Entertainment, Arts, and Sports Law Commons^™

Under Review: Stadium Construction And State Environmental Policy Acts, Alex Porteshawver

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, Kristen E. Knauf

Marquette Sports Law Review

No abstract provided.

One Trilogy That Should Go Without A Sequel: Why The Baseball Antitrust Exemption Should Be Repealed, Brittany Van Roo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.

They Aren't Who We Thought They Were: The Importance Of Genetic Testing In Major League Baseball To Prevent The Falsification Of Players' Ages, Laurie C. Frey

Marquette Sports Law Review

No abstract provided.

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, Michael C. Shull

Marquette Sports Law Review

No abstract provided.

Imagining The Law: Art, Christine Haight Farley

Contributions to Books

Law’s relations to art--to its creation, its production, and dissemination, its restriction as well as to commercial and contractual agreements about art works—are as multiform and complex as the category of art itself. Acknowledging that there is no discrete body of law that governs art, the author defines art law as “the survey of legal issues raised by art, artist, and the art world” and surveys four central themes: the law as art, the law of art, the law of creativity, and the collision of art and law. Any legal dispute about art usually evokes a plea for special legal …

Silencing The Crowd: Regulating Free Speech In Professional Sports Facilities, Nick Desiato

Marquette Sports Law Review

No abstract provided.

Index: Sports Law In Law Reviews And Journals, Kristen E. Knauf

Marquette Sports Law Review

No abstract provided.

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, Andrew Medeiros

Marquette Sports Law Review

No abstract provided.

The Nfl, Intellectual Property, And The Conquest Of Sports Media, Eric E. Johnson

Faculty Articles

This article explores how the National Football League (NFL) has used assertions of intellectual property to control media coverage of its activities and events. Some history is uncovered, including the NFL’s project of wresting copyright ownership to televised game coverage away from the broadcast television networks. Also reviewed is the NFL’s spurious claims of copyright ownership over footage shot by third persons. The article further explains how the NFL has, in recent years, begun to use press accreditation as a way to gain copyright ownership over news-media footage and to eliminate competition with the NFL’s own web and television media …

What's All The Headache: Reform Needed To Cope With The Effects Of Concussions In Football, Erika A. Diehl

Journal of Law and Health

In order to effectively manage this public health concern, it is imperative to gain an understanding of the issues surrounding head injuries in sporting events. This Note will discuss the increasing frequency and dangers of concussions in amateur and professional football. It will suggest that athletes, schools, coaches, and doctors must become more educated on the causes and dangers of concussions in order to ensure the safety of participants. In order to do so, this Note introduces a medical overview of concussions, while briefly outlining the diagnosis, long-term effects, and management of concussions. Part III discusses the legal theories athletes …

Entertainment Law – The Specter Of Malpractice Claims And Disciplinary Actions, John P. Sahl

Akron Law Faculty Publications

This article addresses the increasing exposure of entertainment lawyers to malpractice claims and disciplinary proceedings, highlighting how the unique pressures and structures of the entertainment industry heighten legal and ethical risks. It examines recurring issues such as conflicts of interest, dual representation, lack of formal engagement agreements, and overstepping professional boundaries—problems often exacerbated by the informal, relationship-driven nature of the industry. Through analysis of relevant case law and disciplinary outcomes, the article identifies patterns of professional misconduct and assesses the adequacy of current legal ethics frameworks in addressing these challenges. It concludes by recommending practical safeguards and ethical best practices …

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 …

Pause The Game: Are Video Game Producers Punting Away The Publicity Rights Of Retired Athletes?, Brandon Johansson

Nevada Law Journal

This Note argues that widely recognized retired athletes, such as Jim Brown, whose likenesses have been used in video games, will be able to recover damages under likeness laws if video game producers do not take more action to protect themselves from such lawsuits. Part II of this Note will discuss the history of likeness rights and how they have developed in our legal system. Part III will discuss how licensing agreements operate in sports through collective bargaining agreements between the current athletes and the player unions. This Note will then argue, using Brown v. Sony as an example, that …

Dead On The Vine: Living And Conceptual Art And Vara, Charles Cronin

Vanderbilt Journal of Entertainment & Technology Law

The Visual Artists Rights Act of 1990 (VARA) broadened general copyright protection under U.S. law by granting to artists who have created certain copyrightable physical works of visual art, the moral rights of attribution and integrity. Since the time of VARA's enactment (and for some time before) many artists have worked with unconventional genres and media to produce art that is not comfortably accommodated among the visual art works contemplated by VARA. An increasing number of recent works of Conceptual and Appropriationist Art raise doubts about fixation and original expression, both of which are required for copyrightability which, in turn, …

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, …

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 …

Baseball's Moral Hazard: Law, Economics, And The Designated Hitter Rule, Dustin E. Buehler, Steve P. Calandrillo

Articles

No subject prompts greater disagreement among baseball fans than the designated hitter rule, which allows teams to designate a player to hit for the pitcher. The rule increases the number of hit batsmen, and some have suggested this effect is a result of "moral hazard," which recognizes that persons insured against risk are more likely to engage in dangerous behavior. Because American League pitchers do not bat, they allegedly are not deterred by the full cost of making risky, inside pitches—namely, retribution during their next at bat.

Using a law-and-economics approach, this Article concludes that the designated hitter rule creates …