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Entertainment, Arts, and Sports Law Commons

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2008

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Articles 1 - 30 of 146

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

The Rhetoric Of Predictability: Reclaiming The Lay Ear In Music Copyright Infringement Litigation, Austin Padgett Dec 2008

The Rhetoric Of Predictability: Reclaiming The Lay Ear In Music Copyright Infringement Litigation, Austin Padgett

The University of New Hampshire Law Review

[Excerpt] “Some things cannot be described. This is the theory that recent literary criticism has placed as its cornerstone. Philosopher-critic Roland Barthes identified this trend in his Mythologies, stating that critics often “suddenly decide that the true subject of criticism is ineffable, and criticism, as a consequence, unnecessary. Unfortunately, this view has become singular within the legal academy whenever an author discusses music copyright infringement analysis. It seems that scholars fear the thought of trusting a jury with such an “ineffable” subject as music and must propose alternatives, such as expert testimony, specialized courts, or mechanical analysis, that will diminish ...


The Social Contract And Authorship: Allocating Entitlements In The Copyright System. , Alina Ng Dec 2008

The Social Contract And Authorship: Allocating Entitlements In The Copyright System. , Alina Ng

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Incentivizing Postmarketing Pharmaceutical Product Safety Testing With Extension Of Exclusivity Periods, Leslie Kushner Dec 2008

Incentivizing Postmarketing Pharmaceutical Product Safety Testing With Extension Of Exclusivity Periods, Leslie Kushner

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Academia To Industry Technology Transfer: An Alternative To The Bayh-Dole System For Both Developed And Developing Nations, Dov Greenbaum Dec 2008

Academia To Industry Technology Transfer: An Alternative To The Bayh-Dole System For Both Developed And Developing Nations, Dov Greenbaum

Fordham Intellectual Property, Media and Entertainment Law Journal

Renewed efforts to bring science and technology to the center of economic revival in developing nations recognize the centrality of the university in the creation and promotion of science and innovation. Many developed nations, following the paradigmatic U.S. technology transfer system, transfer their academic innovations to industry—through licensing intellectual property—for eventual commercialization. While conventional wisdom places the Carter era Bayh-Dole legislation at the center of that successful American system, this Article argues that the U.S. biotechnology and high tech booms are more likely attributable to the confluence of unique and propitious conditions, and that Bayh-Dole played ...


Inequitable Conduct: A Standard In Motion., Benjamin Brown Dec 2008

Inequitable Conduct: A Standard In Motion., Benjamin Brown

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


When The Schoolhouse Gate Extends Online: Student Free Speech In The Internet Age., David J. Fryman Dec 2008

When The Schoolhouse Gate Extends Online: Student Free Speech In The Internet Age., David J. Fryman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Harmony And Its Functionality: A Gloss On The Substantial Similarity Test In Music Copyrights., Sergiu Gherman Dec 2008

Harmony And Its Functionality: A Gloss On The Substantial Similarity Test In Music Copyrights., Sergiu Gherman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


How The United States Government Sacrifices Athletes' Constitutional Rights In The Pursuit Of National Prestige, Dionne L. Koller Dec 2008

How The United States Government Sacrifices Athletes' Constitutional Rights In The Pursuit Of National Prestige, Dionne L. Koller

BYU Law Review

No abstract provided.


Hard Ball, Soft Law In Mlb: Who Died And Made Wada The Boss?, George T. Stiefel Iii Dec 2008

Hard Ball, Soft Law In Mlb: Who Died And Made Wada The Boss?, George T. Stiefel Iii

Buffalo Law Review

No abstract provided.


Liberdade, Ética E Direito, Paulo Ferreira Da Cunha Nov 2008

Liberdade, Ética E Direito, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Further than Ethics concieved as mere obedience, Republican Ethics expresses the idea of duty for freedom and Liberty. After Law concieved as only duty and imperative norms from power to the subjects, there is the possibility of a fraternal law, in new patterns. This article explores several ways in a new ethics and a new law paradigms, after the objective Roman Law and the subjective modern Law.


