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Articles 5371 - 5400 of 7197

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

Zoning Restrictions On Location Of Adult Businesses, Alan C. Weinstein Jan 1999

Zoning Restrictions On Location Of Adult Businesses, Alan C. Weinstein

All Maxine Goodman Levin School of Urban Affairs Publications

This year's report concentrates on recent legal developments concerning regulation of the location of "adult entertainment businesses." Such regulations raise serious constitutional issues because the First Amendment's guarantee of freedom of expression extends to non-obscene sexually oriented media. The U.S. Supreme Court, however, has established that local government may single out adult businesses for special regulatory treatment in the form of locational restrictions if the local government can show a substantial public interest in regulating such businesses unrelated to the suppression of speech and if the regulations allow for "reasonable alternative avenues of communication," which essentially translates into a reasonable …

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Chasing The Future: Has The Digital Performance In Sound Recordings Act Of 1995 Kept Pace With Technological Advances In Musical Performance, Or Is Copyright Law Lagging Behind, Steven V. Podolsky Jan 1999

Chasing The Future: Has The Digital Performance In Sound Recordings Act Of 1995 Kept Pace With Technological Advances In Musical Performance, Or Is Copyright Law Lagging Behind, Steven V. Podolsky

UC Law SF Communications and Entertainment Journal

Ever since jukeboxes and taped music began replacing bands in many restaurants and bars, performing musicians have been deprived of earnings and protection from unauthorized performance of their work. Digital technology exacerbated the problem by creating super quality sound that can be duplicated without a loss of quality. The Internet, which has become a medium for distributing prerecorded music, has the potential for doing damage to ownership interests throughout the entire recorded music industry. In just a few seconds, anyone with Internet access can retrieve, store, and listen to the performance without paying royalties to the performers. This article discusses …

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The Case For A Specialized Copyright Court: Eliminating The Jurisdictional Advantage, Michael Landau, Donald E. Biederman Jan 1999

The Case For A Specialized Copyright Court: Eliminating The Jurisdictional Advantage, Michael Landau, Donald E. Biederman

UC Law SF Communications and Entertainment Journal

Many of those who specialize in copyright law have become increasingly dismayed by the degree to which the outcome of copyright cases depends upon the venue in which an action is brought. Beyond this, copyright is a highly specialized and technical body of law, and some of its aspects seem to us to be the sort that would be best handled by specialized judges. This article discusses the history of existing specialized courts, and examples that demonstrate that the current system of copyright adjudication works poorly. The authors then recommend the creation of a national copyright court that follows the …

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Swapping Claims In Cyberspace: Legal/Technical Context And Negotiation Stategies For Domain Name Deals, Jefferson F. Scher Jan 1999

Swapping Claims In Cyberspace: Legal/Technical Context And Negotiation Stategies For Domain Name Deals, Jefferson F. Scher

UC Law SF Communications and Entertainment Journal

Domain names continue to perform multiple functions as mnemonic addresses for Internet devices, trademarks for new or established businesses, and "search terms" for those who don't know where else to look. This article speaks to the operation of the domain name system, and discusses many business issues that accompany the ownership of a domain name.

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International Copyright Law And The Electronic Media Rights Of Authors And Publishers, Irene Segal Ayers Jan 1999

International Copyright Law And The Electronic Media Rights Of Authors And Publishers, Irene Segal Ayers

UC Law SF Communications and Entertainment Journal

This article looks at recent cases resolving disputes over the electronic media rights of freelance journalists and publishers in the United States and Europe. This article considers the implications of conflicting case law for international electronic trade in copyrighted works and suggests international solutions that attempt to balance fairly the competing interests of freelancers, publishers, and the new electronic media industries.

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When Cyberspace Meets Main Street: A Primer For Internet Business Modeling In An Evolving Legal Environment, Christopher Paul Boam Jan 1999

When Cyberspace Meets Main Street: A Primer For Internet Business Modeling In An Evolving Legal Environment, Christopher Paul Boam

UC Law SF Communications and Entertainment Journal

With the increasing use of the World Wide Web, the Internet consumer will, for better or worse, change the "shop around the comer." However, the advent of electronic commerce can have the capacity to be the great equalizer. This technology, which allows the smallest of entrepreneurs to enter millions of households throughout the world also subjects them to innumerable conflicting foreign laws and jurisdictions and magnifies the legal impact of any content errors. The ability to enter the households of millions of unknown persons also poses difficult challenges of identification, privacy, and security. The collective impact of these peculiar characteristics …

