Entertainment, Arts, and Sports Law Commons^™

Title Ix's Trans Panic, Deborah L. Brake

William & Mary Journal of Race, Gender, and Social Justice

Sport has long been a site of struggle over competing conceptions of social justice, with no cultural flashpoint more contested than gender. A key site of contention has been the meaning and application of Title IX. With June of 2022 marking the law’s fiftieth anniversary, Title IX has been lauded as the law that launched girls’ and women’s sports from the shadows to their present, more celebrated posture. As these anniversary tributes often emphasize, female athletic participation has soared to new heights in all levels of sports. But Title IX also houses tensions and dilemmas for gender justice that were …

Title Ix In Historical Context: 50 Years Of Progress And Political Gamesmanship, Helen Drew, Marissa Egloff, Josie Middione

William & Mary Journal of Race, Gender, and Social Justice

On the fiftieth anniversary of Title IX, it is important to recognize both its historic nature and how it has evolved in political and social context. This Article will begin by examining the history of women’s athletics pre–Title IX, focusing on what activities women participated in, why, and how societal norms shaped their ability to do so. Next, the Article will examine the status of women’s athletic opportunities as Title IX was first proposed, with an emphasis upon its nexus to the women’s rights movement and the Equal Rights Amendment initiative. The Article will then provide historical background for key …

What's Wrong With The Ncaa's New Transgender Athlete Policy?, Erin Buzuvis

William & Mary Journal of Race, Gender, and Social Justice

In 2022, the NCAA changed its long-standing policy permitting transgender athletes to participate in teams that correspond to their affirmed gender. For twelve years, the NCAA permitted transgender women to participate in women’s sports events under NCAA control, so long as they first underwent a year of androgen suppression. Starting in 2020, however, a political movement to ban transgender women and girls from competing in women’s sport, galvanized by backlash against a single collegiate swimmer, has challenged NCAA’s inclusive approach. Rather than demonstrate leadership and support for rights of transgender women to compete, the NCAA revised its policy to one …

Countering Personalized Speech, Leon G. Ho

Northwestern Journal of Technology and Intellectual Property

Social media platforms use personalization algorithms to make content curation decisions for each end user. These personalized recommendation decisions are essentially speech conveying a platform's predictions on content relevance for each end user. Yet, they are causing some of the worst problems on the internet. First, they facilitate the precipitous spread of mis- and disinformation by exploiting the very same biases and insecurities that drive end user engagement with such content. Second, they exacerbate social media addiction and related mental health harms by leveraging users' affective needs to drive engagement to greater and greater heights. Lastly, they erode end user …

Book Ban Opponents Face An Uphill Battle With Current Discretionary Review Standards, Zach Cihlar

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

On October 25th, 2021, Texas State Representative Matt Krause, in his capacity as Chairman of the Committee on General Investigating, circulated a letter addressed to the Texas Education Agency and school-district superintendents. The letter requested that superintendents identify and investigate a list of 800 books possibly held in their districts’ libraries that might contain topics ranging from human sexuality to HIV/AIDS to any material that “might make students feel discomfort, guilt, anguish . . . or psychological distress because of their race or sex . . . .”

This post was originally published on the Cardozo Arts & Entertainment Law …

70 Years Of Dance: Copyrighting Choreography Since 1952, Annie Planker

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Choreography has long been a subject of controversy in the world of copyright. Despite its significance in the artistic community and the rise of social media in our everyday lives, choreography has not received the same property protections as other artforms, such as music, painting or sculpture. This is partly due to the transient nature of choreography; copyright law requires “fixed expressions” of works. It is also due to a legal hesitation to limit “social” arts. Lawmakers have little desire to prohibit large masses from participating in cultural activities.

This post was originally published on the Cardozo Arts & Entertainment …

Out Of The Octagon And Into The Courtroom: The Ufc’S Antitrust Lawsuit, John Milas

DePaul Journal of Sports Law

No abstract provided.

The First Step: Student-Athletes Finally Get The Right To Be Compensated For Their Names, Images, And Likenesses, Joseph Ranieri

DePaul Journal of Sports Law

No abstract provided.

From Bet Slips To Bank Accounts: The Federal Legalization Of Sports Betting, Brandon Grant

DePaul Journal of Sports Law

No abstract provided.

