Open Access. Powered by Scholars. Published by Universities.®

Entertainment, Arts, and Sports Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Washington University in St. Louis

Discipline
Keyword
Publication Year
Publication

Articles 1 - 30 of 40

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

The Failure Of Soft Law To Provide An Equitable Framework For Restitution Of Nazi-Looted Art, Michael J. Birnkrant Jan 2019

The Failure Of Soft Law To Provide An Equitable Framework For Restitution Of Nazi-Looted Art, Michael J. Birnkrant

Washington University Global Studies Law Review

It is estimated that over 20% of the art in Europe was looted by the Nazi regime during World War II. Many pieces were taken by force from Jewish art dealers, and much of the property taken during this period of Nazi spoliation was never returned. Heirs of looted art are still filing claims for restitution in various courts, but the current global patchwork of statutes of limitations and the availability of the “good faith purchaser defense” in many jurisdictions can render proceedings confusing and unjust.

This note explores the current state of the law regarding repatriation of Nazi-looted art ...


"Strike Two, You're Out!" The Need For A More Stringent Drug Policy In Major League Baseball, Zackary Kessinger Jan 2018

"Strike Two, You're Out!" The Need For A More Stringent Drug Policy In Major League Baseball, Zackary Kessinger

Washington University Jurisprudence Review

This Note argues that MLB should adopt a more stringent drug policy than the one currently set forth in MLB’s Joint Drug Prevention and Treatment Program for two reasons. First, the increasing prevalence of PED use among MLB players threatens baseball’s integrity. Second, professional players’ PED use may encourage aspiring young athletes to abuse PEDs, which may harm their long-term health.


Return Of The De Minimis Exception In Digital Music Sampling: The Ninth Circuit's Recent Holding In Vmg Salsoul Improves Upon The Sixth Circuit's Holding In Bridgeport, But Raises Questions Of Its Own, Francesco Di Cosmo Jan 2017

Return Of The De Minimis Exception In Digital Music Sampling: The Ninth Circuit's Recent Holding In Vmg Salsoul Improves Upon The Sixth Circuit's Holding In Bridgeport, But Raises Questions Of Its Own, Francesco Di Cosmo

Washington University Law Review

Sampling is a musical production practice that has become increasingly common since the 1980s. A producer samples by copying a section of a sound recording and inserting it into the piece of music she is producing. The type of sound recording sampled by producers can vary vastly from piece to piece. Numerous pop and hip hop songs sample from songs of various genres (rock, classical music, or other pop songs, for example). Audio from a film, commercial, or speech may also be inserted into a song. Typically, the purpose of these samples is either to make use of the musical ...


Ip, R.I.P., Andrew Gilden Jan 2017

Ip, R.I.P., Andrew Gilden

Washington University Law Review

Death is an inevitably disruptive event. When a famous artist or public figure dies, the fallout can be particularly complex and contentious. An artist’s surviving family and close friends frequently seek privacy and solitude as they process a deeply personal loss, while millions of fans, by contrast, seek to widely share, rework, and celebrate the decedent’s archive of work. When these very different mourning processes intersect, intellectual property laws play a pivotal role in deciding how an artist is mourned, commemorated, and remembered.

This Article reexamines the interests of an artist’s families, friends, and other heirs (IP ...


The Boogeyman: Derek Boogaard And The Detrimental Effects Of Section 301 Preemption, Tyler V. Friederich Jan 2017

The Boogeyman: Derek Boogaard And The Detrimental Effects Of Section 301 Preemption, Tyler V. Friederich

Washington University Law Review

This Note focuses on the preemptive effect of section 301 of the Labor Management Relations Act (LMRA) in the suit against the National Hockey League (NHL) by the Estate of former NHL player Derek Boogaard. The Note will contrast Boogaard v. National Hockey League, in which section 301 preempted the Estate’s negligence claims, with several National Football League (NFL) cases. Boogaard will also be contrasted with In re National Hockey League Players’ Concussion Injury Litigation, a similar case brought by a class of NHL players in which the court declared that section 301 did not preempt claims for negligence ...


Japanese Anime And Manga Copyright Reform, Emily Schendl Jan 2016

Japanese Anime And Manga Copyright Reform, Emily Schendl

Washington University Global Studies Law Review

In the mid-1990s, Japanese video game company Nintendo took the American toy and game market by storm when it introduced the hand-held video game Pokémon to the United States market. Although some Japanese media had trickled into mainstream United States pop culture before Pokémon, this was part of the beginning of markedly Japanese mass-consumer pop culture in the United States. Previously, Japanese media was usually “westernized” to appeal to American audiences; this westernization caused consumers to be wholly unaware of the cultural source of the media. After Pokémon’s introduction, an influx of definably Japanese media entered the United States ...


