Pace University School of Law
Northwestern Pritzker School of Law
San Jose State University
Marquette University Law School
University of Georgia School of Law
Singapore Management University
American University Washington College of Law
Loyola University Chicago, School of Law
The End Of Amateurism: The Ncaa And The Sudden Implementation Of Name, Image, And Likeness,
2023
Ohio Northern University
The End Of Amateurism: The Ncaa And The Sudden Implementation Of Name, Image, And Likeness, Alex Albers
Ohio Northern University Law Review
No abstract provided.
Disqualifying Conduct: How Failure To Regulate The United States Olympic Committee Enables Athlete Abuse,
2023
Pepperdine University
Disqualifying Conduct: How Failure To Regulate The United States Olympic Committee Enables Athlete Abuse, Allison Berquist
Journal of the National Association of Administrative Law Judiciary
In the aftermath of the USA Gymnastics Scandal, Congress passed the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017 and Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020 to protect athletes from abuse. This comment examines how years of unregulated Olympic Sport controlled by the United States Olympic and Paralympic Committee (USOPC) created systems that make young athletes vulnerable to abuse. Part I provides a background of the Olympic Movement, specifically detailing events and legislation that prompted recent legislation. Part II describes the Safe Sport Authorization Act of 2017 and Empowering Olympic, Paralympic, and …
Who Owns Your Name? The Trend And Economic Impact Of Personal Trademarks In The Ncaa Nil Aftermath,
2023
Pepperdine University
Who Owns Your Name? The Trend And Economic Impact Of Personal Trademarks In The Ncaa Nil Aftermath, Daniel Foster
The Journal of Business, Entrepreneurship & the Law
To aid in understanding the prevalence of personal athlete logos and the trend of ownership and design, Section II will outline the history of this area of trademark law in the United States. It will provide background on the theory of trademark ownership and the development of this intellectual property discipline in the athletic and celebrity sphere. Section II will look at the two common and distinct processes, a company-designed logo versus an athlete-designed logo, and the modern trends in this area. Moving on from this historical discussion, Section III will examine the 2021 decision of NCAA v. Alston, the …
Choreography And Copyright: Why The Law Must Twist And Turn To Serve The Dancing Industry,
2023
Pepperdine University
Choreography And Copyright: Why The Law Must Twist And Turn To Serve The Dancing Industry, Gabrielle Mix
The Journal of Business, Entrepreneurship & the Law
With so many hurdles to jump over for choreographers to earn simple rights, it is time to re-evaluate the process of copyright protection for dance. In part A, this comment will discuss the history of copyright law and choreography. Part B will analyze the requirements copyright has placed on choreography and the struggles courts face in applying them. Part C will discuss the spread of online choreography and the difficulties these choreographers face regarding copyright protection. Part D will discuss additional reasons why choreographers are not seeking copyright protection. Part E will discuss the barriers choreographers face in proving infringement, …
Love Doesn't Liv Here Anymore: Legal Battles Onset Between The Pga Tour, Professional Golfers, And The Liv Golf Tour,
2023
Villanova University Charles Widger School of Law
Love Doesn't Liv Here Anymore: Legal Battles Onset Between The Pga Tour, Professional Golfers, And The Liv Golf Tour, Nicole Antolino
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Return To Play In Pa: The Need For Increased Protection For Youth Athletes Impacted By Concussions,
2023
Villanova University Charles Widger School of Law
Return To Play In Pa: The Need For Increased Protection For Youth Athletes Impacted By Concussions, Stephanie Waltersdorff
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Street Smarts: The Race To Patent Rights In Athletic Footwear,
2023
Villanova University Charles Widger School of Law
Street Smarts: The Race To Patent Rights In Athletic Footwear, Sara Desai
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
You Can't Play With Us: Fifty- Year Anniversary Of Title Ix Marred By Trend Of Anti Transgender Inclusion Acts,
2023
Villanova University Charles Widger School of Law
You Can't Play With Us: Fifty- Year Anniversary Of Title Ix Marred By Trend Of Anti Transgender Inclusion Acts, Samantha Gill
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Publicly-Subsidised Stadiums: Changing The Game Through Good Governance,
2023
Villanova University Charles Widger School of Law
Publicly-Subsidised Stadiums: Changing The Game Through Good Governance, Ryan Gauthier
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Hip Hop Turns 50: The End Of A Criminal Cartel,
2023
