Richard Sherman, Rhetoric, And Racial Animus In The Rebirth Of The Bogeyman Myth,
2015
UC Law SF
Richard Sherman, Rhetoric, And Racial Animus In The Rebirth Of The Bogeyman Myth, Nick J. Sciullo
UC Law SF Communications and Entertainment Journal
After the Seattle Seahawks won the NFC Championship game, the postgame interview of Richard Sherman, a defensive back for the Seahawks, became subject to racialized discourse in the media. This article draws upon important concepts of black danger, blackness and the media, and racial animus to explain how media pundits and online commentaries about the interview have created a modem-day version of the bogeyman. In so doing, the article theorizes a new logic to racial animus-the myth of the bogeyman-to expound on the confluence of race, law, and sports. This new approach will help to explain covert racism in the …
Recovery Of Nazi-Related Art: Legal Aspects Under German And U.S. Law Exemplified By The Gurlitt Case,
2015
UC Law SF
Recovery Of Nazi-Related Art: Legal Aspects Under German And U.S. Law Exemplified By The Gurlitt Case, Michael Rebholz
UC Law SF Communications and Entertainment Journal
Since November 3, 2013, a case regarding Nazi-looted art-known as the Gurlitt casehas garnered the attention of the media and the art industry in both Germany and the United States. This case arose from German authority's confiscation of approximately 1500 pieces of valuable art found in Cornelius Gurlitt's apartments in Germany and Austria. He claimed that he was the legal owner of the artworks that people believed to have been destroyed during World War It. This article first answers the question of how this case would be resolved under German law by focusing primarily on the question of whether Cornelius …
Transformative Use And The Right Of Publicity: A Relationship Ready For Revision,
2015
UC Law SF
Transformative Use And The Right Of Publicity: A Relationship Ready For Revision, Justin L. Rand
UC Law SF Communications and Entertainment Journal
The only consistency in right of publicity jurisprudence has been inconsistency. The right can be defined as the ability to control the commercial use of one's identity, and its scope has varied from state to state and era to era. While aspects of the right of publicity partially overlap with copyright and trademark, its historical origins and underlying policy justifications are distinct. Indeed, understanding the unique position of the right has become increasingly important in the digital revolution, where celebrities are vigorously fighting to protect their identities from outside, commercial exploitation. Yet, in their efforts to monetize their names, images, …
Access To Information About Lethal Injections: A First Amendment Theory Perspective On Creating A New Constitutional Right,
2015
UC Law SF
Access To Information About Lethal Injections: A First Amendment Theory Perspective On Creating A New Constitutional Right, Clay Calvert, Emma Morehart, Kéran Billaud, Kevin Bruckenstein
UC Law SF Communications and Entertainment Journal
This article examines, through the lens of First Amendment theory, current judicial debate regarding the access rights of inmates and the public to detailed facts about lethal- injection drugs, personnel, and procedures. The article uses several 2014 appellate court disputes as analytical springboards, including the U.S. Court of Appeals for the Ninth Circuit’s groundbreaking decision in Wood v. Ryan. The article argues that the First Amendment doctrine developed by the U.S. Supreme Court in Press-Enterprise II too narrowly cabins and confines access rights in lethal-injection data cases. In contrast, three venerable theories of free expression–the marketplace of ideas, democratic self-governance, …
Adopting Subsequent Remuneration Right In Chinese Copyright Law,
2015
UC Law SF
Adopting Subsequent Remuneration Right In Chinese Copyright Law, Xi Chen
UC Law SF Communications and Entertainment Journal
One heavily and contentiously argued clause in Chinese Copyright Law amendment drafts focuses on the practicality of granting authors of audiovisual works the legal right to collect subsequent remunerations (“SRR”) when their works are reused in subsequent exploitations. With the rapid increase of social media channels for the Chinese movie industry, and other entertainment industries relying on a heavy usage of audiovisual work, authors demand that they should be entitled to the profit earned from derivative markets and other media channels beyond the first intended market. In order to balance the conflicting interest between the author and the producer, and …
Why Should We Care What Fitbit Shares?: A Proposed Statutory Solution To Protect Sensitive Personal Fitness Information,
2015
UC Law SF
Why Should We Care What Fitbit Shares?: A Proposed Statutory Solution To Protect Sensitive Personal Fitness Information, Michelle M. Christovich
UC Law SF Communications and Entertainment Journal
