Entertainment, Arts, and Sports Law Commons^™

Brief Of Amici Curiae Antitrust Law Professors In O'Bannon V. Ncaa, Thomas C. Arthur, Amitai Aviram, Edward D. Cavanagh, Jorge L. Contreras, Daniel A. Crane, Susan Beth Farmer, Herbert Hovenkamp, Keith N. Hylton, Michael S. Jacobs, Alan J. Meese, Salil K. Mehra, William H. Page, Gary R. Roberts, D. Daniel Sokol, Alexander Volokh

Faculty Scholarship

On November 21, 2014, 15 professors of antitrust law at leading U.S. universities submitted an amicus brief in the O'Bannon v. NCAA 9th Circuit appeal in support of the NCAA. They have an interest in the proper development of antitrust jurisprudence, and they agree that the court below misapplied the “less restrictive alternative” prong of the rule of reason inquiry for assessing the legality of restraints of trade under Section 1 of the Sherman Act, 15 U.S.C. § 1. They are concerned that the district court’s approach to the antitrust rule of reason, if affirmed, would grant undue authority to …

Is Internet Radio “Livin' On A Prayer”? With New Legislation, It “Will Make It, I Swear”, Kelsey Schulz

The Journal of Business, Entrepreneurship & the Law

This Comment discusses whether the IRFA would be the appropriate solution to the inequities in current copyright law as it pertains to digital music. Part I of this Comment will provide a more in-depth discussion of the history of copyright law and music distribution. It will examine the implications of the 1971 Sound Recording Act, the 1976 Copyright Act, and the Digital Performance Right in Sound Recordings Act of 1995. Part II will provide a critique of the current state of the law, including a look at the Digital Millennium Copyright Act of 1998 and its effects on the respective …

China's Human Rights Record Since Tiananmen 1989 And The Recent Mixed Response Of The United States, Daniel C. Turack

Georgia Journal of International & Comparative Law

No abstract provided.

Appellate Division, First Department, For The People Theatres Of New York, Inc. V. City Of New York, Daphne Vlcek

Touro Law Review

No abstract provided.

Determining The Extent Of The Work For Hire Doctrine And Its Effect On Termination Rights, Allison E. Dolzani

Touro Law Review

No abstract provided.

Foreign Affairs And First Amendment Rights: Office Of Foreign Assets Control Prohibits Abc's Pan American Games Broadcast. Capital Cities/Abc, Inc. V. Brady, 740 F. Supp. 1007 (S.D.N.Y. June 29, 1990), Allison Sanford

Georgia Journal of International & Comparative Law

No abstract provided.

Mlb Calendar 2014-2015, Edmund P. Edmonds

MLB Calendars

No abstract provided.

Protecting Defamatory Fiction And Reader-Response Theory With Emphasis On The German Experience, Henry Ordower

Georgia Journal of International & Comparative Law

No abstract provided.

Rescuing Prague's Past: A Survey Of Legislative Attempts At Architectural And Historical Preservation In Prague, Czech Republic, Kirby Mitchell

Georgia Journal of International & Comparative Law

No abstract provided.

E-Books, Collusion, And Antitrust Policy: Protecting A Dominant Firm At The Cost Of Innovation, Nicholas Timchalk

Seattle University Law Review

Amazon’s main rival, Apple, went to great lengths and took major risks to enter the e-book market. Why did Apple simply choose not to compete on the merits of its product and brand equity (the iPad and iBookstore) as it does with its other products? Why did Apple decide not to continue to rely on its earlier success of situating its products differently in the market than other electronics and working hard to be different and cutting-edge with its e-book delivery? This Note argues that the combination of Amazon’s 90% market share, network externalities, and an innovative technology market creates …

Prisoners Of War: Nazi-Era Looted Art And The Need For Reform In The United States, Jessica Schubert

Touro Law Review

No abstract provided.

For Sale--One Level 5 Barbarian For 94,800 Won: The International Effects Of Virtual Property And The Legality Of Its Ownership, Alisa B. Steinberg

Georgia Journal of International & Comparative Law

No abstract provided.