The Emoji That Cost $20,000: Triggering Liability For Defamation On Social Media, Nicole Pelletier Jan 2016

The Emoji That Cost $20,000: Triggering Liability For Defamation On Social Media, Nicole Pelletier

Washington University Journal of Law & Policy

This Note addresses the history of social media law in the U.S. legal system within the context of defamation claims and legislative acts to immunize social media websites. Using a British court’s finding of liability based on a tweeted emoji, Pelletier analyzes whether an emoji could trigger liability in the United States and juxtaposes the potential for individual user liability based on an emoji with the immunization granted to social media websites. Pelletier proposes new federal legislation that will place responsibility on social websites to notify users of potential liability arising from social media use.


An “Immeasurable Sign Of Great Hope”: The Detroit Institute Of The Arts, Municipal Bankruptcy And “Cultural Assets”, Rebecca Gosch Jan 2016

An “Immeasurable Sign Of Great Hope”: The Detroit Institute Of The Arts, Municipal Bankruptcy And “Cultural Assets”, Rebecca Gosch

Washington University Journal of Law & Policy

No abstract provided.


The Seven Dirty Words You Should Be Allowed To Say On Television, Ellen Alexandra Eichner Jan 2015

The Seven Dirty Words You Should Be Allowed To Say On Television, Ellen Alexandra Eichner

Washington University Law Review

For any American who has ever watched television on one of the traditional broadcast networks, seven particular dirty words have always been conspicuously absent. Confusingly, on cable, these seven words may all occur in quick succession on one show. When one of them does make it to air on a broadcast network, it often becomes the source of a fine from the Federal Communications Commission and years of litigation. A recent case resulted in a huge victory for broadcasters. In the 2012 holding of FCC v. Fox Television Stations, Inc., the Supreme Court required the FCC to eliminate its existing ...


The Social Cost Of Baseball: Addressing The Effects 0f Major League Baseball Recruitment In Latin America And The Caribbean, Emily B. Ottenson Jan 2014

The Social Cost Of Baseball: Addressing The Effects 0f Major League Baseball Recruitment In Latin America And The Caribbean, Emily B. Ottenson

Washington University Global Studies Law Review

Latin American and Caribbean countries should be financially compensated for the loss of native baseball players to MLB teams. Players recruited from Latin America and the Caribbean should be afforded the same rights and privileges as U.S., Puerto Rican, and Canadian players, and MLB should not be permitted to recruit them without some acceptable level of restraint or oversight. This Note offers one possible solution to MLB’s recruitment problems while taking into account both the interests of the recruited players, as well as the effect MLB’s talent recruitment efforts have on Latin American and Caribbean countries.

The ...


An Argument For Incentivizing Voluntary Regulation Of The Fashion And Modeling Industries, Allison Clyne Tschannen Jan 2014

An Argument For Incentivizing Voluntary Regulation Of The Fashion And Modeling Industries, Allison Clyne Tschannen

Washington University Jurisprudence Review

No abstract provided.


Sampling The Circuits: The Case For A New Comprehensive Scheme For Determining Copyright Infringement As A Result Of Music Sampling, John S. Pelletier Jun 2012

Sampling The Circuits: The Case For A New Comprehensive Scheme For Determining Copyright Infringement As A Result Of Music Sampling, John S. Pelletier

Washington University Law Review

No abstract provided.


Taxation Of Non-Resident Entertainers And Sportsmen: The United Kingdom's Definition Of Performance Income And How It Ought To Be Measured, Alan Simpson Jan 2012

Taxation Of Non-Resident Entertainers And Sportsmen: The United Kingdom's Definition Of Performance Income And How It Ought To Be Measured, Alan Simpson

Washington University Global Studies Law Review

This Note analyzes the U.K. approach to taxation of income earned for U.K. performances by foreign entertainers and athletes and agrees that the country of performance is the dispositive factor in determining which country is entitled to collect income tax on the endorsement income attributable to the performance. In Part II, this Note discusses the background of the relevant U.K. tax law. It reviews the U.K. court decisions in Agassi v. Robinson that led to the taxation of non-resident entertainers and athletes on endorsement contracts with companies that have no tax presence in the United Kingdom ...


