Entertainment, Arts, and Sports Law Commons^™

Antibiotic Resistance, Jessica D. Litman

Articles

Ten years ago, when I wrote War Stories,' copyright lawyers were fighting over the question whether unlicensed personal, noncommercial copying, performance or display would be deemed copyright infringement. I described three strategies that lawyers for book publishers, record labels, and movie studios had deployed to try to assure that the question was answered the way they wanted it to be. First, copyright owners were labeling all unlicensed uses as "piracy" on the ground that any unlicensed use might undermine copyright owners' control. That epithet helped to obscure the difference between unlicensed uses that invaded defined statutory exclusive rights and other …

The Dialectic Of Obscenity, Brian L. Frye

Law Faculty Scholarly Articles

Until the 1960s, pornography was obscene, and obscenity prosecutions were relatively common. And until the 1970s, obscenity prosecutions targeted art, as well as pornography. But today, obscenity prosecutions are rare and limited to the most extreme forms of pornography.

So why did obscenity largely disappear? The conventional history of obscenity is doctrinal, holding that the Supreme Court’s redefinition of obscenity in order to protect art inevitably required the protection of pornography as well. In other words, art and literature were the vanguard of pornography.

But the conventional history of obscenity is incomplete. While it accounts for the development of obscenity …

Defining Public Concern After Snyder V. Phelps: A Pliable Standard Mingles With News Media Complicity, Clay Calvert

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The Limited Protections Of Intellectual Property Law For The Variety Arts: Protecting Zacchini, Houdini, And Cirque Du Soleil, Sara J. Crasson

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Send Me A Picture Baby, You Know I'D Never Leak It: The Role Of Miller V. Mitchell In The Ongoing Debate Concerning The Prosecution Of Sexting, Mallory M. Briggs

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Sister Wives: A New Beginning For United States Polygamist Families On The Eve Of Polygamy Prosecution, Katilin R. Mcginnis

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Perplexing Precedent: United States V. Stevens Confounds A Century Of Supreme Court Conventionalism And Redefines The Limits Of Entertainment, Meredith L. Shafer

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Gender Non-Conformity As A Foundation For Sex Discrimination: Why Title Ix May Be An Appropriate Remedy For The Ncaa's Transgender Student-Athletes, Jennifer V. Sinisi

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Permitting Student-Athletes To Accept Endorsement Deals: A Solution To The Financial Corruption Of College Athletics Created By Unethical Sports Agents And The Ncaa's Revenue-Generating Scheme, Michael A. Corgan

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The Right Of Publicity In New York And California: A Critical Analysis, Paul Czarnota

Jeffrey S. Moorad Sports Law Journal (1994 - )

The article provides an analysis of the right of publicity under the state laws of New York and California as of September 2012, focusing on the application of the laws to celebrities and the illegal use of their identities in advertising and trade. The New York right to publicity tort laws reportedly protect a celebrity's name, portrait, and voice from unauthorized use by third parties. The New York case Roberson v. Rochester Folding Box Co. is also mentioned.

Don Fehr Trades His Ball For A Puck: Will He Continue To Score, Jordan I. Kobritz, Jeffrey F. Levine, Steven C. Palmer

Jeffrey S. Moorad Sports Law Journal (1994 - )

The article discusses former Major League Baseball Players' Association (MLBPA) Executive Director Donald Fehr and his decision to help the National Hockey League Players' Association (NHLPA) with the reforming of its constitution and its search for a director. The NHLPA's plan to use Fehr in its collective bargaining agreement (CBA) negotiations with the National Hockey League (NHL) in 2012 is also addressed.

Brady V. Nfl: How The Eighth Circuit Saved The 2011 Nfl Season By Supporting Negotiation, Not Litigation, Erick V. Passer

Jeffrey S. Moorad Sports Law Journal (1994 - )

The article discusses the United States District Court for the District of Minnesota case Brady v. National Football League (NFL) which deals with the NFL players' attempt to obtain a preliminary injunction to prevent the NFL from locking them out during the NFL's collective bargaining agreement (CBA) negotiations with the NFL Payers Association (NFLPA). The U.S. Sherman Anti-Trust Act is also addressed.

