Entertainment, Arts, and Sports Law Commons^™

Roundtable Panel I: Database Protection, Robert Eisenbach, Lisa Ferri, Robert Gibbons, Charles Sims

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Welcome 2001 Symposium – Fair Use, Public Domain Or Piracy… Should The Digital Exchange Of Copyrighted Works Be Permitted Or Prevented?, Christopher Pennisi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Introduction To Keynote Address, John D. Feerick

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Application Of The Essential Facilities Doctrine To Intellectual Property Licensing In The European Union And The United States: Are Intellectual Property Rights Still Sacrosanct?, Sergio Baches Opi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Roundtable Panel Ii: Digital Video, Andrew Appel, Jeffrey Cunard, Martin Garbus, Edward Hernstadt

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Keynote Address Digital Technology And Digital Piracy Issues, Jesse Feder

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Law As Craft, Brett G. Scharffs

Vanderbilt Law Review

This Article explores the similarities between the law and other craft traditions, such as carpentry, pottery, and quilting. Its thesis is that law--and in particular adjudiction---combine elements of what Aristotle described as practical wisdom, or phronesis, and craft, or techne. Craft knowledge is learned practically through experience and demonstrated through practice, and is contrasted with other concepts, including art, science, mass production, craftiness, and hobby. Crafts are characterized by four simutaneous identities. First, crafts are made by hand-one at a time-and require not only talent and skill, but also experience and what Karl Llewellyn called "situation sense." Second, crafts are …

Kosovo Myths: Karadzic, Njegos, And The Transformation Of Serb Memory, Alexander K.A. Greenawalt

Elisabeth Haub School of Law Faculty Publications

This brief sketch of the Kosovo myth and its legacy allows one to see how the legend has played such a central role in the popular imagination of the Balkans. In its broader implications, the myth has figured in the debate concerning the origins of national identity. Observing that "the Kosovo battle became an ineradicable part of Serbian history immediately after 1389” and "inspired the greatest cycle of Serbian epic poetry, which was full of hope for the final victory and deliverance,” Aleksa Djilas has thereby argued that "the nineteenth century only revolutionized national identities already formed by language, culture, …

Digital Music Distribution Via The Internet: Is It A Plantinum Idea Or A One Hit Wonder, L. Kevin Levine

West Virginia Law Review

No abstract provided.

The Sixth Circuit Dropped The Ball: An Analysis Of Brentwood Academy V. Tennessee Secondary School Athletic Ass'n In Light Of The Supreme Court's Recent Trends In State Action Jurisprudence, Josiah N. Drew

BYU Law Review

No abstract provided.

Applying A Legal Matrix To The World Of Sports, Elsa Kircher Cole

Michigan Law Review

The intensity of fans' love for sports is no modern phenomenon. In ancient Rome, fierce rivalries existed between fans of the Red, Green, Blue, and White factions in chariot racing. Even emperors had their favorites. A foul in a race by a member of one faction could spark a riot in the stands. Winning charioteers would have their busts displayed in public places and were paid salaries far beyond that of the average citizen. Juvenal complained in his Satires that a chariot driver might earn 100 times more than a lawyer! The best drivers even achieved free agency and could …

College Sports Wagering: A Case Study About Gambling On College Athletics And The Motivations And Consequences Surrounding Legislation Wanting To Ban Wagering On College Sports, Neil H. Huffey

UNLV Theses, Dissertations, Professional Papers, and Capstones

Sports wagering is the largest form of gambling in the world. In the United States, the practice is largely illegal. Nonetheless, it has sustained incredible growth both legally and illegally throughout the twentieth century. Current legislation in Congress would revise a 1992 federal law that banned legal sports wagering in this country with the exemption of four particular states, Nevada included. The state of Nevada is the only place in which wagering on college sports is legally practiced. The State of Oregon runs a small sports betting game out if its lottery. Proponents of the legislation suggest that passage is …

2001 Panel In Trademark Law – I’Ll See Your Twodiscussion On Current Issues Pesos And Raise You . . . Two Pesos, Wal-Mart . . . And Traffix: Where Is U.S. Supreme Court Jurisprudence Heading, And How Will It Affect Trademark Practitioners?, Hugh Hansen, Glenn Mitchell, Inna Fayenson, Perry Saidman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

A Rule For Determining When Patent Misuse Should Be Applied, Katherine E. White

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Intellectual Property Rights In The Middle East: A Cultural Perspective, John Carroll

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

More On Moore: A Novel Strategy For Compensating The Human Sources Of Patentable Cell-Line Inventions Based On Existing Law, Christopher Scott Pennisi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

From Inequity To Opportunity: Keeping Promises Made To Big-Time Intercollegiate Student-Athletes, Rodney K. Smith, Robert D. Walker

Nevada Law Journal

No abstract provided.

A Balance Of Interests: The Concordance Of Copyright Law And Moral Rights In The Worldwide Economy, Michael B. Gunlicks

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Giving The Green Light To Silicon Alley Employees: No-Compete Agreements Between Internet Companies And Employees Under New York Law , Dan Messeloff

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Baseball And Antitrust: The Legislative History Of The Curt Flood Act Of 1998, Edmund P. Edmonds, William H. Manz

Writings

No abstract provided.