Executive Weapons To Combat Infection Of The Art Market, Jennifer Anglim Kreder Jan 2011

Executive Weapons To Combat Infection Of The Art Market, Jennifer Anglim Kreder

Washington University Law Review

Over the years, the executive branch has seized Nazi loot in various ways. The seizure that launched the modern Holocaust-era art movement was that accompanying the civil forfeiture proceeding filed in federal court in 1999 against Portrait of Wally, a painting by Egon Schiele. The seizure caused an uproar in the art world, which largely was concerned about future art loan prospects. At the time, there was a concern about the impact of the civil forfeiture seizure — despite the support for widespread restitution of Nazi-looted art —for fear of hindering State Department efforts to resolve remaining Holocaust-era issues globally and ...


Museums In The Crosshairs: Unintended Consequences Of The War On Terror, Jennifer Anglim Kreder, Kimberly Degraaf Jan 2011

Museums In The Crosshairs: Unintended Consequences Of The War On Terror, Jennifer Anglim Kreder, Kimberly Degraaf

Washington University Global Studies Law Review

Congress has passed ineffectual, “sound bite” anti-terrorism legislation that has foisted conflicting jurisdictional mandates upon the federal courts, sucked terrorist victims into a vacuous, exhausting drama with no chance for justice, and interfered with the President‟s ability to conduct diplomatic relations in the Middle East. One group of victims is mired in multiple jurisdictions trying to enforce a default judgment, exorbitant by international standards, against the Islamic Republic of Iran by forcing auctions of antiquities collections housed at Harvard University, the Oriental Institute at the University of Chicago, the Field Museum of Natural History (Chicago), and the Museum of ...


Tremendous Upside Potential: How A High-School Basketball Player Might Challenge The National Basketball Association's Eligibility Requirements, Joseph A. Litman Jan 2010

Tremendous Upside Potential: How A High-School Basketball Player Might Challenge The National Basketball Association's Eligibility Requirements, Joseph A. Litman

Washington University Law Review

No abstract provided.


The Unesco Convention On The Protection And Promotion Of The Diversity Of Cultural Expressions: A Look At The Convention And Its Potential Impact On The American Movie Industry, Edmund H. Chiang Jan 2007

The Unesco Convention On The Protection And Promotion Of The Diversity Of Cultural Expressions: A Look At The Convention And Its Potential Impact On The American Movie Industry, Edmund H. Chiang

Washington University Global Studies Law Review

No abstract provided.


Ski And Snowboard Law In Colorado And British Columbia: Fair Waiver Of Unconscionable Terms?, Theodore H. Kuyper Jan 2007

Ski And Snowboard Law In Colorado And British Columbia: Fair Waiver Of Unconscionable Terms?, Theodore H. Kuyper

Washington University Global Studies Law Review

No abstract provided.


Fielding A Team For The Fans: The Societal Consequences And Title Vii Implications Of Race-Considered Roster Construction In Professional Sport, N. Jeremi Duru Jan 2006

Fielding A Team For The Fans: The Societal Consequences And Title Vii Implications Of Race-Considered Roster Construction In Professional Sport, N. Jeremi Duru

Washington University Law Review

Part I examines Title VII, its history, and the prospect of its application in the race-considered roster construction context. Part II engages the phenomenon of race-considered roster construction and explores its persistence in the post-civil rights era, primarily through historical examination of Major League Baseball’s Boston Red Sox and the National Basketball Association’s Boston Celtics, two professional sports organizations for years associated with racially imbalanced rosters. This part also explores the consequences unique to employment discrimination in the race-considered roster construction context. Part III examines the applicability of Title VII doctrine to race-considered roster construction, exploring the factors ...


Taking Pop-Ups Seriously: The Jurisprudence Of The Infield Fly Rule, Neil B. Cohen, Spencer Weber Waller Jan 2004

Taking Pop-Ups Seriously: The Jurisprudence Of The Infield Fly Rule, Neil B. Cohen, Spencer Weber Waller

Washington University Law Review

We propose to go beyond the common law origins of the infield fly rule and do what the author chose not to do: namely, explore the different spaces for an infield fly rule from the point of view of the great jurisprudential movements of the last hundred years. In so doing we conclude (i) that post-modern jurisprudence strongly suggests that the infield fly rule was far more socially constructed and historically contingent than previously acknowledged, and (ii) that it is much more difficult to be clever, funny, and insightful about law and baseball than it appears.


