Entertainment, Arts, and Sports Law Commons^™

Antitrust Changeup: How A Single Antitrust Reform Could Be A Home Run For Minor League Baseball Players, Jeremy Ulm

Dickinson Law Review (2017-Present)

In 1890, Congress passed the Sherman Antitrust Act to protect competition in the marketplace. Federal antitrust law has developed to prevent businesses from exerting unfair power on their employees and customers. Specifically, the Sherman Act prevents competitors from reaching unreasonable agreements amongst themselves and from monopolizing markets. However, not all industries have these protections.

Historically, federal antitrust law has not governed the “Business of Baseball.” The Supreme Court had the opportunity to apply antitrust law to baseball in Federal Baseball Club, Incorporated v. National League of Professional Baseball Clubs; however, the Court held that the Business of Baseball was not …

Using Canadian Law To Prevent, Respond To And Remedy Maltreatment In Sport: Listening To And Learning From Athletes, Wendy Macgregor

LLM Theses

This thesis addresses maltreatment of athletes in Canada, in the post-Nassar era, by considering applicable law, policy, academic literature and a qualitative study. Athlete maltreatment may include: psychological, physical and sexual maltreatment, and neglect. Prevalence and impacts of maltreatment are examined. Legal and administrative options available to complainants are discussed, as well as applicable international human rights and child rights conventions, Canadian legislation, legal principles, and jurisprudence. An academic literature review provides maltreatment definitions in order to lay the groundwork for the discussion. Academic perspectives and proposals for redress are considered. A qualitative athlete study produced four key themes which …

All Bets Are Off: Preempting Major League Baseball’S Monopoly On Sports Betting Data, Beatrice Lucas

Washington Law Review

Major League Baseball is in the process of collectivizing data used in sports betting. This could be exempt from antitrust scrutiny if the conduct falls within the “business of baseball.” Such an exemption raises the question of whether collecting official league data is sufficiently attenuated from the “business of baseball” to be subject to antitrust law, and if so, whether MLB violates the Sherman Act by excluding competitors from the league data market. This Comment makes a two-fold argument. First, it argues that the “business of baseball” should be constrained to cover activities directly linked to putting on baseball games. …

Blockchain, Disintermediation And The Future Of The Legal Professions, Paola Heudebert, Claire Leveneur

Cardozo International & Comparative Law Review

Will the 2020s herald the death warrant of the legal professions? If we listen to blockchain technology's most devout advocates, the answer is a resounding yes. Blockchain is often proclaimed as the ultimate tool for allowing unrestrained exchanges between contracting parties with no preexisting relationships, thus suppressing the need for intermediaries. In other words, blockchain could be a "trust machine," which could open up the possibility of conducting transactions in full confidence, without the risk of nonperformance or misguidance. However, it is utopian idealism to assume that blockchain technology could enable pure and total disintermediation. All trusted third parties cannot …

Should They Stay, Or Should They Go? Statue Politics In Shifting Societies: The Permissibility Of Peacetime Removal, Alteration And Destruction Of Problematic Political Monuments In The United States, Adrienne Liebenberg Nel

Cardozo International & Comparative Law Review

The note argues that Confederate monuments in the U.S. are often protected by outdated preservationist laws that hinder efforts to remove or alter them, despite their association with systemic racism and oppression. It advocates for legal reform to allow local governments to address these problematic symbols, drawing on international examples and emphasizing the need for a balanced approach that respects history while promoting inclusivity.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

"But They're Already Paid": Payments In-Kind, College Athletes, And The Flsa, Sam E. Ehrlich

West Virginia Law Review

No abstract provided.

Owning Nothingness: Between The Legal And The Social Norms Of The Art World, Guy A. Rub

BYU Law Review

Almost $8 million—that is what the Crystal Bridges Museum paid for one work of contemporary art in November 2015. What did that museum get for that hefty sum? From a legal perspective, absolutely nothing. The work it purchased was just an idea, and ideas of this kind escape legal protection.

