Art & The “Public Trust” In Municipal Bankruptcy,
2016
University of Kentucky College of Law
Art & The “Public Trust” In Municipal Bankruptcy, Brian L. Frye
Law Faculty Scholarly Articles
In 2013, the City of Detroit filed the largest municipal bankruptcy action in United States history, affecting about $20 billion in municipal debt. Unusually, Detroit owned its municipal art museum, the Detroit Institute of Arts (“DIA”) and all of the works of art in the DIA collection, which were potentially worth billions of dollars. Detroit’s creditors wanted Detroit to sell the DIA art in order to satisfy its debts. Key to the confirmation of Detroit’s plan of adjustment was the DIA settlement, under which Detroit agreed to sell the DIA art to the DIA corporation in exchange for $816 million …
Fight Terror, Not Twitter: Insulating Social Media From Material Support Claims,
2016
Loyola Marymount University and Loyola Law School
Fight Terror, Not Twitter: Insulating Social Media From Material Support Claims, Nina I. Brown
Loyola of Los Angeles Entertainment Law Review
No abstract provided.
Law Library Blog (October 2016): Legal Beagle's Blog Archive,
2016
Roger Williams University
Law Library Blog (October 2016): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Reskins: The Property Right To Racism,
2016
Texas Tech University School of Law
Reskins: The Property Right To Racism, M. Alexander Pearl
Cardozo Law Review
Everyone has an opinion, from President Obama to Matthew McConaughey, about the Washington football team name. This Article comprehensively analyzes the legal and social issues surrounding the mascot controversy. I focus my inquiry on the interaction of trademark law and Indian law. I offer three primary contributions in this Article. First, the current mainstream conception of harm caused by the team name is subjective, and I argue that the harm caused by the team name and logo is objective, testable, and demonstrable, Psychological research shows that these images harm Native people. Second, the remedies offered by the Lanham Act are …
Catwalk Copycats: Why Congress Should Adopt A Modified Version Of The Design Piracy Prohibition Act,
2016
University of Georgia School of Law
Catwalk Copycats: Why Congress Should Adopt A Modified Version Of The Design Piracy Prohibition Act, Laura C. Marshall
Georgia Journal of Law & Technology
No abstract provided.
Is Home Recording Dead? A Discussion Of The Atlantic V. Xm Satellite Radio Litigation And Audio Home Recording Rights,
2016
University of Georgia School of Law
Is Home Recording Dead? A Discussion Of The Atlantic V. Xm Satellite Radio Litigation And Audio Home Recording Rights, Kevin M. Dious
Georgia Journal of Law & Technology
No abstract provided.
We're Not Gonna Take It!: Limiting The Right Of Publicity's Concept Of Group Identity For The Good Of Intellectual Property, The Music Industry, And The People,
2016
University of Georgia School of Law
We're Not Gonna Take It!: Limiting The Right Of Publicity's Concept Of Group Identity For The Good Of Intellectual Property, The Music Industry, And The People, Andrew W. Eaton
Georgia Journal of Law & Technology
No abstract provided.
Regulating Lolicon: Toward Japanese Compliance With Its International Legal Obligations To Ban Virtual Child Pornography,
2016
University of Georgia School of Law
Regulating Lolicon: Toward Japanese Compliance With Its International Legal Obligations To Ban Virtual Child Pornography, Cory L. Takeuchi
Georgia Journal of International & Comparative Law
No abstract provided.
Speaking From The Grave. Should Copyright Listen?,
2016
Boston University School of Law
Speaking From The Grave. Should Copyright Listen?, Jessica Silbey
Faculty Scholarship
Should authors be able to control the use of their work after they die? It’s a question that touches deep personal and public concerns. It resonates with longstanding debates in literary studies over the “death of the author” and “authorial intent,” and is an issue that Professor Eva Subotnik tackles in her latest article, Artistic Control After Death (forthcoming in the Washington Law Review).
Currently, U.S. copyright expires 70 years after the author’s death so that control of an author’s copyrights extends far into the future. Long after an author creates a work, often decades after publication and the work’s …
Squeezing "The Juice": Can The Right Of Publicity Be Used To Satisfy A Civil Judgment?,
2016
University of Georgia School of Law
Squeezing "The Juice": Can The Right Of Publicity Be Used To Satisfy A Civil Judgment?, Hastings H. Beard
Georgia Journal of Law & Technology
No abstract provided.
Infringicus Maximus! An Exploration Of Motion Picture Title Protection In An International Film Industry Through The Legal Battles Of Harry Potter,
2016
University of Georgia School of Law
Infringicus Maximus! An Exploration Of Motion Picture Title Protection In An International Film Industry Through The Legal Battles Of Harry Potter, Emily Kathryn Tyler
Georgia Journal of Law & Technology
No abstract provided.
Phillips Has Left Vara Little Protection For Site-Specific Artists,
2016
University of Georgia School of Law
Phillips Has Left Vara Little Protection For Site-Specific Artists, Lauren Ruth Spotts
Georgia Journal of Law & Technology
No abstract provided.