The Employment Status Of The Twenty-First Century Ncaa Collegiate Athlete: An Evaluation Of The Fair Labor Standards Act And The National Labor Relations Act, Danielle L. Kennebrew

DePaul Journal of Sports Law

Many individuals believe that the twenty-first century NCAA collegiate athlete should not be classified as an employee of their respective universities due to the longstanding tradition of amateurism governing collegiate athletics. However, such a proposition does not analysis the statutory test articulated by the Fair Labor Standards Act (FLSA) and the National Labor Relations Act (NLRA) when determining a worker’s employment statues. Upon review of the economic realities test utilized by the FLSA and the common-law agency test utilized by the NLRB, there are strong arguments for collegiate athletes holding employee status resulting from the compensation they receive in the …

Anticipating The New “Green Guides”: Ftc Promises Review Of Environmental Marketing Guidance, Frances Bandas

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The Federal Trade Commission (“FTC”) is poised to review its “Green Guides,” a series of guidelines issued to help marketers make nondeceptive environmental claims that comply with federal regulations. Guidance is supplied for claims about a product or its packaging, claims made in connection with a sale or service, and all forms of marketing claims.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on September 20, 2022. The original post can be accessed via the Archived Link button above.

Can The Big Five Of Publishing Become The Big Four?, Olivia Nacionales

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

On March 4, 2020, ViacomCBS announced its intention to sell its book-publishing subsidiary, Simon & Schuster. This announcement came less than a year after the merger between Viacom and CBS. Since the 2019 merger, ViacomCBS decided to focus on television and video and began selling its smaller companies that do not have a “significant connection for [its] broader business.” Prior to the announcement to buy Simon & Schuster, ViacomCBS had received “unsolicited inbound calls” regarding the sale of the book publishing company.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on September 20, 2022. …

Fashion In The Times Of War: The Recent Exodus Of Luxury Brands From Russia And What It Means For Trademark Law, Irene Calboli, Vera Sevastianova

Faculty Scholarship

In February 2022, Russia infamously invaded Ukraine, starting an unprovoked war. As a result, many foreign companies left their Russia-based operations, including most luxury fashion houses. In these remarks, we elaborate on the possible issues that these companies may face regarding the enforcement of their IP rights in Russia, particularly trademark rights, following their departure resulting from the sanctions imposed by Western countries.

At the time of writing, perhaps the most pressing issue is whether luxury fashion houses risk losing their trademark rights in Russia due to their decision to suspend their operations, even though temporarily. An additional issue facing …

Cardozo Aelj’S Statement On Yu’S Appeal To Scotus, Editorial Board

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The Cardozo Arts & Entertainment Law Journal (“AELJ”) strongly and unequivocally condemns Yeshiva University’s treatment of its LGBTQ+ undergraduate students. New York courts found that Yeshiva University’s refusal to recognize and fund the undergraduate LGBTQ+ group, Pride Alliance, was in violation of NYC Human Rights Law because Yeshiva University is chartered as an educational corporation, receives public funds, and is, therefore, not eligible for the Human Rights Law religious corporation exemption. Yeshiva now petitions the Supreme Court of the United States to stay that judgment so it may continue to discriminate against LGBTQ+ students in the name of religious freedom. …

Hoosier Athletes Get An Assist From Law Students Through Name, Image And Likeness Initiative, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Student-athletes at Indiana University Bloomington will get an assist from their peers at the IU Maurer School of Law under a new Name, Image and Likeness Initiative through the school’s Center for Intellectual Property Research.

As student-athletes navigate the still-emerging complexities of the NCAA’s new policy surrounding name, image and likeness — also referred to as NIL — they’ll now have a homefield advantage: one of the country’s top intellectual property clinics.

Cut Athletes' Injunction Hail Mary: Covid-19 And The Unveiling Of Title Ix Noncompliance In Collegiate Sports, Elizabeth Kletsel

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

2022: The Age Of The Empowered Athlete, Jeffrey S. Moorad Sports Law Journal

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Beyond Bostock: Title Ix Protections For Transgender Athletes, Joseph Brucker

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Is Age Just A Number: The Intersection Of The Fair Labor Standards Act And Professional Sports, Kacey Mccann

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Fastball Down The Middle- How Major League Baseball's Players Association Can Hit A Homerun By Implementing Its Own Human Equity Fund, Ryan Thomas

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.