Rhode Island And Sports Law,
2022
Central Michigan University
Rhode Island And Sports Law, Adam Epstein
Roger Williams University Law Review
No abstract provided.
Panel 2: Modern Trends And Internet Speech,
2022
Elon University School of Law
Panel 2: Modern Trends And Internet Speech, Enrique Armijo, Paul M. Barrett, Michael A. Cheah, Zahra Takhshid, Felix Wu
Cardozo Arts & Entertainment Law Journal
The article explores the complexities and future of Section 230, focusing on its role in protecting online platforms from liability for user-generated content. Panelists argue that Section 230 is an immunity, not a subsidy, and discuss its implications for content moderation, new technologies, and regulatory oversight. They propose various reforms, including FTC regulation and clarifying Section 230's scope for emerging harms.
A New Methodology For The Analysis Of Visuals In Legal Works,
2022
University of Kentucky, J.D. Rosenberg School of Law
A New Methodology For The Analysis Of Visuals In Legal Works, Michael D. Murray
FIU Law Review
The goal of this Article is to introduce a comprehensive methodology for the analysis of visuals used for communication in legal works, by which I mean transactional and litigation documents, legal instruments, primary and secondary sources of law, and legal informational materials. To date, the scholarship on visuals in legal communications has been heavily descriptive, with some forays into the ethical and practical considerations of the use of “visualized” legal works. No one has yet devised a comprehensive analytical methodology that draws upon the disciplines of visual literacy, visual cultural studies, visual rhetoric, and mise en scène analysis to evaluate …
Sabermetrics And Patents?: Open Source, Property Protections, And Alice V. Cls Bank,
2022
Marquette University Law School
Sabermetrics And Patents?: Open Source, Property Protections, And Alice V. Cls Bank, Keegan L. Rand
Marquette Intellectual Property & Innovation Law Review
None
Points Of No Return: How The Ninth Circuit’S New Voluntary Undertaking Doctrine Changes Return-To-Play In Sports,
2022
Boise State University College of Business and Economics
Points Of No Return: How The Ninth Circuit’S New Voluntary Undertaking Doctrine Changes Return-To-Play In Sports, Sam C. Ehrlich
University of San Francisco Law Review
No abstract provided.
#Metoo: Music Industry Edition,
2022
University of San Francisco School of Law
#Metoo: Music Industry Edition, Nazarene Anderson
University of San Francisco Law Review
No abstract provided.
Transgender Student-Athletes Punch Back: A Legal Analysis Of States' "Fairness In Women's Sports Act" And How It Violates The Fourteenth Amendment And Title Ix,
2022
University of San Francisco School of Law
Transgender Student-Athletes Punch Back: A Legal Analysis Of States' "Fairness In Women's Sports Act" And How It Violates The Fourteenth Amendment And Title Ix, Daniel Jimenez
University of San Francisco Law Review
No abstract provided.
Twenty Yards From The End Zone: Adr, And The Potential For Greater Levels Of Gender Equality In Professional Sports Employment,
2022
Benjamin N. Cardozo School of Law
Twenty Yards From The End Zone: Adr, And The Potential For Greater Levels Of Gender Equality In Professional Sports Employment, Elan Kirshenbaum
Cardozo Journal of Conflict Resolution
This Note will highlight the specific instances of gender-based employment discrimination in professional sports and then consider how alternative dispute resolution (“ADR”) provides the best avenue to address and correct these imbalances. In particular, this Note will analyze the benefits and drawbacks of ADR and litigation, while simultaneously applying this analysis to the discussion of the gender gap in professional sports employment. Part II will outline several examples of this discrimination, while also briefly detailing the general hiring and wage gaps that exist between men and women. In doing so, this section will examine the hiring practices of three of …
Extra Life: An Odr Mediation System As A Moderation Tool For Live Streaming Platforms,
2022
Benjamin N. Cardozo School of Law
Extra Life: An Odr Mediation System As A Moderation Tool For Live Streaming Platforms, Myeonghwan Cha
Cardozo Journal of Conflict Resolution
No abstract provided.
A Personal Essay: The Parthenon Marbles And The British Museum's Fairy Tale,
2022
Benjamin N. Cardozo School of Law
A Personal Essay: The Parthenon Marbles And The British Museum's Fairy Tale, David Rudenstine
Cardozo Arts & Entertainment Law Journal
The British Museum's retention of the Parthenon Marbles is justified by a narrative that the author describes as a "fairy tale," unsupported by historical evidence. The museum claims that Lord Elgin obtained prior written permission from Ottoman authorities to remove the sculptures, but the author argues that this claim is false and contradicted by available evidence. The article contends that the museum's narrative lacks an evidentiary foundation, amounting to deliberate misrepresentation, and calls for the return of the marbles to Athens.
The Parthenon Marbles Case: Background And The Arguments Of Greece And The Uk,
2022
University of Nicosia
The Parthenon Marbles Case: Background And The Arguments Of Greece And The Uk, Irini Stamatoudi
Cardozo Arts & Entertainment Law Journal
The article examines the longstanding dispute over the Parthenon Marbles, focusing on the legal, ethical, and policy arguments between Greece and the UK. It critiques the UK's reliance on the "Universal Museum" theory and legal constraints, arguing that the Marbles' return to Greece is justified on ethical and cultural grounds. The article emphasizes the importance of reuniting the Marbles in their original context and challenges the UK's position as outdated and contrary to modern principles of cultural heritage law.
