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

Fair Pay To Play Act: End Of Amateurism?, Isabella Borges Oct 2019

Fair Pay To Play Act: End Of Amateurism?, Isabella Borges

GGU Law Review Blog

The NCAA has seen its fair share of controversy concerning player compensation, whether it be through lawsuits such as the O’Bannon case, former NCAA athletes complaining of hunger during their time in college, or even NBA star LeBron James’s documentary “Student Athlete.” However, no extreme policy changes have emerged from the endless scrutiny of the NCAA’s rules of prohibiting its student-athletes from receiving compensation from the use of their names, images, and likeness, among other things. The NCAA argues compensation would capsize amateurism by turning student-athletes into professionals, putting an end to amateurism in the NCAA all ...


The Lawyer As Superhero: How Marvel Comics' Daredevil Depicts The American Court System And Legal Practice, Louis Michael Rosen May 2019

The Lawyer As Superhero: How Marvel Comics' Daredevil Depicts The American Court System And Legal Practice, Louis Michael Rosen

Faculty Scholarship

This article will explore on the portrayal of lawyers and the legal system in Daredevil comic books, particularly issues published in the Twenty-First Century. Because the Daredevil movie and the first two seasons of the Netflix television series have already been examined from various legal perspectives in past articles, this piece will highlight legal storylines from the comics themselves. This exploration is important because writers of future Netflix seasons will surely draw story elements from the comics discussed here and will very likely adapt these exact stories, encouraging the larger television audience to seek out and read the original comics ...


Rwu First Amendement Blog: Jared Goldstein's Blog: The First Amendment And The Foxy Lady 01-08-2019, Jared A. Goldstein Jan 2019

Rwu First Amendement Blog: Jared Goldstein's Blog: The First Amendment And The Foxy Lady 01-08-2019, Jared A. Goldstein

Law School Blogs

No abstract provided.


Barbie In Bondage: What Orly Lobel's Book "You Don't Own Me: How Mattel V. Mga Entertainment Exposed Barbie's Dark Side" Tells Us About The Commoditization Of The Female Body, Ann Bartow Jan 2019

Barbie In Bondage: What Orly Lobel's Book "You Don't Own Me: How Mattel V. Mga Entertainment Exposed Barbie's Dark Side" Tells Us About The Commoditization Of The Female Body, Ann Bartow

Law Faculty Scholarship

[excerpt] "This review essay reflects upon two of the central claims of [Orly Lobel's book] You Don't Own Me: first, that when companies put their energy and resources into intellectual property litigation rather than innovation, it is a strategy that is likely to fail; and second, that Barbie is a 'lead icon' in the disconnect between women pushing for general equality and those who prefer traditional gender roles for women."


Out Of Bounds: A Critical Race Theory Perspective On "Pay For Play", Kevin D. Brown, Antonio Williams Jan 2019

Out Of Bounds: A Critical Race Theory Perspective On "Pay For Play", Kevin D. Brown, Antonio Williams

Articles by Maurer Faculty

Under the amateur/education model, the amount of funding that colleges and universities can provide to their student-athletes is limited to the athletes' cost of attending their institution. This model makes sense for most college sports, but National Collegiate Athletic Association ("NCAA") Division I Football Bowl Subdivision and Division I men's basketball tend to generate almost all the revenue to fund their institution's entire athletic programs-as well as a substantial percentage of the revenues received by the NCAA. Furthermore is the realization that a majority of the elite athletes in these two revenue-generating sports are black. As revenues ...


From Timbuktu To The Hague And Beyond: The War Crime Of Intentionally Attacking Cultural Property, Mark A. Drumbl Jan 2019

From Timbuktu To The Hague And Beyond: The War Crime Of Intentionally Attacking Cultural Property, Mark A. Drumbl

Scholarly Articles

This essay refracts the criminal conviction and reparations order of the International Criminal Court (ICC) in the Al Mahdi case into the much broader frame of increasingly heated public debates over the protection, removal, defacement, relocation, display and destruction of cultural heritage in all forms: monuments, artefacts, language instruction, art and literature.What might the work product of the ICC in the Al Mahdi proceedings ç and international criminal law more generally ç add, contribute or excise from these debates? This essay speculatively explores connections between the turn to penal law to protect cultural property and the transformative impulses that ...


Choice Of Law And The Right Of Publicity: Rethinking The Domicile Rule, Mary Lafrance Jan 2019

Choice Of Law And The Right Of Publicity: Rethinking The Domicile Rule, Mary Lafrance

Scholarly Works

Determining the best choice of law principle for right of publicity claims, and persuading courts to adopt this principle, will enhance predictability for potential plaintiffs and defendants in the foreseeable future. To begin this process, this article by Professor Mary LaFrance takes a critical look at the widespread practice of applying the law of the celebrity's domicile to determine the existence of an enforceable right of publicity.

This article suggests that there are strong policy arguments against the domicile rule, and that courts adhering to the rule are confusing disputes over property ownership with disputes over liability for tortious ...


