Class Certification Issues: In Re: National Football League Concussion Injury Litigation,
2016
Pace University
Class Certification Issues: In Re: National Football League Concussion Injury Litigation, Jessica Leigh Hawley
Pace Intellectual Property, Sports & Entertainment Law Forum
This paper will discuss whether the prerequisites of the Federal Rules of Civil Procedure, Rule 23, were properly applied in the certification of the class in the NFL Concussion Injury Litigation, with an emphasis on typicality. Discussion will begin with the general rule of class actions and drafter’s intent when the rule was enacted. It will then discuss the major amendment to the rule and the purpose of the amendment with a focus on typicality, and clarify the standard for the typicality requirement with a discussion of the United States Supreme Court decision in Amchem v. Georgine. The discussion then …
Pwnd Or Owned? The Right Of Publicity And Identity Ownership In League Of Legends,
2016
Pace University
Pwnd Or Owned? The Right Of Publicity And Identity Ownership In League Of Legends, Adam Levy
Pace Intellectual Property, Sports & Entertainment Law Forum
E-sports is a new and growing form of entertainment, where gamers at the peak level of their skill compete for prestige and prizes. The contracts these athletes have are evident of a problem within the legal field of the right of publicity: there are few, if any, protections for individuals who want to license their right of publicity. The growth of E-sports has shown us the caveat emptor approach taken by courts does not adequately protect the licensee from having their privacy intruded upon. Adopting a set of standards for licensing the right of publicity would protect the privacy of …
The Wrong Of Publicity,
2016
Pace Law School
The Wrong Of Publicity, Albert Vetere
Pace Intellectual Property, Sports & Entertainment Law Forum
The right of publicity has been, since at least 1977, a recognized concept. It was used, much like the other areas of intellectual property law to protect what a person had worked hard to create, in this case the concept of themselves. Their creativity in making themselves known and in having an "act" was worth protecting. However, the right of publicity has drastically changed since its conception. What is has become in the past almost forty years is a strange amalgamation of concepts, protected by laws that were never meant to be used to protect it in the first place. …
The Celebrity Behind The Brand International Protection Of The Right Of Publicity,
2016
Pace University
The Celebrity Behind The Brand International Protection Of The Right Of Publicity, Eliana Torres
Pace Intellectual Property, Sports & Entertainment Law Forum
Part I of the article provides an overview of the right of publicity and its history. It presents the importance of this right, particularly for celebrities, and it focuses on the influence of the entertainment and sports industries in a global economy. Then, it analyzes the major differences in level of protection, scope and length, starting with the United States. Then it uses the standard in the United States and compares it with the protection offered in 22 selected jurisdictions based on a survey report by Kenyon & Kenyon titled Getting the Deal Through. Then, it addresses potential challenges to …
3d Printing And Healthcare: Will Laws, Lawyers, And Companies Stand In The Way Of Patient Care?,
2016
Pace University
3d Printing And Healthcare: Will Laws, Lawyers, And Companies Stand In The Way Of Patient Care?, Evan R. Youngstrom
Pace Intellectual Property, Sports & Entertainment Law Forum
Today, our society is on a precipice of significant advancement in healthcare because 3D printing will usher in the next generation of medicine. The next generation will be driven by customization, which will allow doctors to replace limbs and individualize drugs. However, the next generation will be without large pharmaceutical companies and their justifications for strong intellectual property rights. However, the current patent system (which is underpinned by a social tradeoff made from property incentives) is not flexible enough to cope with 3D printing’s rapid development. Very soon, the social tradeoff will no longer benefit society, so it must be …
True Criminal?: An Analysis And Discussion Of The Crimes Committed By Detective Rustin Cohle In Season One Of Hbo’S Mini-Series True Detective,
2016
West Virginia University
True Criminal?: An Analysis And Discussion Of The Crimes Committed By Detective Rustin Cohle In Season One Of Hbo’S Mini-Series True Detective, Kevin J. Cimino
Pace Intellectual Property, Sports & Entertainment Law Forum
The purpose of this Article is to identify and discuss the numerous laws that Cohle broke during the course of the eight episodes – each episode is discussed separately in Sections II through IX. Here, an extremely important point needs to be made – this Article is not intended to pinpoint exactly how many laws that Cohle would likely be convicted of violating; rather, as is the case generally in the legal profession, many of the actual offenses and charges would be subject to prosecutorial discretion and therefore reasonable minds may disagree with the exact charge. To the extent possible, …
“Finding The 'Public' In 'Public Disrepute” – Would The Cultural Defense Make A Difference In Celebrity And Sports Endorsement Contract Disputes? - The Case Of Michael Vick And Adrian Peterson, Toni Lester
Pace Intellectual Property, Sports & Entertainment Law Forum
This article will explore this issue by engaging in case studies of the Vick and Peterson scandals to see what would have happened had the two men taken their claims against Nike to court. Part One will discuss the cases in more depth and elaborate on how they might be viewed through the lens of cultural relativity theory and the cultural defense. Part Two will elaborate on what morals clauses are and the legal standards courts use to enforce them. In addition to examining the Mendenhall decision, several other court cases will be discussed, each of which places differing levels …
Keynote Address: A Sure Bet? The Legal Status Of Daily Fantasy Sports,
2016
Baruch College, Zicklin School of Business
Keynote Address: A Sure Bet? The Legal Status Of Daily Fantasy Sports, Marc Edelman
Pace Intellectual Property, Sports & Entertainment Law Forum
Today, I will provide an overview of the legal status of “daily fantasy sports” and explain why the legality—or illegality—of the industry is not a sure bet. I will begin by providing a brief background of the origins of fantasy sports, and then turn to the impact of technologies such as the Internet, and the legal status of these games under both federal and state laws. I will conclude by discussing the recent efforts to regulate “daily fantasy sports” through the courts and legislation
Through The Looking Glass: Copyright Protection In The Virtual Reality Of Second Life,
2016
University of Georgia School of Law
Through The Looking Glass: Copyright Protection In The Virtual Reality Of Second Life, Harris Weems Henderson
Georgia Journal of Law & Technology
No abstract provided.
