Concussion And Football: Failures To Respond By The Nfl And The Medical Profession,
2013
University of Nevada, Las Vegas -- William S. Boyd School of Law
Concussion And Football: Failures To Respond By The Nfl And The Medical Profession, David Orentlicher
Scholarly Works
No abstract provided.
A Tale Of Three Hoaxes: When Literature Offends The Law,
2013
New York Law School
A Tale Of Three Hoaxes: When Literature Offends The Law, Molly Guptill Manning
Articles & Chapters
No abstract provided.
Visual Jurisprudence,
2013
New York Law School
Visual Jurisprudence, Richard Sherwin
Articles & Chapters
Lawyers, judges, and jurors face a vast array of visual evidence and visual argument inside the contemporary courtroom. From videos documenting crimes and accidents to computer displays of their digital simulation, increasingly, the search for fact-based justice is becoming an offshoot of visual meaning making. But when law migrates to the screen it lives there as other images do, motivating belief and judgment on the basis of visual delight and unconscious fantasies and desires as well as actualities. Law as image also shares broader cultural anxieties concerning not only the truth of the image, but also the mimetic capacity itself, …
Emerging Technologies And Dwindling Speech,
2013
Charleston School of Law
Emerging Technologies And Dwindling Speech, Jorge Roig
Scholarly Works
Inspired in part by the recent holding in Bland v. Roberts that the use of the “Like” feature in Facebook is not covered by the Free Speech Clause, this article makes a brief foray into the approach that courts have taken in the recent past towards questions of First Amendment coverage in the context of emerging technologies. Specifically, this article will take a closer look at how courts have dealt with the issue of functionality in the context of First Amendment coverage of computer source code. The analysis of this and other recent experiences, when put in a larger context, …
Streaming While Teaching: The Legality Of Using Person Streaming Video Accounts For The Classroom,
2013
Touro Law Center
Streaming While Teaching: The Legality Of Using Person Streaming Video Accounts For The Classroom, Jonathan I. Ezor
Scholarly Works
Educators are constantly seeking new sources of relevant material to illustrate doctrinal and practice topics. With the growing understanding of students’ different learning styles, as well as the expansion of high-speed network connections and large displays in the classroom, streaming video has begun gaining popularity as an educational tool. Films, television programs, and real-time and archived legislative and court sessions may provide examples (both positive and negative) to enhance pedagogy. One increasingly common source for streaming content is a commercial video provider such as Netflix, Amazon, and Hulu. Even where such providers do not offer educational or institutional services, educators …
Commentary, Critical Legal Theory In Intellectual Property And Information Law Scholarship, Cardozo Arts & Entertainment Law Journal Spring Symposium,
2013
Fordham University School of Law
Commentary, Critical Legal Theory In Intellectual Property And Information Law Scholarship, Cardozo Arts & Entertainment Law Journal Spring Symposium, Sonia K. Katyal, Peter Goodrich
Faculty Scholarship
The very definition and scope of CLS (critical legal studies) is itself subject to debate. Some scholars characterize CLS as scholarship that employs a particular methodology—more of a “means” than an “end.” On the other hand, some scholars contend that CLS scholarship demonstrates a collective commitment to a political end goal—an emancipation of sorts —through the identification of, and resistance to, exploitative power structures that are reinforced through law and legal institutions. After a brief golden age, CLS scholarship was infamously marginalized in legal academia and its sub-disciplines. But CLS themes now appear to be making a resurgence—at least in …
Review Essay, Learning Contracts Through Current Events: Lawrence Cunningham's Contracts In The Real World, Stories Of Popular Contracts And Why They Matter,
2013
Saint Louis University School of Law
Review Essay, Learning Contracts Through Current Events: Lawrence Cunningham's Contracts In The Real World, Stories Of Popular Contracts And Why They Matter, Miriam A. Cherry
All Faculty Scholarship
This is a review essay of Professor Lawrence Professor Cunningham’s book Contracts in the Real World: Stories of Popular Contracts and Why They Matter (Cambridge 2012). As implied by the title, the book discusses contract law through the lens of well-known cases and celebrities. Along the way, readers will meet intellectuals such as poet Maya Angelou and the late Dr. Martin Luther King, Jr., as well as celebrities known for controversy, like Paris Hilton, Donald Trump, and Charlie Sheen. Professor Cunningham also deftly analyzes some of the notable contract law issues arising from the global financial crisis and the Bernie …
Where To Begin Researching International Sports Law,
2012
Penn State Law
Where To Begin Researching International Sports Law, Rebecca Mattson
Law Library Faculty Works
In this article, the author discusses selected sources for researching international sports law.
"It's A Little Known Fact" That Copyright Law Is In Conflict With The Right Of Publicity,
2012
Touro Law Center
"It's A Little Known Fact" That Copyright Law Is In Conflict With The Right Of Publicity, Madeline O'Connor
Touro Law Review
This Comment will analyze Section 102 of the Copyright Act,the right of publicity in common law and as codified in state statutes,and Section 43(a) of the Lanham Act, and the analyses and applicationof these laws by different circuits. Further, this Comment willsuggest alternative tests, modeled upon trademark law, that courtsmay use in the future in similar situations to reach more equitable determinations.
