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Articles 3181 - 3210 of 7197

Full-Text Articles in Entertainment, Arts, and Sports Law

You'll Never Work (Or Play) Here Again: A Lingering Question In Title Ix Retaliation Claims Brought By Coaches And Athletes After Jackson V. Birmingham Board Of Education, Brian L. Porto Jun 2012

You'll Never Work (Or Play) Here Again: A Lingering Question In Title Ix Retaliation Claims Brought By Coaches And Athletes After Jackson V. Birmingham Board Of Education, Brian L. Porto

Marquette Sports Law Review

None

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"A Radical Proposal": Title Ix Has No Place In College Sport Pay-For-Play Discussions, Ellen J. Staurowsky Jun 2012

"A Radical Proposal": Title Ix Has No Place In College Sport Pay-For-Play Discussions, Ellen J. Staurowsky

Marquette Sports Law Review

None

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More Of The Same - Enough Already!, Cynthia Lee A. Pemberton Jun 2012

More Of The Same - Enough Already!, Cynthia Lee A. Pemberton

Marquette Sports Law Review

None

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Book Review: Getting In The Game: Title Ix And The Women's Sports Revolution, Cassandra Jones Jun 2012

Book Review: Getting In The Game: Title Ix And The Women's Sports Revolution, Cassandra Jones

Marquette Sports Law Review

None

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Consent Theory As A Possible Cure For Unconscionable Terms In Student-Athlete Contracts, Thomas A. Baker Iii, John Grady, Jesse M. Rappole Jun 2012

Consent Theory As A Possible Cure For Unconscionable Terms In Student-Athlete Contracts, Thomas A. Baker Iii, John Grady, Jesse M. Rappole

Marquette Sports Law Review

None

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Avoiding The Sack: How Nebraska's Departure From The Big 12 Changed College Football And What Athletic Conferences Must Do To Prevent Defection In The Future, Benjamin I. Leibovitz Jun 2012

Avoiding The Sack: How Nebraska's Departure From The Big 12 Changed College Football And What Athletic Conferences Must Do To Prevent Defection In The Future, Benjamin I. Leibovitz

Marquette Sports Law Review

None

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2011 Annual Survey: Recent Developments In Sports Law Jun 2012

2011 Annual Survey: Recent Developments In Sports Law

Marquette Sports Law Review

None

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Sports Law Arbitration By Cas: Is It The Same As International Arbitration?, Richard H. Mclaren May 2012

Sports Law Arbitration By Cas: Is It The Same As International Arbitration?, Richard H. Mclaren

Pepperdine Law Review

No abstract provided.

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What's In A Name? A Brief Study Of Legal Aptonyms, Aaron Zelinsky May 2012

What's In A Name? A Brief Study Of Legal Aptonyms, Aaron Zelinsky

Michigan Law Review First Impressions

Law and literature ranges wide. Scholars use Shakespeare to illuminate issues of justice, Dickens to understand trusts and estates, and J.K. Rowling to explain the law of nations. But an important subset of this field has been hitherto neglected: the study of the names of law's protagonists-law and onomastics. This Essay takes the first step into this promising arena by identifying a previously unexplored category of cases, which it dubs "legal aptonyms." Many are familiar with aptonyms but lack the vocabulary to describe them. Aptonyms—literally "apt names"—are those proper names that are "regarded as (humorously) appropriate to a person's profession …

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The Ncaa And The Student-Athlete: Reform Is On The Horizon, Mary Grace Miller May 2012

The Ncaa And The Student-Athlete: Reform Is On The Horizon, Mary Grace Miller

Law Student Publications

This comment examines the NCAA's rules and regulations of student-athletes and explores the possibility that the NCAA's existence, under its current bylaws and manual, is at least immoral and likely unlawful. Additionally, this comment analyzes the idea that the NCAA needs not only internal restructuring but judicial and possibly congressional intervention in order to truly protect young athletes' financial, academic, and basic human interests. Part II of this comment explores the historical development of the NCAA and the current relationship between the NCAA and the student-athlete. Part III discusses the fundamental unfairness in the NCAA's bylaws, which results in the …

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Copyright’S Creative Hierarchy In The Performing Arts, Michael W. Carroll May 2012

Copyright’S Creative Hierarchy In The Performing Arts, Michael W. Carroll

Scholarly Articles in Law Reviews & Journals

Copyright law grants authors certain rights of creative control over their works. This Article argues that these rights of creative control are too strong when applied to the performing arts because they fail to take account of the mutual dependence between writers and performers to fully realize the work in performance. This failure is particularly problematic in cases in which the author of a source work, such as a play or a choreographic work, imposes content-based restrictions on how a third party may render the work in performance. This Article then explores how Congress might craft a statutory license to …

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A Conversation On Nfl Diversity And Social Cohesion Initiatives, N. Jeremi Duru Apr 2012

A Conversation On Nfl Diversity And Social Cohesion Initiatives, N. Jeremi Duru

Presentations

No abstract provided.

