Entertainment, Arts, and Sports Law Commons^™

Guilty By A Nose: The Queen V. Riesberry And The Criminalization Of Racehorse Doping In Canada, Brian Manarin, Reem Zaia

Marquette Sports Law Review

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Panel 1: Perspectives On Transactions In Comic Books, David Gallaher, Larry Hama, Lillian Laserson, Matthew Tynan, Thomas Crowell

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Amateurism And The Ncaa: How A Changing Market Has Turned Caps On Athletic Scholarships Into An Antitrust Violation, Daniel Laws

Law Student Publications

The college athletics industry is worth $16 billion, and it only continues to grow as the number of collegiate students and student-athletes increases. The governing body of collegiate athletics, the National Collegiate Athletic Association ("NCAA"), prides itself on the amateur status of its athletes. To preserve its athletes' amateurism, the NCAA mandates that its member institutions agree not to compensate student-athletes with athletic scholarships that are above the university's cost of attendance. Typically, this type of horizontal agreement- one between competitors that artificially caps the amount a worker can earn violates Section 1 of the Sherman Act as an unreasonable …

Uniform Rules: Addressing The Disparate Rules That Deny Student-Athletes The Opportunity To Participate In Sports According To Gender Identity, Chelsea Shrader

University of Richmond Law Review

No abstract provided.

Time To Act: Correcting The Inadequacy Of Youth Concussion Legislation Through A Federal Act, Lance K. Spaude

Marquette Law Review

Concussions in sports are inevitable. Although an increased focus on concussions in youth sports has improved understandings, the prevalence of concussions in youth sports, the health and safety dangers they pose, and the legal liability they create are still relative unknowns. Despite remaining unknowns, a greater understanding of the long-term effects of concussions and the increased dangers in head impacts in youth athletics in recent years has resulted in lawsuits against the youth coaches, schools, and state athletic associations for athlete injuries suffered as a result of repetitive head trauma and concussions.

This Comment focuses on the need for federal …

A Fair Stream: Recommendations For The Future Of Fair Trade Music, Ricardo Hernandez

Vanderbilt Journal of Entertainment & Technology Law

Allied Business Intelligence research suggests that, by 2019, the music streaming industry will reach $46 billion in premium subscription revenues. As the music streaming industry grows, the creators of the musical content appear to be getting left behind. While there are a number of suggestions for why creators of musical content are not receiving their share of the pie, one thing is certain: a new business model is needed. This Note suggests that one possible way to ensure fairness in the music streaming supply chain is through applying the fair trade concept to the music streaming model. As such, this …

Deflategate: What's The Steelworkers Trilogy Got To Do With It?, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.

Will Athletes Ever Learn? Examining The Ways The Ncaa Has Tried To And Can Deter Student-Athletes From Accepting Extra Benefits, Devon L. Stauffer

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Blocking Home: Major League Baseball Settles Blackout Restriction Case; However, A Collision With Antitrust Laws Is Still Inevitable, William F. Saldutti Iv

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Is It Time To Pay Attention? Critiquing The Cognitive Enhancement Drug Policies And Appeals Process In United States Collegiate Sports, David Swiedler

Cardozo Journal of Conflict Resolution

This Note examines PED use in college sports, focusing primarily on cognitive enhancing drugs as an example of a common lethal PED, and the current NCAA drug-testing regulations and disciplinary process to explore its efficiency and fairness. Then, the Note proposes changes to the NCAA protocol, specifically changes to the appeals process for student-athletes who fail drug tests for PED use and request a review of the disciplinary actions taken against them by the NCAA.

Utilizing Alternative Dispute Resolution To Foster Comprehensive Traumatic Brain Injury Research, Michael Meyers

Cardozo Journal of Conflict Resolution

ADR, and more specifically mediation, could increase funding towards TBI prevention and recovery research. Section II explores the TBI Reauthorization Act in an effort to highlight its many successes and some of its shortcomings. Following the assessment of the national legislation, it is appropriate to examine efforts being made at the state-level. Next, because professional and collegiate sports leagues control a great deal of revenue, it is important to assess the initiatives set forth through their official league policies and rules, public relations efforts, and scientific contributions. This calls for an extensive examination of the NFL, NHL, NCAA, and FIFA's …

