Of Hitler And Camille Pissarro: Jurisdiction In Nazi Art Expropriation Cases Under The Foreign Sovereign Immunity Act, 2011 Fordham Law School
Of Hitler And Camille Pissarro: Jurisdiction In Nazi Art Expropriation Cases Under The Foreign Sovereign Immunity Act, Elnaz Zarrini
Fordham Journal of Corporate & Financial Law
In November 1938, Walter Westfield, a renowned Jewish art dealer in Germany, was arrested, beaten, and imprisoned by the Nazis for an alleged violation of currency exchange laws.1 The true purpose of the arrest was to seize Westfield’s art collection for private resale, “a typical practice of the Nazi government.”2 On December 12 and 13 of the following year, a portion of Westfield’s art collection was seized and auctioned off through an order of the District Attorney’s Office Dusseldorf.3 In 1943, three years after Westfield was fined for the alleged violation and later sent to the Auschwitz death camp and …
More Speech: Preempting Privacy Tourism, 2011 UC Law SF
More Speech: Preempting Privacy Tourism, Stephen Bates
UC Law SF Communications and Entertainment Journal
Many commentators have decried the phenomenon of "libel tourism," where a plaintiff brings a libel suit in a country that affords minimal protection to free expression, even though the defendant and the publication at issue have little connection to the country. In particular, London has often been called the libel capital of the worldfirst, because British libel law strongly favors plaintiffs; and second, because a British court will accept jurisdiction over a libel suit if only a few copies of the publication have circulated there. In 2010, the United States responded to the threat of libel tourism by enacting the …
Dainty Hands: Perceptions Of Women And Crime In Sherlock Holmes Stories, 2011 UC Hastings College of the Law
Dainty Hands: Perceptions Of Women And Crime In Sherlock Holmes Stories, Hadar Aviram
Faculty Scholarship
No abstract provided.
The Better Angels Of Our Fanfiction: The Need For True And Logical Precedent, 2011 UC Law SF
The Better Angels Of Our Fanfiction: The Need For True And Logical Precedent, Stacey M. Lantagne
UC Law SF Communications and Entertainment Journal
Music sampling has become a well-respected form of art. So why isn't the same true of fanfiction, which follows similar parameters? Without the benefit of a true and well-reasoned legal precedent, fanfiction has existed in a gray area dominated by highly emotional arrguments. However, most of the emotional arguments offered against fanfiction actually support a finding that fanfiction is fair use. Authors would be better served by stripping the emotion from the discussion.
Legislative And Regulatory Strategies For Providing Consumer Safeguards In A Convergent Information And Communications Marketplace, 2011 UC Law SF
Legislative And Regulatory Strategies For Providing Consumer Safeguards In A Convergent Information And Communications Marketplace, Rob Frieden
UC Law SF Communications and Entertainment Journal
The Federal Communications Commission desires to apply a single regulatory category to services and service providers, a process the Commission can achieve when ventures concentrate on one function and offer one readily identifiable service, such as telephony. However, technological convergence, digitization and the ability of the Internet to handle many different service types within a single bitstream now make it possible for companies to offer "quadruple play" bundles of wireless and wireline telephony, video, and Internet access services. Following Comcast Corp. v. FCC, the FCC must rethink how to best serve the public interest and safeguard consumers. Absent a legislative …
The Parents Television Council Uncensored: An Inside Look At The Watchdog Of The Public Airwaves And The War On Indecency With Its President, Tim Winter, Clay Calvert, Robert D. Richards
UC Law SF Communications and Entertainment Journal
This article addresses the Federal Communication Commission's ("FCC") controversial and contested regulation of indecency on the broadcast airwaves. It pivots on an exclusive in-person interview conducted by the authors in Los Angeles in June 2010 with Tim Winter, president of the Parents Television Council ("PTC"). The PTC is perhaps the most vociferous-and controversial-public watchdog on broadcast indecency, with its members filing thousands and thousands of indecency complaints with the FCC each year. The article is especially timely because, in July 2010, the U.S. Court of Appeals for the Second Circuit in Fox Television Stations v. FCC declared the FCC's indecency …
File Sharing Is Dead! Long Live File Sharing! Recent Developments In The Law Of Secondary Liability For Copyright Infringement, 2011 UC Law SF
File Sharing Is Dead! Long Live File Sharing! Recent Developments In The Law Of Secondary Liability For Copyright Infringement, Christian E. Mammen
UC Law SF Communications and Entertainment Journal
In the past several years, courts have issued a number of rulings on the issue of online service providers' secondary liability for copyright infringement in connection with online file sharing. Overall, it appears that the larger, more established providers who "play fair" with content owners tend to fare better than brasher, more rebellious providers. Is this correct because more rebellious providers are guiltier than the established ones? Or is there a double standard at play? Could the brash, rebellious "bad guys" ever win the protection of the safe harbor? It is difficult to make a direct apples-to-apples comparison, because each …
Is Your Furniture Spying On You?: Covert Use Of Gps In Advertising, 2011 UC Law SF
Is Your Furniture Spying On You?: Covert Use Of Gps In Advertising, Brandy Worden
UC Law SF Communications and Entertainment Journal
Advancements in technology have been paired with advertising. The result is personalized, but at times intrusive, advertising tactics. The Note uses an advertising campaign titled "The Real Good Experiment" ("the Experiment") as a case study to examine how advertising invades our personal spheres, and also how the legal framework should be fortified to protect consumer privacy.
