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Archive of Current and Previous Issues
A First Amendment of Second Life: What Virtual Worlds Mean for the Law of Video Games
- By Marc Jonathan Blitz
The Magic Circle
- By Joshua A.T. Fairfield
The Tangled Web of UGC: Making Copyright Sense Sense of User-Generated Content
- By Daniel Gervais
Patenting Games: Baker v. Sheldon Revisited
- By Shubha Ghosh
Law and the Emotive Avatar
- By Llewellyn Joseph Gibbons
Mass Culture and the Culture of the Masses: A Manifesto for User-Generated Rights
- By Debora Halbert
Hume's Penguin, or, Yochai Benkler & the Nature of Peer Production
- By Steven A. Hetcher
Two Notions of Privacy Online
- By Avner Levin and Patricia Sánchez Abril
Questionnaire File for Prof. Levin
Who Monitors the Monitor? Virtual World Governance and the Failure of Contract Law Remedies in the Virtual World
- By Hannah Yee Fen Lim
"Transformative" User-Generated Content in Copyright Law: Infringing Derivative Works or Fair Use?
- By Mary W.S. Wong
Working Toward Spontaneous Copyright Licensing: A Simple Solution to a Complex Problem
- By Tanya M. Woods
Volume 11, Number 3
The 2008 Federal Obscenity Conviction of Paul Little and What It Reveals About Obscenity Law and Prosecutions
- By Robert D. Richards and Clay Calvert
Solidifying the Defensive Line: The NFL Network’s Current Position Under Antitrust Law and How it Can Be Improved
- By Ethan Flatt
Uneasy Lies the Head that Wears the Crown: Why Content’s Kingdom is Slipping Away
-By Jonathan Handel
Respect My Authority! South Park’s Expression of Legal Ideology and Contribution to Legal Culture
- By Kimberlianne Podlas
Combating Incitement to Terrorism on the Internet: Comparative Approaches in the United States and United Kingdom and the Need for an International Solution
- By Elizabeth M. Renieris
Over the Counter but Under the Radar: Direct-to-Consumer Genetics Tests and FDA Regulation of Medical Devices
- By Lauren B. Solberg
We’re Friends, Right? Client List Misappropriation and Online Social Networking in the Workplace
- By Brian Van Wyk
Is It Really Possible to Do the Kessel Run in Less than Twelve Parsecs and Should It Matter? Science and Film and its Policy Implications
- By Prof. Dov Greenbaum
The "Spiritual Temperature" of Contemporary Popular Music: An Alternative to the Legal Regulation of Death-Metal and Gangsta-Rap Lyrics
- By Prof. Tracy Reilly
One Strike and You're Out: Alcohol in the Major League Baseball Clubhouse
- By Steven Berneman
Terroir vs. Trademarks: The Debate over Geographical Indications and Expansions to the TRIPS Agreement
- By Emily Creditt
Fantasy Crime: The Role of Criminal Law in Virtual Worlds
- By Prof. Susan W. Brenner
A Libel Law Analysis of Media Abuses in Reporting on the Duke Lacrosse Fabricated Rape Charges
- By Prof. David A. Elder
Sentencing Guidelines for the Court of Public Opinion: An Analysis of the National Football League’s Revised Personal Conduct Policy
- By Michael A. Mahone Jr.
Xiaoning v. Yahoo! Inc.’s Invocation of the Alien Tort Statute: An Important Issue but an Improper Vehicle
- By DeNae Thomas
Volume 10, Number 4
Pornography, Coercion, and Copyright Law 2.0
- By Prof. Ann Bartow
The Specter of Copyism v. Blockheaded Authors: How User-Generated Content Affects Copyright Policy
- By Prof. Tom Bell
User-Generated Content and the Future of Copyright: Part One—Investiture of Ownership
- By Prof. Steven Hetcher
User-Generated Content and Virtual Worlds
- By Prof. Greg Lastowka
Volume 10, Number 3
Illegal P2P File Sharing on College Campuses—What’s the Solution?
- By Antionette D. Bishop
An Intellectual Property Food Fight: Why Copyright Law Should Embrace Culinary Innovation
- By J. Austin Broussard
Just Click Submit: The Collection, Dissemination, and Tagging of Personally Identifying Information
- By Corey Ciocchetti
Everything I Need To Know I Learned from Fandom: How Existing Social Norms Can Help Shape the Next Generation of User-Generated Content
- By Casey Fiesler
Yours, Mine, and Ours: The Joint Authorship Conundrum for Sound Recordings
- By Abbot M. Jones
Wringing Songwriters Dry: Negative Consequences of Compulsory Licensing for Ringtones
- By Daniel H. Mark
Applying Genericide to the Right of Publicity
- By Zoe Argento
A Healthy Solution for Patients and Patents: How India’s Legal Victory Against a Pharmaceutical Giant Reconciles Human Rights with Intellectual Property Rights
- By Sara Beth Myers
Sparing Internet Radio from the Real Threat of the Hypothetical Marketplace
- By Mark D. Robertson
Take the Training Wheels Off the League: Major League Soccer's Dysfunctional Relationship with the International Soccer Transfer System
- By Omar Hafez Ayad
Six Clicks of Separation: The Legal Ramifications of Employers Using Social Networking Sites to Research Applicants
- By Ian Byrnside
The Fair Use Doctrine and Trackjacking: Beautiful Animal or Destroyer of Worlds?