University of Miami Law School
Hip Hop Turns 50: The End Of A Criminal Cartel, J. Christopher Hamilton
University of Miami Business Law Review
Most people are familiar with superstar rappers like Kanye West, Nicki Minaj, and Drake, who continue to anchor hip-hop in a competitive culture of braggadocio, high fashion, and lethal lyrics. Many are also familiar with the recent deaths of rising stars like King Von, Pop Smoke, PnB Rock, and Takeoff due to gun violence. However, beyond the megastars, melodic music, and the high-profile murders, hip-hop represents a global marketplace valued at over $15 billion, which is shocking considering the poverty surrounding its birth. On the eve of its 50th anniversary in 2023, hip-hop’s position as the dominant form of contemporary …
Copyright And Political Campaigns: How Much Control Should A Copyright Owner Have Over The Use Of Their Musical Work In A Political Campaign,
2023
University of Miami Law School
Copyright And Political Campaigns: How Much Control Should A Copyright Owner Have Over The Use Of Their Musical Work In A Political Campaign, Jared Zim
University of Miami Business Law Review
Music often tells a powerful story, driving emotional connections. As a result, politicians rely on music in every aspect of their political campaigns from political advertisements to campaign rallies. There is a long history of such political uses of music, often without an artist’s permission. While most disputes over such uses have ended in either settlement or the campaign stopping use of the infringed work, former President Donald Trump’s unauthorized use of music on the campaign trail sparked countless artist complaints. The complaining musicians feared any implication that they endorsed Trump and did not want any association with a political …
What You Don’T Know Will Hurt You: Fighting The Privacy Paradox By Designing For Privacy And Enforcing Protective Technology,
2023
Notre Dame Law School
What You Don’T Know Will Hurt You: Fighting The Privacy Paradox By Designing For Privacy And Enforcing Protective Technology, Perla Khattar
Washington Journal of Law, Technology & Arts
The persistence of the privacy paradox is proof that current industry regulation is insufficient to protect consumer’s privacy. Although consumer choice is essential, we argue that it should not be the main pillar of modern data privacy legislation. This article argues that legislation should aim to protect consumer’s personal data in the first place, while also giving internet users the choice to opt-in to the processing of their information. Ideally, privacy by design principles would be mandated by law, making privacy an essential component of the architecture of every tech-product and service.
Consensus’S Consolidation Conundrum,
2023
Georgetown University Law Center
Consensus’S Consolidation Conundrum, James J. Bernstein
Washington Journal of Law, Technology & Arts
In Part I, this piece will highlight the history, basis, and justifications for blockchain systems over the present version of the internet. This section helps to frame where consensus mechanisms may undermine Web3’s core premise. Part II will describe the fundamentals of consensus mechanisms. Thereafter, in Part III this piece will demonstrate the pitfalls of each system - and why proof of stake is not necessarily better at fighting off some of the risks associated with consensus mechanisms. Finally, in Part IV this article offers an architectural solution: introducing a series of new protocols which would increase the cost of …
Genetic Technologies: Patent Protections & The Case For Technology Transfer,
2023
University of Washington School of Law
Genetic Technologies: Patent Protections & The Case For Technology Transfer, Smitha Gundavajhala
Washington Journal of Law, Technology & Arts
Genetic technologies range in scope from agricultural to medical applications. Most recently, during the COVID-19 pandemic, companies like Moderna developed and patented genetic technologies for diagnostic and therapeutic purposes, like the mRNA vaccine. However, patent protection provides these companies with a monopoly that ultimately limits domestic production of generic versions, thus limiting access to life-saving diagnostics and therapeutics. When a company located in one country files a patent for recognition in another country, it effectively places a hold on production of any technologies covered by that patent’s reach, whether that patent is enforced or not. However, the TRIPS Agreement, the …
“Tiktok Told Me I Have Adhd”: Regulatory Outlook For The Telehealth Revolution,
2023
Pace University Elisabeth Haub School of Law
“Tiktok Told Me I Have Adhd”: Regulatory Outlook For The Telehealth Revolution, Kaitlin Campanini
Washington Journal of Law, Technology & Arts
