Entertainment, Arts, and Sports Law Commons^™

An Incomplete Pass: Inadequacies In Ohio's Youth Concussion Legislation And The Ongoing Risk For Players, Andrew J. Kane

Journal of Law and Health

Broadly, this paper questions whether Ohio’s recently enacted youth concussion legislation adequately addresses the public health issue of sport-related brain injury, and contends that it does not. To that end, it first addresses the significance of traumatic brain injuries, including concussions, explaining that the failure to protect youth athletes from these potentially fatal conditions has largely resulted from a lack of awareness of their influence on neurological functions, and of their potential to cause serious brain injury. Next, this paper examines several legislative responses enacted by other states, all of which were in place before Ohio’s, and compares the recently …

Clearing Rights For Entertainment Projects, Mary Lafrance

Scholarly Works

No abstract provided.

Intentional Pass: Analyzing Baseball's Antitrust Exemption As Applied To Broadcasting Agreements In Laumann V. National Hockey League, Jacob M. Ware

Georgia Law Review

For more than a half-century, Major League Baseball's exemption from antitrust laws has intrigued sports fans and legal scholars alike. It seems only fitting that America's pastime would have an exemption with origins as mysterious and debated as the sport itself. Created by the Supreme Court and reinforced by Congress, the "baseball exemption" in the modern era continues to generate litigation. Like an umpire determining whether a baseball is fair or foul, courts today must judge the boundaries of baseball's exemption. Major League Baseball's owners may benefit from the exemption, but its fans often pay the price. The League has …

Danger In The Dmca Safe Harbors: The Need To Narrow What Constitutes Red Flag Knowledge, Hank Fisher

University of Richmond Law Review

No abstract provided.

Traumatic Brain Injury And The Law: Introduction, Sean O'Brien, Kenneth D. Ferguson

Faculty Works

Introduction to UMKC Law Review symposium issue focusing on the intersection of traumatic brain injuries (TBI) and the law.

Registering Offense: The Prohibition Of Slurs As Trademarks, Christine Haight Farley

Contributions to Books

Since 1967, Pro-Football has registered six marks that include the term “redskins,” a derogatory racial epithet that refers to Native Americans. The use of disparaging marks dates back to the 19th century when brands commercialized racial stereotypes, such as Aunt Jemima. Today, offensive marks, including those that ridicule race, ethnicity, gender and religion are proliferating prompting the question of what role trademark law plays in protecting the interests of diverse communities. Section 2(a) of the Lanham Act prohibits the registration of marks that consist of matter that may disparage or bring into contempt or disrepute any person, institution, or belief. …

Apple Pie Propaganda? The Smith–Mundt Act Before And After The Repeal Of The Domestic Dissemination Ban, Weston R. Sager

Northwestern University Law Review

For over sixty years, the Smith–Mundt Act prohibited the U.S. Department of State and the Broadcasting Board of Governors (BBG) from disseminating government-produced programming within the United States over fears that these agencies would “propagandize” the American people. However, in 2013, Congress abolished the domestic dissemination ban, which has led to a heated debate about the role of the federal government in free public discourse. Although the 2013 repeal of the domestic dissemination ban promotes greater government transparency and may help counter anti-American sentiment at home, it also gives the federal government great power to covertly influence public opinion. To …

Copyrights And Creativity: The Affects Of Copyrights On Fairy Tales, Dina Arouri

Honors Program Theses

This work attempts to argue for a correlative relationship between copyright law and the evolution of literary works. It uses the laws and common practices of intellectual property to achieve this hypothesis.

On The Antitrust Exemption For Professional Sports In The United States And Europe, Leah Farzin

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Ncaa Division I Athletic Directors: An Analysis Of The Responsibilities, Qualifications And Characteristics, Glenn M. Wong, Christopher R. Deubert, Justin Hayek

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Ncaa V. N.J.: New Jersey Rolls The Dice On A Tenth Amendment Challenge To The Professional And Amateur Sports Protection Act, Joshua M. Peles

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Power Play: Why Nhl's Prohibition On Player Participation In Future Olympics Would Violate Sherman Antitrust Act, Ross O'Neill

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Total Eclipse Of The Tweet: How Social Media Restrictions On Student And Professional Athletes Affect Free Speech, Tehrim Umar

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Disruption And Deference, Olivier Sylvain

Faculty Scholarship

Online video streaming applications enable users to watch over the-air broadcast programs at any time and almost on any device. As such, they challenge the pertinence of traditional video distribution law and the broadcast network system on which it is based. Congress enacted the Transmit Clause of the 1976 Copyright Act to resolve the high-stakes tussle between broadcasters and cable providers. But, today, that provision is ill-suited to resolving whether unauthorized streaming infringes on broadcasters’ copyright to perform works publicly. Its scope is ambiguous enough that judges across the country were notably divided on whether it reaches online video distribution—that …

A Rapid Reaction To O'Bannon: The Need For Analytics In Applying The Sherman Act To Overly Restrictive Joint Venture Schemes, Stephen F. Ross, Wayne Desarbo

Faculty Scholarship

This Article reviews the recent and highly publicized district court decision holding that NCAA rules, which bar student-athletes from any compensation for image rights, violated the Sherman Act, and that big-time athletic programs could lawfully agree among themselves to limit compensation to $5,000 annually in trust for each athlete upon leaving school. This Article briefly discusses why the decision correctly found the current rule to be illegal, but also details why, under settled antitrust law, the critical question of how much compensation would significantly harm consumer appeal for college football and basketball is a question better left to marketing science …

A Strategic Legal Challenge To The Unforeseen Anticompetitive And Racially Discriminatory Effects Of Baseball’S North American Draft, Stephen F. Ross, Michael James Jr.

Faculty Scholarship

Major League Baseball (MLB) has honored a single player by retiring his number for every club. Absent special commemorations, no player will wear the number “42” in honor of the man who broke the color barrier to become the first African American to play major league baseball in the modern era: Jackie Robinson. MLB has also honored a single player—chosen from nominees from each individual club—by presenting an annual award for humanitarian service in his name; that honoree is Roberto Clemente. However, the sad reality is that if a fifteen-year-old Jackie Robinson were growing up today in South Pasadena, California, …

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 33, Iss. 2

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Nsfw: An Empirical Study Of Scandalous Trademarks, Megan M. Carpenter, Mary Garner

Cardozo Arts & Entertainment Law Journal

This project is an empirical analysis of trademarks that have received rejections based on their "scandalous " nature. It is the first of its kind.

The Lanham Act bars registration for trademarks that are "scandalous" and "immoral." While much has been written on the morality provisions in the Lanham Act, this piece is the first scholarly project that engages an empirical analysis of the Section 2(a) rejections based on scandalousness; it contains a look behind the scenes at how the morality provisions are applied throughout the trademark registration process. This study analyzes which marks are being rejected, what evidence is …

Publicity Rules For Public Trusts, Allison Anna Tait

Cardozo Arts & Entertainment Law Journal

That museums are public trusts is a truism in academic discourse and industry discussion. What various commentators mean when they speak about museums as public trusts, however, is less clear. This Article untangles and analyzes the various meanings of "'public trust" and how these meanings translate into regulatory systems. I propose that two predominant meanings-the public resource and trust law meanings-jointly constitute the definition of a public trust, and that each meaning has a consequent regulatory framework. These definitional and regulatory frameworks coexist without conflict in most contexts. In the context of deaccessioning, however, they collide.

Deaccessioning-the practice of a …

Internet Protocol Television And The Challenge Of "Mission Critical" Bits, Rob Frieden

Cardozo Arts & Entertainment Law Journal

No abstract provided.