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Articles 4771 - 4800 of 7197

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

Booze, Drugs, And Rock & Roll: Crime During The College Years, Paul S. Gutman Oct 2003

Booze, Drugs, And Rock & Roll: Crime During The College Years, Paul S. Gutman

ExpressO

In this Article, the author examines the predilection of college and university students towards certain types of illegal behaviors. Specifically, the Article considers the widespread instances of drug use, under-age alcohol use, and "file-sharing" using Napster and its progeny. The Article's main focus is on why such illegal behaviors are rampant among college students who might otherwise be

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All The Lizards Stand And Say “Yes Yes Yes” : The Element Of Play In Legal Actions Against Animals And Inanimate Objects, Anna Pervukhin Oct 2003

All The Lizards Stand And Say “Yes Yes Yes” : The Element Of Play In Legal Actions Against Animals And Inanimate Objects, Anna Pervukhin

ExpressO

Legal actions against non-humans (whether animals or objects) were once widespread. They were viewed seriously and undoubtedly served important social functions. This article considers the possibility that some of these actions may have been playful as well. Certain aspects of legal actions against animals and objects-- occasional moments of levity, a preoccupation with formal rules, and a strong emphasis on imaginative transformation-- suggest that these actions had elements of play. The possibility is worth considering for two reasons. First, it may shed some light on a practice that has perplexed and disturbed commentators for centuries. Second, an examination of play …

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Reflections On Augusta: Judicial, Legislative And Economic Approaches To Private Race And Gender Consciousness, Scott R. Rosner Oct 2003

Reflections On Augusta: Judicial, Legislative And Economic Approaches To Private Race And Gender Consciousness, Scott R. Rosner

University of Michigan Journal of Law Reform

In light of the recent controversy surrounding Augusta National Golf Club's exclusionary membership policy, this Article highlights the myriad incentives and disincentives that Augusta and similar clubs have for reforming such policies. The author acknowledges the economic importance of club membership in many business communities and addresses the extent to which club members' claims of rights of privacy and free association are valid. The Article also considers the potential of judicial action in promoting the adoption of more inclusive membership policy; the state action doctrine and the First Amendment right to freedom of association are discussed as frameworks under which …

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Whose Music Is It Anyway?: How We Came To View Musical Expression As A Form Of Property -- Part I, Michael W. Carroll Sep 2003

Whose Music Is It Anyway?: How We Came To View Musical Expression As A Form Of Property -- Part I, Michael W. Carroll

Working Paper Series

Many participants in the music industry consider unauthorized downloading of music files over the Internet to be “theft” of their “property.” Many Internet users who exchange music files reject that characterization. Prompted by this dispute, this Article explores how those who create and distribute music first came to look upon music as their property and when in Western history the law first supported this view. By analyzing the economic and legal structures governing musicmaking in Western Europe from the classical period in Greece through the Renaissance, the Article shows that the law first granted some exclusive rights in the Middle …

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The Assumption Of Risk Doctrine, Liability-Limiting Statutes, And Skateboarding, David Amell Sep 2003

The Assumption Of Risk Doctrine, Liability-Limiting Statutes, And Skateboarding, David Amell

ExpressO

No abstract provided.

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The Secretary's Commission On Opportunity In Athletics Squandered Its Opportunity: Commercial College Sports And Why Title Ix Cannot Achieve Full Gender Equality Or Prevent The Elimination Of Minor Men's Teams, Suzanne Sangree Aug 2003

The Secretary's Commission On Opportunity In Athletics Squandered Its Opportunity: Commercial College Sports And Why Title Ix Cannot Achieve Full Gender Equality Or Prevent The Elimination Of Minor Men's Teams, Suzanne Sangree

ExpressO

The Department of Education recently announced that it would not revise the regulations which apply Title IX to athletics, thus rejecting the recommendations of its Commission on Opportunity in Athletics. The Commission’s recommendations would have drastically undercut Title IX’s efficacy and established a Bush Administration model for turning civil rights protections on their heads. Fortunately, the Administration heeded the public critique of the Commission’s recommendations and retreated from its previously stated intention to implement them. Instead, it reiterated its support for the principles of gender equality embodied in Title IX. We thus narrowly averted a civil rights disaster. The great …