Despite this lack of legal protection, the social norms of the art world lead large, sophisticated, experienced, and legally represented institutes to pay millions of dollars for this type of work. This Article is one of the first in legal scholarship to examine at depth those norms in this multibilliondollar …

Testimony Of Joshua D. Sarnoff Senate Judiciary Committee, Ip Subcommittee June 4, 2019, Joshua D. Sarnoff

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Regents Of Univ. Of California V. Broad Inst., Inc., 903 F.3d 1286 (Fed. Cir. 2018), Ali Albazzaz

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

A Note On Mayo Foundation For Medical Education And Research V. Iancu, Florence Montarmani

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

What's Going On With Copyright Trolls?, Edward Grahovec

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

The Constitutionality Of The Hear Act: Empowering American Courts To Return Holocaust-Era Artwork And Honor History, Jennifer A. Kreder, Virginia L. Schell

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

No Safe Spaces: A Distorted Image Of A Clear Problem, Michael Conklin

Pepperdine Law Review

This is a critical analysis of the documentary No Safe Spaces. The movie features comedian Adam Carolla and conservative talk show host Dennis Prager. Depending on the source, the movie is either the most necessary and prescient documentary ever or the most harmful. Unfortunately, the polarizing nature of the reviews largely fall along partisan political lines, with conservatives praising the movie and liberals criticizing it. This partisan result could have likely been minimized if the movie communicated a more bipartisan tone. To further complicate things, the movie does not provide a clear thesis of what it is trying to promote. …

Going “All In” After Murphy V. Ncaa: An Approach For California To Legalize Sports Gambling, Kailey J. Walsh

UC Law SF Communications and Entertainment Journal

When people think of sports gambling, they think of Las Vegas. Until recently, Nevada was the only state where one could legally place bets on sporting events. However, since the recent Supreme Court decision, Murphy v. NCAA, states are now in control when it comes to deciding whether or not to legalize sports gambling. As a result of the Murphy v. NCAA decision, some states have started to pass legislation to allow its citizens to legally place bets on certain sporting events. The driving force to legalize sports gambling stems from states’ desires to increase revenue through the taxation of …

Leveraging The Ilo For Human Rights And Workers’ Rights In International Sporting Events, Dantam Le

UC Law SF Communications and Entertainment Journal

Sports majorly impact the world, and millions of fans from all over the globe rally together with pride to watch their countries compete on the world’s stage in international sporting events such as the Olympic Games and the World Cup. Studies suggest that mega sporting events help host cities gain an influx of resources from the central government relative to non-host cities in the same country, and that this may be particularly important in periods of economic recession and resource scarcity. Sports play a central role in quality education for all, and sports have been found to advance public health, …

The Shield And The Sword: The Press Between The Public Interest And The Illegal Interception Of Private Communications, Andres Calderon

UC Law SF Communications and Entertainment Journal

Journalism is not only under the attack of fake news and post-truth politics. Its main enemy comes from within. Malpractices of journalism such as the fabrication of sources and fake stories and illegal intrusion in people’s privacy are part of the equation that leads to people’s distrust in news organization.

This article addresses two very related topics that, nevertheless, have not been sufficiently studied as part of the same phenomenon: the reporter’s privilege to protect his sources’ identity and its connection with a journalist’s involvement in the illegal hacking or interception of private communications.

After reviewing most relevant case laws …

This Is No Laughing Matter: How Should Comedians Be Able To Protect Their Jokes?, Sarah Gamblin

UC Law SF Communications and Entertainment Journal

This note will discuss the current state of protection for jokes and comedy. As it is now, the only protection comics have is self-help, meaning comedians take punishing thefts into their own hands. This note will dive into the reasons why the current legislature and courts refuse to recognize jokes as copyrightable. Specifically, why many believe that jokes to not meet the qualifications of being an expression, as well as the fear that protecting jokes will lead to chilled speech.

Additionally, this note shall discuss the ways jokes could be protected under the current legal scheme, including trademark and state …

Masthead

UC Law SF Communications and Entertainment Journal

No abstract provided.

Buffer Zones And The Recreational Golf Sector: A Negligence Case Content Analysis, Natalie Bird

Graduate Theses and Dissertations

Buffer zones are a risk management method used within sport and recreation to protect participants and spectators from avoidable injury. Within the recreational golf sector, buffer zone standards do not exist. This poses a problem as golf courses in the recreational sector serve a wide range of customers in terms of age, skill level, and experience. A legal case content analysis of 1,561 golf negligence lawsuits aimed to answer research questions related to locations of incidents, circumstances that led to injury, and injuries or damages that were the result of errant golf shots. A Westlaw search provided the data for …