The Directv Nfl Sunday Ticket: An Economic Plea For Antitrust Law Immunity, Bradley W. Crandall Jan 2001

The Directv Nfl Sunday Ticket: An Economic Plea For Antitrust Law Immunity, Bradley W. Crandall

Washington University Law Review

No abstract provided.


Natural Born Copycat Killers And The Law Of Shock Torts, John Charles Kunich Jan 2000

Natural Born Copycat Killers And The Law Of Shock Torts, John Charles Kunich

Washington University Law Review

This Article explores the legal ramifications inherent in the putative links between violent deaths—both homicides and suicides—and various entertainment industry products, including motion pictures, television programs, video games, and musical recordings. We briefly review some examples in which popular entertainment-media allegedly played a significant role in spurring individuals to commit acts of violence against themselves or others. While some of these violent events have been widely reported, others are less well known. In any event, we provide some factual predicate in order to establish the context for one of the most controversial legal issues of modern times. Then ...


The New Legal Process: Games People Play And The Quest For Legitimate Judicial Decision Making, Ronald J. Krotoszynski Jr. Jan 1999

The New Legal Process: Games People Play And The Quest For Legitimate Judicial Decision Making, Ronald J. Krotoszynski Jr.

Washington University Law Review

In this Article, I will argue in favor of a new legal process jurisprudence, analogizing the legitimacy of such an approach to the process theory that undergirds the legitimacy of contemporary athletics. In Part I, the Article describes the balkanization of contemporary jurisprudence into increasingly specialized sects. Part II examines the importance of process to contemporary athletic contests and explores the relationship of process to the legitimacy of the outcomes in those contests. In Part III, the Article completes the circle by arguing that the legitimizing effect of process plainly manifested in the context of athletics, whether at the little ...


Nea V. Finley: A Decision In Search Of A Rationale, Lackland H.,Jr. Bloom Jan 1999

Nea V. Finley: A Decision In Search Of A Rationale, Lackland H.,Jr. Bloom

Washington University Law Review

For the better part of a decade, debate has raged over whether Congress can constitutionally restrict, or at least influence, the ability of the National Endowment for the Arts (“NEA”) to award grants to artists and institutions for the creation or display of art work that a significant segment of the public would consider highly offensive. In the October 1997 Term, the Supreme Court, by an 8-1 margin in NEA v. Finley, upheld section 954(d), a 1991 congressional amendment to the NEA Act that requires the Chairperson of the NEA to ensure that, in establishing regulations and procedures for ...


Mahmoud Abdul-Rauf's Suspension For Refusing To Stand For The National Anthem: A “Free Throw” For The Nba And Denver Nuggets, Or A “Slam Dunk” Violation Of Abdul-Rauf's Title Vii Rights?, Kelly B. Koenig Jan 1998

Mahmoud Abdul-Rauf's Suspension For Refusing To Stand For The National Anthem: A “Free Throw” For The Nba And Denver Nuggets, Or A “Slam Dunk” Violation Of Abdul-Rauf's Title Vii Rights?, Kelly B. Koenig

Washington University Law Review

No abstract provided.


Artistic Freedom V. Censorship: The Aftermath Of The Nea's New Funding Restrictions, Michael Wingfield Walker Jan 1993

Artistic Freedom V. Censorship: The Aftermath Of The Nea's New Funding Restrictions, Michael Wingfield Walker

Washington University Law Review

No abstract provided.


Note C: C As In Cash, Cough It Up, And Changes—Nfl Players Score With Free Agency Following Freeman Mcneil's Big Gain, Matthew S. Collins Jan 1993

Note C: C As In Cash, Cough It Up, And Changes—Nfl Players Score With Free Agency Following Freeman Mcneil's Big Gain, Matthew S. Collins

Washington University Law Review

No abstract provided.


Skating On Thin Ice: Nhl Owners And Players Clash Over Free Agency, Sue Santa Jan 1992

Skating On Thin Ice: Nhl Owners And Players Clash Over Free Agency, Sue Santa

Washington University Law Review

No abstract provided.


A New Approach To An Entertainer's Right Of Performance, Amy R. Meltzer Jan 1982

A New Approach To An Entertainer's Right Of Performance, Amy R. Meltzer

Washington University Law Review

No abstract provided.


New Copyright Act And The Classroom Use Of Videotaped Films, Francis M. Nevins Jr. Jan 1978

New Copyright Act And The Classroom Use Of Videotaped Films, Francis M. Nevins Jr.

Washington University Law Review

No abstract provided.