- By S. Wayne Clemons, Jr.
Access This: Why Institutions of Higher Education Must Provide Access to the Internet to Students with Disabilities
- By Nina Golden
Opinionated Software
- By Meiring de Villiers
Addressing the Incoherency of the Preemption Provision of the Copyright Act of 1976
- By Joseph P. Bauer
Hit and Miss: Leverage, Sacrifice, and Refusal to Deal in the Supreme Court Decision in Trinko
- By Nicholas Economides
Patently Wrong: The U.S. Supreme Court Punts in the Case of LabCorp v. Metabolite
- By John G. New
From Safe Harbor to Choppy Waters: YouTube, the Digital Millennium Copyright Act, and a Much Needed Change of Course
- By Lauren B. Patten
All In, But Left Out: How the Unlawful Internet Gambling Enforcement Act Seeks to Eradicate Online Gambling in the United States
- By Benjamin C. Wickert
Calling All Angles: Perspectives on Regulating Internet Telephony
- By Melissa Winberg
Defending Artistry by Deleting “Dead Capital:” Sony, Grokster, and the Supreme Court’s Lost Opportunity to Eradicate the “Substantial Non-Infringing Use” Doctrine
- By Joshua E. Carpenter
Truth, Accuracy and Neutral Reportage: Beheading the Media Jabberwock’s Attempts to Circumvent New York Times v. Sullivan
- By David A. Elder
International Distribution: Divergence of Co-Ownership Laws
- By Goldie Gabriel
A Bright Line at Any Cost: The Sixth Circuit Unjustifiably Weakens the Protection for Musical Composition Copyrights in Bridgeport Music v. Dimension Films
- By Michael Jude Galvin
Atlantic Recording Corporation v. XM Satellite Radio: A Brief Analysis of the Case and its Implications for U.S. Copyright Law
- By Lyle Preslar
Dealing with Casual Piracy: Limiting Distribution of Copyrighted Content with Digital Rights Management
- By Bimal Jaysen Rajkomar
A Reason for Musicians to Fret: Copyright Infringement in Online Guitar Tablature
- By Laura E. Gary
Changing Seasons, Changing Times: The Validity of Nontraditional Sports Seasons Under Title IX and the Equal Protection Clause
- By Jane Hefferan
Cyber-Libeling the Glitterati: Protecting the First Amendment for Internet Speech
- By Abbey L. Mansfield
A Common Tool for Individual Solutions: Why Countries Should Establish an International Organization to Regulate Internet Content
- By Paul Przybylski
Porn in Their Words: Female Leaders in the Adult Entertainment Industry Address Free Speech, Censorship, Feminism, Culture, and the Mainstreaming of Adult Content
- By Clay Calvert and Robert D. Richards
Conducting the Constitution: Justice Scalia, Textualism, and the Eroica Symphony
- By Ian Gallacher
A Study of Juror Expectations and Demands Concerning Scientific Evidence: Does the “CSI Effect” Exist?
- By Hon. Donald E. Shelton, Young S. Kim, and Gregg Barak
Rider Beware: Relying on the Courts and a Nationalized Rating System to Address the Duty of Care Owed to Amusement Park Attraction Guests
- By Tobias Butler
Cracks in the Great Wall: Why China’s Copyright Law Has Failed to Prevent Piracy of American Movies Within its Borders
- By Jordana Cornish
A Need for Heightened Scrutiny: Aligning the NCAA Transfer Rule with its Rationales
- By Jonathan Jenkins
“Did You Want Fries With That?” The Unanswered Question of Federal Product Placement Regulation
- By Raghu Seshadri
The Privacy Gambit: Toward a Game Theoretic Approach to International Data Protection
- By Horace E. Anderson, Jr.