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Racial Imagery And Native Americans: A First Look At The Empirical Evidence Behind The Indian Mascot Controversy, Gavin Clarkson Jul 2003

Racial Imagery And Native Americans: A First Look At The Empirical Evidence Behind The Indian Mascot Controversy, Gavin Clarkson

Cardozo Journal of International and Comparative Law

The article presents a nuanced approach to the controversy surrounding Native American mascots, advocating for a balance between eliminating offensive mascots and respecting tribal sovereignty. The author proposes that instead of a blanket ban, Native American tribes should have the authority to license their identities to schools, ensuring respectful and educational usage under tribal supervision. This approach leverages trademark law to allow tribes to control their representations, promoting accurate cultural portrayal and education.

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Defining Traditional Knowledge - Lessons From Cultural Property, Sarah Harding Jul 2003

Defining Traditional Knowledge - Lessons From Cultural Property, Sarah Harding

Cardozo Journal of International and Comparative Law

The article critiques the assumptions embedded in the terms "traditional" and "cultural" when applied to the property and knowledge of indigenous peoples, particularly Native Americans. It argues that these terms often reflect Western notions of authenticity, collectivity, and inalienability, which may not fully align with the lived experiences and evolving cultural practices of indigenous communities. The analysis emphasizes the need for flexibility in defining cultural property and traditional knowledge, as these concepts are shaped by historical colonization, sovereignty struggles, and contemporary political dynamics.

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Filled Milk, Footnote Four & The First Amendment: An Analysis Of The Preferred Position Of Speech After The Carolene Products Decision, Elizabeth Wallmeyer Jun 2003

Filled Milk, Footnote Four & The First Amendment: An Analysis Of The Preferred Position Of Speech After The Carolene Products Decision, Elizabeth Wallmeyer

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Press Rights In Peril: The Department Of Justice Infringes Upon Press Liberties By Conducting "Special Interest" Removal Proceedings, Gabriel S. Oberfield Jun 2003

Press Rights In Peril: The Department Of Justice Infringes Upon Press Liberties By Conducting "Special Interest" Removal Proceedings, Gabriel S. Oberfield

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Victor’S Little Secret: Supreme Court Decision Means More Protection For Trademark Parody, Jordan M. Blanke Jun 2003

Victor’S Little Secret: Supreme Court Decision Means More Protection For Trademark Parody, Jordan M. Blanke

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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C’Est What? Saisie! A Comparison Of Patent Infringement Remedies Among The G7 Economic Nations, Larry Coury Jun 2003

C’Est What? Saisie! A Comparison Of Patent Infringement Remedies Among The G7 Economic Nations, Larry Coury

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Foreword: "Just Do It!": Title Ix As A Threat To University Autonomy, Richard A. Epstein May 2003

Foreword: "Just Do It!": Title Ix As A Threat To University Autonomy, Richard A. Epstein

Michigan Law Review

For a short time I was stymied to identify a suitable theme for the Foreword to the 2003 Survey of Books in the Michigan Law Review. The task is surely a daunting one, because it is never possible to write a Foreword that offers the reader a Cook's Tour of the many distinguished offerings reviewed in its pages. Therefore I hope to link one broad theme to one narrow topic, knowing that at first it may look as though they have little in common. In taking this approach, I prefer dangerous shoals to well-marked channels. I shall therefore begin with …

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The Heroes Of The First Amendment, Frederick Schauer May 2003

The Heroes Of The First Amendment, Frederick Schauer

Michigan Law Review

In 1950, Felix Frankfurter famously observed that "[i)t is a fair summary of history to say that the safeguards of liberty have frequently been forged in controversies involving not very nice people." The circumstances of Justice Frankfurter's observation were hardly atypical, for his opinion arose in a Fourth Amendment case involving a man plainly guilty of the crime with which he had been charged - fraudulently altering postage stamps in order to make relatively ordinary ones especially valuable for collectors. Indeed, Fourth Amendment cases typically present the phenomenon that Frankfurter pithily identified, for most of the people injured by an …

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I Say It's Spinach: Charitable Trusts To Remedy Market Failures In The Performing Arts, Jeffrey G. Sherman Mar 2003

I Say It's Spinach: Charitable Trusts To Remedy Market Failures In The Performing Arts, Jeffrey G. Sherman

All Faculty Scholarship

No abstract provided.

