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Entertainment, Arts, and Sports Law Commons

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Articles 1 - 27 of 27

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

The Legal Design For Parenting Concussion Risk, Katharine Silbaugh Nov 2019

The Legal Design For Parenting Concussion Risk, Katharine Silbaugh

Faculty Scholarship

This Article addresses a question as yet unexplored in the emerging concussion risk literature: how does the statutorily assigned parental role in concussion risk management conceptualize the legal significance of the parent, and does it align with other areas of law that authorize and limit parental risk decision-making? Parents are the centerpiece of the “Lystedt” youth concussion legislation in all fifty states, and yet the extensive legal literature about that legislation contains no discussion of parents as legal actors and makes no effort to situate their statutory role into the larger legal framework of parental authority. This Article considers the ...


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.


Foul-Ball Injury At South Bend Game Highlights Delicate Safety Balance, Ed Edmonds Jul 2015

Foul-Ball Injury At South Bend Game Highlights Delicate Safety Balance, Ed Edmonds

NDLS in the News

Baseball teams have operated under the assumption that anyone who attends a game accepts the risk of injury from foul balls or bats—an assumption that has been upheld by courts in many states including Indiana, under the "baseball rule."


Danger In The Dmca Safe Harbors: The Need To Narrow What Constitutes Red Flag Knowledge, Hank Fisher Jan 2015

Danger In The Dmca Safe Harbors: The Need To Narrow What Constitutes Red Flag Knowledge, Hank Fisher

University of Richmond Law Review

No abstract provided.


Scuba Diving Buddies: Rights, Obligations, And Liabilities, Phyllis G. Coleman Apr 2014

Scuba Diving Buddies: Rights, Obligations, And Liabilities, Phyllis G. Coleman

Phyllis Coleman

A common misconception is that scuba diving is dangerous; the reality is that divers are more likely to be hurt in their cars driving to the dive site than in an underwater accident. Arguably one reason the sport is so safe is the widespread, and often mandatory, use of the buddy system.A buddy expects his partner to perform a variety of tasks, which include assisting during an emergency. However, a glaring omission in the legal literature is the important issue of what happens when a diver's failure to act results in his buddy's death or serious injuries ...


A Good Ride Spoiled: Legal Liability And Golf Carts, Robert D. Lang Jan 2013

A Good Ride Spoiled: Legal Liability And Golf Carts, Robert D. Lang

Marquette Sports Law Review

None


When It Hits The Fan: Will There Be Liability For The Broken Bat?, A. David Austill Jan 2013

When It Hits The Fan: Will There Be Liability For The Broken Bat?, A. David Austill

Marquette Sports Law Review

No abstract provided.


The Duty Of Care College Football Coaches Owe To Student Staff Members: Analyzing The Tragic Death Of A Student Videographer At Notre Dame, Aaron Hernandez Jan 2013

The Duty Of Care College Football Coaches Owe To Student Staff Members: Analyzing The Tragic Death Of A Student Videographer At Notre Dame, Aaron Hernandez

Marquette Sports Law Review

No abstract provided.


Take Me Out To The Ballgame . . . But Bring A Helmet: Reforming The "Baseball Rule" In Light Of Recent Fan Injuries At Baseball Stadiums, Matthew J. Ludden Jan 2013

Take Me Out To The Ballgame . . . But Bring A Helmet: Reforming The "Baseball Rule" In Light Of Recent Fan Injuries At Baseball Stadiums, Matthew J. Ludden

Marquette Sports Law Review

No abstract provided.


The Virtues Of Common Law Theories And Disclosure Requirements In The Market For Fine Art, Brian D. Tobin Jan 2011

The Virtues Of Common Law Theories And Disclosure Requirements In The Market For Fine Art, Brian D. Tobin

Student Articles and Papers

For centuries common law warranties and fraud theories have regulated misattribution and mistaken provenance in the market for fine art. Scholars have in recent decades proposed theories to supplement protection for unsophisticated buyers transacting with auction houses or dealers. Academia has also proposed the imposition of securities regulations upon auction houses for the purpose of protecting sellers—an argument that can be extended to protect buyers transacting with either auction houses or dealerships. In practice, the theories put forth to protect purchasers may not have an added benefit and will likely disrupt liquidity. The extension of regulations akin to the ...


What's All The Headache: Reform Needed To Cope With The Effects Of Concussions In Football, Erika A. Diehl Jan 2010

What's All The Headache: Reform Needed To Cope With The Effects Of Concussions In Football, Erika A. Diehl

Journal of Law and Health

In order to effectively manage this public health concern, it is imperative to gain an understanding of the issues surrounding head injuries in sporting events. This Note will discuss the increasing frequency and dangers of concussions in amateur and professional football. It will suggest that athletes, schools, coaches, and doctors must become more educated on the causes and dangers of concussions in order to ensure the safety of participants. In order to do so, this Note introduces a medical overview of concussions, while briefly outlining the diagnosis, long-term effects, and management of concussions. Part III discusses the legal theories athletes ...


Team Physicians: Adhering To The Hippocratic Oath Or Just Plain Hypocrites? , Andrew D. Hohenstein Jan 2009

Team Physicians: Adhering To The Hippocratic Oath Or Just Plain Hypocrites? , Andrew D. Hohenstein

Marquette Sports Law Review

No abstract provided.