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A Changing Game: The Inclusion Of Transsexual Athletes In The Sports Industry, Joseph Randall Apr 2012

A Changing Game: The Inclusion Of Transsexual Athletes In The Sports Industry, Joseph Randall

Pace Intellectual Property, Sports & Entertainment Law Forum

Joseph Randall explores the emerging trend in the sports industry towards the inclusion of transsexual athletes. He analyzes the impact of Renee Richards v. United States Tennis Association, the first case to speak on the legal rights of transsexual athletes, and then provides an overview of how the sports industry is gradually making it easier for transsexual athletes to compete in athletics. Randall ultimately concludes that in the interests of ethics and equality, the sports industry has a duty to afford all transsexual players an equal opportunity to play.

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For The Love Of The Name: Professional Athletes Seek Trademark Protection, Brett Harris Pavony, Jaia Thomas Apr 2012

For The Love Of The Name: Professional Athletes Seek Trademark Protection, Brett Harris Pavony, Jaia Thomas

Pace Intellectual Property, Sports & Entertainment Law Forum

Brett Pavony & Jaia Thomas wrote an article that explores the burgeoning relationship between professional sports and trademark law. After providing an overview of the various requirements outlined by the United States Patent and Trademark Office (USPTO), the article transitions into exploring the emerging trend of sports figures seeking federal trademark protection. Brett & Jaia blend their expertise and research to present an article that focuses on an analytical examination of professional athletes seeking trademark protection. The article also offers a glimpse into the future of intellectual property law as it pertains to professional athletes. As more and more athletes …

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Back On Track 2: The Principles Of Corrective Justice For Performance Enhancing Malpractice In Sports, Andrea Carska-Sheppard, Paul Weiler, Jim Medford Apr 2012

Back On Track 2: The Principles Of Corrective Justice For Performance Enhancing Malpractice In Sports, Andrea Carska-Sheppard, Paul Weiler, Jim Medford

Pace Intellectual Property, Sports & Entertainment Law Forum

The first version of this article appeared on the Social Science Research Network more than five years ago. At the time, Andrea Carska-Sheppard, Paul Weiler, and Jim Medford suggested an interdisciplinary debate to bring about solutions urgently needed in the area of performance enhancing malpractice in sports. This was before the Congressional investigations on steroid use, which brought public scrutiny to professional sports. While our society deals (with varying success) with other types of offenses by providing perpetrators with means of support and rehabilitation, we noted there is very little systematic support available to athletes who are suspended for performance …

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American Needle’S Progeny? Tennis And Antitrust, Ryan M. Rodenberg, Daniel Hauptman Apr 2012

American Needle’S Progeny? Tennis And Antitrust, Ryan M. Rodenberg, Daniel Hauptman

Pace Intellectual Property, Sports & Entertainment Law Forum

Decided in the shadow of the U.S. Supreme Court’s May 2010 decision in American Needle v. NFL, Ryan M. Rodenberg and Daniel Hauptman analyze Deutscher Tennis Bund v. ATP World Tour (hereinafter DTB v. ATP) and aim to explain its implications for individual sports (e.g. tennis and golf) and sport governance generally. Treatment is afforded to both the District Court’s jury verdict and the Third Circuit’s appellate decision in DTB v. ATP. Despite being the first federal appellate sports antitrust decision rendered following American Needle, this article concludes that DTB v. ATP should not be considered an …

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Sports In America, John D. Feerick Apr 2012

Sports In America, John D. Feerick

Pace Intellectual Property, Sports & Entertainment Law Forum

A speech written and delivered by Dean John Feerick on April 17, 2009 at the Fordham Law School Sports Law Symposium gives us an insightful look into what sports mean to the world around them. Dean Feerick has been involved first hand in a number of influential sports law decisions in his time as a practitioner and this speech serves as a reminder as to the meaningful role that sports play in each one of our lives. Feerick draws from life experiences of his own as well as that of colleagues and family members to observe the timeless and universal …

