Entertainment, Arts, and Sports Law Commons^™

Sports Owners Stand On Player Mobility Puts Ball In Courts, Michael Cozzillio

Michael J. Cozzillio

No abstract provided.

A Course Of Action For Florida Courts To Follow When Injured Sports Participants Assert Causes Of Action, Lawrrence P. Rochefort

University of Miami Entertainment & Sports Law Review

No abstract provided.

The Last Legal Monopoly: The Nfl And Its Television Contracts, Philip A. Garubo Jr.

University of Miami Entertainment & Sports Law Review

No abstract provided.

The New Ncaa Academic Standards: Are They Constitutional? Are They Effective?, Annemarie Dinardo

University of Miami Entertainment & Sports Law Review

No abstract provided.

The Nonstatutory Labor Exemption And Player Restraints In Professional Sports: The Promised Land Or A Return To Bondage?, Stephen R. Mcallister

University of Miami Entertainment & Sports Law Review

No abstract provided.

State Action And The Ncaa: Will Tarkanian Sport The Old Look?, Lee Stewart Bender

University of Miami Entertainment & Sports Law Review

No abstract provided.

Negotiating And Drafting Employment Contracts For Radio Programming Personnel, "Doc" Elliot Pollock

University of Miami Entertainment & Sports Law Review

No abstract provided.

The Classification Of Athletes And Entertainers As Plaintiffs In Defamation Suits, Roderick D. Eves

University of Miami Entertainment & Sports Law Review

No abstract provided.

Playing The Drug-Testing Game: College Athletes, Regulatory Institutions, And The Structures Of Constitutional Argument, John A. Scanlan

Indiana Law Journal

No abstract provided.

The National Collegiate Athletic Association's Death Penalty: How Educators Punish Themselves And Others, Rodney K. Smith

Indiana Law Journal

No abstract provided.

Balancing Due Process And Academic Integrity In Intercollegiate Athletics: The Scholarship Athlete's Limited Property Interest In Eligibility, Brian L. Porto

Indiana Law Journal

No abstract provided.

The Right To Speak, The Right To Hear, And The Right Not To Hear: The Technological Resolution To The Cable/Pornography Debate, Michael I. Meyerson

All Faculty Scholarship

The advent of cable television presented a new opportunity to consider the competing interests on each side of the free speech/pornography debate. This Article attempts to construct an analysis that will be consistent with Supreme Court teaching on how government, under the first amendment, may constitutionally regulate legal obscenity, particularly in the name of protecting those who wish to avoid exposure to such material.

The Article shows how, unlike earlier battles over technology and pornography, cable television presented the novel opportunity to have a technological rather than a censorial solution to this difficult problem.

The Very Idea Of "Law And Literature", John D. Ayer

Michigan Law Review

A Review of The Failure of the Word: The Protagonist as Lawyer in Modern Fiction by Richard Weisberg

A Survey Of Legal Issues Facing The Foreign Athlete, Debra Dobray

University of Miami Entertainment & Sports Law Review

No abstract provided.

Table Of Contents

University of Miami Entertainment & Sports Law Review

No abstract provided.

Anderson V. Liberty Lobby: A New York "State Of Mind", Lawrence D. Goodman, Howard D. Dubosar

University of Miami Entertainment & Sports Law Review

No abstract provided.

Law And Business Of The Sports Industries, By Robert C. Berry And Glenn M. Wong, Debra Dobray

University of Miami Entertainment & Sports Law Review

No abstract provided.

A Player's View Of The Nfl Reserve System, Edward Newman

University of Miami Entertainment & Sports Law Review

No abstract provided.

A Critical Look At Professional Tennis Under Antitrust Law, George Andrew Metanias, Thomas Joseph Cryan, David W. Johnson

University of Miami Entertainment & Sports Law Review

No abstract provided.

Law Of Defamation, By Rodney A. Smolla, Thomas R. Julin

University of Miami Entertainment & Sports Law Review

No abstract provided.

Dedication

University of Miami Entertainment & Sports Law Review

No abstract provided.

Franchise Relocation In Major League Baseball, Jeffrey M. Eisen

University of Miami Entertainment & Sports Law Review

No abstract provided.

The Antitrust Implications Of Professional Sports Leagues Revisited: Emerging Trends In The Modern Era, Thane N. Rosenbaum

University of Miami Law Review

No abstract provided.

