Entertainment, Arts, and Sports Law Commons^™

The Nonstatutory Labor Exemption And Player Restraints In Professional Sports: The Promised Land Or A Return To Bondage?, Stephen R. Mcallister

University of Miami Entertainment & Sports Law Review

No abstract provided.

The Right To Speak, The Right To Hear, And The Right Not To Hear: The Technological Resolution To The Cable/Pornography Debate, Michael I. Meyerson

All Faculty Scholarship

The advent of cable television presented a new opportunity to consider the competing interests on each side of the free speech/pornography debate. This Article attempts to construct an analysis that will be consistent with Supreme Court teaching on how government, under the first amendment, may constitutionally regulate legal obscenity, particularly in the name of protecting those who wish to avoid exposure to such material.

The Article shows how, unlike earlier battles over technology and pornography, cable television presented the novel opportunity to have a technological rather than a censorial solution to this difficult problem.

Playing The Drug-Testing Game: College Athletes, Regulatory Institutions, And The Structures Of Constitutional Argument, John A. Scanlan

Indiana Law Journal

No abstract provided.

The National Collegiate Athletic Association's Death Penalty: How Educators Punish Themselves And Others, Rodney K. Smith

Indiana Law Journal

No abstract provided.

Balancing Due Process And Academic Integrity In Intercollegiate Athletics: The Scholarship Athlete's Limited Property Interest In Eligibility, Brian L. Porto

Indiana Law Journal

No abstract provided.

The Very Idea Of "Law And Literature", John D. Ayer

Michigan Law Review

A Review of The Failure of the Word: The Protagonist as Lawyer in Modern Fiction by Richard Weisberg

Table Of Contents

University of Miami Entertainment & Sports Law Review

No abstract provided.

A Survey Of Legal Issues Facing The Foreign Athlete, Debra Dobray

University of Miami Entertainment & Sports Law Review

No abstract provided.

Law Of Defamation, By Rodney A. Smolla, Thomas R. Julin

University of Miami Entertainment & Sports Law Review

No abstract provided.

A Player's View Of The Nfl Reserve System, Edward Newman

University of Miami Entertainment & Sports Law Review

No abstract provided.

Franchise Relocation In Major League Baseball, Jeffrey M. Eisen

University of Miami Entertainment & Sports Law Review

No abstract provided.

Anderson V. Liberty Lobby: A New York "State Of Mind", Lawrence D. Goodman, Howard D. Dubosar

University of Miami Entertainment & Sports Law Review

No abstract provided.

Dedication

University of Miami Entertainment & Sports Law Review

No abstract provided.

A Critical Look At Professional Tennis Under Antitrust Law, George Andrew Metanias, Thomas Joseph Cryan, David W. Johnson

University of Miami Entertainment & Sports Law Review

No abstract provided.

Law And Business Of The Sports Industries, By Robert C. Berry And Glenn M. Wong, Debra Dobray

University of Miami Entertainment & Sports Law Review

No abstract provided.

The Antitrust Implications Of Professional Sports Leagues Revisited: Emerging Trends In The Modern Era, Thane N. Rosenbaum

University of Miami Law Review

No abstract provided.

Freedom Of Speech And Racism, David Kretzmer

Cardozo Law Review

No abstract provided.

If It Ain't Broke, Don't Fix It, John R. Worthington

UC Law SF Communications and Entertainment Journal

The author argues that the Department of Justice and the divested Bell Operating Companies are trying to persuade the divestiture court to do directly what the Dole Bill tried to accomplish indirectly, namely, eliminate the provisions of the AT&T consent decree which restrict those companies from entering lines of business in which they could abuse their bottleneck power. The author suggests that the Department's recommendations to remove these restrictions are fundamentally flawed and completely unprincipled - and that, furthermore, recent history and present realities show that federal regulators cannot prevent the anti-competitive abuses which the decree was crafted to prevent. …

Mfj: Judicial Overkill - Further Perspective And Response, Robert B. Mckenna, Ronald L. Slyter

UC Law SF Communications and Entertainment Journal

The authors postulated in Volume 9:1 of COMM/ENT that the line-ofbusiness restrictions imposed in the AT&T divestiture decree-which sharply limit the business activities in which the divested exchange carriers may operate-were based upon fundamentally flawed premises. In this rejoinder, the authors take issue with those who would oppose the rights of the regional holding companies to own non-telecommunications- related enterprises. The authors suggest that the regulators are fully capable of properly fulfilling their statutory tasks in areas where exchange carriers have market power, and that the United States Congress has the legislative and constitutional power to eliminate the consent decree's …

Freeing The Telephone Company Seven: The Justice Department Joins The Chorus, James P. Denvir

UC Law SF Communications and Entertainment Journal

In January of this year, the Department of Justice submitted to the United States District Court for the District of Columbia its recommendations concerning the line-of-business restrictions contained in the consent decree which was entered in U.S. v. AT&T. The Department recommended that restrictions on information services and manufacturing be lifted entirely and that the inter-exchange service restrictions be modified. The author discusses the marked departure from earlier positions of the Justice Department that these recommendations represent. The rationale for the Justice Department's change in position, as well as anticipated difficulties the Department would likely encounter in persuading the court …

