Entertainment, Arts, and Sports Law Commons^™

Courts, Trademarks, And The Icann Gold Rush: No Free Speech In Top Level Domains, Jerome O'Callaghan, Paula O'Callaghan

Loyola of Los Angeles Entertainment Law Review

In recent years, the Internet Corporation for Assigned Names and Numbers (ICANN) expanded top-level domains, such as .com, .net, and .org, to include a very wide variety of new terms. One of the new options is .sucks. This Article examines the potential for conflict when trademark holders seek to protect their mark in the context of the .sucks domain. There is a temptation to see this issue in terms of consumers’ free speech rights pitted against corporate interests. However, the recent privatization of ICANN does not bode well for promoting consumers’ First Amendment rights in domain name battles.

Be Honest With Me: How Federal Regulation Of Sports Gambling Must Protect The Integrity Of The Game, Grant Ellfeldt

Loyola of Los Angeles Entertainment Law Review

On May 14, 2018, the Supreme Court struck down the Professional and Amateur Sports Protection Act (PASPA). Before the Court’s decision, PASPA had entirely prohibited states from legalizing sports gambling. In light of their newfound liberty, states began to individually legalize and regulate sports gambling. The federal government did not wait long to introduce their own regulations. On December 19, 2018, Congress introduced the Sports Wagering Market Integrity Act (SWMIA). At its core, SWMIA is designed to protect the integrity of professional sports.

To protect the integrity of professional sports and prevent fraud, SWMIA must accomplish three things. First, because …

Changes Are Not Enough: Problems Persist With Ncaa's Adjudicative Policy, Elizabeth Lombard

Notre Dame Law Review

Recently, the critical eye of the public has focused on the adjudicative and enforcement policy of the National Collegiate Athletic Association (NCAA). Social media sites serve as a testament to the rampant shock and confusion that the general population has harbored with regard to the enforcement and adjudication process on the heels of recent, high-profile cases. Witnessing verified sports reporters and outlets refer to the NCAA as powerless or questioning its purpose or existence altogether is evidence of the NCAA’s trying times in the court of public opinion. On the one hand, and rightfully so, one might think that this …

Concussions And Contracts: The National Football League's Limitations To Protecting Its Players From Chronic Traumatic Encephalopathy, Julia Wolpert

Journal of Law and Health

Chronic Traumatic Encephalopathy (CTE) is a neurodegenerative brain injury that has become prevalent among high-contact professional sports, especially American football. More and more retired players are exhibiting symptoms of CTE and being diagnosed with CTE post-mortem. While the neuroscience community constantly releases studies showing a causal connection between brain trauma and CTE, the National Football League (NFL) continues to deny that any brain injury can arise from playing football. The NFL must implement provisions in their contracts to fully inform and protect players from this lethal brain injury. This article examines the repercussions of CTE, how players’ contracts do and …

Shoring Up The Hear Act: Proposed Amendments To Federal Legislation Designed To Assist Heirs And Claimants Of Nazi-Looted Art, Alexander Hull

Journal of Law and Policy

From 1933 to 1945, Nazi German forces executed a mass campaign of property confiscation, stealing as many as 600,000 pieces of art, including paintings, tapestries and sculptures from museums and private collections across Europe. It is estimated that some 300,000 pieces of art are still missing or are currently in the possession of someone other than the so-called “true” owner, based on reviews of Nazi documentation conducted by the Jewish Restitution Organization. While Nazi art looting has been regarded as “dehumanizing,” “self-advancing” and concomitant with the Nazi regime’s larger genocidal crusade, restitution in this context has been framed as a …

High Stakes: Throwing A Hail Mary To Congress For A Federal Ban On Sports Betting In College Athletics, Kaitlyn Kallert

Journal of Law and Policy

The Supreme Court’s 2018 decision overruling the Professional and Amateur Sports Protection Act’s (“PASPA”) federal prohibition on sports betting as unconstitutional under the Tenth Amendment has cleared the way for states to legalize sports gambling, which, in turn, has proven a controversial subject. Supporters of state legalization of sports gambling “argue that legalization will generate revenue for states and critically weaken illegal sports betting operations, which are often commissioned by organized crime.” However, as the Supreme Court notes, opponents contend that the legalization of sports betting will expose America’s youth to accessible gambling, “encourage people of modest means to squander …

Lane Violation: Why The Ncaa's Amateurism Rules Have Overstepped Antitrust Protection & How To Correct, Alexander Knuth

Notre Dame Law Review Reflection

The NCAA is in the midst of an era that will define the future of collegiate athletics and determine how young people participate in sports for the foreseeable future. This Essay ultimately concludes that both the NCAA and its athletes would benefit from a system that allows for the exploitation of athletes' name, image, or likeness (NIL) rights while preserving the core educational and nonprofessional nature of college sports as a product. Currently the NCAA requires its athletes to maintain a very broadly defined amateur status to remain eligible for competition. The current amateurism definition states that athletes must forego …