This note examines the privacy implications of fitness trackers, devices such as Fitbit, which measure users’ movements, fitness habits, and overall health in granular detail. This note explores the privacy dangers of using fitness trackers generally and in the specific context of the workplace and Big Data. This note also draws parallels between the personal health information protected by the Health Information Portability and Accountability Act (“HIPAA”) and the personal fitness information collected by fitness trackers. This note argues that a statutory scheme, modeled after HIPAA, should be established in order to protect the sensitive personal fitness information gathered by …
Did Copyright Kill The Radio Star? Why The Recorded Music Industry And Copyright Act Should Welcome Webcasters Into The Fold, 14 J. Marshall Rev. Intell. Prop. L. 292 (2015),
2015
UIC School of Law
Did Copyright Kill The Radio Star? Why The Recorded Music Industry And Copyright Act Should Welcome Webcasters Into The Fold, 14 J. Marshall Rev. Intell. Prop. L. 292 (2015), Patrick Koncel
UIC Review of Intellectual Property Law
The Copyright Act has not kept pace with the times, and the next revolution is going full stream ahead. Rather than adapt, entrenched interests at the Copyright table push for more protection, while new technologies are demonized and underrepresented. The resulting Copyright Act’s provisions relating to internet-based radio, ranging from passive over-the-air broadcasts to fully interactive music hosting sites, are a patchwork of accommodations and concessions to these interests. For all non-interactive services, licensing music typically occurs within the Copyright Act’s compulsory licensing system. For interactive webcasters, licensing negotiations take place with the copyright holders directly. These negotiations have proven …
The Next Great Copyright Act And The Future Of Radio, 14 J. Marshall Rev. Intell. Prop. L. 378 (2015),
2015
UIC School of Law
The Next Great Copyright Act And The Future Of Radio, 14 J. Marshall Rev. Intell. Prop. L. 378 (2015), Christopher Doval, Don Anque, Maesea Mccalpin
UIC Review of Intellectual Property Law
With the advancement of digital broadcasting technologies, the lack of a revision to copyright law has created a creative and distribution bottleneck for artists by companies. The current range for compulsory licensing agreements does not protect the interests of artists through modern digital transmission tools, and leaves them fending for themselves if they wish to have access to new digital platforms. Moreover organizations, such as the Recording Industry Association of America, are in greater positions of power when applying existing copyright laws and definitions to new technologies that innovators never intended to be analogous to pre-existing technologies to begin with. …
The Un-Territoriality Of Data,
2015
American University Washington College of Law
The Un-Territoriality Of Data, Jennifer Daskal
Scholarly Articles in Law Reviews & Journals
Territoriality looms large in our jurisprudence, particularly as it relates to the government’s authority to search and seize. Fourth Amendment rights turn on whether the search or seizure takes place territorially or extraterritorially; the government’s surveillance authorities depend on whether the target is located within the United States or without; and courts’ warrant jurisdiction extends, with limited exceptions, only to the borders’ edge. Yet the rise of electronic data challenges territoriality at its core. Territoriality, after all, depends on the ability to define the relevant “here” and “there,” and it presumes that the “here” and “there” have normative significance. The …
Taming The "Feral Beast": Cautionary Lessons From British Press Reform,
2015
University of Miami School of Law
Taming The "Feral Beast": Cautionary Lessons From British Press Reform, Lili Levi
Articles
No abstract provided.
Online Data Breaches, Standing, And The Third-Party Doctrine,
2015
Indiana Tech Law School
Online Data Breaches, Standing, And The Third-Party Doctrine, Adam Lamparello
Cardozo Law Review de•novo
This Essay argues that, in the context of online data breaches, these doctrines hinder consumers from receiving full monetary compensation and do not adequately safeguard privacy rights. For example, courts frequently dismiss consumers’ suits against online service providers for lack of standing, which results in consumers bearing the cost for damages that the providers were in a position to prevent. This Essay argues that the Supreme Court should relax the standing doctrine’s “imminent harm” requirement and permit consumers to sue providers for mitigation damages. In addition, the Court should abandon the longstanding principle that citizens lose all privacy protections in …
Airbnb And The Housing Segment Of The Modern Sharing Economy: Are Short-Term Rental Restrictions An Unconstitutional Taking,
2015
Wayne State University
Airbnb And The Housing Segment Of The Modern Sharing Economy: Are Short-Term Rental Restrictions An Unconstitutional Taking, Jamila Jefferson-Jones
Law Faculty Research Publications
No abstract provided.
