. We compare the scope of personal information under each regulation, including the test for identifiability and exclusions for de-identified information, and identify problems with their treatment of de-identified information and of pseudonymous information. We compare notice requirements, including the level of required …