Whose Right Is It Anyway?: How Recent Cases And Controversies Have Blurred The Lines Between First Amendment Protection And An Athlete's Right Of Publicity,
2010
Marquette University Law School
Whose Right Is It Anyway?: How Recent Cases And Controversies Have Blurred The Lines Between First Amendment Protection And An Athlete's Right Of Publicity, Scott R. Chandler
Marquette Sports Law Review
No abstract provided.
Internships In Sports Management Curriculum: Should Legal Implications Of Experiential Learning Result In The Elimination Of The Sport Management Internship?,
2010
Marquette University Law School
Internships In Sports Management Curriculum: Should Legal Implications Of Experiential Learning Result In The Elimination Of The Sport Management Internship?, Kristi L. Schoepfer, Mark Dodds
Marquette Sports Law Review
No abstract provided.
Non-Relocation Agreements In Major League Baseball: Comparison, Analysis, And Best Practice Clauses,
2010
Marquette University Law School
Non-Relocation Agreements In Major League Baseball: Comparison, Analysis, And Best Practice Clauses, Martin J. Greenberg, Bryan W. Ward
Marquette Sports Law Review
No abstract provided.
One Trilogy That Should Go Without A Sequel: Why The Baseball Antitrust Exemption Should Be Repealed,
2010
Marquette University Law School
One Trilogy That Should Go Without A Sequel: Why The Baseball Antitrust Exemption Should Be Repealed, Brittany Van Roo
Marquette Sports Law Review
No abstract provided.
The Long Hard Fall From Mount Olympus: The 2002 Salt Lake City Olympic Games Bribery Scandal,
2010
Marquette University Law School
The Long Hard Fall From Mount Olympus: The 2002 Salt Lake City Olympic Games Bribery Scandal, Thomas A. Hamilton
Marquette Sports Law Review
No abstract provided.
College Football's Serial Murderer: Sickle Cell Trait,
2010
Marquette University Law School
College Football's Serial Murderer: Sickle Cell Trait, Alejandro Bautista
Marquette Sports Law Review
No abstract provided.
Book Review:
Headless
Horsemen: A Tale
Of Chemical Colts, Subprime Sales Agents, And The
Last Kentucky
Derby On Steroids,
2010
Marquette University Law School
Book Review: Headless Horsemen: A Tale Of Chemical Colts, Subprime Sales Agents, And The Last Kentucky Derby On Steroids, Andrew Medeiros
Marquette Sports Law Review
No abstract provided.
Young Athletes At Risk: Preventing And Managing Consequences Of Sports Concussions In Young Athletes And The Related Legal Issues,
2010
Marquette University Law School
Young Athletes At Risk: Preventing And Managing Consequences Of Sports Concussions In Young Athletes And The Related Legal Issues, Marie-France Wilson
Marquette Sports Law Review
No abstract provided.
Book Review: Playing With The Boys: Why Separate Is Not Equal In Sports,
2010
Marquette University Law School
Book Review: Playing With The Boys: Why Separate Is Not Equal In Sports, Jeremy Goff
Marquette Sports Law Review
No abstract provided.
Index: Sports Law In Law Reviews And Journals,
2010
Marquette University Law School
Index: Sports Law In Law Reviews And Journals, Michael C. Shull
Marquette Sports Law Review
No abstract provided.
Shades Of Gray: The Functionality Doctrine And Why Trademark Protection Should Not Be Extended To University Color Schemes,
2010
Marquette University Law School
Shades Of Gray: The Functionality Doctrine And Why Trademark Protection Should Not Be Extended To University Color Schemes, Kristen E. Knauf
Marquette Sports Law Review
No abstract provided.
Under Review: Stadium Construction And State Environmental Policy Acts,
2010
Marquette University Law School
Under Review: Stadium Construction And State Environmental Policy Acts, Alex Porteshawver
Marquette Sports Law Review
No abstract provided.
Perelman's Theory Of Argumentation And Natural Law,
2010
University of Nevada, Las Vegas -- William S. Boyd School of Law
Perelman's Theory Of Argumentation And Natural Law, Francis J. Mootz Iii
Scholarly Works
Chaim Perelman resuscitated the rhetorical tradition by developing an elegant and detailed theory of argumentation. Rejecting the single-minded Cartesian focus on rational truth, Perelman recovered the ancient wisdom that we can argue reasonably about matters that admit only of probability. From this one would conclude that Perelman’s argumentation theory is inalterably opposed to natural law, and therefore that I would have done better to have written an article titled “Perelman’s Th eory of Argumentation as a Rejection of Natural Law.”
