Strengthening Nagpra,
2023
Benjamin N. Cardozo School of Law
Strengthening Nagpra, B. Stephen Jones
Cardozo Arts & Entertainment Law Journal
The note examines the limitations of the Native American Grave Protection and Repatriation Act (NAGPRA) in addressing international repatriation of cultural patrimony and proposes complementary legal frameworks to fill these gaps. It highlights the potential of the Safeguard Tribal Objects of Patrimony Act (STOP Act) and the Indigenous McClain Doctrine to enhance protections, while advocating for the recognition of intangible cultural patrimony and the use of moral rights and the right to publicity to safeguard Indigenous cultural sovereignty.
All The Way To Hell: An Artist's Legal Descent Into The Underworld Of Oil And Gas,
2023
Benjamin N. Cardozo School of Law
All The Way To Hell: An Artist's Legal Descent Into The Underworld Of Oil And Gas, Madison S. Marlow
Cardozo Arts & Entertainment Law Journal
Eliza Evans’ project, All the Way to Hell, employs a novel legal strategy to challenge Oklahoma’s permissive fracking regulations by fragmenting mineral rights among thousands of co-owners, aiming to disrupt the forced pooling process. While her approach highlights systemic legal and environmental issues, the state’s industry-friendly framework and regulatory capture present significant barriers to meaningful change. The note argues that Evans’ activism underscores the need for legislative reform to balance individual property rights with environmental protection.
Putting Trust In Technology: A Pandemic's Effect On Remote Estate Planning,
2023
Benjamin N. Cardozo School of Law
Putting Trust In Technology: A Pandemic's Effect On Remote Estate Planning, Amy Weiss
Cardozo Arts & Entertainment Law Journal
The COVID-19 pandemic accelerated the adoption of remote witnessing and notarization in trusts and estates, offering convenience but introducing risks like fraud and privacy concerns. The article advocates for a balanced approach, suggesting uniform national standards to mitigate these risks while maintaining the benefits of remote processes.
America Is Watching, But Are They Listening?,
2023
Benjamin N. Cardozo School of Law
America Is Watching, But Are They Listening?, Nancy Kartos
Cardozo Arts & Entertainment Law Journal
The note examines the persistent issue of violence against Black people, particularly at the hands of police, and how social media has become a significant factor in hindering accountability. It draws historical parallels between past racial violence, such as lynchings during the Jim Crow era, and contemporary police brutality, highlighting how social media amplifies yet polarizes public discourse. The analysis critiques the legal system's failure to hold police accountable, with a focus on the doctrine of qualified immunity, and explores how political polarization exacerbates the problem. The note ultimately argues that without addressing these systemic and technological challenges, meaningful reform …
Pay No Attention To The Influencer Behind The Curtain,
2023
Benjamin N. Cardozo School of Law
Pay No Attention To The Influencer Behind The Curtain, Eliza Logan
Cardozo Arts & Entertainment Law Journal
The note argues that the Federal Trade Commission (FTC) must strengthen its regulation of social media influencers, particularly on platforms like Instagram, due to their significant influence on consumer behavior and the potential for deceptive marketing practices. It emphasizes that influencers should be held accountable similarly to advertising agencies, as their unique ability to build trust and authenticity with followers makes their endorsements more impactful than traditional advertising.
The Ftc's "Made In America" Enforcement Policy Is Too Stringent For Small Businesses To Comply With,
2023
Benjamin N. Cardozo School of Law
The Ftc's "Made In America" Enforcement Policy Is Too Stringent For Small Businesses To Comply With, Jamie Cutler
Cardozo Arts & Entertainment Law Journal
The note argues that the Federal Trade Commission's (FTC) "Made in America" policy is overly stringent and disproportionately burdensome for small businesses. The policy requires products labeled as "Made in America" to contain "all or virtually all" parts and processing from the U.S., a standard that is often ambiguous, economically prohibitive, and misaligned with consumer perceptions. The note contends that this strict enforcement creates a "Hobson's choice" for small businesses, making it infeasible for them to comply without suffering financial harm or reputational damage. It advocates for lowering the threshold to allow more flexibility, which would support small businesses, promote …
Reconsidering A Private Right Of Action Under Vawa: How The Media Portrays Violence Against Women And Its Effect On Commerce Clause Jurisprudence,
2023
Benjamin N. Cardozo School of Law
Reconsidering A Private Right Of Action Under Vawa: How The Media Portrays Violence Against Women And Its Effect On Commerce Clause Jurisprudence, Lauren Chamberlin
Cardozo Arts & Entertainment Law Journal
The note argues that the Violence Against Women Act's (VAWA) private right of action was a valid exercise of Congress's Commerce Clause powers, contrary to the Supreme Court's ruling in United States v. Morrison. It contends that gender-based violence substantially affects interstate commerce and that the Court's decision was influenced by outdated perceptions of such violence as a private matter. The article advocates for the reenactment of the private right of action, emphasizing the need for Congress, the courts, and the states to address the economic and societal impacts of gender-based violence.