"Hang 'Em High": Will The Recording Industry Association Of America's New Plan To Posse Up With Internet Service Providers In The Fight Against Online Music Piracy Finally Tame The Wild Internet?, John Eric Seay
Georgia Journal of Law & Technology
No abstract provided.
United States-Cuba Normalized Relations And The Mlb Influence: The Baseball Coalition Committee,
2016
University of Miami Law School
United States-Cuba Normalized Relations And The Mlb Influence: The Baseball Coalition Committee, Aaron Klein, Jake E. Marcus
University of Miami Inter-American Law Review
This note explores the past, present, and future of the path for Cuban baseball players into MLB. Specifically, this note will explore the late-2014 agreement between the United States and Cuba to normalize relations and its anticipated impact on MLB. Part I provides an extensive historical context of the relationship between the two countries with a focus on the effect that baseball has had on the relationship. Part II draws attention to MLB’s current policies and the resulting hardships faced by Cuban baseball players embark on the journey from Serie Nacional to MLB. Part III concentrates on the legal issues …
Isis’S Get Rich Quick Scheme: Sell The World’S Cultural Heritage On The Black Market—Purchasers Of Isis-Looted Syrian Artifacts Are Not Criminally Liable Under The Nspa And The Mcclain Doctrine In The Eleventh Circuit,
2016
University of Miami Law School
Isis’S Get Rich Quick Scheme: Sell The World’S Cultural Heritage On The Black Market—Purchasers Of Isis-Looted Syrian Artifacts Are Not Criminally Liable Under The Nspa And The Mcclain Doctrine In The Eleventh Circuit, Lindsey Lazopoulos Friedman
University of Miami Law Review
This article explores how an individual importing a looted artifact may face prosecution and liability in the Eleventh Judicial Circuit. The article begins with a background section that provides additional information about the history of ISIS and ISIS’s current plundering scheme. The background section also provides the legal framework and historical treatment of looted art and stolen artifacts. In particular, this section explains the Eleventh Circuit doctrine on this issue, the McClain doctrine. The McClain doctrine applies the National Stolen Property Act (“NSPA”) to foreign found-in-the-ground claims. Supporters of the doctrine argue that it helps “prevent looting internationally without placing …
The Audacity Of Schooling’S Faith,
2016
Singapore Management University
The Audacity Of Schooling’S Faith, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
For a young country starved of sporting success on the world stage, Singapore has lionised and feted its Rio Oympics hero, Joseph Schooling, since his sensational victory in the 100m butterfly event — and rightfully so.
Recent Decisions: Motion Picture Censorship,
2016
St. John's University School of Law
Copyrightability Of Music Compilations And Playlists: Original And Creative Works Of Authorship?,
2016
Pace University
Copyrightability Of Music Compilations And Playlists: Original And Creative Works Of Authorship?, Marc A. Fritzsche
Pace Intellectual Property, Sports & Entertainment Law Forum
Music compilations and playlists have a common nucleus of an act of gathering songs and ordering them. Their selection and arrangement can be decisive of the success and therefore can be valuable. And here is where the legal issues about their ownership arise: Are music compilations and playlists protectable under the regime of Copyright Law? This article will discuss the legal and practical issues connected with that question. Thereby, it will consider the United States, Europe in general and also the United Kingdom and Germany in particular. The individual legal systems and statutes will be analyzed, as well as the …
The Chicago Cubs From 1945: History’S Automatic Out,
2016
Monroe College
The Chicago Cubs From 1945: History’S Automatic Out, Harvey Gilmore
Pace Intellectual Property, Sports & Entertainment Law Forum
Since 1945, many teams have made it to the World Series and have won. The New York Yankees, Philadelphia/Oakland Athletics, and St. Louis Cardinals have won many. The Boston Red Sox, Chicago White Sox, and San Francisco Giants endured decades-long dry spells before they finally won the World Series. Even expansion teams like the New York Mets, Toronto Blue Jays, Kansas City Royals, and Florida Marlins have won multiple championships. Other expansion teams like the San Diego Padres and Texas Rangers have been to the Fall Classic multiple times, although they did not win. Then we have the Chicago Cubs. …
Ncaa – An Overview Of Socioeconomic Status’S Impact On College Athletes, And The Regulations And Impact That Can Revolutionize The Amateurism World,
2016
Pace Law School
Ncaa – An Overview Of Socioeconomic Status’S Impact On College Athletes, And The Regulations And Impact That Can Revolutionize The Amateurism World, Bryan Kelly
Pace Intellectual Property, Sports & Entertainment Law Forum
This article will begin with a review of the rules and regulations concerning the likeness of athletes, and amateurism status used by the NCAA. It will also shed light on several key cases including: Oliver v. NCAA, Keller v. NCAA, and O’Bannon v. NCAA. After that, a discussion of how one’s socioeconomic status further illustrates that the ongoing problem with the current NCAA amateurism system. Finally, this paper will present suggestions for solving the current issues with the NCAA amateurism system, and provide different alternatives that the NCAA could take to revolutionize the world of amateurism, while remaining profitable.