Telehealth’s expansion during the COVID-19 pandemic has drastically changed the approach to healthcare in the United States. This is particularly true in the behavioral health sector where several behavioral telehealth companies have emerged to treat Attention-Deficit/Hyperactivity Disorder (“ADHD”). These companies utilize a direct-to-consumer (“DTC”) model with a virtual platform that connects subscribing patients to medical providers who can treat them for ADHD. Although this telemedicine model emphasizes convenience and efficiency, the reality is that those benefits come at the cost of patient care. The federal regulations promulgated in the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 to curtail …
Comics Art, Cultural Norms, And The Social Consciousness Of Activism In American Democracy,
2023
Cleveland State University
Comics Art, Cultural Norms, And The Social Consciousness Of Activism In American Democracy, Jeffrey Lewis
Cleveland State Law Review
The comic art form’s impact on cultural norms can engender new understandings of rights and shape conceptions of equality in our shared consciousness as a society. Drawing on the 1960s era of social change, this Article examines how comics can produce activism by shaping cultural norms which are reframed, contested, or contextualized to help generate new shared understandings of rights and equality in American democracy. The comic art form should be taken seriously as a medium for activism that can influence changes in social consciousness, illustrated in this Article with examples as diverse as the quiet revolution of the Peanuts …
Deterrence Defeats Doping: How Arbitration Can Resolve Major League Baseball's Performance-Enhancing Drug Problem,
2023
Pepperdine University
Deterrence Defeats Doping: How Arbitration Can Resolve Major League Baseball's Performance-Enhancing Drug Problem, Brice Barnes
Pepperdine Dispute Resolution Law Journal
This article analyzes MLB’s PED policy and proposes amending the policy by arbitrating the agreement to create one that further deters players from using PEDs. The remainder of this article is divided into five parts: Part II discusses the significance of the PED issue and why resolution is necessary; Part III discusses the history of PED use in baseball and the efforts by the League to address it; Part IV proposes the solution of arbitration and explains how the process might work; Part V addresses potential objections to that solution; and finally, Part VI concludes.
Cardozo Aelj Author Interview Series: Scott Semaya, Class Of 2023,
2023
Yeshiva University, Cardozo School of Law
Cardozo Aelj Author Interview Series: Scott Semaya, Class Of 2023, Online Editor
AELJ Blog
The Cardozo AELJ Author Interview Series seeks to give our readers further insight into the Articles and Notes published in the Cardozo Arts & Entertainment Law Journal. In this interview, Scott Semaya discusses his Note, Name, Image and Likeness: Giving College Athletes the Clearest Guidance to Best Profit off Their NIL, which was published in Volume 41, Issue 2.
This post was originally published on the Cardozo Arts & Entertainment Law Journal website on June 6, 2023. The original post can be accessed via the Archived Link button above.
Title Ix Vs. Ncaa: A Gameplan For Championship Equity,
2023
Equity IX, LLC
Title Ix Vs. Ncaa: A Gameplan For Championship Equity, Leigh E. Friestedt
Vanderbilt Journal of Entertainment & Technology Law
In 1972, Congress enacted Title IX of the Education Amendments Act (Title IX) to prohibit sex-based discrimination in “any education program or activity receiving federal financial assistance.” While the original legislation did not stipulate “athletics,” Title IX has had a profound impact on intercollegiate sports by expanding the athletic opportunities for women as a covered “program or activity.” However, fifty years after the enactment of Title IX, there are still significant disparities between men’s and women’s intercollegiate athletics, most notably at the high-profile National College Athletics Association (NCAA or Association) Championships.
In 2021, the NCAA hosted the men’s and women’s …
Through The Looking Glass With Alice: The Current Application And Future Of Title Ix In Athletics,
2023
University of Nebraska College of Law
Through The Looking Glass With Alice: The Current Application And Future Of Title Ix In Athletics, Josephine (Jo) R. Potuto
Vanderbilt Journal of Entertainment & Technology Law
This Article is a snapshot of the past pervasive discriminatory treatment of women in athletics and where women athletes and women’s athletics currently stand. It discusses some of the new challenges for Title IX enforcement—-female transgender athletes and treatment of name, image, and likeness revenues now open to college athletes. It reviews research regarding the physiological, hormonal, metabolic, body size and composition, and brain and neurological differences between men and women and how these factors impact both athletic performance and athletic interest. Finally, this Article concludes that the Title IX three-pronged test to assure gender equity in athletic participation opportunities …
