Entertainment, Arts, and Sports Law Commons^™

Michael Oher And "The Blind Side" Of Conservatorships, Cardozo Fame Center, Bet Tzedek Civil Litigation Clinic, Cardozo Entertainment Law Society, Cardozo Sports Law Society (Csls)

2024 Event Invitations

The Michael Oher case brought to light another shocking example of the overuse of conservatorship. How did a court take away Michael Oher's basic decision-making rights, including the right to enter contracts, when he thought he was being adopted rather than consenting to a conservatorship? Who benefits from The Blind Side as well as Oher’s sports contracts and how do these arrangements compare to similar situations in which there is no guardian in place? What role do sports and entertainment lawyers have in making sure an athlete shares in the profits when his life story is told?

There's No Such Thing As A Free Bet: How To Stop Misleading The Public In Gambling Advertisments, Benjy Apelbaum

University of Michigan Journal of Law Reform Caveat

For many years, gambling was limited to lottery tickets and casinos in select states and Nevada was the only state where sports gambling was legal. In 2018, the Supreme Court ushered in a new era of gambling when it struck down the federal Professional and Amateur Sports Protection Act (PASPA) in Murphy v. National Collegiate Athletic Ass’n.

States are now free to regulate sports gambling, including mobile gambling on cell phones. Thirty-six states have legalized sports gambling, and twenty-nine of those states allow for mobile betting. Online casino games such as slots and blackjack have been legalized in six states. …

Likes, Camera, Action: Safeguarding "Child Influencers" Through Expanded Coogan Protections And Increased Regulation Of Social Media, Dana D. Joss

William & Mary Business Law Review

As a result of the increased popularity of influencer marketing, various “child influencers” have risen to stardom on popular social media platforms such as YouTube, TikTok, and Instagram. To date, these children have no protections under the law to safeguard them from the dangers of the influencer industry. Namely, there are no safeguards from financial exploitation by parents and guardians; children hold no guarantee that they can retain their earnings from social media. Further, there are no regulations in place regarding the number of hours child influencers may work and such children sometimes maintain little control over the extent of …

The Underwater: Using Art To Engage Communities Around Climate Action, Xavier Cortada

University of Miami Law Review

This Article delves into the intersection of art and environmental activism, with a focus on the impact of climate change. Cortada, both an artist and trained attorney, re-counts his three-decade journey leveraging art to inspire community engagement and address social and environmental challenges. He explains how Antarctic researchers made him aware of South Florida's vulnerability to sea level rise, leading to the development of interactive art projects that foster civic engagement and climate advocacy. The Article also addresses the challenges posed by climate denial and misinformation, emphasizing the need for creative strategies to combat these issues.

Cortada introduces specific participatory …

Robots As Pirates, Henry H. Perritt Jr.

Catholic University Law Review

Generative AI has created much excitement over its potential to create new works of authorship in the literary and graphical realms. Its underling machine-learning technology works by analyzing the relations among elements of preexisting material in enormous databases assembled from publicly available and licensed sources. Its algorithms “learn” to predict “what comes next” in different types of expression. A complete system thus can become glib in creating new factual summaries, essays, fictional stories and images.

A number of authors of the raw material used by Generative AI engines claim that the machine learning process infringes their copyrights. Careful evaluation of …

An Evening With Steve Madden, Cardozo Fame Center, Cardozo Fashion Law Society

2023–2024 Flyers

No abstract provided.

An Evening With Steve Madden, Cardozo Fame Center, Cardozo Fashion Law Society

2024 Event Invitations

Join us for a conversation between iconic designer, Steve Madden and Lisa Keith, General Counsel of Steven Madden, Ltd. There will be a reception in the lobby after the event.

Give Or Take—Is The Droit De Suite A Taking Without Just Compensation?, Jeremy Cohen

Pepperdine Law Review

The Constitution mandates Congress to protect the arts and sciences directly by creating an exclusive right called copyright. However, visual artists such as painters, sculptors, and photographers in the United States still cannot participate in the significant profits from the secondary sales of their copyrighted works at public and private auctions. In over eighty countries worldwide, the droit de suite, also known as the Artist Resale Royalty (ARR), grants visual artists such royalties. Unfortunately, the United States currently lacks such a royalty, despite multiple unsuccessful attempts by Congress to pass federal legislation. Although California enacted its own version of the …

College Athlete Employment Model: An “Amateur” Attempt To Resolve The Exploitation Created By The Ncaa, Ryan Brida

University of Miami Business Law Review

The college sports industry is deeply rooted within the culture of the United States. Its popularity has only grown, which has led to business opportunities and vast economic wealth for many within the National Collegiate Athletic Association (“NCAA”). This wealth is mainly distributed among, but not limited to, NCAA executives, conference commissioners, university presidents, coaches, and athletic directors. The individuals actually taking part in the athletic contests, the college athletes, are excluded from this list. Specifically, looking at Division I college athletes, the harsh reality is that these young men and women are participating in a billion-dollar industry and not …

Privacy’S Next Act, Erik Lampmann-Shaver

Washington Journal of Law, Technology & Arts

This Article identifies and describes three data privacy policy developments from recent legislative sessions that may seem unrelated, but which I contend together offer clues about privacy law’s future over the short-to-medium term.

