Entertainment, Arts, and Sports Law Commons^™

1991 Legislation, Reports And Debates Over Federally Funded Art: Arts Community Left With An "Indecent" Compromise

Washington and Lee Law Review

No abstract provided.

Policing Sports Agents: The First Four Years, Kevin M. Mckenna, Joseph Digiuseppe

University of Miami Entertainment & Sports Law Review

No abstract provided.

Recent Tax Issues Affecting Foreign Athletes-Playing Hockey In The United States, Lloyd E. Shefsky, Daniel G. Pappano

University of Miami Entertainment & Sports Law Review

No abstract provided.

Milkovich V. Lorain Journal Co.: Wrestling With Opinion, Mario J. Trespalacios

University of Miami Entertainment & Sports Law Review

No abstract provided.

Differential Taxation Of The Press: The Modern Taxes On Knowledge?, Ana J. Del Cristo

University of Miami Entertainment & Sports Law Review

No abstract provided.

The Inadvertent Joint Author: The Need To Establish Joint Authorship In Commissioned Works By Contract, Kent R. Middleton

University of Miami Entertainment & Sports Law Review

No abstract provided.

The Antitrust Implications Of The Divisional Structure Of The National Collegiate Athletic Association, Terrill L. Johnson

University of Miami Entertainment & Sports Law Review

No abstract provided.

Plan B'S Inevitable Demise: The Consequence Of Powell V. National Football League, George Stephanopolous

University of Miami Entertainment & Sports Law Review

No abstract provided.

Table Of Contents

Marquette Sports Law Review

No abstract provided.

Horse Sense And The Ucc: The Purchase Of Racehorses, John J. Kropp, J. Jeffrey Landen, Daniel C. Heyd

Marquette Sports Law Review

No abstract provided.

A Historical Review Of Litigation In Baseball, Richard L. Irwin

Marquette Sports Law Review

No abstract provided.

Subverting The Internal Revenue Code In The "Game" Of Sports Stadium Financing, John D. Finerty Jr.

Marquette Sports Law Review

No abstract provided.

A Commentary On Professor Goplerud's Article, "Ncaa Enforcement Process: A Call For Procedural Fairness", Leroy Pernell

Journal Publications

No abstract provided.

Intellectual Property Protection For The Creative Chef, Or How To Copyright A Cake: A Modest Proposal, Malla Pollack

Cardozo Law Review

No abstract provided.

State Trademark And Unfair Competition Law By The United States Trademark Association , Jeffrey E. Jacobson

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Dawson V. Hinshaw Music, Inc.: The Fourth Circuit Revistis Arnstein And The 'Intended Audience" Test, Philip C. Baxa, M William Krasilovsky

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Ward V. Rock Against Racism: How Time, Place And Manner Further Restrict The Public Forum, Michael B. Manley

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Federal Arts Funding At What Cost? The Impact Of Funding Guidelines On The First Amendment And The Future Of Art In America, Anne L. Body

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

"Conditional" Functionality: The New Standard For Evaluating "Aesthetic" Functionality Established By The Second Circuit In Wallace International Silversmiths, Inc. V. Godsinger Silver Art Co., Mark I. Peroff, Nancy J. Deckinger

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Trademark Protection Of Advertising Slogans: A Modern Perspective, Evynne Grover

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Heads I Win, Tails You Lose: A Study Of Antitrust Jurisprudence In The Federal Circuit, Steven W. Heller

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Who's Afraid Of The Big Bad Works Made For Hire Doctrine?-Not The Supreme Court, Nicholas C. Katsoris

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

With Malice Toward None: A New Look At Defamatory Republication And Neutral Reportage, James E. Boasberg

UC Law SF Communications and Entertainment Journal

The common law has not looked favorably upon republishers of defamatory material, believing that "one who republishes a libel adopts it as his own." Starting from the fair report privilege and moving to the wire service defense and neutral reportage, courts have gradually carved out niches of protection for republishers. This Article first analyzes the wire service defense and proposes that it should be expanded to cover republished stories about public and private figures from reliable publications. After examining the history of neutral reportage, this Article then proposes a new constitutional privilege: Media defendants may rely on the privilege of …

