The Design Patent Bar: An Occupational Licensing Failure,
2019
Benjamin N. Cardozo School of Law
The Design Patent Bar: An Occupational Licensing Failure, Christopher Buccafusco, Jeanne C. Curtis
Cardozo Arts & Entertainment Law Journal
Although any attorney can represent clients with complex property, tax, or administrative issues, only a certain class of attorneys can assist with obtaining and challenging patents before the United States Patent & Trademark Office (PTO). Only those who are members of the PTO's patent bar can prosecute patents, and eligibility for the patent bar is only available to people with substantial scientific or engineering credentials. However much sense the eligibility rules make for utility patents-those based on novel scientific or technical inventions-they are completely irrational when applied to design patents-those based on ornamental or aesthetic industrial design. Nevertheless, the PTO …
A Comparative Overview On Esports Against Traditional Sports Focused In The Legal Realm Of Monetary Exploitation, Cheating, And Gambling,
2019
Benjamin N. Cardozo School of Law
A Comparative Overview On Esports Against Traditional Sports Focused In The Legal Realm Of Monetary Exploitation, Cheating, And Gambling, Sok Min Yun
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Panel 2: Art Law And Blockchain,
2019
University of New Hampshire School of Law
Panel 2: Art Law And Blockchain, Tonya M. Evans, Derek Fincham, Katya Fisher, Jeanne Schroeder
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Assessing The Viability Of Blockchain To Impact The Antiquities Trade,
2019
South Texas College of Law Houston
Assessing The Viability Of Blockchain To Impact The Antiquities Trade, Derek Fincham
Cardozo Arts & Entertainment Law Journal
Blockchain, the technology underpinning Bitcoin and other digital currencies, offers promise to shift the gathering and sharing of information in profound ways. It could help form a new kind offinancial system that limits current inefficiencies, or even radically change how parties enter into contract, or monitor supply chains. The technology's distributed ledger allows users in a network to monitor and access peer-to-peer digital transactions in real time. This digital ledger allows users to maintain this information securely by encrypting and allowing access only to those who have permission, given by cryptographic keys.
For the art market, blockchain offers a tantalizing …
The Peculiar Case Of State Network Neutrality Regulation,
2019
University of Virginia School of Law
The Peculiar Case Of State Network Neutrality Regulation, Thomas B. Nachbar
Cardozo Arts & Entertainment Law Journal
In the wake of the FCC's recent decision to rescind federal network neutrality rules, several states have implemented their own network neutrality regulations, some in the form of procurement conditions on state contracts and others affirmative mandates requiring broadband Internet service providers to observe neutrality in providing service. The federal government and industry trade associations have challenged the state network neutrality laws as both preempted and unconstitutional under the "dormant Commerce Clause" doctrine.
This paper analyzes those state restrictions as a matter of constitutional law. The Court has recently changed dormant Commerce Clause law, liberalizing those limits with regard to …
Changes In The Children's Television Marketplace, The Children's Television Act, And The First Amendment,
2019
Texas Christian University
Changes In The Children's Television Marketplace, The Children's Television Act, And The First Amendment, Joel Timmer
Cardozo Arts & Entertainment Law Journal
Since the passage of the Children's Television Act of 1990, broadcast television stations have been required to provide educational programming for children as a condition for license renewal. Since 1996, broadcasters can fulfill this obligation by providing three hours of such programming according to the Federal Communications Commission's (FCC) guidelines. These requirements were later extended to broadcasters' multicast channels. With more children's programming available today than ever before from a wide variety of sources, and with changes in the ways children consume programming, the FCC has proposed to revise its rules to reflect these changes. This Article considers the constitutionality …
Redefining "Life": The Constitutional Implications Of Patenting Immortality,
2019
Benjamin N. Cardozo School of Law
Redefining "Life": The Constitutional Implications Of Patenting Immortality, Julia Spivak
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Is It Reasonable To Block Unreasonable Advertisements? An Examination Of The Legality Of Ad-Blockers,
2019
Benjamin N. Cardozo School of Law
Is It Reasonable To Block Unreasonable Advertisements? An Examination Of The Legality Of Ad-Blockers, Andrew Steele
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Functionalism And The Infield Fly Rule,
2019
Regents Professor, University of Maryland Carey School of Law
Functionalism And The Infield Fly Rule, Mark A. Graber
FIU Law Review
No abstract provided.
