Entertainment, Arts, and Sports Law Commons^™

Food For The Lions: Excessive Damages For Newsgathering Torts And The Limitations Of Current First Amendment Doctrines , Andrew B. Sims

Faculty Scholarship

No abstract provided.

Future Directions In International Copyright, Shira Perlmutter

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Early Patent Publication: A Boon Or Bane? A Discussion On The Legal And Economic Effects Of Publishing Patent Applications After 18 Months Of Filing, John F. Duffy, Hayden Gregory, Robert Rines, Herbert Wamsley, Douglas Wyatt

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Censorship Of Indecency In Ireland: A View From Abroad, Jerome O'Callaghan

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Preemption, The Right Of Publicity, And A New Federal Statute, Richard S. Robinson

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Rights Of Publicity: An In-Depth Analysis Of The New Legislative Proposals To Congress, Marci A. Hamilton, Steven M. Getzoff, Barbara Kolsun, Diane L. Zimmerman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 16, Iss. 2-3

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Indirect Infringement And Counterfeiting: Remedies Available Against Those Who Knowingly Rent To Counterfeiters, Barbara Kolsun, Jonathan Bayer

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Endangered Species Wannabees, John Copeland Nagle

Journal Articles

Environmental law and theories of statutory interpretation have developed side by side in the United States during the past twenty-five years. Many of the leading environmental law cases are also statutory interpretation cases. China is different. China has enacted many environmental statutes, often patterned after foreign laws such as those in the United States, but there are no Chinese environmental law statutory interpretation cases.

This article examines why there are no such cases, and what we may learn from that fact. I am indebted to the work of Professor Stewart, whose engaging article in this symposium issue combines three of …

King Instruments Corp. V. Perego: Should Lost Profits Be Awarded On Unpatented Products Where Patentee Sits On Its Patents?, Arun Chandra

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Offensive And Defensive Insurance Coverage For Patent Infringement Litigation: Who Will Pay?, Lisa A. Small

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Independent Contractor Or Employee? Misplaced Reliance On Actual Control Has Disenfranchised Artistic Workers Under The National Labor Relations Act, Thomas M. Murray

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Will Tabloid Journalism Ruin The First Amendment For The Rest Of Us?, Rodney A. Smolla

Law Faculty Publications

Imagine that we set out to classify news organizations as falling into one of two Platonic "idealized forms," the "serious" journalists on the one hand, and the "tabloid" journalists on the other. In the pursuit of this happy exercise we might attempt to list the attributes that we tend to associate with each of these idealized forms. ...

From Paparazzi To Hidden Cameras: The Aggressive Side Of A Free And Responsible Press, Rodney A. Smolla

Law Faculty Publications

This article examines the complex of cultural effects and possible legal responses in the wake of the Princess of Wales' death. To say that the paparazzi were complicit in her death is to forget that, in spite of their frequently invasive means of obtaining news, these were also the kind of journalists who were complicit in the public celebration of her life. Had the Hutchins Commission this tragedy to include in its deliberations about press responsibility, it likely would have stated its indignation and suggested Diana's death as more evidence that journalists be regulated. But this article argues that aggressive …

Toward Humanistic Theories Of Legal Justice, Robin West

Georgetown Law Faculty Publications and Other Works

In an oft-quoted aside, Justice Holmes once remarked that when lawyers in his courtroom make appeal to justice, he stops listening: such appeals do nothing but signal that the lawyer has neither the facts nor law on his side, or worse, that he is ignorant of whatever law might be relevant.' Holmes's remark has not gone unheeded. Holmes's legacy, in part, is precisely this lapse: we don't have, or teach, a guiding theory of legal justice, nor do we have, or teach, a family of competing theories of legal justice, that might inform our work in law, at least as …

Bloomer Girl Revisited Or How To Frame An Unmade Picture, Victor P. Goldberg

Faculty Scholarship

Nearly all contracts casebooks feature the saga of Shirley MacLaine's suit against Twentieth Century Fox arising from the cancellation of the proposed film Bloomer Girl. None really get the story right. To be fair, none try. The case is a vehicle for exploring the obligation of the victim of the breach of an employment contract to take alternative employment. If MacLaine refused an offer of alternative employment that was not "different and inferior," her failure to mitigate would mean that the earnings she would have received would be offset against the damages; so, asked the court, was the alternative …

National Endowment For The Arts V. Finley: Challenging The Facial Challenge, Gloria F. Taft

Campbell Law Review

This Note examines the facial challenge in National Endowment for the Arts ("NEA") v. Finley and how an as-applied challenge may have produced a different outcome. In particular, this Note will analyze the inadequacy of a facial challenge to the "decency & respect" provision, and in the alternative how an asapplied challenge would have invalidated the provision when applied to artists such as the Respondents in Finley.

How Early Did Anglo-American Trademark Law Begin? An Answer To Schechter's Conundrum, Keith M. Stolte

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Trademark Prosecution In The Patent And Trademark Office And Litigation In The Trademark Trial And Appeal Board, David W. Ehrlich, Richard A. Friedman, Donna L. Mirman, T. Jeffrey Quinn

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Applying The Safe Distance Rule In Counterfeiting Cases: A Call For The Use Of Broad Equitable Power To Prevent Black And Gray Marketeering, Timothy R. Cahn, Joshua R. Floum

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Red Alert! Add-On Games Are Coming!, Adam Eric Jaffe

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Trademark Surveys: Identifying The Relevant Universe Of Confused Consumers, Shashank Upadhye

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Restricting Speech On The Internet: Finding An Appropriate Regulatory Framework, Andrew B. Sims, Parry Aftab, Lisa M. Fantino, Richard A. Kurnit

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Cocaine-Cola, The Velvet Elvis, And Anti-Barbie: Defending The Trademark And Publicity Rights To Cultural Icons, Steven M. Cordero

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The V-Chip And The Constitutionality Of Television Ratings, Benjamin C. Zipursky, Eric Burns, Donald W. Hawthorne, Thomas Johnson

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Political Campaign Spending Caps And The First Amendment: Buckley V. Valeo Revisited, Wayne Barrett, Edward W. Hayes, Erik Joerss, William G. Kastin

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Morphing Of Property Rules And Liabilty Rules: An Intellectual Property Optimist Examines Article 9 And Bankruptcy, Shubha Ghosh

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Pharmaceuticals: Test Bed For European Themes On Trademarks And The Free Movement Of Goods, Ian S. Forrester, Anne N. Nielson

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Wto, Wipo & The Internet: Confounding The Borders Of Copyright And Neighboring Rights, Susan A. Mort

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Intellectual Property Law Enforcement In China: Trade Issues, Policies And Practices , Naigen Zhang

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.