The subjects of the Experiment brought furniture that had been seemingly abandoned into their homes only to later discover that the furniture had GPS devices hidden within them. The Note considers various categories of legal protection available when advertising invades consumer privacy. The Note …
Effective Reader Privacy For Electronic Books: A Proposal, 2011 UC Law SF
Effective Reader Privacy For Electronic Books: A Proposal, Jennifer Elmore
UC Law SF Communications and Entertainment Journal
Historically, reader privacy has been heavily protected in the United States. Numerous library laws, bookstore laws, and Supreme Court opinions have affirmed and upheld reader privacy for traditional paper books. However, electronic readers and electronic books are becoming increasingly popular. These new devices are undoubtedly beneficial; however, with this new technology comes increased privacy concerns. The electronic format allows the reading and purchasing habits of consumers to be tracked in a way that was formerly impossible with traditional books. Electronic readers often track which books are purchased, which pages are read, and more. Additionally, the laws that apply to traditional …
All Your Face Are Belong To Us: Protecting Celebrity Images In Hyper-Realistic Video Games, 2011 UC Law SF
All Your Face Are Belong To Us: Protecting Celebrity Images In Hyper-Realistic Video Games, Krista Correa
UC Law SF Communications and Entertainment Journal
As the law is currently structured, there is no clear protection for a celebrity who is personally offended (but not financially harmed) by another party's use of that celebrity's image. This lack of clarity is particularly problematic today due to the hyperrealism of nextgeneration video games. This article begins with a review of the legal rights and remedies currently available to a celebrity whose face or image is used by a game developer without the celebrity's consent. Part II of the article considers whether the current regime provides sufficient protection, while Part III turns to other sources of law and …
Why Copperweld Was Actually Kind Of Dumb: Sound, Fury And The Once And Still Missing Antitrust Theory Of The Firm, 2011 Villanova University Charles Widger School of Law
Why Copperweld Was Actually Kind Of Dumb: Sound, Fury And The Once And Still Missing Antitrust Theory Of The Firm, Chris Sagers
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Born To Be Used In The Usa: An Alternative Avenue For Evaluating Politicians' Unauthorized Use Of Original Musical Performances On The Campaign Trail, 2011 Villanova University Charles Widger School of Law
Born To Be Used In The Usa: An Alternative Avenue For Evaluating Politicians' Unauthorized Use Of Original Musical Performances On The Campaign Trail, Matthew J. Cursio
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Caster Semenya And The Myth Of A Level Playing Field, 2011 Western New England University School of Law
Caster Semenya And The Myth Of A Level Playing Field, Erin E. Buzuvis
Faculty Scholarship
In August of 2009, policies and procedures to verify the sex of female athletes were called into question when South African runner Caster Semenya
won the 800 meter event of the World Championships in Berlin. Responding to rumors of gender fraud, and fueled by Semenya’s speed, musculature, and deep voice, the International Association of Athletics Federations (IAAF) requested that Semenya submit to sex verification to confirm her eligibility for the women’s division.
