Entertainment, Arts, and Sports Law Commons^™

2014 Master Of The Game Award Acceptance Speech, Martin J. Greenberg

Marquette Sports Law Review

No abstract provided.

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 …

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. …

Rubin V. Islamic Republic Of Iran, 1997-2015, Gabrielle Goodwin

Articles by Maurer Faculty

The case of Rubin v. Islamic Republic of Iran reads like a blockbuster movie with an all-star cast. A terrorist organization blows up a crowded shopping mall in Jerusalem, killing and injuring Americans in the process. Some of those severely injured sue the nation of Iran for their part in supporting Hamas, who carried out the bombing. Iran never makes a court appearance, so the plaintiffs win a default judgment for hundreds of millions of dollars. However, in trying to get some money out of Iran, the plaintiffs try to attach property in the United States, which may or may …

Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca

Akron Law Faculty Publications

Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further guidance on …

Athletic Compensation For Women Too? Title Ix Implications Of Northwestern And O'Bannon, Erin E. Buzuvis

Faculty Scholarship

The NCAA has been relying on Title IX requirements to defend its polices prohibiting compensation for college athletics; it argues that paying athletes in revenue sports, coupled with the commensurate obligation under Title IX to pay female athletes, would be prohibitively expensive.

As a response to the NCAA’s argument, the Author seeks to advance two positions: first, that Title IX would, as argued by the NCAA, require payment of female athletes using some measure of equality; and second, that it is not Title IX that renders the prospect of athlete compensation cost prohibitive, but rather, the fact that college athletics …

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.

Biometric Passwords And The Privilege Against Self-Incrimination, Kara Goldman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Piecemeal State Legislation: The Wrong Way To Divide The Internet Poker Pie?, Peter T. Busch

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Copyright Or Trade Dress? Toward Ip Protection Of Multisensory Effect Designs For Immersive Virtual Environments, Elii Cho

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Post U.S. V. Apple.: How Should Most-Favored Nation Clauses Be Treated Now?, Jennifer D. Lee

Cardozo Arts & Entertainment Law Journal

No abstract provided.

"Is That Me I See On The Tv?" An Analysis Of The O'Bannon Decision, Zachary S. Beal

Cardozo Arts & Entertainment Law Journal

No abstract provided.

What's Love Got To Do With It? The Value Of Celebrity Status In Divorce Proceedings, Shanice Naidu

Cardozo Arts & Entertainment Law Journal

No abstract provided.

School Of Hark Knocks - The Impact Of The Nfl Concussion Litigation, Elise Michael

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 33, Iss. 1

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Taking Users' Rights To The Next Level: A Pragmatist Approach To Fair Use, Niva Elkin-Koren, Orit Fischman-Afori

Cardozo Arts & Entertainment Law Journal

Exceptions and limitations to the rights of copyright owners aim to promote copyright goals in a rapidly changing world. Policymakers are often faced with the choice of either adopting an open-norm, such as fair use, to facilitate flexibility and adaptability, or opt for a strictly defined list of exceptions and limitations to facilitate more certainty and predictability. So far, this binary choice between bright-line rules and vague standards has created a deadlock.

This paper argues that in order to promote a reasoned implementation of fair use and serve both the purpose of copyright law and the rule of law, courts …