Vote-Swapping Over The Internet: Free Speech Or Voter Corruption, Jesse Sisgold

UC Law SF Communications and Entertainment Journal

In Fall 2000, the electoral process and high technology collided in creating an 'update' to the Electoral College. From the slew of websites.

Hung Out To Dry: Clothing Design Protection Pitfalls In United States Law, Anne Theodore Briggs

UC Law SF Communications and Entertainment Journal

The United States' trend toward longer, stronger intellectual property protection has failed to include protection for clothing design. The design of clothing itself lacks protection, while the surface decoration, fabric design, and labels are protected. This article examines current United States intellectual property law and its shortcomings, while discussing why enactment of design legislation fails. The author argues that passage of clothing design protection laws would benefit both United States consumers and clothing designers.

The Irony Of News Coverage: How The Media Harm Their Own First Amendment Rights, Clay Calvert, Robert D. Richards

UC Law SF Communications and Entertainment Journal

This article argues that the First Amendment protection provided to the news media today actually may be harming -- unjustifiably and unnecessarily -- the scope of First Amendment protection given to other sectors of the media, most notably, the Hollywood entertainment industry and non-mainstream journalists. Using the death of Princess Diana and the school shootings at Columbine High School to illustrate a seven-step process that the authors assert gives rise to this disturbing irony, the article contends that high-profile journalistic coverage of these events produced false public perceptions of reality and media culpability - a false perception that the paparazzi …

Regulating Sexual Images On The Web: Last Call For Miller Time, But New Issues Remain Untapped, Clay Calvert

UC Law SF Communications and Entertainment Journal

The article suggests that the test for obscene speech under the Miller case should be abandoned because the new technologies and innovations of the World Wide Web present significant difficulties in apply the test in its traditional form. The author recommends alternatives, which would alleviate the problems of applying the Miller test to the Internet. First, he advocates adopting a national community standard. Second, he suggests that a "Web-specific test for obscenity" be created. Part I of the article examines the first high profile case, which exposed the flaws in applying the Miller test to the Internet. Part II discusses …

A Code Of One's Own, Joseph P. Tomain

Faculty Articles and Other Publications

A Code of One's Own is an essay exploring the idea that we can learn about professionalism by reflecting on the humanities. The paper is modeled on Virginia Woolf's A Room of One's Own which is a series of lectures in six chapters. The essay uses those chapters to develop the idea that lawyers, through self-reflection and observation, can develop a professional code of their own. The paper was developed through co-teaching a course entitled, Law in Literature and Philosophy as well as by attending the Aspen Institute and the Glenmoor Institute of Justice for the Legal Profession, which are …

Arbitration Of Olympic Eligibility Disputes: Fair Play And The Right To Be Heard, Jay E. Grenig

Marquette Sports Law Review

No abstract provided.

The Future Of The Concurrent Use Of Trademarks Doctrine In The Information Age, David S. Barrett

UC Law SF Communications and Entertainment Journal

This article focuses on the concurrent use doctrine of trademarks. This doctrine allows different owners to use the same or similar trademarks in business if (1) the junior use is geographically remote to the senior use and (2) the trademark was adopted in good faith. The second element is interpreted differently, with a shrinking minority requiring no actual knowledge and the minority requiring no intent of the junior user to imply his goods are those of the senior user.

The author argues that the internet revolution has created substantial problems with the concurrent use doctrine. The first major issue is …

Fashion Runways Are No Longer The Public Domain: Applying The Common Law Right Of Publicity To Haute Couture Fashion Design, Samantha L. Hetherington

UC Law SF Communications and Entertainment Journal

Under present United States intellectual property law, clothing design is not protected by federal copyright, trademark/trade dress, or patent law. In fact, design piracy is sanctioned, if not encouraged. This article analyzes current intellectual property law and its failure to afford protection for clothing design. The author proposes that the doctrine of the right of publicity or personality could be applied to haute couture.

From The Editor, David W. Dulabon

Vanderbilt Journal of Entertainment & Technology Law

In this issue, the Vanderbilt Journal of Entertainment Law & Practice (JELP) explores two such themes. In the Film/TV section, we present views on the degree to which First Amendment protection extends to expression that arguably entails a negative influence on some audiences. In the Music section, we are pleased to offer two variations on a common theme, in the form of two accounts of the copyright law's reaction to advances in technology. Accompanying these recurrent themes are those of our own, as sections dealing with the Internet and Sports round out this, our fifth issue.

Forming A Single Entity: A Recipe For Success For New Professional Sports Leagues, Karen Jordan

Vanderbilt Journal of Entertainment & Technology Law

This Note begins by introducing some of the more recently founded professional sports leagues, identifying their background and single-entity structures. It then provides a general background of antitrust issues in sports, followed by explanations of the possible defenses, including the single-entity structure. Next, it discusses Fraser as a potential landmark case for professional sports leagues, showing how its lessons contribute to the current mode of antitrust analysis. Finally, this Note illustrates why single-entity structuring may be essential for leagues in their infancy, but of little use to well-established professional sports leagues.