This Article discusses the International Olympic Committee's (IOC) policy on sex testing, the myth of sex-verification testing, and the myth of the level playing field. It concludes with …
The Ncaa And The Right Of Publicity: How The O'Bannon/Keller Case May Finally Level The Playing Field, 2011 UC Law SF
The Ncaa And The Right Of Publicity: How The O'Bannon/Keller Case May Finally Level The Playing Field, Julia Brighton
UC Law SF Communications and Entertainment Journal
This note explores the potential impact of litigation pending against the National Collegiate Athletic Association ("NCAA"), the national governing body that.oversees college sports. The NCAA and its licensing partners make enormous profits from the sale of collegiate-branded merchandise. College athletes, on the other hand, are prevented from making money from commercial use of their names and likenesses by the NCAA's strict rules regarding amateurism. Former collegiate stars Ed O'Bannon and Sam Keller have accused the NCAA of profiting beyond the bounds of fairness by securing for itself and its member universities the exclusive right to all of the proceeds from …
I Can Has Lawyer? The Conflict Between The Participatory Culture Of The Internet And The Legal Profession, 2011 UC Law SF
I Can Has Lawyer? The Conflict Between The Participatory Culture Of The Internet And The Legal Profession, Lucille A. Jewel
UC Law SF Communications and Entertainment Journal
The Internet allows citizens to comment on public affairs with an amplified and unfiltered voice, creating an open, community-based "participatory culture" where robust debate flourishes. However, many of the ideals and practices of participatory culture clash with the traditional legal culture as it exists in the United States. This cultural conflict can be seen in emerging narratives, in the form of web blogs and lawyer emails that go "viral," in which lawyers comment on the lack of humanism within big law firm hiring and firing practices; expose the alienating work environments experienced by low-level contract attorneys; or criticize judges who …
Cultural Losses And Cultural Gains: Ethical Dilemmas In Wwii-Looted Art Repatriation Claims Against Public Institutions, 2011 UC Law SF
Cultural Losses And Cultural Gains: Ethical Dilemmas In Wwii-Looted Art Repatriation Claims Against Public Institutions, Erin L. Thompson
UC Law SF Communications and Entertainment Journal
Alongside their campaign of physically exterminating the Jewish population of Europe, the Nazis carried out a highly organized plan of cultural genocide which involved the confiscation or forced sale of hundreds of thousands of pieces of art. Although a sizable number of these works were returned to their owners or their heirs by the Allied forces after the war, many disappeared into the hands of private possessors. Many remain hidden in private collections, but a number of these artworks were given to or purchased by museums or other public institutions. In recent decades, the heirs of Holocaust victims have been …
Introduction, In Critical Concepts In Intellectual Property Law: Copyright, 2011 University of Pennsylvania Carey Law School
Introduction, In Critical Concepts In Intellectual Property Law: Copyright, Christopher S. Yoo
All Faculty Scholarship
The two-volume set entitled Critical Concepts in Intellectual Property Law: Copyright brings together a thought-provoking collection of landmark and recent scholarship on copyright. Section 1 of Volume I focuses on the history of copyright, with Tyler Ochoa and Mark Rose providing an example of the prevailing interpretation of the history and articles by Thomas Nachbar and by William Treanor and Paul Schwartz offering fresh takes on the early English and American experiences. Section 2 focuses on copyright’s philosophical foundations, framed by the work of Justin Hughes and followed by revisionist perspectives on Lockean and Hegelian theory offered by Seana Shiffrin …
Upper-Level Courses: Three Exemplars, 2011 Western New England University School of Law
Upper-Level Courses: Three Exemplars, Eric J. Gouvin, Mark Fagan, Tamar Frankel, Kathy Z. Heller
Faculty Scholarship
This Article presents three exemplars of upper-level law school classes, and is divided into three parts. Part I discusses "Securitization and Asset-Backed Securities"; Part II discusses "Using Transactions to Teach Secured Transactions"; and Part III discusses "Teaching Deals Through a Focus on the Entertainment Industry."
Time To Bury The Tomahawk Chop: An Attempt To Reconcile The Differing Viewpoints Of Native Americans And Sports Fans, 2011 University of Oklahoma College of Law
Time To Bury The Tomahawk Chop: An Attempt To Reconcile The Differing Viewpoints Of Native Americans And Sports Fans, Justin P. Grose
American Indian Law Review
No abstract provided.
Cut In Tiny Pieces: Ensuring That Fragmented Ownership Does Not Chill Creativity, 2011 IIT Chicago-Kent College of Law
Cut In Tiny Pieces: Ensuring That Fragmented Ownership Does Not Chill Creativity, Henry H. Perritt Jr.
All Faculty Scholarship
The market for video entertainment is growing and becoming more diverse as technology reduces barriers to entry for small, independent moviemakers and distributors and increases consumers’ ability to access the media of their choice. The growing complexity of the market, however, increases transaction costs for new entrants who must obtain licenses to copyrighted music, characters, storylines, or scenes that they incorporate into their movies. The entertainment bonanza offered by new technologies may not be realized in practice because of market failure. The purposes of the Copyright and Patents Clause are frustrated because creators of new works wishing to use new …