However, my thesis is precisely that Perelman’s theory of argumentation connects to the natural law tradition in interesting and productive …
Patchwork Protection: Copyright Law And Quilted Art, 9 J. Marshall Rev. Intell. Prop. L. 855 (2010),
2010
John Marshall Law School
Patchwork Protection: Copyright Law And Quilted Art, 9 J. Marshall Rev. Intell. Prop. L. 855 (2010), Maureen Collins
UIC Review of Intellectual Property Law
Historically, quilts have been denied the same copyright protection available to any other expression in a fixed medium. When quilts have been considered protectable, the protectable elements in a pattern have been limited, or the application of the substantial similarity test has varied widely. One possible explanation for this unequal treatment is that quilting is viewed as ‘women’s work.’ Another is that quilts are primarily functional. However, quilts have evolved over time and may now be expensive collectible pieces of art; art that deserves copyright protection. This article traces the history of quilt making, addresses the varying standards of protection …
The Invention Of Common Law Play Right,
2010
University of Michigan Law School
The Invention Of Common Law Play Right, Jessica D. Litman
Articles
This Article explores playwrights' common law "play right." Since this conference celebrates the 300th birthday of the Statute of Anne, I begin in England in the 17th Century. I find no trace of a common law playwright's performance right in either the law or the customary practices surrounding 17th and 18th century English theatre. I argue that the nature and degree of royal supervision of theatre companies and performance during the period presented no occasion (and, indeed, left no opportunity) for such a right to arise. I discuss the impetus for Parliament's enactment of a performance right statute in 1833, …
Governing Gambling In The United States,
2010
Claremont McKenna College
Governing Gambling In The United States, Maria E. Garcia
CMC Senior Theses
The role risk taking has played in American history has helped shape current legislation concerning gambling. This thesis attempts to explain the discrepancies in legislation regarding distinct forms of gambling. While casinos are heavily regulated by state and federal laws, most statutes dealing with lotteries strive to regulate the activities of other parties instead of those of the lottery institutions. Incidentally, lotteries are the only form of gambling completely managed by the government. It can be inferred that the United States government is more concerned with people exploiting gambling than with the actual practice of wagering.
In an effort to …
User-Generated Content Sites And Section 512 Of The Us Copyright Act,
2010
Columbia Law School
User-Generated Content Sites And Section 512 Of The Us Copyright Act, Jane C. Ginsburg
Faculty Scholarship
This book chapter considers the liability of entrepreneurs of ‘user-generated content’ (UGC) sites. These immensely popular fora, such as YouTube and My Space, enable their participants to post and view a great variety of content, not all of it in fact generated by the posting user. The legislative compromise worked out between telecommunications providers and content owners in the 1998 ‘Digital Millennium Copyright Act’ provides the statutory framework, at once insulating the operators of UGC sites from debilitating copyright sanctions, while still affording meaningful relief to copyright owners. The statutory criteria to qualify for the section 512(c) safe harbor are …
Winterthouhgts,
2009
Lund University
Symposium, Internet Expression In The 21st Century: Where Technology & Law Collide: Introduction,
2009
Florida State University College of Law
Symposium, Internet Expression In The 21st Century: Where Technology & Law Collide: Introduction, Michael R. Dimino, Tonya M. Evans-Walls, Nicole M. Santo
Michael R Dimino
Anatomy Of The First Public International Sports Arbitration And The Future Of Public Arbitration After Usada V. Floyd Landis,
2009
Pepperdine University
Anatomy Of The First Public International Sports Arbitration And The Future Of Public Arbitration After Usada V. Floyd Landis, Maureen A. Weston Prof.
Maureen A Weston
Mere weeks after American professional cyclist Floyd Landis seemingly won the 2006 Tour de France, the United States Anti-Doping Association (USADA), under the authority granted to it by the U.S. Congress, and through its enforcement of the World Anti-Doping Code (WADC), accused him of having committed doping violations during the race. Landis vehemently denied these allegations, and accused the French laboratory that had performed the testing of his post-race samples, the Laboratoire National du Depistage du Dopage (LNDD), of bias and misconduct in his case.
Under USADA rules, an American athlete accused of doping may request an arbitration hearing before …