Congress And The Federal Communications Commission: The Continuing Contest For Power, Harry M. Shooshan Iii, Erwin G. Krasnow

UC Law SF Communications and Entertainment Journal

This article discusses the changing relationship between Congress and the Federal Communications Commission. The authors suggest that the Commission's status as an independent agency has been eroded by the emergence of a new system of checks and balances imposed by Congress. The use of riders on appropriations bills and the enactment of statutory moratoriums have served to increase Congressional involvement in, and control over, Commission decision-making. After discussing specific examples of how these new tools of legislative oversight have affected major Commission decisions, the authors conclude that the challenge for the Commission in the future will be to learn from …

Cameras In The Courtroom: A First Amendment Right Of Access, Richard H. Frank

UC Law SF Communications and Entertainment Journal

In Westmoreland v. Columbia Broadcasting System, Inc., the U.S. Court of Appeals for the Second Circuit held that a per se ban on television access to a federal courtroom does not violate the first amendment to the U.S. Constitution. The author asserts that Westmoreland and two similar courts of appeal decisions upholding absolute prohibition of electronic access to judicial proceedings are indefensible under recent U.S. Supreme Court decisions such as Chandler v. Florida and the Richmond Newspapers, Inc. v. Virginia line of cases. The author details the widespread success of television access to courtrooms in over eighty percent of the …

Constitutional Struggle Over Telecommunications Regulation, Rita M. Cain

UC Law SF Communications and Entertainment Journal

For almost two decades, federal telecommunications regulators had preempted state telecommunications regulations based on the supremacy of federal policy. The federal courts consistently upheld this federal exercise of power. This article examines that trend and the recent Supreme Court decision that abruptly reversed the trend, Louisiana Public-Service Commission v. FCC. The immediate and substantial impact of that decision is examined and, in some cases, questioned.

United States Regulation Of Transborder Speech, Stephen R. Barnett

UC Law SF Communications and Entertainment Journal

Regulation of transborder speech - speech flowing into or out of the country - is a relatively neglected subject that now appears to be attracting increased attention in American law. This article presents a survey and commentary on United States laws regulating transborder speech. Its many topics include ideological restrictions on visitors' visas, regulation of "political propaganda" distributed by foreign agents in the United States, government certification of "educational" films for dutyfree circulation abroad, and restrictions on the reception of television programming from foreign communications satellites for purposes of home viewing, university study, or retransmission by American news organizations. The …

Allocation Of Risk Based On The Mechanics Of Injury In Sports: A Proposed Presumption Of Non-Fault, Gerald J. Todaro

UC Law SF Communications and Entertainment Journal

This article analyzes the interrelationship between sports safety measures and sports injury litigation. The author urges the courts to abandon the doctrine of assumption of the risk and proposes a presumption of non-fault to ensure that unavoidable injuries in sports are excluded from compensation. The evidentiary presumption is predicated on the assumption that some injuries are impervious to injury avoidance practices and techniques. Under the presumption, coaches and instructors who negligently create additional risk of injury for the athletic participant face liability.

Introduction, Dennis Patrick

UC Law SF Communications and Entertainment Journal

No abstract provided.

The Works Made For Hire Doctrine And The Employee/Independent Contractor Dichotomy: The Need For Congressional Clarification, Bennett J. Fidlow

UC Law SF Communications and Entertainment Journal

The author examines the "works made for hire" doctrine and the confusion that has arisen in the federal courts over it. The author reviews the development of the doctrine and recent case law interpreting its codification in the 1976 Copyright Act. He concludes that, although the U.S. Supreme Court may render a decision on the doctrine, Congresional legislation would be the best course for its clarification.

California Art Preservation Act: Proving Actual Damages, Ronald T. Michioka

UC Law SF Communications and Entertainment Journal

California became the first state in the nation to statutorily recognize the personal rights of artists in their creations when it enacted section 987 of the California Civil Code. The California Art Preservation Act prohibits the alteration of a work of fine art by anyone other than its creator. In addition to other remedies, an aggrieved artist may seek to recover "actual damages" for an unauthorized alteration of his or her

work. Addressing the difficulty of proving actual damages, this Note discusses the types of proof of actual damages which are allowed in other torts which protect a person's reputation …

Celebrity Endorsement: Recognition Of A Duty, 21 J. Marshall L. Rev. 47 (1987), Jay S. Kogan

UIC Law Review

No abstract provided.

Stone Got Caught Between A Rock And A Hard Place: Grand Juries' Power To Subpoena Outtakes That Reveal Confidential News Sources, Marty Kassman

UC Law SF Communications and Entertainment Journal

Detroit television journalist Bradley Stone had a brief stay in jail because he refused to provide a grand jury with a few seconds of videotape. The tape consisted of outtakes from Stone's report on violent teenage gangs. Stone claimed a first amendment right to withhold that tape from the grand jury, which was investigating the murder of a state trooper. This note explores whether there is, and whether there should be, first amendment protection of confidential news sources. The author analyzes the various opinions in the key Supreme Court case on the subject, Branzburg v. Hayes. The note traces the …