Structural Implications Of Telephone Content Regulation: Lessons From The Audiotex Controversy, Patrick O'Neill

UC Law SF Communications and Entertainment Journal

Audiotex is a mass communication service provided through the telephone network. As such, it may be a forerunner of an era of convergence in which information services may be considered under both mass communication and common carrier law. This Article examines some of the problems that arise from the application of first amendment principles to a medium of common carriage, especially the extent to which carriers may make editorial decisions concerning the content of information services.

Simplified Syndication For Stage And Screen: A Proposal For Modifying Securities Laws For The Financing Of Theater And Film Production, Thomas A. Cohen

UC Law SF Communications and Entertainment Journal

Theater and film producers are hampered in their fundraising efforts by inconsistent and irrelevant securities laws. At the same time, investors are not adequately protected by the current disclosure requirements, which are costly and uninformative. Public policy in general, and New York practice in particular, support affirmative changes in this situation. This Note proposes uniform laws and guidelines, specifically adapted to stage and screen, that should be adopted by the SEC, the NASAA, and the individual states.

The Discretionary Award Of Attorney's Fees Under The Copyright Act, Elden Dale Golden

UC Law SF Communications and Entertainment Journal

Title 17, section 505 of the United States Code allows a court, in its discretion, to award reasonable attorney's fees to the prevailing party in cases that arise under the Copyright Act. This Article focuses on the single issue of when the court should exercise this discretion. With no guidance from the statute or legislative history as to what the bounds of "discretion" are in this province, five circuits have adopted comprehensive yet conflicting standards. The law in these circuits, as well as the developing law in the remaining eight circuits, is discussed and analyzed.

Preventing The Misappropriation Of Identity: Beyond The Right Of Publicity, Seth E. Bloom

UC Law SF Communications and Entertainment Journal

The appropriation of an individual's name or likeness without that individual's consent subjects defendants to civil liability under the tort law doctrine known as the "right of publicity." While, as originally formulated, the doctrine protected only a person's name or likeness from misappropriation, in recent years the right of publicity has been substantially expanded to broadly protect against the misappropriation of one's "identity." While the original formulation of the doctrine may have been unnecessarily restrictive, expanding the protection afforded by the right of publicity to include characteristics beyond merely name or likeness carries its own dangers of foreclosing a substantial …

Rose Is In Red, Black Sox Are Blue: A Comparison Of Rose V. Giamatti And The 1921 Black Sox Trial, Michael W. Klein

UC Law SF Communications and Entertainment Journal

When Cincinnati Reds manager Pete Rose received his banishment from Major League Baseball in 1989, after he was accused of betting on his own team, comparisons were immediately drawn to the Black Sox, the eight members of the White Sox who were banned from the game for allegedly throwing the 1919 World Series in return for payoffs from gamblers. Such comparisons are incomplete without an understanding of the legal settings of both incidents. This Note examines the judicial deference given to decisions of the Commissioner of Baseball and considers such deference in conjunction with Major League Baseball's unique exemption from …

Researching The Law Of Sports: A Revised And Comprehensive Bibliography Of Law-Related Materials, Frank G. Houdek

UC Law SF Communications and Entertainment Journal

No abstract provided.

Allocating Spectrum Through The Use Of Auctions, Terrence J. Schroepfer

UC Law SF Communications and Entertainment Journal

This article provides an overview of auctions and proposes a bidding format for use in a potential spectrum auction. An auction is a mechanism designed to recreate the competitive market when competition is hindered by a limited number of participants or a lack of pricing information. Although supporters of spectrum auctions frequently point to the potential revenue generation from a sale of spectrum, most economists support auctions because, if implemented in accordance with economic theory, they enhance economic efficiency.

The author proposes a sealed second-bid format for use in any potential spectrum auction. This format protects against collusion through the …