Sports, Inc., Volume 1, Issue 1, Ilr Cornell Sports Business Society Oct 2008

Sports, Inc., Volume 1, Issue 1, Ilr Cornell Sports Business Society

Sports, Inc.

The ILR Cornell Sports Business Society magazine is a semester publication titled Sports, Inc. This publication serves as a space for our membership to publish and feature in-depth research and well-thought out ideas to advance the world of sport. The magazine can be found in the Office of Student Services and is distributed to alumni who come visit us on campus. Issues are reproduced here with permission of the ILR Cornell Sports Business Society.


Just A Concern For Good Manners: The Second Circuit Strikes Down The Fcc's Broadcast Indecency Regime, Michael Strocko Oct 2008

Just A Concern For Good Manners: The Second Circuit Strikes Down The Fcc's Broadcast Indecency Regime, Michael Strocko

University of Miami Business Law Review

No abstract provided.


Balco, The Steroids Scandal, And What The Already Fragile Secrecy Of Federal Grand Juries Means To The Debate Over A Potential Federal Media Shield Law, Peter Meyer Oct 2008

Balco, The Steroids Scandal, And What The Already Fragile Secrecy Of Federal Grand Juries Means To The Debate Over A Potential Federal Media Shield Law, Peter Meyer

Indiana Law Journal

No abstract provided.


The Continuing Evolution Of Consent And Authority In Digital Search And Seizure, Aaron Stanley Oct 2008

The Continuing Evolution Of Consent And Authority In Digital Search And Seizure, Aaron Stanley

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Made In China: How Chinese Counterfeits Are Creating A National Security Nightmare For The United States, Laura C. Nastase Oct 2008

Made In China: How Chinese Counterfeits Are Creating A National Security Nightmare For The United States, Laura C. Nastase

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Jurisdictional Issues In The Adjudication Of Patent Law Malpractice Cases In Light Of Recent Federal Circuit Decisions, Michael Ena Oct 2008

Jurisdictional Issues In The Adjudication Of Patent Law Malpractice Cases In Light Of Recent Federal Circuit Decisions, Michael Ena

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Bridgeport Redux: Digital Sampling And Audience Recoding, David M. Morrison Oct 2008

Bridgeport Redux: Digital Sampling And Audience Recoding, David M. Morrison

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


We Interrupt This Broadcast: Will The Copyright Royalty Board’S March 2007 Rate Determination Proceedings Pull The Plug On Internet Radio?, Erich Carey Oct 2008

We Interrupt This Broadcast: Will The Copyright Royalty Board’S March 2007 Rate Determination Proceedings Pull The Plug On Internet Radio?, Erich Carey

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


What Is Truth?: True Suspects And False Defamation, Peter B. Kutner Oct 2008

What Is Truth?: True Suspects And False Defamation, Peter B. Kutner

Fordham Intellectual Property, Media and Entertainment Law Journal

A television station reports that an individual is a suspect in a murder case. A newspaper reports that a business or charity is under investigation to determine whether it has provided funding to terrorists or terrorist organizations. It is true that the individual is a suspect in the police investigation of the murder, and that the government is investigating the business or charity for possible financial links to terrorists. However, the suspicion is wrong, or at least unprovable. As far as can be determined from the available evidence, the individual did not commit a murder, and the business or charity ...


From Medals To Morality: Sportive Nationalism And The Problem Of Doping In Sports, Dionne L. Koller Oct 2008

From Medals To Morality: Sportive Nationalism And The Problem Of Doping In Sports, Dionne L. Koller

All Faculty Scholarship

The conventional wisdom is that in the fight against doping, the government is in the best position to clean up sport and protect the integrity of competition. The premise underlying this assumption is that in the United States, sport is private, so that the government typically has no role in its regulation. It is now, advocates suggest, with the integrity of sport on the line, the government should move off the sidelines and take action. This essay challenges that premise by arguing that with respect to doping in sports the government has not merely been a sidelines observer, but was ...


