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Articles 3211 - 3240 of 7197

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

Keeping Score: How Universities Can Comply With Title Ix Without Eliminating Men's Collegiate Athletics Programs, Patrick J. Mcandrews Mar 2012

Keeping Score: How Universities Can Comply With Title Ix Without Eliminating Men's Collegiate Athletics Programs, Patrick J. Mcandrews

Brigham Young University Education and Law Journal

No abstract provided.

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Collective Bargaining Agreements In Professional Sports: The Proper Forum For Establishing Performance-Enhancing Drug Testing Policies, David M. Washutka Feb 2012

Collective Bargaining Agreements In Professional Sports: The Proper Forum For Establishing Performance-Enhancing Drug Testing Policies, David M. Washutka

Pepperdine Dispute Resolution Law Journal

The intrusive nature of drug testing implicates the concern over a person's right to privacy. Currently, Congress has proposed legislation which would establish minimum drug testing requirements in professional sports. This legislation is a reaction to suspicions and investigations surrounding Major League Baseball players and the use of performance enhancing drugs. Federally mandated drug testing would raise constitutional issues regarding the players' rights against mandatory drug testing. These concerns could be avoided if drug testing policies are implemented through a collective bargaining agreement, negotiated and agreed upon between the leagues and their players associations. Thus, as previously asserted, collective bargaining …

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Victorious Youth In Peril: Analyzing Arguments Used In Cultural Property Disputes To Resolve The Case Of The Getty Bronze, Alexander Mackintosh Ritchie Feb 2012

Victorious Youth In Peril: Analyzing Arguments Used In Cultural Property Disputes To Resolve The Case Of The Getty Bronze, Alexander Mackintosh Ritchie

Pepperdine Dispute Resolution Law Journal

There has been a great deal of press in the recent years concerning the illegal exportation of cultural objects, their illicit sale to museums and private collectors, and the arguments that would compel either the return or restitution of such objects. This article will offer an introduction to this area including the current law and arguments by focusing the dispute surrounding a tremendous cultural asset, currently owned and residing in the United States-the Getty Bronze. The status of the statue is in question because the Italian authorities are claiming that the statue was illegally exported and, therefore, could not be …

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The Future Of Sports Dispute Resolution, Michael Lenard Feb 2012

The Future Of Sports Dispute Resolution, Michael Lenard

Pepperdine Dispute Resolution Law Journal

Michael Lenard, a member of the International Council of Arbitration for Sport (ICAS), provides his outlook on where sports dispute resolution is headed.

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From The Trenches: The Landscape Of Sports Dispute Resolution And Athlete Representation, John Ruger Feb 2012

From The Trenches: The Landscape Of Sports Dispute Resolution And Athlete Representation, John Ruger

Pepperdine Dispute Resolution Law Journal

The Act that gave the Olympic Committee its authority is the Ted Steven's Olympic and Amateur Sports Act. It was first passed in 1978 under the tutelage of Senator Stevens of Alaska. It was updated in 1998, and in the update there was a passage added regarding the creation of the position of athlete ombudsman. One of the primary authors of that actual language is Mr. Benz, who was, at the time, at the USOC. President Clinton signed the bill into law in October 1998 with a funding bill. I am the only one to have ever held this position, …

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Common Issues In International Sports Arbitration, Jeffrey Benz Feb 2012

Common Issues In International Sports Arbitration, Jeffrey Benz

Pepperdine Dispute Resolution Law Journal

Jeffrey Benz discusses his experience as a Court of Arbtration for Sport (CAS) Arbitrator and former US Olympic Committee General Counsel.

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The Beijing Summer Olympic Games: Decisions From The Cas And Ioc, Richard H. Mclaren, Geoff Cowper-Smith Feb 2012

The Beijing Summer Olympic Games: Decisions From The Cas And Ioc, Richard H. Mclaren, Geoff Cowper-Smith

Pepperdine Dispute Resolution Law Journal

This article reviews the Beijing Olympic Games cases heard by the Court of Arbitration for Sport (CAS) Appeal Division before and after the Olympic Games and the Ad-hoc Division (AHD) in Beijing, together with pertinent IOC Executive Board doping and disciplinary decisions. The discussion is in chronological order dealing first with Olympic-related cases that were heard by the ordinary and appeal divisions in Lausanne prior to the AHD taking jurisdiction of Olympic matters. Those cases are followed by appeals heard by the appeal division while the AHD took jurisdiction over Olympic matters in Beijing. A discussion of the decisions made …

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Lessons From Usada V. Jenkins: You Can't Win When You Beat A Monopoly , Michael S. Straubel Feb 2012

Lessons From Usada V. Jenkins: You Can't Win When You Beat A Monopoly , Michael S. Straubel

