Entertainment, Arts, and Sports Law Commons^™

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 …

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. …

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.

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.

High School Coaches Call A Foul: Important Considerations For High School Coaches Considering A Defamation Claim, Mallory Shumaker

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Call To The Bullpen: Saving High School Student Athlete Name, Image, And Likeness Rights, Francesca Casalino

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Brian Flores's Employment Discrimination Lawsuit Against The Nfl: A Game Changer Or Business As Usual?, Michael Conklin, Jennifer Barger-Johnson, Marty Ludlum

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Patents And The Pandemic: Intellectual Property, Social Contracts, And Access To Vaccines, Peter Lee

Washington Journal of Law, Technology & Arts

Through enormous public support and private initiative, biopharmaceutical firms developed safe and effective COVID-19 vaccines in record time. These remarkable vaccines represent humanity’s best chance to end the devastating pandemic. However, difficult questions about ownership and access have arisen alongside the development and deployment of these vaccines. Biopharmaceutical companies have patented many of the technologies underlying these vaccines, thus seeming to pit intellectual property rights against the objective of wide and rapid dissemination of these critical resources. While prevailing debates have been framed in the language of intellectual property, this Article suggests that contract principles can help break the impasse …

Cyber-Silencing The Community: Youtube, Divino Group, And Reimagining Section 230, Layla G. Maurer

Washington Journal of Law, Technology & Arts

Social media platforms, once simple messaging boards, have grown to colossal size. They are now a vital source of communication and connection, particularly for marginalized groups such as the LGBTQ+ community. Social media holds incredible sway over the news, political discourse, and entertainment that we consume, and the platforms we use are now able to sculpt conversations simply by allowing or disallowing (i.e., moderating) specific types of speech or content.

One indirect form of moderation is demonetization, a means by which content creators are disallowed revenue from advertisements on their hosted media. The consequence of improper demonetization is not just …

Fixing The Dent: How Nfl Owners Closed The Door To Civil Common Law Liability, Zachary Okun

Pepperdine Dispute Resolution Law Journal

With a new, eleven-year Collective Bargaining Agreement (CBA) upon us, this paper will discuss in Section II what a CBA is, the purpose CBAs serve, and the function and historical treatment of the NFL’s CBA by the courts. Section II will also explain the NFL arbitration process, the reason the NFL fights so hard to enforce arbitration, and why the players should have been more cognizant of the provisions within the CBA which act to insulate the NFL and its Clubs from common law tort liability. Section III will discuss the NFL’s historical reliance of the LMRA §301 preemption defense; …

All Bets Are On! . . . Line: The Varied Regulatory Framework Of An Interconnected Online Sports Betting System, Meg Graham

Georgia Journal of International & Comparative Law

No abstract provided.