Abram I. Elkus: The New York Yankees’ First Lawyer,
2020
Nova Southeastern University - Shepard Broad College of Law
Abram I. Elkus: The New York Yankees’ First Lawyer, Robert Jarvis
Faculty Scholarship
No abstract provided.
Red Card On Wage Discrimination: Us Soccer Pay Disparity Highlights Inadequacy Of The Equal Pay Act,
2020
Vanderbilt University Law School
Red Card On Wage Discrimination: Us Soccer Pay Disparity Highlights Inadequacy Of The Equal Pay Act, Hannah L.E. Masters
Vanderbilt Journal of Entertainment & Technology Law
In the months leading up to its latest World Cup win, the US Women's National Team sued its parent organization over income inequality in US soccer. Statements from high-profile players, like Megan Rapinoe and Alex Morgan, contributed to a national conversation about the gender pay gap that exists not just in soccer but across many professions. The claims of the Women's Team should make for a perfect Equal Pay Act claim, but all signs point to a loss. Instead, the women are far more likely to succeed on their claim arising under Title VII of the Civil Rights Act, despite …
Trapped In The Binary Divide: How Forced Contraceptives Violate The World Anti-Doping Code,
2020
American University Washington College of Law
Trapped In The Binary Divide: How Forced Contraceptives Violate The World Anti-Doping Code, Alexandria Adkins
American University International Law Review
No abstract provided.
Sports Law In Law Reviews And Journals,
2020
Marquette University Law School
Sports Law In Law Reviews And Journals, Audrey Johnson
Marquette Sports Law Review
None
Are College Football Players Being Promised Big Nfl Bucks And Being Shortchanged In The Classroom And On The Field?,
2020
UC Law SF
Are College Football Players Being Promised Big Nfl Bucks And Being Shortchanged In The Classroom And On The Field?, Melanie Navarro
UC Law SF Communications and Entertainment Journal
Football is America’s pastime. Over one hundred million people tuned in to watch this year’s Super Bowl. Sundays during football season are spent in front of a television rooting for our favorite teams. Football has been an integral part of American culture for over 120 years. But in recent years, football has lost yardage. Information regarding the causal link between head injuries on the football field and degenerative brain diseases has come to light. Thousands of former National Football League (“NFL”) players took part in a highly publicized class-action lawsuit against the league. Players alleged that the NFL knew of …
Enemy Of The People: The Ghost Of The F.C.C. Fairness Doctrine In The Age Of Alternative Facts,
2020
UC Law SF
Enemy Of The People: The Ghost Of The F.C.C. Fairness Doctrine In The Age Of Alternative Facts, Ian Klein
UC Law SF Communications and Entertainment Journal
The FCC Fairness Doctrine required that all major broadcasting outlets spend equal time covering both sides of all controversial issues of national importance. The Fairness Doctrine remained the standard for decades before it stopped being enforced during the Reagan administration, and was removed from the Federal Register during the Obama administration. Since the Fairness Doctrine’s disappearance, the perception by conservatives and progressives alike has been that major media outlets display overt biases towards one political affiliation or the other. As it becomes harder to determine real news from “fake news,” Americans’ trust in media is at an all-time low. An …
The Precarious Position Of The Fourth Estate In Trumptopia: The Role Of Popular Culture And The Law In Protecting Media Freedom,
2020
Barry University
The Precarious Position Of The Fourth Estate In Trumptopia: The Role Of Popular Culture And The Law In Protecting Media Freedom, Taylor Simpson-Wood
Faculty Scholarship
No abstract provided.
As Seen Through The Eye Of The Camera: A Portrayal Of How Cultural Changes Societal Shifts And The Fight For Gender Equality Transformed The Law Of Divorce,
2020
Barry University
As Seen Through The Eye Of The Camera: A Portrayal Of How Cultural Changes Societal Shifts And The Fight For Gender Equality Transformed The Law Of Divorce, Taylor Simpson-Wood
Faculty Scholarship
No abstract provided.