Pepperdine Dispute Resolution Law Journal

According to the reporters who wanted to speak with LaTasha Jenkins, she was the first athlete in the seven-year history of the United States Anti-Doping Agency (USADA) to win and clear herself of doping charges. USADA's record was now thirty-seven and one. Remarkably, the flawless record was beaten by a group of third year law students and their professor. But LaTasha did not want to speak with the reporters. To LaTasha, she had not won. She had been dragged through the mud, her career had been ended, and she was emotionally exhausted. Talking to reporters would only remind her of …

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Doping Control, Mandatory Arbitration, And Process Dangers For Accused Athletes In International Sports , Maureen A. Weston Feb 2012

Doping Control, Mandatory Arbitration, And Process Dangers For Accused Athletes In International Sports , Maureen A. Weston

Pepperdine Dispute Resolution Law Journal

Athletes in a professional sports league in the United States are members of players unions, which assist their athletes in obtaining representation when they are involved in dispute resolution proceedings associated with disciplinary actions. However, individual athletes who participate in international competitions do not enjoy the same benefits. When these athletes are required to submit to mandatory drug testing, with attendant potential criminal liability, and to mandatory arbitration, they should be provided meaningful access to competent legal representation when their athletic careers are in jeopardy. This article considers the legal framework, process, and recourse for athletes in international competition to …

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Judicial Review Of Olympic And International Sports Arbitration Awards: Trends And Observations , Matthew J. Mitten Feb 2012

Judicial Review Of Olympic And International Sports Arbitration Awards: Trends And Observations , Matthew J. Mitten

Pepperdine Dispute Resolution Law Journal

This article provides an overview of the nature and scope of judicial review of Olympic and international sports arbitration awards, primarily those rendered by the Court of Arbitration for Sport (based in Lausanne, Switzerland) and their review by the Swiss Federal Tribunal pursuant to the Swiss Federal Code on Private International Law. It also describes and compares U.S. courts' review of international sports arbitration awards pursuant to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards as well as domestic sports arbitration awards. Both Swiss and U.S. courts are permitting CAS arbitration awards to establish a …

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Foreword, Carey J. Prill Feb 2012

Foreword, Carey J. Prill

Pepperdine Dispute Resolution Law Journal

The Symposium entitled Arbitrating Sports: Reflections on USADA/Landis, the Olympic Games, and the Future of International Sports Dispute Resolution was held at Pepperdine University School of Law on February 27, 2009, under the joint sponsorship of the Straus Institute for Dispute Resolution and the Pepperdine Dispute Resolution Law Journal. It brought together a distinguished panel of speakers, comprised of arbitrators, lawyers, scholars, and members of the press. This special symposium issue of the Journal is comprised of several papers and lectures presented at the event, which reflect important issues in sports arbitration.

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Check-In, Attendees Of The Symposium Feb 2012

Check-In, Attendees Of The Symposium

NJTIP Annual Symposium

Check-in for the Northwestern Journal of Technology and Intellectual Property's 7th Annual Symposium

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"Mortal [K]Ombat In Cleats": An Examination Of The Effectiveness Of The National Football League's Disability Plan And Its Impact On Retired Players, Brett Edwin Lovellette Feb 2012

"Mortal [K]Ombat In Cleats": An Examination Of The Effectiveness Of The National Football League's Disability Plan And Its Impact On Retired Players, Brett Edwin Lovellette

Pepperdine Law Review

No abstract provided.

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Can Copyright Law Perform The Perfect Fouetté?: Keeping Law And Choreography On Balance To Achieve The Purposes Of The Copyright Clause, Katie M. Benton Feb 2012

Can Copyright Law Perform The Perfect Fouetté?: Keeping Law And Choreography On Balance To Achieve The Purposes Of The Copyright Clause, Katie M. Benton

Pepperdine Law Review

No abstract provided.

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Moral Rights Of Composers: The Protection Of Attribution And Integrity Available To Musicians In The European Union And The United States, Tanja Makovec Petrik Feb 2012

Moral Rights Of Composers: The Protection Of Attribution And Integrity Available To Musicians In The European Union And The United States, Tanja Makovec Petrik

Fordham Intellectual Property, Media and Entertainment Law Journal

The purpose of this paper is to illustrate the approaches taken in the European Union and the United States to protect moral rights of musicians, specifically the right of integrity, and to give a sense of a possible future trend in the development of this issue. Currently, the United States protects an author’s right of integrity through other legal frameworks, like contract law or defamation, but does not expressly recognize moral rights. This paper proposes that the United States adopt a middle ground approach, like that taken by the United Kingdom, and provide limited, but explicit, moral rights protection to …

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Playing By Market Rules: Anti-Doping Policy In The European Union, Kayla Mcculley Feb 2012

Playing By Market Rules: Anti-Doping Policy In The European Union, Kayla Mcculley

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.

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Theorizing The Odds: The European Union, Online Gambling Regulation And Integration Theory, Alexis Spencer-Notabartolo Feb 2012

Theorizing The Odds: The European Union, Online Gambling Regulation And Integration Theory, Alexis Spencer-Notabartolo

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.

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Milwaukee Brewers Arbitration Hearings Chart, Edmund P. Edmonds Feb 2012

Milwaukee Brewers Arbitration Hearings Chart, Edmund P. Edmonds

Team Hearing Charts

No abstract provided.