The Worst Form Of Championship, Except For All Of The Others That Have Been Tried: Analyzing The Potential Anti-Trust Vulnerability Of The Bowl Championship Series, David L. Ricci

Jeffrey S. Moorad Sports Law Journal (1994 - )

The article discusses the U.S. college football Bowl Championship Series (BCS) as of September 2012, focusing on the potential anti-trust implications of the National Collegiate Athletic Association's (NCAA) BCS system of individual bowl games, as well as several calls for the NCAA to implement a traditional playoff system for determining a national champion. The possibility of a successful Sherman Anti-Trust Act lawsuit against the NCAA is also addressed.

This Is Hardcore: Why The Court Should Have Granted A Writ Of Mandamus Compelling Mandatory Condom Use To Decrease Transmission Of Hiv And Stds In The Adult Film Industry, Tara M. Allport

Jeffrey S. Moorad Sports Law Journal (1994 - )

The article discusses the U.S. adult film industry as of September 2012, focusing on a call for the courts to issue a writ of mandamus requiring the industry to force film participants to use condoms to prevent the transmission of HIV and other sexually-transmitted diseases. The author argues that the Los Angeles County Department of Public Health abused its discretion as a government agency by failing to protect the health of adult film industry participants such as actor Derrick Burts.

Driving Americans' Perception Of Recreation: Awaiting The Park Service's Long-Term Solution To Access In Yellowstone National Park, Thomas M. Duncan

Jeffrey S. Moorad Sports Law Journal (1994 - )

The article discusses recreation activities in the U.S. Park Service (USPS) system and the USPS' policies regarding snowmobile access in Yellowstone National Park as of September 2012. The author argues that the U.S. government, in its interpretation of the National Park Service Organic Act, is risking the loss of Yellowstone National Park's natural resources. The competing interests of recreational enthusiasts and preservationists are examined.

Stealing Home In Hollywood: Why The Takeover Of The Los Angeles Dodgers Illustrates The Unjust Nature Of Major League Baseball's Antitrust Exemption, John W. Polonis

Jeffrey S. Moorad Sports Law Journal (1994 - )

The article discusses Major League Baseball's (MLB) takeover of the Los Angeles Dodgers baseball team from owner Frank McCourt following his divorce from his wife Jamie, as well as MLB's alleged unjust antitrust exemption as of September 2012. The author argues that McCourt could have challenged the anti-competitive takeover practices of MLB and its commissioner Bud Selig since McCourt's attempt to broker a television deal with Fox Sports did not break any of MLB's rules.

To Catch An Art Thief: Using International And Domestic Laws To Paint Fraudulent Art Dealers Into A Corner, Amber J. Slattery

Jeffrey S. Moorad Sports Law Journal (1994 - )

The article discusses the use of international and domestic laws to capture suspected art thieves as of September 2012. International treaties reportedly impose criminal charges for the theft and trafficking of cultural properties such as works of art. The author argues that foreign nations should look to the U.S. as an example of how to successfully prosecute art thieves and corrupt art dealers under domestic fraud laws.

Unsportsmanlike Conduct: The Duty Placed On Stadium Owners To Protect Against Fan Violence, Steven J. Swenson

Marquette Sports Law Review

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Duration Of Copyright In Audiovisual Works Under Us Copyright Law, Jane C. Ginsburg

Faculty Scholarship

Calculating the duration of US copyright in audiovisual works can be a daunting task, complicated by issues of transitional law spanning the US Copyright Acts of 1909 and 1976 and the latter’s subsequent amendments. Readers with an inclination for complexity will find their tastes amply satisfied when inquiry turns to the questions of private international law that also come into play when foreign audiovisual works are at issue. Gluttons for punishment will further relish addressing the relationship of the duration of copyright in an audiovisual work to the duration of copyright in the underlying literary work on which the film …

Reimagining International Water Law, Tim Stephens

Maryland Law Review Online

No abstract provided.