A Commitment To The Whole Athlete: Embracing The Role Of Cannabinoids In Collegiate Athletics,
2020
Seattle University School of Law
A Commitment To The Whole Athlete: Embracing The Role Of Cannabinoids In Collegiate Athletics, Kelli Rodriguez Currie
Seattle University Law Review
Cannabinoids can be a highly effective way for athletes to combat various kinds of pain associated with intense training. Derivatives of cannabis, such as marijuana, have been used for centuries as a form of pain relief. Part I of this Article discusses how cannabinoids are used in sports medicine. Part II discusses the different approaches to marijuana and cannabidiol use across sports leagues. Part III highlights the inconsistencies between the NCAA’s approach to testing for substance abuse and its investment in student-athletes’ well-being. Part IV discusses how the NCAA must focus on student-athlete health. Finally, Part V concludes that the …
Raising The Stakes: The Battle Between The First Amendment And Athlete's Publicity Rights In The Wake Of Murphy V. Ncaa,
2020
American University Washington College of Law
Raising The Stakes: The Battle Between The First Amendment And Athlete's Publicity Rights In The Wake Of Murphy V. Ncaa, Alexis Nicole Lilly
American University Business Law Review
No abstract provided.
Forum Delegation: The Birth And Transposition Of A New Approach To Public Forum Doctrine,
2020
UC Law SF
Forum Delegation: The Birth And Transposition Of A New Approach To Public Forum Doctrine, Brett Johnson, Shane C. Epping
UC Law SF Communications and Entertainment Journal
This paper introduces and explores the concept of forum delegation: the power of government officials to suggest which forums to allow speakers to use. The concept is born out of a recent legal battle between the University of Minnesota and conservative speaker Ben Shapiro, in which the UMN required Shapiro to speak in a venue away from the heart of campus due to concerns over the school’s ability to provide adequate security for the event. The paper first analyzes the UMN case to assess the constitutionality of forum delegation in the context of regulating speech and public universities. Next, it …
Corruption And College Sports: A Love Story,
2020
UC Law SF
Corruption And College Sports: A Love Story, Andrea Cristiani Closa
UC Law SF Communications and Entertainment Journal
College sports are a staple of American tradition, bringing in hundreds of millions of viewers each year. Fans from all over the country root for their team’s success and hope they will be the ones to take home the national championship each year. Increasingly, however, college sports have been in the public eye for a very different reason: corruption. The National Collegiate Athletics Association’s (“NCAA”) Amateurism Rule, which prohibits student-athletes from receiving compensation, has contributed to this ongoing corruption. The NCAA insists upon its student-athletes remaining amateurs, even though its own rule is damaging the integrity of college sports. Players, …
A Dangerous Inheritance: A Child’S Digital Identity,
2020
Seattle University School of Law
A Dangerous Inheritance: A Child’S Digital Identity, Kate Hamming
Seattle University Law Review
This Comment begins with one family’s story of its experience with social media that many others can relate to in today’s ever-growing world of technology and the Internet. Technology has made it possible for a person’s online presence to grow exponentially through continuous sharing by other Internet users. This ability to communicate and share information amongst family, friends, and strangers all over the world, while beneficial in some regard, comes with its privacy downfalls. The risks to privacy are elevated when children’s information is being revealed, which often stems from a child’s own parents conduct online. Parents all over the …
Thin Separability: An Answer To Star Athletica,
2020
Seattle University School of Law
Thin Separability: An Answer To Star Athletica, Angelo Marchesini
Seattle University Law Review
Courts have consistently struggled to adopt a test that appropriately interprets the Copyright Act’s language protecting works of art incorporated into useful articles. The analysis that allows protections of these works of art is called “separability,” and it has been an ambiguous area of copyright law since its inception. In essence, this analysis gives copyright protection to a work of art incorporated into a useful article as long as the work of art is “separate” from the utilitarian aspects of the useful article. The Supreme Court was positioned to end the uncertainty surrounding the separability analysis in its recent decision, …
Table Of Contents,
2020