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Symposium Presentation: Tales Of An E-Commerce Lawyer: When Every Decision You Make Is A You Bet Your Company Decision, Michael Scott Jan 1999

Symposium Presentation: Tales Of An E-Commerce Lawyer: When Every Decision You Make Is A You Bet Your Company Decision, Michael Scott

UC Law SF Communications and Entertainment Journal

Mr. Scott gives an overview of how the Internet and e-commerce have changed the practice of law. He notes that business today is almost instantaneous, in what he refers to as "Internet time," so a wrong business decision can spell disaster. He also discusses the implications of these almost instantaneous business decisions in the context of copyrights, patents, comparison sites, gaming and spamming.

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Symposium Presentation: Legal Recognition Of Digital Signatures: A Global Status Report, Richard Allan Horning Jan 1999

Symposium Presentation: Legal Recognition Of Digital Signatures: A Global Status Report, Richard Allan Horning

UC Law SF Communications and Entertainment Journal

Mr. Homing traces the evidentiary roots of the "put it in writing" axiom and asks "where is the writing in e-commerce?" He discusses the legal response to the new evidentiary problems raised by that question in the context of online business, noting the need for new legal models to place such contracts within the Statute of Frauds.

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Symposium Presentation: Business And Patents And Business Patents, Michael A. Glenn Jan 1999

Symposium Presentation: Business And Patents And Business Patents, Michael A. Glenn

UC Law SF Communications and Entertainment Journal

Mr. Glenn provides a general overview of patent law. He details recent developments in software patents, utility patents and business method patents. He concludes by emphasizing the notion that nearly everything is patentable, possibly even the business method for serving a meal, if such a method could be deemed useful, novel and nonobvious.

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Taxation Of International Computer Software Transactions Under Regulation 1.861-18, Jonathan Purcell Jan 1999

Taxation Of International Computer Software Transactions Under Regulation 1.861-18, Jonathan Purcell

UC Law SF Communications and Entertainment Journal

Transfer of computer software in the international context presents many complexities. Tension has developed between countries of manufacture and the countries of sale. Specifically, how should the income arising from such transactions and the resulting tax base be allocated between the nations where the purchaser and seller are located? Treasury Regulation 1.861-18 attempts to bring some clarity to the characterization of income from the international transfer of computer software. This note explains this regulation as it concerns the disposition of copyright ownership rights and copyrighted subject matter, as well as explores various tax planning opportunities.

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Tax Considerations For Australian Athletes Joining Professional Teams In The United States, William H. Baker Jan 1999

Tax Considerations For Australian Athletes Joining Professional Teams In The United States, William H. Baker

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

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Court Of Arbitration For Sports, Dimitrios Panagiotopoulos Jan 1999

Court Of Arbitration For Sports, Dimitrios Panagiotopoulos

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

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Viewpoint Discrimination In The Military Context: Defining The Difference Due To The Military Honor And Decency Act Of 1996 In General Media Communications, Inc. V. Cohen, Dirk Simpson Jan 1999

Viewpoint Discrimination In The Military Context: Defining The Difference Due To The Military Honor And Decency Act Of 1996 In General Media Communications, Inc. V. Cohen, Dirk Simpson

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

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Do Universities Have A Special Duty Of Care To Protect Student-Athletes From Injury, Michelle D. Mcgirt Jan 1999

Do Universities Have A Special Duty Of Care To Protect Student-Athletes From Injury, Michelle D. Mcgirt

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

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Programming The Future Of Equal Employment Opportunity In Broadcasting: Lutheran Church-Missouri Synod V. Fcc, Leigh Woodruff Marquardt Jan 1999

Programming The Future Of Equal Employment Opportunity In Broadcasting: Lutheran Church-Missouri Synod V. Fcc, Leigh Woodruff Marquardt

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

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The Sat Is No Laughing Matter For Seinfeld: Issues Of Copyright Infringement And Fair Use In Castle Rock Entertainment, Inc. V. Carol Publishing Group, Inc., Maria E. Sous Jan 1999

The Sat Is No Laughing Matter For Seinfeld: Issues Of Copyright Infringement And Fair Use In Castle Rock Entertainment, Inc. V. Carol Publishing Group, Inc., Maria E. Sous

