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Beaten To "Submissions": Talent Agents Score A Victory Over Managers On Submissions Of Motion Picture Screenplays, Matthew H. Schwartz 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, andré douglas pond cummings 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, Jennifer Weatherup 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, Lisa Lester 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, Lindsay Weiss 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, Kelli Shope 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, Holly Phillips 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, Aaron Echols 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.


Not (Necessarily) Narrower: Rethinking The Relative Scope Of Copyright Protection For Designs, Sarah Burstein 2013 University of Oklahoma Norman Campus

Not (Necessarily) Narrower: Rethinking The Relative Scope Of Copyright Protection For Designs, Sarah Burstein

IP Theory

No abstract provided.


Explaining The Supreme Court's Interest In Patent Law, Timothy R. Holbrook 2013 Emory University School of Law

Explaining The Supreme Court's Interest In Patent Law, Timothy R. Holbrook

IP Theory

No abstract provided.


Closing A Loophole In Musicians' Rights: Why Digital Remasters Of Analog Sound Recordings Are Not Derivative Works Protected By The Copyright Act, Jon Peritz 2013 Benjamin N. Cardozo School of Law

Closing A Loophole In Musicians' Rights: Why Digital Remasters Of Analog Sound Recordings Are Not Derivative Works Protected By The Copyright Act, Jon Peritz

Cardozo Public Law, Policy & Ethics Journal

The note argues that digital remasters of analog sound recordings do not qualify as derivative works under the Copyright Act, as they lack the requisite originality and substantial variation required for protection. This conclusion has significant implications for artists' termination rights, as allowing record labels to claim copyright in remasters would undermine the purpose of the Copyright Act's termination provisions, which aim to protect artists from unfair copyright transfers. The analysis emphasizes that remasters are primarily functional adaptations for the digital marketplace rather than creative works, and their protection would harm artists by limiting their ability to renegotiate rights or …


The Law Professor As Faculty Athletics Representative: Some Random Thoughts After Two Years, David E. Shipley 2013 University of Georgia School of Law

The Law Professor As Faculty Athletics Representative: Some Random Thoughts After Two Years, David E. Shipley

Scholarly Works

It is a pleasure to write an essay about something I really enjoy, and it is especially pleasing not to worry about footnotes. I have been a law professor since 1977, and in August 2012, I started my 35th year of teaching. It is still fun to be in the classroom; my students energize me, teaching remains a challenge and being a productive scholar is important. I am one of those professors who likes his law school, university and professional service commitments. I am fortunate to have the best job in higher education: being a tenured law professor. My service …


Up, Up & Away: How Siegel & Shuster's Superman Was Contracted Away & Dc Comic Won The Day, Dallas F. Kratzer III 2013 West Virginia University College of Law

Up, Up & Away: How Siegel & Shuster's Superman Was Contracted Away & Dc Comic Won The Day, Dallas F. Kratzer Iii

West Virginia Law Review

No abstract provided.


International Fashion Trends: The Business Of International Fashion Law, Barbara Kolsun, Jeff Goldfarb, Greg Weisman, Howard Robbins, Guillermo Jimenez, Lee Sporn, Frances Hadfield, Michael Wildes, Theodore Max, Doreen Small, Ali G. Marquart, Jeff Trexler, Georgia Kalivas, Peter Fields, Natalie Nixon 2013 Benjamin N. Cardozo School of Law

International Fashion Trends: The Business Of International Fashion Law, Barbara Kolsun, Jeff Goldfarb, Greg Weisman, Howard Robbins, Guillermo Jimenez, Lee Sporn, Frances Hadfield, Michael Wildes, Theodore Max, Doreen Small, Ali G. Marquart, Jeff Trexler, Georgia Kalivas, Peter Fields, Natalie Nixon

Cardozo Journal of International and Comparative Law

No abstract provided.


A Native Vision Of Justice, Carole Goldberg 2013 UCLA Law School

A Native Vision Of Justice, Carole Goldberg

Michigan Law Review

Although largely unheralded in its time, D'Arcy McNickle's The Surrounded has become a classic of Native American literature. When the University of New Mexico Press reissued the book in 1978, a year after McNickle's death, the director of Chicago's Newberry Library, Lawrence W. Towner, predicted (correctly) that it would "reach a far wider audience." Within The Surrounded are early stirrings of a literary movement that took flight several decades after the novel's first publication in the writings of N. Scott Momaday, Louise Erdrich, James Welch, Leslie Marmon Silko, and Gerald Vizenor, among others. All of these Native American authors share …


Is High-Altitude Mountaineering Russian Roulette?, Edward K. Cheng 2013 Vanderbilt University Law School

Is High-Altitude Mountaineering Russian Roulette?, Edward K. Cheng

Vanderbilt Law School Faculty Publications

Whether the nature of the risks associated with climbing high-altitude (8000 m) peaks is in some sense “controllable” is a longstanding debate in the mountaineering community. Well-known mountaineers David Roberts and Ed Viesturs explore this issue in their recent memoirs. Roberts views the primary risks as “ objective ” or uncontrollable, whereas Viesturs maintains that experience and attention to safety can make a significant difference. This study sheds light on the Roberts-Viesturs debate using a comprehensive dataset of climbing on Nepalese Himalayan peaks. To test whether the data is consistent with a constant failure rate model (Roberts) or a decreasing …


How Detailed Of An Explanation Is Required When An Administrative Agency Changes An Existing Policy? Implications And Analysis Of Fcc V. Fox Television Stations, Inc. On Administrative Law Making And Television Broadcasters, David Lee 2013 Pepperdine University

How Detailed Of An Explanation Is Required When An Administrative Agency Changes An Existing Policy? Implications And Analysis Of Fcc V. Fox Television Stations, Inc. On Administrative Law Making And Television Broadcasters, David Lee

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Play Ball: What Can Be Done To Prevent Strikes And Lockouts In Professional Sports And Keep The Stadium Lights On, Alexandra Baumann 2013 Pepperdine University

Play Ball: What Can Be Done To Prevent Strikes And Lockouts In Professional Sports And Keep The Stadium Lights On, Alexandra Baumann

Journal of the National Association of Administrative Law Judiciary

This comment analyzes the role that the National Labor Relations Board and the Federal Mediation and Conciliation Service play in ending strikes and lockouts caused by collective bargaining in professional sports. It then looks at what can be done to prevent lockouts and strikes in the future, which would not only benefit fans, but also stadium employees, players, and owners, as none of them make money if there are no games.


Regulating Violence In Video Games: Virtually Everything, Alan Wilcox 2013 Pepperdine University

Regulating Violence In Video Games: Virtually Everything, Alan Wilcox

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Copyright And The Musical Arrangement: An Analysis Of The Law And Problems Pertaining To This Specialized Form Of Derivative Work, Joel L. Friedman 2013 Pepperdine University

Copyright And The Musical Arrangement: An Analysis Of The Law And Problems Pertaining To This Specialized Form Of Derivative Work, Joel L. Friedman

Pepperdine Law Review

No abstract provided.


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