Airbnb And The Housing Segment Of The Modern Sharing Economy: Are Short-Term Rental Restrictions An Unconstitutional Taking,
2015
Wayne State University
Airbnb And The Housing Segment Of The Modern Sharing Economy: Are Short-Term Rental Restrictions An Unconstitutional Taking, Jamila Jefferson-Jones
Law Faculty Research Publications
No abstract provided.
The Code-Based Interpretation Of Authorization: An Incomplete Picture,
2015
University of Washington School of Law
The Code-Based Interpretation Of Authorization: An Incomplete Picture, Nicholas R. Ulrich
Washington Journal of Law, Technology & Arts
The definition of authorization under the Stored Communications Act raises questions about implied authorization in situations where someone fails to secure an email account properly. The few cases that have addressed this issue under the federal act or its state equivalents have not created a bright-line rule. Instead, the question of authorization has been highly fact-dependent. Two leading interpretive theories have emerged on the question of authorization: the code-based theory and the trespass theory. While the code-based interpretation of authorization seems pleasing because it appears to provide highly predictive outcomes, it fails in some circumstances. This failure is especially obvious …
The Right To Be Forgotten: Who Decides What The World Forgets,
2015
University of Miami School of Law
The Right To Be Forgotten: Who Decides What The World Forgets, Patricia S. Abril, Jacqueline D. Lipton
Articles
In May 2014, the Court of Justice for the European Union ("CJEU") surprised the global cyberlaw community by holding that search engines like Google are "controllers" of the processing of personal data under the European Union Data Protection Directive. This means that they are obliged in some circumstances to remove links from search results that pertain to information that infringes on an individual's rights under the Directive. This obligation has come to be referred to as an aspect of a digital right to be forgotten." The search results in question related to a mortgage sale of property in a bankruptcy …
Can I Call You Back? A Sustained Interaction With Biospecimen Donors To Facilitate Advances In Research,
2015
University of Richmond
Can I Call You Back? A Sustained Interaction With Biospecimen Donors To Facilitate Advances In Research, Jonathan S. Miller
Richmond Journal of Law & Technology
"For the cure." This statement resonates throughout society and offers a simple reasoning for the conduct of biomedical research. It provides a strong impetus for advocates of biomedical research to pursue appropriations to support research hypotheses, advanced medical technologies, and targeted therapeutic strategies. Answering sophisticated medical questions, however, requires researchers and clinicians to have an adequate supply of materials necessary to facilitate their research endeavors. These materials-commonly referred to as biospecimens- may include frozen human embryos, tissue specimens, blood samples, buccal swabs, or exhaled breath condensate, all of which may be collected and stored in biobanks.
The Bomb Keeps The Lights On: The Use Of Final-Offer Arbitration In Failed Retransmission Consent Negotiations,
2015
Benjamin N. Cardozo School of Law
The Bomb Keeps The Lights On: The Use Of Final-Offer Arbitration In Failed Retransmission Consent Negotiations, Daniel J. Weiss
Cardozo Journal of Conflict Resolution
This Note will consider the imposition of binding arbitration in instances of failed retransmission consent negotiations between broadcasters and cable companies. It will first consider the FCC's authority to do so under the Communication Act of 1934 and the ADRA. Central to this discussion will be the debate and legislative history surrounding the 1992 Act and the way that mandatory binding arbitration has been used other contexts by the Commission. Further, this Note will explore the specific type of arbitration to be employed by the FCC in event the Commission finds they have the authority to mandate such a procedure. …
Internet Protocol Television And The Challenge Of "Mission Critical" Bits,
2015
Penn State University
Internet Protocol Television And The Challenge Of "Mission Critical" Bits, Rob Frieden
Cardozo Arts & Entertainment Law Journal
No abstract provided.
A Legislative Pendency Proposal To Address The Consumer Harm Caused By The Broken Retransmission System,
2015
Benjamin N. Cardozo School of Law
A Legislative Pendency Proposal To Address The Consumer Harm Caused By The Broken Retransmission System, Marla S. Merchut
Cardozo Arts & Entertainment Law Journal
No abstract provided.
This Book Is Not Yet Rated: Age Ratings In The Literary Market Vs. Minors' First Amendment Right To Receive Information,
2015
Benjamin N. Cardozo School of Law
This Book Is Not Yet Rated: Age Ratings In The Literary Market Vs. Minors' First Amendment Right To Receive Information, Nathalie De Choudens Baez
Cardozo Arts & Entertainment Law Journal
No abstract provided.