Harry Potter, Scientology, And The Mysterious Realm Of Copyright Infringement: Analyzing When Close Is Too Close And When The Use Is Fair,
2012
Touro Law Center
Harry Potter, Scientology, And The Mysterious Realm Of Copyright Infringement: Analyzing When Close Is Too Close And When The Use Is Fair, Rosalinde Casalini
Touro Law Review
After going to a theatre and watching a new movie, would it be possible to go home and write a book about it? What about after reading a novel? Would a reader be free to write a new book using the same characters? Would a teacher be able to write her own training manual using the exact techniques she had just learned in another author's book? Is there any recourse for authors facing these types of situations? This Comment explores how two lower courts have recently addressed these questions. The first decision, Warner Bros.Entertainment Inc. v. RDR Books,determined whether …
The Look For Less: A Survey Of Intellectual Property Protections In The Fashion Industry,
2012
Touro Law Center
The Look For Less: A Survey Of Intellectual Property Protections In The Fashion Industry, Nicole Giambarrese
Touro Law Review
Currently, there are no copyright protections for fashion designs in the United States. Proposed legislation that would provide such protection has been sitting in Congress for two years. Further, the Lanham Trademark Act only protects the origin of products, such as logos and trademarks. Even with the current available trademark protection, fashion houses, such as Louis Vuitton, and luxury jewelry firms, such as Tiffany & Company, have seen the Second Circuit make it more difficult to assert the protection. This increasing difficulty is due to a fear of overextending monopolies and taking an affirmative stance on who has the burden …
Play Your Part: Girl Talk's Indefinite Role In The Digital Sampling Saga,
2012
Touro Law Center
Play Your Part: Girl Talk's Indefinite Role In The Digital Sampling Saga, Shervin Rezaie
Touro Law Review
In 2006, Greg Gillis was a twenty-four year old leading a double-life. During the day he was a biomedical engineer, but by night he was slowly becoming an infamous mash-up artist. His albums mixed "Top 40" radio hits into a unique postmodern audio pastiche. Under the moniker Girl Talk, Greg made his entrance into the limelight with the release of Night Ripper, his third album. Night Ripper began gaining attention as audiences became intrigued and excited by Greg's ability to blend numerous artists, old and new, into one seamless track. To illustrate, the first track on Night Ripper, "Once Again," …
How Improvements In Technology Have Affected The Entertainment Industry: Writers And Actors Fight For Compensation,
2012
Touro Law Center
How Improvements In Technology Have Affected The Entertainment Industry: Writers And Actors Fight For Compensation, Bernadette A. Safrath
Touro Law Review
The rise in the use of technology, and the creation of new media, has left the entertainment industry at a loss as to how to compensate the creative minds that are starting to work in new media. The rise in new media, a predominant factor in the 2007-2008 writers strike and this year’s almost-strikes of the two actors’ guilds, has forced the entertainment industry to adapt to the changes in technology, and create compensation plans for those that work in new media.
Public Performance Rights In The Digital Age: Fixing The Licensing Problem,
2012
University of Michigan Law School
Public Performance Rights In The Digital Age: Fixing The Licensing Problem, G. S. Hans
Michigan Law Review First Impressions
Recent technological advances have allowed consumers to reinvent the mixtape. Instead of being confined to two sides of an audiocassette, people can now create playlists that stretch for hours and days on their computers, tablets, mobile devices, and MP3 players. This, in turn, has affected how people consume and listen to music, both in isolation and in groups. As individuals and business owners in the United States use devices to store, organize, and listen to music, they inevitably run up against the boundaries of U.S. copyright law. In general, these laws affect businesses more often than private individuals, who can …
Musical Copyright Infringement: The Replacement Of Arnstein V. Porter - A More Comprehensive Use Of Expert Testimony And The Implementation Of An "Actual Audience" Test ,
2012
Pepperdine University
Musical Copyright Infringement: The Replacement Of Arnstein V. Porter - A More Comprehensive Use Of Expert Testimony And The Implementation Of An "Actual Audience" Test , Michelle V. Francis
Pepperdine Law Review
No abstract provided.
National Collegiate Athletic Association V. Tarkanian: Supreme Court Upholds Ncaa's Private Status Under The Fourteenth Amendment, Repelling Shark's Attack On Ncaa's Disciplinary Powers,
2012
Pepperdine University
National Collegiate Athletic Association V. Tarkanian: Supreme Court Upholds Ncaa's Private Status Under The Fourteenth Amendment, Repelling Shark's Attack On Ncaa's Disciplinary Powers, Michael G. Dawson
Pepperdine Law Review
No abstract provided.
Is Culture A Justiciable Issue? ,
2012
Pepperdine University
Is Culture A Justiciable Issue? , Jessica L. Darraby
Pepperdine Law Review
No abstract provided.
The United States-Canada Free Trade Agreement: Exporting Art By The Numbers,
2012
Pepperdine University
The United States-Canada Free Trade Agreement: Exporting Art By The Numbers, James A.R. Nafziger, Mary P. Rooklidge
Pepperdine Law Review
No abstract provided.
Ban On Nude Dancing Strips Away First Amendment Rights To Protect "Order And Morality" In Barnes V. Glen Theatre, Inc.,
2012
Pepperdine University
Ban On Nude Dancing Strips Away First Amendment Rights To Protect "Order And Morality" In Barnes V. Glen Theatre, Inc., Shannon Mclin Carlyle
Pepperdine Law Review
No abstract provided.
Fun & Profit: When Commercial Parodies Constitute Copyright Or Trademark Infringement,
2012
Pepperdine University
Fun & Profit: When Commercial Parodies Constitute Copyright Or Trademark Infringement, Tammi A. Gauthier
Pepperdine Law Review
No abstract provided.