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Brewers Players Arbitration Results, Edmund P. Edmonds Feb 2012

Brewers Players Arbitration Results, Edmund P. Edmonds

Team - Player Results

No abstract provided.

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On Equal Footing: Does Accommodating Athletes With Disabilities Destroy The Competitive Playing Field Or Level It?, Sarah J. Wild Feb 2012

On Equal Footing: Does Accommodating Athletes With Disabilities Destroy The Competitive Playing Field Or Level It?, Sarah J. Wild

Pepperdine Law Review

No abstract provided.

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Mlb Minimum And Average Salaries 1967-2012, Edmund P. Edmonds Feb 2012

Mlb Minimum And Average Salaries 1967-2012, Edmund P. Edmonds

Minimum and Average Salaries

No abstract provided.

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Deconceptualizing Artists' Rights, Steven G. Gey Feb 2012

Deconceptualizing Artists' Rights, Steven G. Gey

San Diego Law Review

During the last three decades, visual artists and their supporters have convinced several states and the federal government to enact legislation protecting the moral rights of artists. This effort culminated in the federal government’s enactment of the Visual Artists Rights Act of 1990. These statutes protect various aspects of art, including most importantly artistic integrity, which gives artists the right to prevent the intentional distortion, mutilation, or other modification of an artistic work if the modification would damage the artist’s reputation. These statutes have recently come under attack, surprisingly, from within the art community itself. Professor Amy Adler recently published …

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Notice: Albums Are Dead - Sell Singles, Brian P. Nestor Jan 2012

Notice: Albums Are Dead - Sell Singles, Brian P. Nestor

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

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Third And Extremely Long: Why The Elimination Of The Bcs Seems All But Impossible, Brad Taconi Jan 2012

Third And Extremely Long: Why The Elimination Of The Bcs Seems All But Impossible, Brad Taconi

The Journal of Business, Entrepreneurship & the Law

On January 8, 2009, the University of Florida Gators defeated the University of Oklahoma Sooners in Miami, Florida to win the Bowl Championship Series (“BCS”) Championship Game. As a result of their victory, the Gators were named the Associated Press National Champions after capturing forty eight out of a possible sixty five first place votes. The win on the football field gave the Gators their second national championship in three seasons, but it also reignited a debate about the inherent fairness of the BCS system: whether the BCS violates antitrust law, and whether the federal government should interject and force …

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International Media Pirates: Are They Making The Entertainment Industry Walk The Plank?, Lavonne Burke Jan 2012

International Media Pirates: Are They Making The Entertainment Industry Walk The Plank?, Lavonne Burke

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

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And Justice For . . . : An Analysis Of Digital Music, Fair Use And Audience Rights, Christopher Cunico Jan 2012

And Justice For . . . : An Analysis Of Digital Music, Fair Use And Audience Rights, Christopher Cunico

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

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Shutting Down The Offense: Why The Supreme Court Should Designate The Nfl A Single Entity For Antitrust Purposes, Peter R. Morrison Jan 2012

Shutting Down The Offense: Why The Supreme Court Should Designate The Nfl A Single Entity For Antitrust Purposes, Peter R. Morrison

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

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The Moral Rights Act Of 2007: Finding The Melody In The Music, Aurele Danoff Jan 2012

The Moral Rights Act Of 2007: Finding The Melody In The Music, Aurele Danoff

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

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Competitive Entertainment: Implications Of The Nfl Lockout Litigation For Sports, Theatre, Music, And Video Entertainment, Henry H. Perritt Jr. Jan 2012

Competitive Entertainment: Implications Of The Nfl Lockout Litigation For Sports, Theatre, Music, And Video Entertainment, Henry H. Perritt Jr.

All Faculty Scholarship

The 2011 NFL lockout reveals profound changes in the labor and product markets for the entire entertainment industry, driven by a revolution in technology. This article explores the revolution in the professional sports, theatre, and movie-making industries and concludes that it is fragmenting production, blurring the boundaries between labor markets and product markets, and introducing new forms of competition. As a result, the labor exemptions to the antitrust laws, which featured prominently in the NFL controversy are becoming less relevant, shifting the law's policing of competition to antitrust rule-of-reason analysis, where counterpoises such as labor unions are inactive, and making …

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Arthur Soden's Legacy: The Origins And Early History Of Baseball's Reserve System, Edmund P. Edmonds Jan 2012

Arthur Soden's Legacy: The Origins And Early History Of Baseball's Reserve System, Edmund P. Edmonds

Writings

The article focuses on the nineteenth century evolution of the U.S. baseball reserves system. It mentions that the early history of the reserve clause establishes a relationship with sports collective bargaining agreements. It notes that its basic structure stems from a dispute between Boston owner Arthur Soden and baseball players James O'Rourke and George Wright. It also emphasizes on discipline imposed to the players who abandon their contracts to seek higher salaries from a different team.

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