Daily Fantasy Sports Leagues: Do You Have The Skill To Win At These Games Of Chance?, Michael Trippiedi

UNLV Gaming Law Journal

No abstract provided.

Molly And The Crack House Statute: Vulnerabilities Of A Recuperating Music Industry, Jacob A. Epstein

University of Miami Business Law Review

The normalcy of “club drug” use in today’s live music culture makes concert promoters and venue managers particularly vulnerable to prosecution under the “crack-house statute,” 21 U.S.C. § 856. Section 856(a)(2) makes it illegal for a promoter or venue manager to “manage any place . . . and knowingly and intentionally . . . profit from, or make available for use . . . the place for the purpose of unlawfully manufacturing, storing, distributing, or using a controlled substance.” In United States v. Tebeau, the Eighth Circuit Court of Appeals held that third parties could satisfy the statute’s “intent” requirement. …

For The Love Of The Game: The Case For State Bans On Youth Tackle Football, Adam Bulkley

University of Michigan Journal of Law Reform Caveat

This football season, millions of Americans enjoying their favorite pastime might feel pangs of a guilty conscience. Years of scientific research into the long-term neurological effects of tackle football and a recent settlement between the National Football League (NFL) and thousands of retired NFL players have made football-related traumatic brain injuries (TBI) a topic of national conversation. Current and former NFL players and even President Obama have participated in the conversation, saying that they would hesitate to let their sons play the game for fear of possible brain injury. Because research has uncovered signs of permanent brain damage in players …

Consignment Catastrophes: Lessons From New York's Art Gallery Fraud, Megan Haslach

Washington Journal of Law, Technology & Arts

The 2007 collapse of Salander O’Reilly Gallery in New York City caught the attention of New York’s state lawmakers after artists and their heirs lost nearly $120 million in gallery owner Lawrence Salander’s schemes. This scandal ultimately led lawmakers to enact major changes in the state’s art consignment statute. The changes bolstered existing protections while adding additional safeguards for artists who choose to consign their works through galleries rather than selling them wholesale. This Article will examine the relationship between consignors and consignees, highlighting major vulnerabilities that current consignment statutes create for artist consignors. In Section I, this Article will …

Tinkering With Success: College Athletes, Social Media And The First Amendment, Meg Penrose

Faculty Scholarship

Good law does not always make good policy. This article seeks to provide a legal assessment, not a policy directive. The policy choices made by individual institutions and athletic departments should be guided by law, but absolutely left to institutional discretion. Many articles written on college student-athletes' social media usage attempt to urge policy directives clothed in constitutional analysis.

In this author's opinion, these articles have lost perspective-constitutional perspective. This article seeks primarily to provide a legal and constitutional assessment so that schools and their athletic departments will have ample information to then make their own policy choices.

Uniform Alternative Dispute Resolution: The Answer To Preventing Unscrupulous Agent Activity, Scott Kestenbaum

Pepperdine Dispute Resolution Law Journal

This Note addresses whether there should be an arbitration and mediation section added to both the Uniform Athlete Agent Act (UAAA), and Sports Agent Responsibility and Trust Act (SPARTA) to establish a uniform dispute resolution process for dealing with unscrupulous acts of athlete agents. This issue is distinctive because while all four professional sports leagues’ players associations have specific arbitration procedures in their athlete agent regulations, the two statutes governing athlete agent conduct do not adopt a uniform policy relating to arbitration procedures. This Note addresses the prior history of state and federal legislation pertaining to an athlete agent, including …

"Whose" Game Is It? Sports-Wagering And Intellectual Property, Ryan M. Rodenberg, Anastasios Kaburakis, John T. Holden

Villanova Law Review (1956 - )

No abstract provided.

Balancing The First Amendment And Child Protection Goals In Legal Approaches To Restricting Children's Access To Violent Video Games: A Comparison Of Germany And The United States, Laura Tate Kagel

Georgia Journal of International & Comparative Law

No abstract provided.