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

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To Yick Wo, Thanks For Nothing!: Citizenship For Filipino Veterans, Kevin Pimentel Jan 1999

To Yick Wo, Thanks For Nothing!: Citizenship For Filipino Veterans, Kevin Pimentel

Michigan Journal of Race and Law

In this Note, the Author uses science fiction novelist Robert Heinlein's model of citizenship as an analytical framework for examining the historical treatment of Filipino veterans of World War II. The Author Heinlein's conception of citizenship in Starship Troopers was one in which a person can acquire citizenship only through a term of service in the state's armed forces. Similarly, the United States provided immediate eligibility for citizenship to World War II era foreign veterans, but it effectively excluded Filipino veterans from this benefit. The Author examines how the plenary power doctrine in immigration law, has quashed legal challenges by …

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Cureton V. National Collegiate Athletic Association: Was The Federal District Court Out Of Bounds When It Enjoined The Ncaa From Continued Operation Of Proposition 16?, Dennis L. Martin Jan 1999

Cureton V. National Collegiate Athletic Association: Was The Federal District Court Out Of Bounds When It Enjoined The Ncaa From Continued Operation Of Proposition 16?, Dennis L. Martin

Campbell Law Review

No abstract provided.

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Us Media Law Update, Jonathan Weinberg Jan 1999

Us Media Law Update, Jonathan Weinberg

Law Faculty Research Publications

No abstract provided.

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The Bard And The Bench: An Opinion And Brief Writer's Guide To Shakespeare, Robert Peterson Jan 1999

The Bard And The Bench: An Opinion And Brief Writer's Guide To Shakespeare, Robert Peterson

Faculty Publications

This work is a legal brief writer's and opinion drafter's guide to Shakespeare. It collects and catalogues by topic citations to plays, poems, or passages that are actually found in judicial opinions. This essay also suggests a few uncited orphans deserving a home in brief or opinion. The catalogue is web based; the reader may search it in its electronic format or download it for old-fashioned browsing.

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Table Of Contents Jan 1999

Table Of Contents

Marquette Sports Law Review

No abstract provided.

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Race Matters In The National Basketball Association, Earl Smith Jan 1999

Race Matters In The National Basketball Association, Earl Smith

Marquette Sports Law Review

No abstract provided.

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Intercollegiate Athletics In The Next Millennium: A Framework For Evaluating Reform Proposals, Timothy Davis Jan 1999

Intercollegiate Athletics In The Next Millennium: A Framework For Evaluating Reform Proposals, Timothy Davis

Marquette Sports Law Review

No abstract provided.

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Title Ix And The Scholarship Dilemma, B. Glenn George Jan 1999

Title Ix And The Scholarship Dilemma, B. Glenn George

Marquette Sports Law Review

No abstract provided.

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Taxation And Professional Sports - A Look Inside The Huddle, William H. Baker Jan 1999

Taxation And Professional Sports - A Look Inside The Huddle, William H. Baker

Marquette Sports Law Review

No abstract provided.

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Before The Flood: The History Of Baseball's Antitrust Exemption, Roger I. Abrams Jan 1999

Before The Flood: The History Of Baseball's Antitrust Exemption, Roger I. Abrams

Marquette Sports Law Review

No abstract provided.

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The Curt Flood Act Of 1998: A Hollow Gesture After All These Years?, Edmund P. Edmonds Jan 1999

The Curt Flood Act Of 1998: A Hollow Gesture After All These Years?, Edmund P. Edmonds

Marquette Sports Law Review

No abstract provided.

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The Curt Flood Act Of 1998 And Major League Baseball's Federal Antitrust Exemption, John T. Wolohan Jan 1999

The Curt Flood Act Of 1998 And Major League Baseball's Federal Antitrust Exemption, John T. Wolohan

Marquette Sports Law Review

No abstract provided.

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The Curt Flood Act Of 1998: The Players' Perspective, Marianne Mcgettigan Jan 1999

The Curt Flood Act Of 1998: The Players' Perspective, Marianne Mcgettigan

Marquette Sports Law Review

No abstract provided.

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Why Baseball's Antitrust Exemption Still Survives, J. Gordon Hylton Jan 1999

Why Baseball's Antitrust Exemption Still Survives, J. Gordon Hylton

Marquette Sports Law Review

No abstract provided.

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