Fragmented Music Copyright Protection: A Better Arrangement,
2023
Benjamin N. Cardozo School of Law
Fragmented Music Copyright Protection: A Better Arrangement, Matthew B. Goldman
Cardozo Arts & Entertainment Law Journal
The note explores the challenges of music copyright law, particularly in determining the protectability of fragmented elements within musical works. It argues that by applying doctrinal tools such as the idea-expression distinction, merger, scenes a faire, and thin copyright, courts can better balance the protection of original expression with the need to allow future creativity. The analysis focuses on two key cases, Skidmore v. Led Zeppelin and Gray v. Perry, to illustrate how these tools can be effectively used to resolve music copyright disputes.
Combating False Election Information In A Section 230 Protected World: To Moderate Or Not To Moderate,
2023
Benjamin N. Cardozo School of Law
Combating False Election Information In A Section 230 Protected World: To Moderate Or Not To Moderate, Caitlin Muraca
Cardozo Arts & Entertainment Law Journal
The note examines the challenges of combating false election information on social media platforms, focusing on the role of Section 230 of the Communications Decency Act. It argues that while Section 230 is crucial for protecting online speech, its current form is inadequate in addressing the spread of misinformation in the modern digital landscape. The note evaluates various proposals for reform, including the repeal or modification of Section 230, and suggests a balanced approach that maintains its protections while incentivizing improved content moderation to combat false election information.
Accelerating Toward The Inevitable: How Covid-19 Helped Alter Traditional Models Of Talent Compensation In The Film Industry,
2023
Benjamin N. Cardozo School of Law
Accelerating Toward The Inevitable: How Covid-19 Helped Alter Traditional Models Of Talent Compensation In The Film Industry, Raven Berzal
Cardozo Arts & Entertainment Law Journal
The COVID-19 pandemic accelerated a significant shift in the film industry’s talent compensation models, driven by the rise of streaming platforms and the decline of traditional theatrical releases. This transformation has moved compensation structures from backend profit-sharing to upfront payments, raising legal and contractual challenges. The Johansson v. Disney case exemplifies these disputes, highlighting the need for clearer definitions of success and compensation in the streaming era. The industry is likely to adopt hybrid models, blending upfront fees with alternative compensation methods, as streaming continues to reshape how talent is paid.
A Theoretical Analysis Of Orphan Works,
2023
University of Essex, School of Law
A Theoretical Analysis Of Orphan Works, Eden Sarid, Omri Ben-Zvi
Cardozo Arts & Entertainment Law Journal
In American libraries, museums, and archives, there currently are tens of millions of cultural treasures, such as photos, manuscripts, and sound recordings, which hold extraordinary academic, cultural, and historical value. But these valuable items, known as "orphan works, remain out of public reach. Orphan works are subject to copyright, but their copyright owners cannot be located. These works are stuck in limbo-as copyright works, they cannot be used without permission, but permission cannot be granted because the copyright owner is unknown. This exceptional predicament has not escaped the attention of legislators and academics, yet thus far, the United States has …
Randomness, Ai Art, And Copyright,
2023
New York Law School
Randomness, Ai Art, And Copyright, Richard H. Chused
Cardozo Arts & Entertainment Law Journal
The article argues that art created with the assistance of AI tools should generally be eligible for copyright protection. It posits that human agency is present in the creation of AI-generated art, as traditional artistic works also incorporate randomness and unpredictability. By examining works by artists like Alexander Calder, Robert Rauschenberg, and John Cage, the analysis demonstrates that randomness and unpredictability have long been protected under copyright law, suggesting that AI-generated art should receive similar treatment.
