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Full-Text Articles in Entertainment, Arts, and Sports Law

The Puzzle Of Deflategate: Private Agreements And The Possibility Of Biased Justice, Alfred C. Yen Apr 2017

The Puzzle Of Deflategate: Private Agreements And The Possibility Of Biased Justice, Alfred C. Yen

Alfred C. Yen

In this Article, I study the implications of National Football League Management Council v. National Football League Players Association, the recent decision in which the United States Court of Appeals for the Second Circuit dealt New England Patriots star quarterback Tom Brady a stinging defeat in his so-called "Deflategate" case against the National Football League ("NFL"). I do so because, although most of the court's opinion follows well-established doctrine, a crucial portion of decision quickly glosses over important unanswered questions about federal arbitration law and the enforceability of pre-dispute arbitration agreements that contemplate the appointment of an evidently partial ...


Copyright Opinions And Aesthetic Theory, Alfred C. Yen Oct 2011

Copyright Opinions And Aesthetic Theory, Alfred C. Yen

Alfred C. Yen

In this Article the author contends that judges should be conscious of aesthetics when deciding copyright cases. However, given the inherent ambiguity of aesthetics and the supposedly objective rules and principles that govern judicial opinions, courts implicitly assume a sharp divide between aesthetic reasoning and legal reasoning. Additionally, because aesthetic choices by judges could potentially be deemed government censorship, the two are further considered incompatible. The author argues, however, that this distinction is illusory in that a truly open-minded copyright jurisprudence requires explicit awareness of aesthetics. This argument is supported firstly by a description of four major movements from aesthetic ...