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Examining The Fourth Amendment And Biometric Data Privacy Law Implications Of Ncaa Athletes' Mandated Use Of Athlete Biometric Data Tracking Devices, Alicia Jessop 2022 Pepperdine University

Examining The Fourth Amendment And Biometric Data Privacy Law Implications Of Ncaa Athletes' Mandated Use Of Athlete Biometric Data Tracking Devices, Alicia Jessop

Cardozo Arts & Entertainment Law Journal

This Article presents the first in-depth analysis of the privacy law implications, under both the Fourth Amendment to the United States Constitution and individual states' biometric data privacy laws, resulting from National Collegiate Athletic Association (NCAA) member institutions mandating that athletes wear athlete biometric data (ABD) tracking devices. The Article provides the NCAA' and its member institutions, athletes, and Congress with recommendations of how to respond to the privacy law concerns that exist in a period of expanded ABD collection, use, and storage. Part I discusses the growing practice of athletics departments requiring intercollegiate athletes to wear ABD tracking devices. …


Any Port In A Storm: What Social Media Platforms Should Do To Address The Shifting Legal Tides Governing Content Embedding, Laura Cohen 2022 Benjamin N. Cardozo School of Law

Any Port In A Storm: What Social Media Platforms Should Do To Address The Shifting Legal Tides Governing Content Embedding, Laura Cohen

Cardozo Arts & Entertainment Law Journal

No abstract provided.


#Freebritney: The Importance Of Public Access To The Guardianship System, Cecily D'Amore 2022 Benjamin N. Cardozo School of Law

#Freebritney: The Importance Of Public Access To The Guardianship System, Cecily D'Amore

Cardozo Arts & Entertainment Law Journal

The note examines the systemic issues in the U.S. guardianship system, highlighted by Britney Spears' highly publicized conservatorship case, and advocates for increased transparency and accountability. It argues that while guardianship laws are designed to protect vulnerable individuals, cases like Spears' reveal gaps in oversight, inconsistent public access to records, and the need for less restrictive alternatives. The note proposes reforms, including enhanced public access to guardianship case information and the creation of a centralized database, to address these shortcomings and prevent abuse.


Mechanical Licenses And The Willing Buyer/Willing Seller Standard: Establishing Royalty Rates In A Vacuum Of Knowledge, Natalie Linn 2022 Benjamin N. Cardozo School of Law

Mechanical Licenses And The Willing Buyer/Willing Seller Standard: Establishing Royalty Rates In A Vacuum Of Knowledge, Natalie Linn

Cardozo Arts & Entertainment Law Journal

The Music Modernization Act (MMA) introduced a significant shift in determining mechanical royalty rates by replacing the 801(b)(1) standard with the willing buyer-willing seller standard. This change, while aiming to establish fair market value, presents challenges for the Copyright Royalty Board (CRB) due to the lack of a comparable market and the influence of statutory licensing. The transition is expected to increase royalty rates, impacting various stakeholders, including copyright owners, streaming services, and consumers, and may lead to heightened disputes and uncertainty in the industry.


Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 40, Iss. 2, 2022 Yeshiva University, Cardozo School of Law

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 40, Iss. 2

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Opening Remarks, Christopher J. Buccafusco, Matthew Vernace 2022 Benjamin N. Cardozo School of Law

Opening Remarks, Christopher J. Buccafusco, Matthew Vernace

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Panel 2: Modern Trends And Internet Speech, Enrique Armijo, Paul M. Barrett, Michael A. Cheah, Zahra Takhshid, Felix Wu 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.


Five Reflections From Five Years Of Fosta/Sesta, Kendra Albert 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.


It's Not A Subsidy To Big Tech, Enrique Armijo 2022 Elon University School of Law

It's Not A Subsidy To Big Tech, Enrique Armijo

Cardozo Arts & Entertainment Law Journal

Most Section 230 reform efforts are based on the predicate claim that the immunity the statute provides is a "subsidy to Big Tech." The argument then follows that if government grants a subsidy to an industry, particularly a large one, there are no legal or constitutional problems with either conditioning that subsidy on certain conduct or revoking it altogether. This premise is wrong. It conflates a subsidy with an immunity, which is conceptually distinct. It misstates both the intended and actual primary beneficiaries of Section 230's immunity, who are not large social media platforms or search engines, but Internet users. …


Opening Remarks, Melanie Leslie, David Rudenstine 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.


Keynote Address, Lina Mendoni 2022 Cabinet of Kyriakos Mitsotakis

Keynote Address, Lina Mendoni

Cardozo Arts & Entertainment Law Journal

The article presents a compelling case for the repatriation of the Parthenon Sculptures to Greece, arguing that their removal by Lord Elgin was illegal, destructive, and morally unjustifiable. The Greek government asserts that the British Museum's continued possession violates both historical and contemporary legal standards, undermining cultural integrity and international ethical norms. The argument underscores the sculptures' intrinsic connection to Greece's cultural identity and the global community's growing support for their return.


Panel 1: History Surrounding The Removal Of The Sculptures And The U.K. Purchase Of Elgin's Collection, Samantha Anderson, Elena Korka, David Rudenstine, Giovanna Bellesia 2022 Art Intelligence Global

Panel 1: History Surrounding The Removal Of The Sculptures And The U.K. Purchase Of Elgin's Collection, Samantha Anderson, Elena Korka, David Rudenstine, Giovanna Bellesia

Cardozo Arts & Entertainment Law Journal

The article challenges the British Museum's claim that Lord Elgin legally and ethically acquired the Parthenon Sculptures with proper Ottoman authorization. It argues that the Museum's defense relies on flawed historical narratives, including the misrepresentation of key documents, and asserts that Elgin's actions were unlawful and harmful, undermining the Museum's moral and legal justification for retaining the sculptures.