Artists' Rights: Should Maryland Grant Moral Rights?, Eric C. Schneider

University of Baltimore Law Review

Artists in the United States who sell their works without contractually reserving any rights in the same currently enjoy only limited rights under federal copyright laws to exercise continuing control over such works. The author assesses the shortcomings of copyright protection in comparison with the protection afforded artists' so-called "moral rights" by many foreign jurisdictions, in particular France and Germany. "Moral rights" legislation has been introduced unsuccessfully in the United States both on the federal level and before the Maryland General Assembly. The author examines the draftsmanship and constitutionality of the proposed Maryland legislation and advises its adoption with recommended ...

Adjudication Is Not Interpretation: Some Reservations About The Law-As-Literature Movement, Robin West

Georgetown Law Faculty Publications and Other Works

Among other achievements, the modern law-as-literature movement has prompted increasing numbers of legal scholars to embrace the claim that adjudication is interpretation, and more specifically, that constitutional adjudication is interpretation of the Constitution. That adjudication is interpretation -- that an adjudicative act is an interpretive act -- more than any other central commitment, unifies the otherwise diverse strands of the legal and constitutional theory of the late twentieth century.

In this article, I will argue in this article against both modern forms of interpretivism. The analogue of law to literature, on which much of modern interpretivism is based, although fruitful, has carried ...

Congress And The Federal Communications Commission: The Continuing Contest For Power, Harry M. Shooshan Iii, Erwin G. Krasnow

Hastings Communications and Entertainment Law Journal

This article discusses the changing relationship between Congress and the Federal Communications Commission. The authors suggest that the Commission's status as an independent agency has been eroded by the emergence of a new system of checks and balances imposed by Congress. The use of riders on appropriations bills and the enactment of statutory moratoriums have served to increase Congressional involvement in, and control over, Commission decision-making. After discussing specific examples of how these new tools of legislative oversight have affected major Commission decisions, the authors conclude that the challenge for the Commission in the future will be to learn ...

If It Ain't Broke, Don't Fix It, John R. Worthington

Hastings Communications and Entertainment Law Journal

The author argues that the Department of Justice and the divested Bell Operating Companies are trying to persuade the divestiture court to do directly what the Dole Bill tried to accomplish indirectly, namely, eliminate the provisions of the AT&T consent decree which restrict those companies from entering lines of business in which they could abuse their bottleneck power. The author suggests that the Department's recommendations to remove these restrictions are fundamentally flawed and completely unprincipled - and that, furthermore, recent history and present realities show that federal regulators cannot prevent the anti-competitive abuses which the decree was crafted to ...

Mfj: Judicial Overkill - Further Perspective And Response, Robert B. Mckenna, Ronald L. Slyter

Hastings Communications and Entertainment Law Journal

The authors postulated in Volume 9:1 of COMM/ENT that the line-ofbusiness restrictions imposed in the AT&T divestiture decree-which sharply limit the business activities in which the divested exchange carriers may operate-were based upon fundamentally flawed premises. In this rejoinder, the authors take issue with those who would oppose the rights of the regional holding companies to own non-telecommunications- related enterprises. The authors suggest that the regulators are fully capable of properly fulfilling their statutory tasks in areas where exchange carriers have market power, and that the United States Congress has the legislative and constitutional power to eliminate ...

Freeing The Telephone Company Seven: The Justice Department Joins The Chorus, James P. Denvir

Hastings Communications and Entertainment Law Journal

In January of this year, the Department of Justice submitted to the United States District Court for the District of Columbia its recommendations concerning the line-of-business restrictions contained in the consent decree which was entered in U.S. v. AT&T. The Department recommended that restrictions on information services and manufacturing be lifted entirely and that the inter-exchange service restrictions be modified. The author discusses the marked departure from earlier positions of the Justice Department that these recommendations represent. The rationale for the Justice Department's change in position, as well as anticipated difficulties the Department would likely encounter in ...

Cameras In The Courtroom: A First Amendment Right Of Access, Richard H. Frank

Hastings Communications and Entertainment Law Journal

In Westmoreland v. Columbia Broadcasting System, Inc., the U.S. Court of Appeals for the Second Circuit held that a per se ban on television access to a federal courtroom does not violate the first amendment to the U.S. Constitution. The author asserts that Westmoreland and two similar courts of appeal decisions upholding absolute prohibition of electronic access to judicial proceedings are indefensible under recent U.S. Supreme Court decisions such as Chandler v. Florida and the Richmond Newspapers, Inc. v. Virginia line of cases. The author details the widespread success of television access to courtrooms in over eighty ...