The Prehistory Of The Infield Fly Rule,
2019
Author of Strike Four: The Evolution of Baseball and “Revisiting the Origin of the Infield Fly Rule”
Baseball Research Journal Fall 2018.
The Prehistory Of The Infield Fly Rule, Richard Hershberger
FIU Law Review
No abstract provided.
The Puzzle Of The Infield Fly Rule,
2019
John Paul Stevens Chair in Competition Law, Loyola University of Chicago School of Law
The Puzzle Of The Infield Fly Rule, Spencer Weber Waller
FIU Law Review
No abstract provided.
Just Say No To The Cheap Double Play,
2019
Alene and Allan F. Smith Professor of Law, University of Michigan School of Law
Just Say No To The Cheap Double Play, Richard D. Friedman
FIU Law Review
No abstract provided.
Another Side To The Infield Fly Rule,
2019
District Judge, United States District Court for the Central District of California
Another Side To The Infield Fly Rule, Andrew J. Guilford
FIU Law Review
No abstract provided.
The Enfield Fly Rule,
2019
A former pitcher for the Portland Mavericks and the founder Big League Chew
Bubble Gum.
Teach The Controversy,
2019
The National Baseball Editor for SB Nation, and former ESPN.com writer on baseball
De-Limiting Rules,
2019
Professor of Law, University of Pittsburgh School of Law
Umpires, Judges, And The Aesthetics Of The Infield Fly,
2019
Professor of Law and Associate Dean for Academic Affairs, Marquette University Law School
Umpires, Judges, And The Aesthetics Of The Infield Fly, Chad M. Oldfather
FIU Law Review
No abstract provided.
Keeping The Infield Fly Rule In Effect,
2019
Professor of Law, FIU College of Law
Keeping The Infield Fly Rule In Effect, Howard M. Wasserman
FIU Law Review
No abstract provided.
O Colapso Do "Joga Bonito": How Fifa's Banishment Of Third-Party Ownership Runs Counter To European Union Law And Has Tarnished The Once Beautiful Game,
2019
Vanderbilt University Law School
O Colapso Do "Joga Bonito": How Fifa's Banishment Of Third-Party Ownership Runs Counter To European Union Law And Has Tarnished The Once Beautiful Game, Brendan A. Bailey
Vanderbilt Journal of Transnational Law
FIFA banned the practice of third-party ownership, the division and sale of a portion of a football player's economic rights to an outside investor, in 2015. The ban was nondiscriminatory, applying to all types of third-party ownership utilized throughout football. Since then, the practice has all but disappeared internationally, with FIFA quashing occurrences of the practice through large fines and other forms of punishment. FIFA's move to ban the practice came shortly after pressure from leagues that banned it years before--principally the English Premier League, one of the most influential leagues in Europe. However, such a ban was largely propped …
Reforming Fifa From The Inside Out,
2019
Vanderbilt University Law School
Reforming Fifa From The Inside Out, Steven A. Bank
Vanderbilt Journal of Transnational Law
In response to an unprecedented crisis that has been called "the World Cup of Fraud," the Federation Internationale de Football Association, or FIFA, has undertaken a series of reform measures in the last several years. Most of these reforms have focused on attempting to break the cycle of corruption among football insiders by bringing in more outsiders, including independent chairs of both the Ethics Committee and Audit and Compliance Committee, as well as individuals to serve in executive positions who had not previously been involved in the sport at any level. Such an outsider-focused reform strategy takes a page from …