Casos De “Control Casi Total”. La Fragilidad Del Plazo De Seis Meses Para Que El Controlante Emita Una Declaración Unilateral De Adquisición, Gaston Mirkin Sep 2008

Casos De “Control Casi Total”. La Fragilidad Del Plazo De Seis Meses Para Que El Controlante Emita Una Declaración Unilateral De Adquisición, Gaston Mirkin

Gaston Mirkin

No abstract provided.


Balancing Individual And Societal Interests Under The First Amendment: How The Eighth Circuit Saved Fantasy Baseball, Salvatore Vetrini Sep 2008

Balancing Individual And Societal Interests Under The First Amendment: How The Eighth Circuit Saved Fantasy Baseball, Salvatore Vetrini

Pace Law Review

No abstract provided.


The Day The (Digital) Music Died: Bridgeport, Sampling Infringement, And A Proposed Middle Ground, Joshua Crum Sep 2008

The Day The (Digital) Music Died: Bridgeport, Sampling Infringement, And A Proposed Middle Ground, Joshua Crum

BYU Law Review

No abstract provided.


Bringing Baseball To Israel, Kenneth Lasson Aug 2008

Bringing Baseball To Israel, Kenneth Lasson

All Faculty Scholarship

This brief article discusses little leagues in Israel, as well as individuals interested in baseball in that nation, especially those from the Maryland and Baltimore area. Mentioned is assistance sent to the little leagues by the Baltimore Orioles baseball team, and some of the memories of those involved of baseball in the United States, but who now reside in Israel.


Colocación Por "Oferta Pública" De Obligaciones Negociables. Dudas Interpretativas En Torno Al Concepto, Gaston Mirkin Aug 2008

Colocación Por "Oferta Pública" De Obligaciones Negociables. Dudas Interpretativas En Torno Al Concepto, Gaston Mirkin

Gaston Mirkin

No abstract provided.


Pushing Weight, André Douglas Pond Cummings Jun 2008

Pushing Weight, André Douglas Pond Cummings

Faculty Scholarship

The plight of the black athlete in United States professional and collegiate sports reflects a historical road burdened by strident discrimination, yielding assimilation and gleeful exploitation. As African American athletes began to be permitted to enter the lineups of storied professional sports clubs beginning in the 1950s, they did so only on the strict conditions placed upon them by the status quo white male dominated regime. Often the very terms of black athlete participation required a rigid commitment to - covering - racial identity and outright suppression of self. Once African American athletes burst onto the nation's consciousness in the forms ...


Tercer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García Jun 2008

Tercer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García

Bruno L. Costantini García

Tercer Congreso Nacional de Organismos Públicos Autónomos

"Autonomía, Reforma Legislativa y Gasto Público"


Performing Art: National Endowment For The Arts V. Finley, Randall P. Bezanson Jun 2008

Performing Art: National Endowment For The Arts V. Finley, Randall P. Bezanson

Federal Communications Law Journal

In this modified version of a chapter in his forthcoming book, ART AND FREEDOM OF SPEECH (Univ. of Illinois Press, 2008-09), Professor Bezanson begins to probe the nature of art and its relation to the first amendment free speech guarantee. The essay uses the Finley v. NEA case, and specifically its discussion of Finley's performance art, to critique the Supreme Court's very approach to the Finley case, and to view the issues from the perspective of art, artistic freedom, and the Supreme Court's role in fashioning constitutional protection for art as art, and not simply as cognitive ...


Enhanced Protections For Geographical Indications Under Trips: Potential Conflicts Under The U.S. Constitutional And Statutory Regimes, David Snyder Jun 2008

Enhanced Protections For Geographical Indications Under Trips: Potential Conflicts Under The U.S. Constitutional And Statutory Regimes, David Snyder

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


“It’S The Same Old Song”: The Failure Of The Originality Requirement In Musical Copyright, Valeria M. Castanaro Jun 2008

“It’S The Same Old Song”: The Failure Of The Originality Requirement In Musical Copyright, Valeria M. Castanaro

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.