Opening Remarks,
2022
Benjamin N. Cardozo School of Law
Opening Remarks, Christopher J. Buccafusco, Matthew Vernace
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Section 230 And The Right To Remove Vaccine Misinformation,
2022
University of Miami Law School
Section 230 And The Right To Remove Vaccine Misinformation, Michael A. Cheah
Cardozo Arts & Entertainment Law Journal
Recognizing its clear propensity to cause serious public harm, many online platforms have restricted vaccine misinformation. This essay argues that these platforms are protected from liability when they remove such content under Section 230 of the Communications Decency Act. The essay conducts a textual and policy-based analysis of the "publisher" immunity conferred by Section 230(c) (1) and the immunity for restricting objectionable materials under Section 230(c)(2) and concludes that both protect the removal of vaccine misinformation. The essay further argues that repealing Section 230 will not encourage platforms to combat vaccine misinformation as some policymakers have suggested. That is because …
Crying Cda Immunity: Tech Companies' Knee-Jerk Defense To Child Sexual Exploitation & Product Liability Claims,
2022
C.A. Goldberg, PLLC
Crying Cda Immunity: Tech Companies' Knee-Jerk Defense To Child Sexual Exploitation & Product Liability Claims, Carrie Goldberg, Naomi Leeds
Cardozo Arts & Entertainment Law Journal
The article argues that Section 230 of the Communications Decency Act is being misapplied by tech companies like Omegle to avoid liability in cases involving child sexual exploitation and product liability. It contends that Section 230 immunity should not shield companies when claims pertain to product design flaws and trafficking, emphasizing the need for courts to recognize the distinction between content moderation and product-related harms.
Opening Remarks,
2022
Benjamin N. Cardozo School of Law
Opening Remarks, Melanie Leslie, David Rudenstine
Cardozo Arts & Entertainment Law Journal
The article addresses the controversy surrounding the Parthenon Marbles, sculptures removed from Greece by Lord Elgin over 200 years ago and currently held by the British Museum. The symposium explores the ethical, legal, and political dimensions of their potential repatriation to Greece, emphasizing the broader implications for cultural property disputes and the role of museums in addressing colonial legacies.
Five Reflections From Five Years Of Fosta/Sesta,
2022
Harvard Law School
Five Reflections From Five Years Of Fosta/Sesta, Kendra Albert
Cardozo Arts & Entertainment Law Journal
The article critically examines the impact of the Fight Online Sex Trafficking Act (FOSTA) and the Stop Enabling Sex Traffickers Act (SESTA), arguing that these laws have disproportionately harmed sex workers by leading to widespread deplatforming and increased criminalization. While FOSTA/SESTA aimed to combat sex trafficking, the author contends that the legislation conflated sex work with trafficking, resulting in the shutdown of harm reduction platforms and exacerbating risks for sex workers. The article emphasizes the need to center the voices of marginalized communities in policy-making and advocates for decriminalization as a more effective approach to preventing exploitation.
Copyright Neutrality? Lessons From Mein Kampf,
2022
Hebrew University of Jerusalem Law Faculty
Copyright Neutrality? Lessons From Mein Kampf, Michal Shur-Ofry, Noy Lion
Cardozo Arts & Entertainment Law Journal
This Article explores the copyright story of Hitler's Mein Kampf over the past century and uses this case study to shed new light on one of copyright's foundational doctrines: the principle of copyright neutrality. Relying on primary archival materials from German archives, combined with legal proceedings from the 1930s onwards, secondary historical sources, and in-depth interviews, we trace the copyright trails of Mein Kampf across several jurisdictions and periods of time. This intricate inquiry unravels the surprisingly central role that copyright played in spreading the Nazi ideology and illuminates a structural imbalance within the neutrality principle, which may legitimize and …
Panel 1: Sexual Exploitation, Sex Workers, And Section 230,
2022
The Catholic University of America
Panel 1: Sexual Exploitation, Sex Workers, And Section 230, Mary Graw Leary, Kendra Albert, Carrie Goldberg, Felix Wu
Cardozo Arts & Entertainment Law Journal
The article examines the implications of Section 230 of the Communications Decency Act, focusing on its impact on sexual exploitation, sex workers, and online speech. Panelists discuss the unintended consequences of legislative changes like FOSTA-SESTA and propose reforms such as the EARN IT Act to address child sexual abuse material (CSAM). They emphasize the need to balance protecting victims with safeguarding legitimate speech, particularly for marginalized communities, and advocate for comprehensive reforms rather than piecemeal changes.
The Need For Adopting Mass Arbitration Waivers In The Online Sports Betting Industry,
2022
Benjamin N. Cardozo School of Law
The Need For Adopting Mass Arbitration Waivers In The Online Sports Betting Industry, Samuel Ditchek
Cardozo Journal of Conflict Resolution
FanDuel and DraftKings, two ascending corporate powerhouses, have been the driving force in online sports betting's surge in popularity. Akin to other online services, both of these providers have featured/currently feature binding arbitration clauses that compel users to settle disputes through arbitration. Though their Terms of Use resemble typical consumer contracts, FanDuel and DraftKings have made a costly error in failing to account for mass copycat arbitration actions. These types of actions are avenues for large groups of consumers to individually file arbitration claims in order to force a settlement. Without the intention of actually pursuing their arbitration claims, consumers …
Mechanical Licenses And The Willing Buyer/Willing Seller Standard: Establishing Royalty Rates In A Vacuum Of Knowledge,
2022
Cardozo Arts & Entertainment Law Journal
Mechanical Licenses And The Willing Buyer/Willing Seller Standard: Establishing Royalty Rates In A Vacuum Of Knowledge, Natalie Linn
Student Articles & Notes
No abstract provided.