From Exceptionalism To Solidarity: The Rhetoric Of The Case For The Parthenon Sculptures' Return, Elizabeth Marlowe 2022 Colgate University

From Exceptionalism To Solidarity: The Rhetoric Of The Case For The Parthenon Sculptures' Return, Elizabeth Marlowe

Cardozo Arts & Entertainment Law Journal

The article critiques the "exceptionalism" argument often used to justify keeping the Parthenon Sculptures in the British Museum, emphasizing their supposed uniqueness and the fear of setting a precedent for other repatriation claims. It argues that this approach is both factually and ethically flawed, as it ignores the broader ethical imperatives of decolonization and restorative justice. The author advocates for a shift towards solidarity with other repatriation movements, aligning with global efforts to address colonial legacies and promote ethical museum practices.


The Legality Of The Removal Of The Parthenon Marbles. Truth Or Fiction? Archival Research Reveals The Facts About The Removal Of The Parthenon Marbles By Lord Elgin, Elena Korka 2022 Antiquities and Cultural Heritage of the Hellenic Ministry of Culture and Sports

The Legality Of The Removal Of The Parthenon Marbles. Truth Or Fiction? Archival Research Reveals The Facts About The Removal Of The Parthenon Marbles By Lord Elgin, Elena Korka

Cardozo Arts & Entertainment Law Journal

The article argues that the removal of the Parthenon Marbles by Lord Elgin in the early nineteenth century was illegal, as Elgin never obtained official Ottoman authorization, contrary to British claims. The analysis reveals that Elgin fabricated legal justifications, including the misuse of an unofficial letter from the Kaymakam, to legitimize his actions. The British government's acquisition of the marbles is thus questioned on legal and ethical grounds.


Federal District Court Refuses To Dismiss Challenge To West Virginia Law Banning Trans Girls From Scholastic Athletic Competition, Arthur S. Leonard 2022 New York Law School

Federal District Court Refuses To Dismiss Challenge To West Virginia Law Banning Trans Girls From Scholastic Athletic Competition, Arthur S. Leonard

Other Publications

No abstract provided.


Rear Window: The Future Of Hollywood Contracting In The Streaming Age, Miller Friedman 2022 University of Maryland Francis King Carey School of Law

Rear Window: The Future Of Hollywood Contracting In The Streaming Age, Miller Friedman

Journal of Business & Technology Law

No abstract provided.


The Monetization Of Childhood: How Child Social Media Stars Are Unprotected From Exploitation In The United States, Jessica Pacht-Friedman 2022 Benjamin N. Cardozo School of Law

The Monetization Of Childhood: How Child Social Media Stars Are Unprotected From Exploitation In The United States, Jessica Pacht-Friedman

Cardozo Journal of Equal Rights & Social Justice

The note highlights the legal vulnerabilities of child social media influencers, or "kidfluencers," who are increasingly exploited due to inadequate protections under U.S. labor laws. The Fair Labor Standards Act (FLSA) exempts child performers, and while some states have Coogan Laws, these are insufficient to address the unique challenges posed by digital platforms like YouTube. The author advocates for expanding these protections to include social media stars and adopting a "Right to be Forgotten" to safeguard children's privacy and financial interests.


Concussion Safety Law Should Be Enacted In All Canadian Provinces And Territories, Marcus Moore, Charles H. Tator 2022 Allard School of Law at the University of British Columbia

Concussion Safety Law Should Be Enacted In All Canadian Provinces And Territories, Marcus Moore, Charles H. Tator

All Faculty Publications

The concussion crisis in sports remains an important public health issue. Indeed, it is cited by 97% of Canadians as a major public health concern.


Taxing Sports, John T. Holden, Kathryn Kisska-Schulze 2022 American University Washington College of Law

Taxing Sports, John T. Holden, Kathryn Kisska-Schulze

American University Law Review

Sports are no longer mere games. In today’s money-driven culture, they have cultivated into a lucrative business enterprise where everyone—whether professional or amateur; owner or player; coach or spectator—stands to make significant money. Modern sports have also morphed into a landscape encompassing both the traditional athletic events and the more novel esports and daily fantasy sports (DFS) arenas. Across all these physical, digital, and biological spheres, sports revenues are being measured in terms of billions. It thus stands to reason why taxes have become a progressively critical discussion point within U.S. professional and collegiate sports, the video gaming world, and …


Spider-Man: Work From Home And Retain No Copyright Under The Instance And Expense Test, Shahnoor Kamal Khan 2022 American University Washington College of Law

Spider-Man: Work From Home And Retain No Copyright Under The Instance And Expense Test, Shahnoor Kamal Khan

American University Law Review

From Spider-Man to Ms. Marvel, superheroes are beloved by many, but owned by the few. Marvel Entertainment retains the copyright to iconic characters such as these, despite the fact that Marvel’s employees did not create them. These characters were created by freelance artists Jack Kirby, Steve Ditko, and Lawrence Lieber, among others. Yet, the Second Circuit ruled in Marvel Characters v. Kirby that these freelance artists have no claim of copyright over their own masterful works. The Second Circuit relied on the instance and expense test for copyright, as opposed to the Supreme Court’s leading copyright decision, Community for Creative …


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