Student Gladiators And Sexual Assault: A New Analysis Of Liability For Injuries Inflicted By College Athletes, Ann Scales Jan 2009

Student Gladiators And Sexual Assault: A New Analysis Of Liability For Injuries Inflicted By College Athletes, Ann Scales

Michigan Journal of Gender & Law

This Article will focus on an issue that was probably not on the minds of 19th century educators, nor primarily on the minds of the legions of present-day academic critics of intercollegiate sports. Namely, this Article explores the ways in which big-time athletics- particularly football-normalize and encourage harms to women, including educational and sexual harms. The author’s theses depend upon acknowledging certain open secrets about college football: that it is a celebration of male physical supremacy (measured by male standards); that it is something that society lets males do and have as their sport, for reasons both good and ...


Scuba Diving Buddies: Rights, Obligations, And Liabilities, Phyllis G. Coleman Jan 2008

Scuba Diving Buddies: Rights, Obligations, And Liabilities, Phyllis G. Coleman

Faculty Scholarship

A common misconception is that scuba diving is dangerous; the reality is that divers are more likely to be hurt in their cars driving to the dive site than in an underwater accident. Arguably one reason the sport is so safe is the widespread, and often mandatory, use of the buddy system.

A buddy expects his partner to perform a variety of tasks, which include assisting during an emergency. However, a glaring omission in the legal literature is the important issue of what happens when a diver's failure to act results in his buddy's death or serious injuries ...


Baseball Bats In The High Tech Era: A Products Liability Look At New Technology, Aluminum Bats, And Manufacturer Liability, Matthew R. Wilmot Jan 2006

Baseball Bats In The High Tech Era: A Products Liability Look At New Technology, Aluminum Bats, And Manufacturer Liability, Matthew R. Wilmot

Marquette Sports Law Review

No abstract provided.


Winning At All Costs: An Analysis Of A University's Potential Liability For Sexual Assualts Committed By Its Student Athletes , Jenni E. Spies Jan 2006

Winning At All Costs: An Analysis Of A University's Potential Liability For Sexual Assualts Committed By Its Student Athletes , Jenni E. Spies

Marquette Sports Law Review

No abstract provided.


Avila V. Citrus Community College District: Shaping The Contours Of Immunity And Primary Assumption Of The Risk, Timothy Davis Jan 2006

Avila V. Citrus Community College District: Shaping The Contours Of Immunity And Primary Assumption Of The Risk, Timothy Davis

Marquette Sports Law Review

No abstract provided.


The Referee's Liability For Catastrophic Sports Injuries - A Uk Perspective, Richard Caddell Jan 2005

The Referee's Liability For Catastrophic Sports Injuries - A Uk Perspective, Richard Caddell

Marquette Sports Law Review

No abstract provided.


An "Insider's" Guide To The Legal Liability Of Sports Contest Officials, Richard J. Hunter Jr. Jan 2005

An "Insider's" Guide To The Legal Liability Of Sports Contest Officials, Richard J. Hunter Jr.

Marquette Sports Law Review

No abstract provided.


Sports Volunteer Protection Statutes: Moving Toward Uniformity And Providing Volunteer Referees With Medical Training, Jason A. Kuiper Jan 2005

Sports Volunteer Protection Statutes: Moving Toward Uniformity And Providing Volunteer Referees With Medical Training, Jason A. Kuiper

Marquette Sports Law Review

No abstract provided.


California Amusement Rides And Liability, Adam Epstein Dec 2004

California Amusement Rides And Liability, Adam Epstein

Adam Epstein

Discussion of the majority and minority California Supreme Court decision involving the unfortunate 2000 incident at Disneyland which resulted in the death of a woman on her honeymoon.


A Legal Commentary On The National Federation Of High School Associations Track And Field Rules Relating To The Pole Vault, Russ Versteeg Jan 2004

A Legal Commentary On The National Federation Of High School Associations Track And Field Rules Relating To The Pole Vault, Russ Versteeg

Marquette Sports Law Review

No abstract provided.


Snowboarding Liability: Past, Present And Future, Joshua D. Hecht Jan 2004

Snowboarding Liability: Past, Present And Future, Joshua D. Hecht

Marquette Sports Law Review

No abstract provided.


The Little Act That Could: The Volunteer Protection Act Of 1997, Adam Epstein, Rebecca Mowrey Dec 2002

The Little Act That Could: The Volunteer Protection Act Of 1997, Adam Epstein, Rebecca Mowrey

Adam Epstein

A study and analysis of the federal Volunteer Protection Act of 1997 (VPA). The article discusses significant cases under state and federal law and decisions. It discusses the importance of the VPA yet also offers problems and issues related to its interpretation.


Golf And Torts: An Interesting Twosome, John J. Kircher Jan 2001

Golf And Torts: An Interesting Twosome, John J. Kircher

Marquette Sports Law Review

No abstract provided.


Jurisdiction, Choice Of Law, Copyright, And The Internet: Protection Against Framing In An International Setting, Kai Burmeister Dec 1999

Jurisdiction, Choice Of Law, Copyright, And The Internet: Protection Against Framing In An International Setting, Kai Burmeister

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Lightning: A Double Hit For Golf Course Operators, Michael Flynn Jan 1995

Lightning: A Double Hit For Golf Course Operators, Michael Flynn

Marquette Sports Law Review

No abstract provided.