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Social Media In Sports: Can Professional Sports League Commissioners Punish 'Twackle Dummies'?, Daniel J. Friedman Apr 2012

Social Media In Sports: Can Professional Sports League Commissioners Punish 'Twackle Dummies'?, Daniel J. Friedman

Pace Intellectual Property, Sports & Entertainment Law Forum

Daniel J. Friedman writes an article discussing the rise and popularity in social media use by professional athletes. He then discusses some of the new problems that have arisen due to social media misuse and the power of the Commissioner to restrict and punish the players for misuse. The article culminates with a case study hypothetical related to content based social media misuse and whether the Commissioners of professional sports league can punish a player for the content of their social media messages.

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Football V. Football: A Comparison Of Agent Regulation In France’S Ligue 1 And The National Football League, Thomas A. Baker Iii, Darren A. Heitner, Jean Francois Brocard, Kevin K. Byon Apr 2012

Football V. Football: A Comparison Of Agent Regulation In France’S Ligue 1 And The National Football League, Thomas A. Baker Iii, Darren A. Heitner, Jean Francois Brocard, Kevin K. Byon

Pace Intellectual Property, Sports & Entertainment Law Forum

Baker, Heitner, Broçard and Byon, in their article Football v. Football, analyze agent regulation in the NFL and compare it to how agents are regulated in France for Ligue 1. The article begins with a brief discussion on the concept of a sports agency that includes analysis of governmental regulation of agency in both the United States and in France. The article continues by exploring how agents are regulated in their representation of the NFL and Ligue 1 football players. Subsequently the article concludes with a discussion that includes suggestions concerning future agent regulation for both the NFL and Ligue …

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Filling The Gap Between Morality And Jurisprudence: The Use Of Binding Arbitration To Resolve Claims Of Restitution Regarding Nazi-Stolen Art , Rebecca Keim Apr 2012

Filling The Gap Between Morality And Jurisprudence: The Use Of Binding Arbitration To Resolve Claims Of Restitution Regarding Nazi-Stolen Art , Rebecca Keim

Pepperdine Dispute Resolution Law Journal

Recognizing the gaps in existing legislation, this article will argue that disputes arising between claimants and museums regarding the repatriation of Nazi-looted artwork should be decided by binding arbitration rather than litigation. To facilitate such arbitration, international law should support the creation of an arbitration commission, which would provide the most efficient and consistent way to resolve claims. Moreover, a neutral forum with clear rules of law and procedure capable of resolving claims would not only be more fair to claimants, but also to museums and personal collectors. This article will first discuss the severity and magnitude of Nazi looting …

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Patron Data Privacy And Security In The Casino Industry: A Case For A U.S. Data Privacy Statute, Chandeni K. Gill Apr 2012

Patron Data Privacy And Security In The Casino Industry: A Case For A U.S. Data Privacy Statute, Chandeni K. Gill

UNLV Gaming Law Journal

This Note discusses the recent surge in patron data collected by casino player tracking systems and the increasing need to protect the confidentiality and security of patron Personally Identifiable Information (PII) through the implementation of federal privacy legislation. Part I discusses the rise of the casino player tracking database systems. Part II explains and defines PII. Part III outlines current U.S. privacy laws applicable to the casino industry, describes casino liability standards, and examines patron remedies for a potential breach in the security of patron PII. Part IV assesses the strengths and weaknesses of U.S. privacy laws applicable to the …

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The Brain Of The College Athlete, Geoffrey Rapp Apr 2012

The Brain Of The College Athlete, Geoffrey Rapp

DePaul Journal of Sports Law

No abstract provided.

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The Regulation Of Online Gaming Across Jurisdictions: Success, Standards And Stability, Peter Nelson Apr 2012

The Regulation Of Online Gaming Across Jurisdictions: Success, Standards And Stability, Peter Nelson

Political Science Theses and Capstones

In 2005 the gaming market was worth an estimated six billion dollars, half of that represented by online gambling revenues. However not all jurisdictions (countries) regulate the industry the same. Some jurisdictions allow the industry to flourish while some go as far as banning the industry all together. I gather data on all 75 global jurisdictions that have some form of online gaming. I analyze which regulations allow the industry to prosper while maintaining quality standards, and which regulations do not work. Preliminary analysis shows that the amount of years a country has allowed online gambling, as well as the …