The Ncaa And The Irs: Life At The Intersection Of College Sports And The Federal Income Tax, Richard L. Schmalbeck, Lawrence A. Zelenak Jan 2019

The Ncaa And The Irs: Life At The Intersection Of College Sports And The Federal Income Tax, Richard L. Schmalbeck, Lawrence A. Zelenak

Faculty Scholarship

Few organizational acronyms are more familiar to Americans than those of the National Collegiate Athletic Association (NCAA) and the Internal Revenue Service (IRS). Although neither organization is particularly popular, both loom large in American life and popular culture. Because there is a tax aspect to just about everything, it should come as no surprise that the domains of the NCAA and the IRS overlap in a number of ways. For many decades, the strong tendency in those areas has been for college athletics to enjoy unreasonably generous tax treatment-sometimes because of the failure of the IRS to enforce the tax ...


Inclusion Riders And Diversity Mandates, Emily Gold Waldman Jan 2019

Inclusion Riders And Diversity Mandates, Emily Gold Waldman

Pace Law Faculty Publications

In this piece, I situate these sorts of diversity requests within the broader context of other customer/client preferences that implicate Title VII. To be sure, the “inclusion riders” are not literal customer/client requests, but rather requests from celebrities who are themselves being hired by the employer for a specific project. Broadly speaking, however, they raise the same legal issue regarding third-party preferences that implicate protected characteristics under Title VII.

As a starting point, the general rule within employment discrimination law is that customer preferences cannot justify discriminatory treatment by employers. That baseline has led courts to rule that ...


Intellectual Property In Experience, Madhavi Sunder Nov 2018

Intellectual Property In Experience, Madhavi Sunder

Georgetown Law Faculty Publications and Other Works

In today’s economy, consumers demand experiences. From Star Wars to Harry Potter, fans do not just want to watch or read about their favorite characters— they want to be them. They don the robes of Gryffindor, flick their wands, and drink the butterbeer. The owners of fantasy properties understand this, expanding their offerings from light sabers to the Galaxy’s Edge®, the new Disney Star Wars immersive theme park opening in 2019.

Since Star Wars, Congress and the courts have abetted what is now a $262 billion-a-year industry in merchandising, fashioning “merchandising rights” appurtenant to copyrights and trademarks that ...


It All Started With Columbo: Teaching Law With Popular Culture, Christine Corcos Oct 2018

It All Started With Columbo: Teaching Law With Popular Culture, Christine Corcos

Journal Articles

No abstract provided.


The Law Of Advertising Outrage, Mark Bartholomew Oct 2018

The Law Of Advertising Outrage, Mark Bartholomew

Journal Articles

This article examines the stimulation of audience outrage, both as a marketing strategy and as a subject of legal regulation. A brief history of advertising in the United States reveals repeated yet relatively infrequent attempts to attract consumer attention through overt transgressions of social norms relating to sex, violence, race, and religion. Natural concerns over audience reaction limited use of this particular advertising tactic as businesses needed to be careful not to alienate prospective purchasers. But now companies can engage in “algorithmic outrage”—social media advertising meant to stimulate individual feelings of anger and upset—with less concern for a ...


2001 Arbitration Hearings Chart, Edmund P. Edmonds Jul 2018

2001 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.


2002 Arbitration Hearings Chart, Edmund P. Edmonds Jul 2018

2002 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.


2000 Arbitration Hearings Chart, Edmund P. Edmonds Jul 2018

2000 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.


2009 Arbitration Hearings Chart, Edmund P. Edmonds Jul 2018

2009 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.


2008 Arbitration Hearings Chart, Edmund P. Edmonds Jul 2018

2008 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.


2005 Arbitration Hearings Chart, Edmund P. Edmonds Jul 2018

2005 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.


2004 Arbitration Hearings Chart, Edmund P. Edmonds Jul 2018

2004 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.


2006 Arbitration Hearings Chart, Edmund P. Edmonds Jul 2018

2006 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.


2003 Arbitration Hearings Chart, Edmund P. Edmonds Jul 2018

2003 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.


2007 Arbitration Hearings Chart, Edmund P. Edmonds Jul 2018

2007 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.


2015 Arbitration Hearings Chart, Edmund P. Edmonds Jul 2018

2015 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.


2017 Arbitration Hearings Chart, Edmund P. Edmonds Jul 2018

2017 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.


2012 Arbitration Hearings Chart, Edmund P. Edmonds Jul 2018

2012 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.


2011 Arbitration Hearings Chart, Edmund P. Edmonds Jul 2018

2011 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.


2010 Arbitration Hearings Chart, Edmund P. Edmonds Jul 2018

2010 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.


2018 Arbitration Hearings Chart, Edmund P. Edmonds Jul 2018

2018 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.


When Trade Secrecy Goes Too Far: Public Health And Safety Should Trump Corporate Profits, Julie Zink Jul 2018

When Trade Secrecy Goes Too Far: Public Health And Safety Should Trump Corporate Profits, Julie Zink

School of Law Faculty Publications

This Article addresses the historical and ongoing use of trade secrets to withhold critical information from the public. Through its text and footnotes, the Article discusses the positives and negatives of trade secret protection; addresses historical and current examples of trade secret abuse; analyzes the inadequate solutions that have been tried and proposed; and, ultimately, recommends changing trade secret law by incorporating the precautionary principle into the definition of a trade secret to ensure that protection will no longer be available for information that endangers public health. This Article is both timely and necessary, as the public is continually bombarded ...


Who's Afraid Of Swiss Cheese? Resolving The Copyright Claims Of Non-Coauthors, D. Sean West Jun 2018

Who's Afraid Of Swiss Cheese? Resolving The Copyright Claims Of Non-Coauthors, D. Sean West

Seattle University Law Review SUpra

No abstract provided.