Trademarks And Censorship In The Time Of Covid-19,
2023
University of Washington School of Law
Trademarks And Censorship In The Time Of Covid-19, Xuan-Thao Nguyen
Cardozo Arts & Entertainment Law Journal
During the devastating year of 2020, China quickly conquered the novel coronavirus and roared back economically while the United States faced staggering deaths and economic losses. But underneath the divergent experience of the two countries is an untold story of trademark and censorship in the time of COVID-19. This Article observes that while the United States Supreme Court has lifted the ban on trademark registrations for unconstitutional viewpoint discrimination, opening the door for offensive COVID-19 trademark applications, China has transformed trademark law into the law for censorship as Chinese authorities press forward to achieve twin victories over the coronavirus and …
Protecting Ravenstail: Cultural Appropriation And The Outer Limits Of Copyright Law,
2023
Benjamin N. Cardozo School of Law
Protecting Ravenstail: Cultural Appropriation And The Outer Limits Of Copyright Law, Nosson Sternbach
Cardozo Arts & Entertainment Law Journal
The note examines the challenges minority cultures, particularly indigenous communities, face in protecting their cultural heritage through copyright law, focusing on the Sealaska Heritage Institute Inc. v. Neiman Marcus Group LTD, LLC case. It argues that copyright law's requirements—such as fixation, originality, authorship, and duration—create significant barriers for indigenous cultures seeking to safeguard their intellectual property. The note also critiques the Indian Arts and Crafts Act (IACA) for its inefficacy in preventing cultural appropriation, as it requires plaintiffs to prove specific harms and often fails to address the misuse of cultural motifs without explicit tribal names. The Sealaska case highlights …
Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 41, Iss. 1,
2023
Yeshiva University, Cardozo School of Law
Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 41, Iss. 1
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Dickens V. Lee (1844): A Christmas Tale Of Two Experts Testifying,
2023
University of California, Santa Barbara
Dickens V. Lee (1844): A Christmas Tale Of Two Experts Testifying, Mark Rose
Cardozo Arts & Entertainment Law Journal
The article examines the 1844 case of Dickens v. Lee, highlighting its significance as an early example of the use of expert witnesses in copyright disputes. Dickens successfully sued over the unauthorized adaptation of A Christmas Carol, but the case underscores the challenges of balancing literary and commercial considerations in copyright law. The defense's use of expert testimony to argue market differentiation contrasts with the court's focus on literary similarity, foreshadowing modern debates on substantial similarity in copyright infringement.
How Patents Became Politics,
2023
University of Connecticut School of Law
How Patents Became Politics, Steven Wilf
Cardozo Arts & Entertainment Law Journal
Political mobilization in the digital age often coalesces around opposition to the far-reaching protection of intellectual property. Both copyright and patent have materialized as the centerpiece of major political and legal debates that take a variety of forms, including the European pirate parties, NGOs such as the Electronic Frontier Foundation in the United States, and the call for open source software. The commonplace narrative is that self-interested stakeholders over the past century successfully fashioned an ever-expanding intellectual property system, and that resistance to such legal control of knowledge only emerged in our times. By contrast, this article recovers a littleknown …
Mute Eloquence: A Gallery Of Contracting Emojis,
2023
Benjamin N. Cardozo School of Law
Mute Eloquence: A Gallery Of Contracting Emojis, Courtney Leon
Cardozo Arts & Entertainment Law Journal
The increasing use of emojis in electronic communications, exacerbated by the COVID-19 pandemic, has introduced complexity into contract law due to the lack of standardized interpretation. Courts are encountering disputes over emoji meanings, highlighting the need for a uniform framework. The proposed Emoji Codebook aims to address this by categorizing emojis and providing consistent interpretations, aligning with existing laws like the UCC and E-SIGN Act to facilitate clearer contract formation and mitigate misunderstandings.
And A Second Opinion For All... And Anything Else? The Jack Eichel Saga And Issues Of Medical Autonomy,
2023
Benjamin N. Cardozo School of Law
And A Second Opinion For All... And Anything Else? The Jack Eichel Saga And Issues Of Medical Autonomy, Seth Warshaw
Cardozo Arts & Entertainment Law Journal
The note examines the legal and bioethical implications of the Jack Eichel Saga, focusing on the dispute between Eichel and the Buffalo Sabres regarding medical treatment under the NHL Collective Bargaining Agreement (CBA). It argues that the current CBA's "due consideration" standard for team physicians fails to adequately protect players' medical autonomy and informed consent rights. The analysis concludes that the Sabres would likely prevail in arbitration due to the narrow interpretation of the CBA's provisions, but the dispute highlights the need for reforms to align the CBA with ethical medical standards and enhance player autonomy.
Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 41, Iss. 2,
2023
Yeshiva University, Cardozo School of Law
Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 41, Iss. 2
Cardozo Arts & Entertainment Law Journal
No abstract provided.