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Pre-Game Strategy For Long-Term Win: Using Trademark Registration And Right Of Publicity To Protect Esports Gamers,
2020
Catholic University of America (Student)
Pre-Game Strategy For Long-Term Win: Using Trademark Registration And Right Of Publicity To Protect Esports Gamers, John Bat
Catholic University Journal of Law and Technology
The soaring popularity of esports across the globe has turned ultra-talented gamers into a blend of athlete and entertainer. The youthful esports ecosystem is exploding in growth, and the world is taking notice. But are the gamers who are eyeing professional play taking basic legal steps to develop and shield their brands, as well as bolster their collective negotiating leverage with teams, leagues, and miscellaneous entities? This note explores what features of an up-and-coming esports gamer might be worth protecting through a trademark and/or personality-rights schema, which in turn, could assist competitive gamers who are interested in developing their careers …
Should The Ncaa Have To Pay? Long-Term Injuries In College Athletics, Improper Assumptions Of Risk, And Coverage Of Medical Expenses After College,
2020
Fordham University School of Law
Should The Ncaa Have To Pay? Long-Term Injuries In College Athletics, Improper Assumptions Of Risk, And Coverage Of Medical Expenses After College, Alexandrea Jacinto
Fordham Intellectual Property, Media and Entertainment Law Journal
Student-athletes spend years training, perfecting their sport, and working hard in school in order to make it to the big leagues: Division I College Athletics. However, when student-athletes finally get there, they are met with empty promises, and often leave with injuries that no one took the time to warn them about. That is because, despite being told that they must sign an agreement with the National Collegiate Athletic Association (“NCAA”) which binds them to the organization’s rules, athletes learn quickly that the other side of that agreement is rarely, if ever, upheld when they need it. Courts fail to …
Regarding Narrative Justice, Womxn,
2020
Fordham University School of Law
Regarding Narrative Justice, Womxn, Geeta Tewari
Michigan Journal of Race and Law
The story within this article explores how narrative justice can be applied as a form of advocacy for persons seeking access to justice. The questions—what is narrative justice? How do we define it?—deserve a separate space, which will be shared in a forthcoming article. Meanwhile, in short, narrative justice is the power of the word—written, spoken, articulated with the emotion or experience of an individual or collective, to shape or express reaction to law and policy.
The Yeezy Boost 350 Copyright Registrations: Did Kanye West Turn Justice Breyer's Fear Into A Reality?, 19 Uic Rev. Intell. Prop. L. 244 (2020),
2020
UIC School of Law
The Yeezy Boost 350 Copyright Registrations: Did Kanye West Turn Justice Breyer's Fear Into A Reality?, 19 Uic Rev. Intell. Prop. L. 244 (2020), Dorien Clark
UIC Review of Intellectual Property Law
In the world of fashion, few have been able to gain copyright protection for their most ambitious and intricate designs. The useful article prohibition has long haunted designers and has left them with less desirable forms of protection, such as design patent or trade dress protections. Sympathetic to the artistic nature of many useful article designs, courts crafted varying standards to allow copyright protection for artistic aspects separable from the useful article. The Supreme Court articulated a new separability standard in Star Athletica v. Varsity Brands, which introduced a new chapter of copyright protection for useful articles. Although the standard …
Ncaa Down For The Count? New State Legislation Threatens Collegiate Sports As We Know It, 19 Uic Rev. Intell. Prop. L. 346 (2020),
2020
UIC School of Law
Ncaa Down For The Count? New State Legislation Threatens Collegiate Sports As We Know It, 19 Uic Rev. Intell. Prop. L. 346 (2020), Joe Nelson
UIC Review of Intellectual Property Law
Since the 1950s, the NCAA’s amateurism shield has served as a stalwart protector in combatting litigation from athletes and coaches within its purview. They have faced many lawsuits since that time, with the overwhelming majority failing. As this comment shows, complaints have been of a wide variety such as antitrust, employment, and state action litigation. The amateurism principle was their defense in each of those situations. But now, many states have recently begun passing legislation that would allow student athletes to obtain compensation, in more ways than one. These statutes are a shot through the heart of the amateurism principle, …