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Festering Questions After Festo, Harold C. Wegner Mar 2003

Festering Questions After Festo, Harold C. Wegner

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Advancing Science While Protecting Developing Countries From Exloitation Of Their Resources And Knowledge, Elizabeth Longacre Mar 2003

Advancing Science While Protecting Developing Countries From Exloitation Of Their Resources And Knowledge, Elizabeth Longacre

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Panel Ii: Mickey Mice? Potential Ramifications Of Eldred V. Ashcroft, David O. Carson, Eben Moglen, Wendy Seltzer, Charles Sims Mar 2003

Panel Ii: Mickey Mice? Potential Ramifications Of Eldred V. Ashcroft, David O. Carson, Eben Moglen, Wendy Seltzer, Charles Sims

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Panel Iii: Www.Thegovernmenthasdecideditisinyour(Read:Our)Bestinterestsnottoviewthis.Com: Should The First Amendment Ever Come Second?, Ann Beeson, Jacob M. Lewis, Charles Sims, Lee Tien Mar 2003

Panel Iii: Www.Thegovernmenthasdecideditisinyour(Read:Our)Bestinterestsnottoviewthis.Com: Should The First Amendment Ever Come Second?, Ann Beeson, Jacob M. Lewis, Charles Sims, Lee Tien

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Panel I: The End Of Equivalents? Examining The Fallout From Festo, J. Michael Jakes, Herbert Michael Schwartz, Harold C. Wegner Mar 2003

Panel I: The End Of Equivalents? Examining The Fallout From Festo, J. Michael Jakes, Herbert Michael Schwartz, Harold C. Wegner

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Internet Killed The Video Star: How In-House Internet Distribution Will Affect Profit Participants , Konrad Gatien Mar 2003

Internet Killed The Video Star: How In-House Internet Distribution Will Affect Profit Participants , Konrad Gatien

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Jazz Photo And The Doctrine Of Patent Exhaustion: Implications To Trips And International Harmonization Of Patent Protection, Daniel Erlikman Jan 2003

Jazz Photo And The Doctrine Of Patent Exhaustion: Implications To Trips And International Harmonization Of Patent Protection, Daniel Erlikman

UC Law SF Communications and Entertainment Journal

The doctrine of patent exhaustion prevents the patent owner from controlling the further destiny of the patented invention once the owner authorized the first sale or use of the product in the marketplace. In recent years, the United States Court of Appeals for the Federal Circuit advanced a modified rule of exhaustion, which permits the U.S. patent holder to contractually restrict the first purchaser's subsequent re-use or re-sale of the product. The recent Jazz Photo decision is a controversial and unjustified switch from existing U.S. jurisprudence in the field of patent exhaustion and parallel imports. By applying a territorial rule …

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The Biology Of The Broadcast Flag, Susan P. Crawford Jan 2003

The Biology Of The Broadcast Flag, Susan P. Crawford

UC Law SF Communications and Entertainment Journal

The Motion Picture Association of America (MPAA) and its content affiliates would like all consumer electronics and information technology companies to innovate "according to the rules." The arguments made by the MPAA and its content colleagues in support of national (and, eventually, global) control over the functionality of the devices that manipulate content are fundamentally troubling for the future of innovation and the future of law itself. But the content industry has hit on a very important way of thinking about law. We should pay attention to the evolutionary ecosystem of the law as the background medium in which innovation …

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Considerations On The Emerging Implementation Of Biometric Technology, Robin Feldman Jan 2003

Considerations On The Emerging Implementation Of Biometric Technology, Robin Feldman

UC Law SF Communications and Entertainment Journal

The United States is embarking on widespread implementation of biometric technology, which uses automated methods to identify people based on their physiological and behavioral characteristics. Regardless of how much we invest in establishing standards for reliability of the technology and protections of the data, no system will be foolproof. Biometric determinations will be subject to mistakes, fraud, and abuse through human and technological error, both intentional and inadvertent. We should, therefore, take this opportunity to develop methods for individuals to review and challenge biometric determinations. In particular, this article suggests a doctrinal framework for challenging biometric determinations made by administrative …

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Popov V. Hayashi, A Modern Day Pierson V. Post: A Comment On What The Court Should Have Done With The Seventy-Third Home Run Baseball Hit By Barry Bonds, Patrick Stoklas Jan 2003

Popov V. Hayashi, A Modern Day Pierson V. Post: A Comment On What The Court Should Have Done With The Seventy-Third Home Run Baseball Hit By Barry Bonds, Patrick Stoklas

Loyola University Chicago Law Journal

No abstract provided.