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E-Incitement: A Framework For Regulating The Incitement Of Criminal Flash Mobs, Hannah Steinblatt Apr 2012

E-Incitement: A Framework For Regulating The Incitement Of Criminal Flash Mobs, Hannah Steinblatt

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Csi Las Vegas: Privacy, Policing, And Profiteering In Casino Structured Intelligence, Jessica D. Gabel Apr 2012

Csi Las Vegas: Privacy, Policing, And Profiteering In Casino Structured Intelligence, Jessica D. Gabel

UNLV Gaming Law Journal

This Article argues that the intricate, vast amounts of consumer information compiled through casino structured intelligence require greater protection and oversight in the contexts of both bankruptcy and law enforcement. Section II examines the various types of casino technology and information gathering that casinos perform. Section III considers the available protections of private information in terms of security breaches, law enforcement sharing, and sales in the context of a bankruptcy. Section IV discusses additional safeguards and ethical concerns that should be considered as casinos continue to increase their data mining efforts. Finally, Section V concludes that, minimally, consumers are entitled …

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The Effects Of Tribal Governments On Reservation Poverty Rates, Heather Raisch Apr 2012

The Effects Of Tribal Governments On Reservation Poverty Rates, Heather Raisch

Political Science Theses and Capstones

Poverty rates on Indian reservations are far higher than the national average. Since Tribal Governments have at least some control over these reservations, to what extent are they to blame for these higher than average poverty rates? I look at each reservation and their type of government, constitution, policies and demographics to analyze the causes of their poverty as it relates to tribal government. There are many other pieces of research that are similar to this, but none looking specifically at the overall effects the government has on its community. My hypothesis is that communities with higher poverty rates tend …

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The Great American Tax Novel, Lawrence Zelenak Apr 2012

The Great American Tax Novel, Lawrence Zelenak

Michigan Law Review

David Foster Wallace-author of the celebrated novel Infinite Jest and among the most acclaimed American fiction writers of his generation-killed himself in 2008 at the age of forty-six. He left in his office hundreds of pages of The Pale King, an unfinished novel set in the fictional Peoria, Illinois regional examination center ("REC") of the Internal Revenue Service ("IRS" or "the Service") in 1985. Although many chapters of the novel were seemingly complete, Wallace left no indication (other than what could be gleaned from the chapters themselves) of the order of the chapters (pp. vi-vii). Michael Pietsch, who had served …

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Facades Of Justice, Norman W. Spaulding Apr 2012

Facades Of Justice, Norman W. Spaulding

Michigan Law Review

Representing Justice is a book of encyclopedic proportions on the iconography of justice and the organization of space in which adjudication occurs. Professors Judith Resnik and Dennis Curtis have gathered a provocative array of images, ranging from the scales of the Babylonian god Shamash-"judge of heaven and earth"-on a 4,200-year-old seal (pp. 18- 19 & fig. 23), and a 600-year-old painting of Saint Michael weighing the souls at the Last Judgment with sword and scales in hand (p. 23 fig. 25) to the tiny Cook County Courthouse in Grand Marais, Minnesota, 110 miles north of Duluth (p. 372 fig. 226), …

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What's In A Name? Fred Goldman's Quest To Acquire O.J. Simpson's Right Of Publicity And The Suit's Implications For Celebrities, Laura Hock Mar 2012

What's In A Name? Fred Goldman's Quest To Acquire O.J. Simpson's Right Of Publicity And The Suit's Implications For Celebrities, Laura Hock

Pepperdine Law Review

No abstract provided.

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Copyright Arbitration Royalty Panels And The Webcasting Controversy: The Antithesis Of Good Alternative Dispute Resolution, Jeremy Delibero Mar 2012

Copyright Arbitration Royalty Panels And The Webcasting Controversy: The Antithesis Of Good Alternative Dispute Resolution, Jeremy Delibero

Pepperdine Dispute Resolution Law Journal

Music is becoming increasingly synonymous with big business and corporate influence. The advent of Internet radio and streaming webcasts are simply one example of this shift. Organizations such as the Radio Industry Association of America ("RIAA") have discovered a new way to receive royalties from the performance of musical works, and have fought vigorously to obtain favorable rates to achieve the maximum profit. On the other hand, small webcasters have fought equally hard to avoid these large rates. Although arguments for each side are equally persuasive, neither is persuasive enough to force a compromise. In attempting to solve these disputes, …

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