The first is the proliferation, worldwide and in U.S. states, of legislative proposals and statutes referred to as “age-appropriate design codes.” Originating in the United Kingdom, age-appropriate design codes typically apply to online services “directed to children” and subject such services to transparency, default settings, and other requirements. Chief among them is an implied obligation to conduct ongoing assessments of whether a service could be deemed “directed …

Limits Of Algorithmic Fair Use, Jacob Alhadeff, Cooper Cuene, Max Del Real

Washington Journal of Law, Technology & Arts

In this article, we apply historical copyright principles to the evolving state of text-to-image generation and explore the implications of emerging technological constructs for copyright’s fair use doctrine. Artificial intelligence (“AI”) is frequently trained on copyrighted works, which usually involves extensive copying without owners’ authorization. Such copying could constitute prima facie copyright infringement, but existing guidance suggests fair use should apply to most machine learning contexts. Mark Lemley and Bryan Casey argue that training machine learning (“ML”) models on copyrighted material should generally be permitted under fair use when the model’s outputs transcends the purpose of its inputs. Their arguments …

Coded Social Control: China’S Normalization Of Biometric Surveillance In The Post Covid-19 Era, Michelle Miao

Washington Journal of Law, Technology & Arts

This article investigates the longevity of health QR codes, a digital instrument of pandemic surveillance, in post-COVID China. From 2020 to 2022, China widely used this tri-color tool to combat the COVID-19 pandemic. A commonly held assumption is that health QR codes have become obsolete in post-pandemic China. This study challenges such an assumption. It reveals their persistence and integration - through mobile apps and online platforms - beyond the COVID-19 public health emergency. A prolonged, expanded and normalized use of tools which were originally intended for contact tracing and pandemic surveillance raises critical legal and ethical concerns. Moreover, their …

Quantifying Civil Recovery In Hybrid Antitrust-Data Protection Harms, Jose Maria Marella

Washington Journal of Law, Technology & Arts

If digital platforms are found liable on hybrid antitrust-data protection violations, by how much should individual users be compensated? While traditional antitrust literature offers some estimation techniques, these methods were developed mostly around the idea that anti-competitive conduct manifests in supra-competitive prices, lost profits, or lost customers, all of which are easily quantifiable using commercially available evidence.

In digital markets, where antitrust violations are often intertwined with data protection issues, several complications arise. First, unlike transactions covered by traditional treble damage estimation techniques, “data-for-services” dealings are not evidenced by receipts. Second, personal data valuation is highly contextual and prone to …

A Roadmap To Nil And Taxation, Doron Narotzki, Yariv Brauner

American University Business Law Review

The landscape of college sports has dramatically changed in recent years. What was once considered a place for amateur athletes pursuing education now partially mirrors, at least for some student-athletes, the structure and financial dynamics of professional leagues such as the NFL, NBA, and MLB. However, the collegiate sports ecosystem still remains distinct, shaped by unique regulatory frameworks governed by the NCAA. This article reviews and analyses the implications of these changes, and focuses on the tax considerations surrounding Name, Image, and Likeness (NIL) rights and how the evolving nature of college sports also presents certain tax implications, some of …

College Athlete Unionization, Roberto L. Corrada

Sturm College of Law: Faculty Scholarship

The U.S. Supreme Court's landmark 2021 decision in NCAA v. Alston has opened the door to serious consideration of the potential for college athlete unionization and collective bargaining. The ruling, highlighted by Justice Kavanaugh's concurring opinion, suggests collective bargaining as a potential solution to the National Collegiate Athletic Association's ("NCAA's") antitrust vulnerabilities. This Article delves into the initial legal and strategic questions surrounding the prospect of unionization, focusing particularly on NCAA Division I football and basketball, due to their significant revenue generation making them prime candidates for unionization efforts.

The National Labor Relations Board ("NLRB" or "Board") is positioned to …

The Phillie Phanatic Hits Free Agency: An Analysis Of Phillies V. Harrison And The Application Of Copyright Law To Mascots As Characters, Olivia C. Giles

Duquesne Law Review

Wacky, chaotic, lovable. These are just a few words used to describe mascots of all types, especially the Phillie Phanatic. The Phanatic is arguably one of the most well-known and recognizable mascots in sports. Its taunting of opposing teams and goofy yet aggressive personality have shifted the mascot landscape; as the way mascots are perceived continues to change, so does the number of teams hoping to use them.¹ The Phanatic's antics at games have led to trouble more than a few times, gaining it the title of the mostsued mascot in sports.² Nonetheless, the Phanatic is a cherished …

Antitrust Against The Anti-Hero: Ticketmaster Monopoly Wages Ongoing War On The Concert Industry, Claire J. Neiberg

Duquesne Law Review

Taylor Swift is one of the biggest names in the music industry. Following her rise to fame in 2006, Swift made history as the first female country singer to write an entire U.S. platinum-certified album, and over the next seventeen years, she has curated a discography spanning multiple genres and reaching millions of listeners. When Swift announced ticket sales for her 2023 The Eras Tour, fans were met with an obstacle that concertgoers know all too well: Ticketmaster and its monopolistic practices. Founded in 1976, Ticketmaster is the world's largest ticketing sales and distribution company and the global market leader …

Volume 32 Masthead

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Index: Sports Law In Law Reviews And Journals, Joseph A. Delia, Sydney A. Hardy

Marquette Sports Law Review

No abstract provided.

Henderson And The Objective Observer Standard: The Future Of Race-Conscious Standards Post-Students For Fair Admissions, Gabriela Dionisio

Seattle University Law Review

On June 29, 2023, the Supreme Court of the United States decided Students for Fair Admissions v. President & Fellows of Harvard College, which struck down race-conscious admissions policies. Within just a year after its ruling, Students for Fair Admissions has already had a sweeping impact, reaching beyond higher education. Although the Supreme Court did not indicate whether Students for Fair Admissions applies to sectors beyond higher education, law firms, and other employers have already modified their diversity policies and initiatives, erasing race and company diversity considerations. Given those dramatic changes, there is growing fear that Students for Fair Admissions …