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Copy Protection Of Cds: The Recording Industry's Latest Attempt At Preventing The Unauthorized Digital Distribution Of Music, 21 J. Marshall J. Computer & Info. L. 241 (2003), Amy K. Jensen Jan 2003

Copy Protection Of Cds: The Recording Industry's Latest Attempt At Preventing The Unauthorized Digital Distribution Of Music, 21 J. Marshall J. Computer & Info. L. 241 (2003), Amy K. Jensen

UIC John Marshall Journal of Information Technology & Privacy Law

This comment focuses on the need of the music industry to control the use and digital distribution of music. The author also addresses the privacy issues that arise through the various methods the music industry implements in order to control the unauthorized distribution of digital music via computer technology. The author particularly addresses the privacy issues that arise with the use of undetectable signals that send information about a consumer’s use of that Compact Disc over computer lines, all unbeknownst and unauthorized by the consumer.

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The Perils Of Telemarketing Under The Telephone Consumer Protection Act Sending Unsolicited Faxes Costs Dallas Cowboys $1.73 Million, Leaves Dallas Mavericks Under Full Court Pressure, Paul J. Batista Jan 2003

The Perils Of Telemarketing Under The Telephone Consumer Protection Act Sending Unsolicited Faxes Costs Dallas Cowboys $1.73 Million, Leaves Dallas Mavericks Under Full Court Pressure, Paul J. Batista

UC Law SF Communications and Entertainment Journal

In 1991, Congress passed the Telephone Consumer Protection Act (TCPA) to "protect the privacy interests" of outraged constituents who received annoying phone calls from telemarketers. The Act prohibits sending unsolicited faxes to unwilling recipients, and creates fines up to $1,500 for each individual fax. The Dallas Mavericks have been sued under the Act, creating potential liability of $135 million. Fax broadcasters have unsuccessfully challenged the Act under the First and Fifth Amendments. The Act grants jurisdiction to individual state courts, and a Georgia case has resulted in a final judgment of $11,899,000.

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How To Constitutionally Protect Against Virtual Child Pornography, Emanuel Shiarzi Jan 2003

How To Constitutionally Protect Against Virtual Child Pornography, Emanuel Shiarzi

UC Law SF Communications and Entertainment Journal

The improvement of computer graphics and its resulting burden on prosecuting real child pornography led Congress to pass the Child Pornography Prevention Act (CPPA) of 1996. However, in addition to prohibiting virtual child pornography the CPPA banned many other areas of protected speech and was held unconstitutional in 2002. This article gives an overview of the First Amendment concerns of future virtual child pornography laws, the laws currently being proposed in Congress, and then proposes its own constitutional virtual child pornography law.

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China And The Prior Consent Requirement: A Decade Of Invasion And Counter-Invasion By Transfrontier Satellite Television, Mei Ning Yan Jan 2003

China And The Prior Consent Requirement: A Decade Of Invasion And Counter-Invasion By Transfrontier Satellite Television, Mei Ning Yan

UC Law SF Communications and Entertainment Journal

This paper examines and analyzes why the majority of television viewers in China can only have access to domestic television at the beginning of the 21st century, despite direct broadcasting by satellite, which respects no national borders being widely employed in Asia for a decade. By applying national broadcasting rules, this paper argues, the Chinese authorities have successfully given effect to the "prior consent requirement," a concept which was fiercely debated in the international arena and has supposedly long been discarded because of disagreement among nations and technological advances.

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Missing The Target: How Performance-Enhancing Drugs Go Unnoticed And Endanger The Lives Of Athletes, E. Tim Walker Jan 2003

Missing The Target: How Performance-Enhancing Drugs Go Unnoticed And Endanger The Lives Of Athletes, E. Tim Walker

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

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