Taking A Bite Out Of Michael Vick's Publicity Rights: An Analysis Of How Teh Right Of Publicity Should Be Treated After A Celebrity Is Convicted Of A Crime,
2016
University of Georgia School of Law
Taking A Bite Out Of Michael Vick's Publicity Rights: An Analysis Of How Teh Right Of Publicity Should Be Treated After A Celebrity Is Convicted Of A Crime, Stephen Reginald Fowler
Georgia Journal of Law & Technology
No abstract provided.
The Thrill Of Victory, And The Agony Of The Tweet: Online Social Media, The Non-Copyrightability Of Events, And How To Avoid A Looming Crisis By Changing Norms,
2016
University of Georgia School of Law
The Thrill Of Victory, And The Agony Of The Tweet: Online Social Media, The Non-Copyrightability Of Events, And How To Avoid A Looming Crisis By Changing Norms, Jason Richard Sheppard
Georgia Journal of Law & Technology
No abstract provided.
The Performance Rights Act And American Participation In International Copyright Protection,
2016
University of Georgia School of Law
The Performance Rights Act And American Participation In International Copyright Protection, Jennifer Leigh Pridgeon
Georgia Journal of Law & Technology
No abstract provided.
First Steps In Building An Intellectual Property Program And Portfolio,
2016
Baker Botts LLP
First Steps In Building An Intellectual Property Program And Portfolio, Jeffrey D. Sullivan
Georgia Journal of Law & Technology
No abstract provided.
The Future Of Music: Reconfiguring Public Performance Rights,
2016
University of Mississippi School of Law
The Future Of Music: Reconfiguring Public Performance Rights, Gary Myers, George Howard
Georgia Journal of Law & Technology
No abstract provided.
Gray Area: Court Of Arbitration For Sport Says Neigh To Reconsidering Strict Liability For Equestrian Sport,
2016
Villanova University Charles Widger School of Law
Gray Area: Court Of Arbitration For Sport Says Neigh To Reconsidering Strict Liability For Equestrian Sport, Mary Zoeller
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Hanging On By A "Tail": New Jersey's 2014 Effort To Legalize Sports Gambling Stays Alive In The Third Circuit,
2016
Villanova University Charles Widger School of Law
Hanging On By A "Tail": New Jersey's 2014 Effort To Legalize Sports Gambling Stays Alive In The Third Circuit, Amelia Curotto
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Major League Broadcasting: The Deleterious Effects Of Major League Baseball's Antitrust Exemption On Nevada Consumers With No Home Team,
2016
University of Nevada, Las Vegas -- William S. Boyd School of Law
Major League Broadcasting: The Deleterious Effects Of Major League Baseball's Antitrust Exemption On Nevada Consumers With No Home Team, Andrew P. Dunning, Kerry E. Kleiman
Nevada Law Journal
No abstract provided.
A Changing Game: Challenging The Status Quo In Sports Law,
2016
Villanova University Charles Widger School of Law
A Changing Game: Challenging The Status Quo In Sports Law, Andrew Brandt, David Falk, Jusin Tuck, David Apfel
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
To Educate Or To Make A Profit: Compensating College Athletes' Families For Travelling Expenses,
2016
Villanova University Charles Widger School of Law
To Educate Or To Make A Profit: Compensating College Athletes' Families For Travelling Expenses, Sarah L. Holzhauer
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Lights, Camera, … Injury! The Nba Needs To Ban Courtside Cameramen,
2016
Villanova University Charles Widger School of Law
Lights, Camera, … Injury! The Nba Needs To Ban Courtside Cameramen, Joshua D. Winneker, Philip Schultze, Sam C. Ehrlich
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