The Legal Design For Parenting Concussion Risk, Katharine B. Silbaugh

Faculty Scholarship

This Article addresses a question as yet unexplored in the emerging concussion risk literature: how does the statutorily assigned parental role in concussion risk management conceptualize the legal significance of the parent, and does it align with other areas of law that authorize and limit parental risk decision-making? Parents are the centerpiece of the “Lystedt” youth concussion legislation in all fifty states, and yet the extensive legal literature about that legislation contains no discussion of parents as legal actors and makes no effort to situate their statutory role into the larger legal framework of parental authority. This Article considers the …

Copyrighting Experiences: How Copyright Law Applies To Virtual Reality Programs, Alexis Dunne

The Journal of Business, Entrepreneurship & the Law

This note will attempt to shed light on the question of what kind of protection copyright law affords VR experiences. Part II discusses the nature of VR experiences and their implementation through specifically tailored VR technology. Part III provides an overview of copyright protection, its limitations, and specifically the history of the copyrightability of computer programs. Parts IV and V outline case law relevant to the discussion of the copyrightability of different types of VR experiences and how that case law similarly or dissimilarly apply to the protection of VR experiences. Part IV focuses on protecting VR experiences as a …

Dazed And Confused: Copyright Limitation, Elizabeth Sawyer

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Who Cares About The Modern Creator?, Jacqueline Malzone

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Clark Memorandum: Fall 2019, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• In Essentials, Unity; in Nonessentials, Liberty; and in All Things, Charity
• Choose to Trust the Lord
• First Amendment Harms
• "To Do Justly, and to Love Mercy"

Read on Issuu

Permissive Certificates: Collectors Of Art As Collectors Of Permissions, Peter J. Karol

Washington Law Review

Artists have been dramatically reshaping the fine art certificate of authenticity since the 1960s. Where traditional certificates merely certified extant objects as authentic works of a named artist, newer instruments purported both to authorize the creation of unbuilt artworks and instruct buyers how to manifest and install them. Such “Permissive Certificates” have fascinated contemporary art historians ever since. Prior scholarship has shown how such documents, essentially blueprints for art creation, force us to confront fundamental ontological questions on the nature of art, the relationship between artist, collector and viewer, and the influence of money and acquisitiveness on art generation. But …

Dr. Jekyll & Mr. Holmes: A Tale Of Two Testaments, Stephen R. Alton

South Carolina Law Review

No abstract provided.

Net Neutrality And The European Union’S Copyright Directive For The Digital Single Market, Nathan Guzé

Loyola of Los Angeles International and Comparative Law Review

The European Union’s Copyright Directive for the Digital Single Market should cause concern for net neutrality advocates. This article casts a critical gaze at Article 17 (previously Article 13) of this new Directive. It chronicles the Directive’s life: starting as a reaction to the perceived inadequate copyright protections provided by the previous Information Society Copyright Directive through to its then-present status circa May 2019. Next, net neutrality is defined, and its benefits and detriments are weighed to ultimately determine the policy is desirable. Article 17’s call for eliminating safe-harbor provisions for content hosts and its call for content filters signal …

Law Library Blog (October 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Lawful Neutral: The Justice System And Dungeons And Dragons, Laura Lea Williams

Cardozo Journal of Equal Rights & Social Justice

The note argues that the ban on Dungeons & Dragons (D&D) in prisons is rooted in outdated misconceptions and fails to recognize the game's potential as a rehabilitative tool. It critiques the judicial system's reliance on the Turner test, which has been used to uphold such bans, and advocates for a more nuanced approach that considers the game's benefits in fostering communication, empathy, and problem-solving skills among inmates.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Commodity Futures Trading Com'n V. Mcdonnell 287 F.Supp.3d 213 (E.D.N.Y. 2018), Zach Johnston

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Rockwell V. Trustees Of The Berkshire Museum No. 1776cv00253, 2017 Wl 6940932 (Mass. Sup. Ct. Nov. 7, 2017), Kahlia Halpern

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

A Tough Pill To Swallow: Increasing Complexity For Drug Developers In The Federal Circuit, Jacob Michalakes

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

The Federal Circuit: Thwarting Software Innovation, Bernardo Rocha

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Reinterpreting The Authenticity Of Reconstructed World Heritage Properties For The Twenty-First Century, Joy Naifeh

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Table Of Contents

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Striking The Balance: How States Can Protect Both Str Advocates And Opponents, James Stumpf

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Maloney V. T3media, Inc. 853 F. 3d 1004, (9th Cir. 2017), Ralph Loyola

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Cassirer V. Thyssen-Bornemisza Collection Foundation 862 F. 3d 951, (9th Cir. 2017), Alyssa Pullara

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Leapers, Inc. V. Smts, Llc, Melissa Cole

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Sophia: Exploring The Ways Ai May Change Intellectual Property Protections, Elizabeth Rocha

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Systematic Cultural Appropriation And The Israeli-Palestinian Conflict, Luma Zayad

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.