Multivoiced Authors, Lior Zemer

Cardozo Arts & Entertainment Law Journal

From many sources we have inherited a rich panoply of images about the "good author." The prevalent image of the good author as a unique individual who deserves a right in the works he creates and recognition for his contribution to the common stock of knowledge, occupies contemporary legal scholarship on copyright. Scholars argue that the law privileges owners with entitlements incompatible with the social nature of the creative act, and in this way disturbs the expectation that copyright law will "promote the Progress of Science and the useful Arts." In their arguments they claim that authorship is less an …

Panel 2: Comic Book Jurisprudence With Q&A, Karen Berger, Lillian Laserson, Paul Levitz, Robert Sikoryak, Brett Frischmann

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Fighting Falsity: Fake News, Facebook, And The First Amendment, Joel Timmer

Cardozo Arts & Entertainment Law Journal

Fake news stories about the major presidential candidates became widespread on Facebook and elsewhere online in the months leading up to the 2016 presidential election, raising questions of whether fake news influenced the outcome of the election. The ease and speed with which false news stories can spread online poses a threat to the efficient functioning of our democracy, a threat the government has a compelling interest in addressing. Political speech, however, even when false, is highly protected by the First Amendment, making it unlikely a valid law against fake news could be crafted. Candidates might pursue defamation actions against …

Clear Statement Rules And The Integrity Of Labor Arbitration, Stephen F. Ross, Roy Eisenhardt

Faculty Scholarship

Under the common law, employment contracts are submitted to civil courts to resolve disputes over interpretation, breach, and remedies. As an alternative, parties in labor contexts can agree to resolution by an impartial arbitrator, whose decision is reviewed deferentially by judges. Where employees are subject to rules of a private association, they are often contractually obligated to submit their claims to an internal association officer or committee; the common law provides for judicial review more limited than a civil contract but more searching than is the case for an impartial labor arbitrator. Recently, the National Football League and its players …

Abilify, Brintellix, Champix: The Abcs Of Fda Proprietary Name Disputes, M. Dinora Smith

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Product Hopping: Antitrust Liability And A Per Se Rule, Justine Amy Park

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Enhanced Preservation: Modifying The Protect And Preserve International Cultural Property Act To Better Protect Syrian Antiquities, Anthony Prinzivalli

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Will Blog For Food: Sponsored Content In The Age Of Millennials, Elina Rakhlin

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Fixing Soccer: Changing Fifa's Corporate Governance Structure In Response To The Current Fifa Corruption Scandal, Alexander Mandel

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Combating Counterfeits: Using U.S. Law To Analyze The Potential Application Of China's Amended Trademark Law To Online Marketplaces, Kerrijane John

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 35, Iss. 2

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Legislating The First Amendment: A Trio Of Recommendations For Lawmakers Targeting Free Expression, Clay Calvert

Cardozo Arts & Entertainment Law Journal

This Article offers three recommendations for lawmakers attempting to restrict expression that is presumptively protected by the First Amendment. The proposals include: (1) embracing a "prism of protection" through which all potential laws affecting expression are filtered prior to drafting; (2) mandating inclusion of sunset clauses in all statutes that may detrimentally impact free expression; and (3) adopting a comprehensive legislative oversight and review process for determining if an expired statute should be renewed, revised or abandoned. Although far from creating what Dean Roscoe Pound more than 100 years ago called a "science of legislation, " the proposals here nonetheless …

From "Hot News" To "Hot Data": The Rise Of "Fintech," The Ownership Of Big Data, And The Future Of The Hot News Doctrine, Victoria Ekstrand, Christopher Roush

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Freedom Of Artistic Expression In The Jurisprudence Of The United States Supreme Court And Federal Constitutional Court Of Germany: A Comparative Analysis, Raman Maroz

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Authenticity Debacle: Why Art Authentication And Litigation Don't Mix, Andrea Sobolewski

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 35, Iss. 3

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Introductions, Melanie B. Leslie

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Amending The Consent Decrees To Bring Musical Composition Licensing Into The Free Market, Danielle Ely

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Intellectual Property Rights For "Hubots": On The Legal Implications Of Human-Like Robots As Innovators And Creators, Amir Khoury

Cardozo Arts & Entertainment Law Journal

No abstract provided.