Should The Internet Exempt The Media Sector From The Antitrust Laws?,
2013
University of South Dakota School of Law
Should The Internet Exempt The Media Sector From The Antitrust Laws?, Thomas J. Horton, Robert H. Lande
All Faculty Scholarship
This article examines whether the "old media" and the "new media", including the Internet, should be considered to be within the same relevant market for antitrust purposes. To do this the article first demonstrates that proper antitrust consideration of the role of non-price competition necessitates that “news” and “journalism” be analyzed in two distinct ways. First, every part of the operations of a newspaper (or other type of media source), including its investigative reporting and local coverage, should be assessed separately. We present empirical evidence collected for this study which demonstrates that the old media continues to win the vast …
Mlb Calendar 2013-2014,
2013
University of Notre Dame
The Derivative Right, Or Why Copyright Law Protects Foxes Better Than Hedgehogs,
2013
Vanderbilt University Law School
The Derivative Right, Or Why Copyright Law Protects Foxes Better Than Hedgehogs, Daniel J. Gervais
Vanderbilt Law School Faculty Publications
The derivative right is at the very core of copyright theory. What can and cannot be reused to create a new work impacts freedom of expression but also impacts the value of the markets for works and their various “derivatives.” The derivative right includes forms of derivation and adaptation, such as making a movie from a novel or translating a book. It also covers what this Article refers to as penumbral derivatives, which the US Copyright Act captures using the phrase “based upon” with respect to preexisting works. This leads to indeterminacy about the scope of the derivative right, which …
Valuing Fractional Interests In Art For Estate Tax Purposes,
2013
University of Baltimore School of Law
Valuing Fractional Interests In Art For Estate Tax Purposes, Wendy G. Gerzog
All Faculty Scholarship
It is difficult to value fractional interests in art because there is virtually no market in those interests. Nevertheless, the Tax Court in Estate of Elkins valued the decedent’s fractional interests in multiple artworks, which the decedent and his children highly cherished. First, the court addressed the restricted agreements under section 2703 and then the court determined the value of decedent’s interests in the art.
Hardball In City Hall: Public Financing Of Sports Stadiums,
2013
Northeastern University
Hardball In City Hall: Public Financing Of Sports Stadiums, Roger I. Abrams
Pace Intellectual Property, Sports & Entertainment Law Forum
Roger I. Abram’s article on public financing of sports stadiums is an unedited portion of Chapter 9 from Abram’s forthcoming book, Playing Tough: The World of Sports and Politics, published by University Press of New England (2013).
Fair Or Foul: When Does Media Accusation Of Performance Enhancing Drug Use Become Tortious?,
2013
Pace University School of Law
Fair Or Foul: When Does Media Accusation Of Performance Enhancing Drug Use Become Tortious?, Richard T. Ward Iii
Pace Intellectual Property, Sports & Entertainment Law Forum
The Steroids Era in baseball refers to the recent period in the MLB where many players and trainers have been found guilty or been implicated in the use of performance enhancing drugs which leads to sharp increases in player talent. The stigma associated with PED use, and also any other form of cheating, has proven to be a fast track to shame in the world of Major League Baseball. This article addresses the current state of defamation law in New York and the Federal Courts by analyzing the recent statement made by Skip Bayless concerning use of Performance Enhancing Drugs …
A Sure Thing? Online Gaming And Canada,
2013
Florida State University
A Sure Thing? Online Gaming And Canada, Ryan M. Rodenberg, John T. Holden
Pace Intellectual Property, Sports & Entertainment Law Forum
The legal status of gaming activities on First Nations land within Canada is complicated. The foci of this paper are two-fold. First, we trace the origin and expansion of First Nations gaming. Second, we analyze the potential of First Nations as hubs for the growing global e-gaming industry, with an emphasis on Internet poker and online sports wagering. We conclude by positing that the Canadian regulatory scheme presents an opportunity to First Nations in connection with e-gaming.
Separation Of Sport And State: The Federal Government’S Involvement In Major League Baseball’S Drug Testing Program,
2013
New York Law School
Separation Of Sport And State: The Federal Government’S Involvement In Major League Baseball’S Drug Testing Program, Anthony F. Iliakostas
Pace Intellectual Property, Sports & Entertainment Law Forum
Major League Baseball has been one of the premier major sports leagues in taking action and putting an end to the use of performance-enhancing drugs in baseball. Entering its eighth year, Major League Baseball has implemented and improved its drug-testing policy. However, with congressional hearings on the use of steroids and other drugs in baseball along with federal investigations, there is a lingering worry that the government is intervening in Major League Baseball's drug testing program. In this article, Anthony Iliakostas breaks down Major League Baseball's drug testing program and how the U.S. government has gotten involved. The article concludes …
New Jersey Vs. The Paragons Of Society: I’Ll Bet On New Jersey Invalidating Paspa,
2013
Pace University School of Law
New Jersey Vs. The Paragons Of Society: I’Ll Bet On New Jersey Invalidating Paspa, Levi Glick
Pace Intellectual Property, Sports & Entertainment Law Forum
Levi Glick writes an article on the Professional and Amateur Sports Protection Act (“PASPA”), which in effect prohibits state-sanctioned sports betting within the United States. His article addresses the efforts by the State of New Jersey to establish state-sanctioned sports betting within the state, and the subsequent legal challenges brought forth by the professional sports leagues. He focuses on the legal arguments that New Jersey leveled in challenging the leagues’ alleged claims. He also focuses on the Constitutional arguments that weigh in favor of finding PASPA unconstitutional, as well as the public policy arguments for repealing it.
