Entertainment, Arts, and Sports Law Commons^™

The Three Conundrums: Doctrinal, Theoretical, And Practical Confusion In The Law Of Sexually Explicit Speech, Kyla P. Garrett Wagner, P. Brooks Fuller

UC Law SF Communications and Entertainment Journal

In First Amendment law, one rarely disputed notion is that sexually explicit speech is less valuable than so-called “core” forms of expression, such as political discourse. This study revives that dispute with a focus on the Supreme Court’s justifications for categorizing sexually explicit speech as “low-value” in the first place. The analysis reveals three conundrums plaguing the Court’s jurisprudence: categorizing restrictions on sexually explicit speech; interpreting the value and harms of sexually explicit speech; and assessing the evidence (or lack thereof) for restrictions on sexually explicit speech. This article explains how these conundrums should be resolved in sexually explicit speech …

A “Journey” Through Band Agreements, Jordan M. Whitford

UC Law SF Communications and Entertainment Journal

No abstract provided.

The Growth & Regulatory Challenges Of Decentralized Finance, Aaron J. Wright

Articles

The article explores the rapid growth and regulatory challenges of decentralized finance (DeFi), a blockchain-based sector that replaces traditional financial intermediaries with automated smart contracts. DeFi platforms, such as decentralized exchanges (DEXes) and lending protocols, offer financial services like trading, lending, and asset management without centralized control. While DeFi promises lower costs, greater accessibility, and financial inclusion, it also raises significant regulatory questions, particularly around compliance, liability, and oversight. The article highlights the tension between DeFi's decentralized nature and the need for legal frameworks to address risks such as fraud, market manipulation, and systemic instability.

Boxers And The Bargaining Table: How Canelo Alvarez’S Recent Dispute Could Open The Door For Streaming Giants To Enter The Promotional Ring, Sean O'Donnell

DePaul Journal of Sports Law

No abstract provided.

Ncaa’S Name, Image, And Likeness Rules In The Wake Of The Nba’S G League: What It Means For Antitrust Protection, Nathanial Hall

DePaul Journal of Sports Law

This paper analyzes the development of the NBA’s age restriction rules and places those developments alongside the newfound trend of America’s top players opting out of playing in the NCAA, and instead seeking out other avenues when it comes to their one-year “development.” The paper begins by giving a brief antitrust analysis as those laws relate to age eligibility rules in the NBA. Next, this paper reviews the evolution of professional sports age eligibility requirements as they relate to their respective drafts. In doing so, the paper will discuss the current format of the NBA’s Draft, its rookie wage scale, …

A Global Pandemic And A Wildcat Strike: How Covid-19 And Civil Unrest Could Impact The Nba’S Labor Relations, Bennett A. Herbert

DePaul Journal of Sports Law

The future of the NBA’s labor relations could be significantly impacted by the COVID-19 pandemic and the recent civil unrest around the country. The current NBA collective bargaining agreement was approved in 2016. In the four seasons following its approval, both owners and players were seemingly pleased with the general state of the league. The NBA’s annual revenue ballooned from $5.2 billion in 2016 to $8.8 billion in 2019, and there were few reports of any significant tension between owners and the Players Association. However, 2020 threw two wrenches that may crucially affect both the immediate and long-term relationship between …

Instagram Issues: Why Professional Sports Leagues Need To Reconsider How Photography And Copyrights Are Governed, Anthony Studnicka

DePaul Journal of Sports Law

Playing sports is not the only way professional athletes generate income. In recent years, athletes have taken a deliberate approach towards building their personal brands to increase the value of their potential marketing and endorsement opportunities. The more known, liked, and marketable an athlete is, the greater their income potential.

Athletes can increase their marketability by eliciting and creating positive interactions with fans on social media. For example, when LeBron James decides to take to Instagram and post a photograph, many fans will view it and it will garner significant engagement. However, can LeBron post whatever image of himself he …

Athletic Favoritism In The Context Of The Covid-19 Pandemic, Hannah Kelly

DePaul Journal of Sports Law

No abstract provided.

Applying Tourism Improvement Districts To Sports Commissions: Securing Dedicated Funding For Sports Tourism, Roxanne Steinhoff

DePaul Journal of Sports Law

No abstract provided.

“Get Your Tickets!” From A Legitimate Source: Primary And Secondary Ticketing Markets In Nevada, Milica Bosnjak

UNLV Gaming Law Journal

No abstract provided.

2-4-6-8 Who Do We Appreciate? The Third Circuit Scores A Touchdown For Student-Athlete Free Speech Rights, Nicolas Burnosky

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Beyond The Green: The Legal Land Use Controls Involved With Golf Course Closures, Michael Schmidt

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

A New Kind Of Pitch: The Rise Of Sports Dedicated Private Equity Funds And The Future Of The Single Entity Defense, Chase Browndorf

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Forced Play: Was The Mlb Commisioner's Decision To Force A 2020 Mlb Season Amid Coronavirus Unenforceable, Or Just A Bad Idea?, Rachel Young

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Where To Draw The Line: The Endless Search For A Legal Competitive Edge, Andrew Brandt

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Striking The Balance Of Fairness And Inclusion: The Future Of Women's Sports After The Supreme Court's Landmark Decision In Bostock V. Clayton County,Ga, Jacqualyn Gillen

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Epic Games V. Apple: Tech-Tying And The Future Of Antitrust, Emma C. Smizer

Loyola of Los Angeles Entertainment Law Review

Antitrust and “Big Tech” firms are under renewed scrutiny, in part due to the dispute between Epic Games and Apple. This lawsuit strikes at the heart of the growing phenomenon of “tech-tying,” a form of vertical integration in digital aftermarkets where monopolistic tech firms condition the use of their operating systems on the added use of other complimentary software or services. Judicial attitude toward claims of tying has shifted considerably over recent decades, resulting in lax enforcement against vertical integration arrangements. This Comment argues that Apple’s conduct constitutes “tech-tying” and that competitors should be permitted to enter the aftermarkets of …

Privacy As A Collective Norm, John Shaeffer, Charlie Nelson Keever

Loyola of Los Angeles Entertainment Law Review

As the economic value of aggregating personal data has grown, so too have concerns over the economic power “owning” such data gives to those who collect it. Existing legal regimes governing data privacy have struggled to strike a balance between protecting personal privacy and preserving the economic efficiencies that can be gained by permitting the collection and exploitation of personal data. This Article proposes a collective re-conceptualization of one subset of personal data: information about what we do, say, and like. This data has little value in isolation—it only becomes valuable when combined with the information about what others do, …

The Saddest Show On Earth: The Endangered Species Act As Applied To Captive, Endangered Mammals In People For The Ethical Treatment Of Animals Inc. V. Miami Seaquarium, Anne Ringelestein

Villanova Environmental Law Journal (1991 - )

No abstract provided.

International Art And Cultural Heritage, Patty Gerstenblith, Jacqueline Farinella, David Bright, Kevin Ray

The Year in Review

No abstract provided.