Fifty Shades Of Transformation,
2013
Pace University School of Law
Fifty Shades Of Transformation, Danielle Meeks
Pace Intellectual Property, Sports & Entertainment Law Forum
Danielle Meeks explores the recent trend of publishing fan fiction, brought to the forefront by the popularity of the Fifty Shades trilogy. Creating a work within another author's copyrighted fictional universe for profit is analyzed under the fair use doctrine and by comparing substantial similarities between Fifty Shades and the Twilight series to determine if the trilogy is transformative enough to survive a potential lawsuit.
Out Of Bounds Under The Sherman Act? Player Restraints In Professional Team Sports ,
2013
Pepperdine University
Out Of Bounds Under The Sherman Act? Player Restraints In Professional Team Sports , Seth M. Goldstein
Pepperdine Law Review
No abstract provided.
Real To Reel: The Hirsch Case And First Amendment Protection For Film-Makers' Confidential Sources Of Information ,
2013
Pepperdine University
Real To Reel: The Hirsch Case And First Amendment Protection For Film-Makers' Confidential Sources Of Information , Stephen F. Rohde
Pepperdine Law Review
No abstract provided.
Beaten To "Submissions": Talent Agents Score A Victory Over Managers On Submissions Of Motion Picture Screenplays,
2013
Pepperdine University
Beaten To "Submissions": Talent Agents Score A Victory Over Managers On Submissions Of Motion Picture Screenplays, Matthew H. Schwartz
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Junior Seau, Head Trauma, And The Nfl's Concussion Problem,
2013
University of Arkansas at Little Rock William H. Bowen School of Law
Junior Seau, Head Trauma, And The Nfl's Concussion Problem, André Douglas Pond Cummings
Law Faculty Scholarship
By all accounts, Tiaina “Junior” Seau was an extraordinary professional athlete. Seau’s career in the National Football League (“NFL”) spanned two decades as he battled furiously as a linebacker for the San Diego Chargers, Miami Dolphins, and the New England Patriots. His performance on the field of play was exceptional; he was selected to the Pro Bowl twelve times and will most certainly be voted into the NFL Hall of Fame when he becomes eligible in 2015. Despite Seau’s unparalleled career, athletic accomplishments, and financial rewards, he committed suicide on May 2, 2012, at the age of 43, just two …
Agencies And The Arts: The Dilemma Of Subsidizing Expression,
2013
Pepperdine University
Agencies And The Arts: The Dilemma Of Subsidizing Expression, Jennifer Weatherup
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Beating The Odds: Regulation Of Online Gaming Stateside And Abroad,
2013
Pepperdine University
Beating The Odds: Regulation Of Online Gaming Stateside And Abroad, Lisa Lester
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
S!*T, P*@S, C*^T, F*#K, C*@!S*&!Er, M*!#$*@!*#^R, T*!S - The Fcc's Crackdown On Indecency,
2013
Pepperdine University
S!*T, P*@S, C*^T, F*#K, C*@!S*&!Er, M*!#$*@!*#^R, T*!S - The Fcc's Crackdown On Indecency, Lindsay Weiss
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Final Cut: How Sag's Failed Negotiations With Talent Agents Left The Contractual Rights Of Rank-And-File Actors On The Cutting Room Floor,
2013
Pepperdine University
The Final Cut: How Sag's Failed Negotiations With Talent Agents Left The Contractual Rights Of Rank-And-File Actors On The Cutting Room Floor, Kelli Shope
Journal of the National Association of Administrative Law Judiciary
The following article will explore the impact SAG, talent agents, and lawmakers each have on the contractual rights of rank-and-file actors in light of the termination of Rule 16(g). Section II discusses actors' prior contractual rights under the collective bargaining agreement and how failed negotiations with talent agents left actors vulnerable to unfair contracts. Section III explores the new standard agency contract utilized by agents and the resulting legal implications for actors. Section IV details and evaluates the substance of the TAA, one of the few remaining legal protections for actors. Section V exposes the shortcomings of the TAA and …
I Want My Mtv, But Not Your Vh1: A La Carte Cable, Bundling, And The Potential Great Cable Compromise,
2013
Pepperdine University
I Want My Mtv, But Not Your Vh1: A La Carte Cable, Bundling, And The Potential Great Cable Compromise, Holly Phillips
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Fair Play: The Tension Between An Athletic Association's Regulatory Power And Free Speech Rights Of Member Schools - The Practical Implications Of Tennessee V. Brentwood,
2013
Pepperdine University
Fair Play: The Tension Between An Athletic Association's Regulatory Power And Free Speech Rights Of Member Schools - The Practical Implications Of Tennessee V. Brentwood, Aaron Echols
Journal of the National Association of Administrative Law Judiciary
This case note focuses on the development of free speech rights and how those free speech rights co-exist with the rights of administrative bodies to regulate the speech and behavior of members. In particular, this case note examines the tension between the free speech rights of member schools trying to advertise the benefits of attending their school and the regulatory interests of an athletic association seeking to ensure fair athletic competition and academic priority over athletics.