New Perspectives on Public Goods Production: Policy Implications of Open Source Software
- By Jyh-An Lee
Equal Protection in the World of Art and Obscenity: The Art Photographer’s Latent Struggle with Obscenity Standards in Contemporary America
- By Elaine Wang
The “Public Use” of Private Sports Stadiums: Kelo Hits a Homerun for Private Developers
- By Cristin F. Hartzog
Creative Industries in Developing Countries and Intellectual Property Protection
- By Lauren Loew
Warring Ideologies for Regulating Military Blogs: A Cyberlaw Approach for Balancing Free Speech and Security in Cyberspace
- By Julia E. Mitchell
A Winner is Who? Fair Use and the Online Distribution of Manga and Video Game Fan Translations
- By Jaime E. Muscar
Towards the Digital Music Distribution Age: Business Model Adjustments and Legislative Proposals to Improve Legal Downloading Services and Counter Piracy
- By Carlos Ruiz de la Torre
Don’t Shoot the Speaker: Why Forfeiture Liability for Indecency Violations over Broadcast Media Cannot be Expanded to Cover the Speaker
- By Kevin Bennardo
The Dissonant Tune of International Harmonization and the Domestic Duration of Phonorecord Protection
- By Caz McChrystal
The Mouse That Roared: Addressing the Post-modern Quandary of Mash-ups through Traditional Fair Use Analysis
- By Aaron Power
Scuffling for a Slice of the Ringtone Pie: Evaluating Legal and Business Approaches to Copyright Clearance Issues
- By Carmen Kate Yuen
Celebrities in the Courtroom: Legal Responses, Psychological Theory and Empirical Research
- By Jared Chamberlain, Monica K. Miller, and Alayna Jehle
SPAM vs. Ms. Piggy: An Entertainment Law Cautionary Tale
- By Candi Henry
Not All Copyright Infringers Are Created Equal: Why Federal Income Tax is a Proper Deductible Expense for Non-Willful Copyright Infringers
- By Christine Ballard
Bloggers as Reporters: An Effect-Based Approach to First Amendment Protections in a New Age of Information Dissemination
- By Stephanie J. Frazee
Revenue Sharing and the Salary Cap in the NFL: Perfecting the Balance Between NFL Socialism and Unrestrained Free-Trade
- By Clay Moorhead
Frozen in Time? New Technologies, Fixation, and the Derivative Work Right
- By Patrick W. Ogilvy
The Age of Innocence: The First 25 Years of The National Collegiate Athletic Association, 1906 to 1931
- By W. Burlette Carter
Video Game Music: Where it Came From, How it is Being Used Today, and Where it is Heading Tomorrow
- By Michael Cerrati
D.I.Y. After Dastar: Protecting CreatorsÂf Moral Rights Through Creative Lawyering, Individual Contracts and Collectively Bargained Agreements
- By Rick Mortensen
Distinctly Delineated Fictional Characters That Constitute The Story Being Told: Who Are They And Do They Deserve Independent Copyright Protection?
- By Jasmina Zecevic
Is the ADA Short-Sighted? An Analysis of Sightline Regulations in Movie Theaters
- By Michael D. Driver
Honor Among Thieves: Copyright Infringement in Internet Fandom
- By Christina Z. Ranon
Is the Suite Life Truly Sweet? The Property Rights Luxury Box Owners Actually Acquire
- By Amanda Schlager
State Regulation of Unsolicited Bulk Commercial E-mail and the Dormant Commerce Clause
- By Jeffrey D. Zentner
Navigating Into the New "Safe Harbor" : Model Interest Surveys as a New Tool for Title IX Compliance Programs
- By John J. Almond and Daniel A. Cohen
The Needle and the Damage Done: The Pervasive Presence of Obsolete Mass Media Audience Models in First Amendment Doctrine
- By Mehmet Konar-Steenberg
Legal and Practical Aspects of Music Licensing for Motion Pictures
- By Vlad Kushnir
Arresting Vaulting Pole Technology
- By Russ VerSteeg
Copyright Issues for Sound Recordings of Volunteer Performers
- By Stephen Adams
Upon Further Review: Why the NFL May Not be Free after Clarett, and Why Professional Sports May be Free from Antitrust Law
- By Darren W. Dummit
The Reality of Reality Television: Understanding the Unique Nature of the Reality Genre in Copyright Infringement Cases
- By J. Matthew Sharp
Steal this Concert? The Federal Anti-bootlegging Statute Gets Struck Down, but not Out
- By Adam Giuliano
It's Mine! No, It's Mine! No, It's Mine!' Works-Made-For-Hire, Section 203 of the Copyright Act, and Sound Recordings
- By Adam Halston Dunst
An Analysis of the Recording Industry’s Litigation Strategy Against Direct Infringers
- By Kristina Groennings
Digital Music Sampling & Copyright Law: Can the Interests of Copyright Owners and Sampling Artists be Reconciled?
- By Carlos Ruiz de la Torre
Tragedy and Triumph in Title IX
- By Welch Suggs
Are We Playing By the Rules? A Debate Over the Need for NCAA Regulation Reform
Is the System Flawed? Legal Ramifications of the Bowl Championship Series and Conference Alignment
“Bring It On”: The High-Stakes Battle Over Whether The Courts, Congress or The FEC Should Muzzle Independent “527” Television Advertising
- By Christopher G. Johnson
The Downhill Battle to Copyright Sonic Ideas in Bridgeport Music
- By Matthew S. Garnett
Protecting the Future: A strategy for Creating Laws Not Constrained by Technological Obsolescence
- By Jay Campbell
Revenue Sharing in Major League Baseball: Are Cuba's Political Managers on their Way Over Too?
- By Matthew Ryan McCarthy
Taking One for the Team: Should Colleges be Liable for Injuries Occurring During Student Participation in Club Sports?
- By Nick White
The NCAA's Regulations Related to the Use of Agents in the Sport of Baseball: Are the Rules Detrimental to the Best Interest of the Amateur Athlete?
- By Richard T. Karcher
Representant Les Etats-Unis d’Amerique: Reforming the USOC Charter
- By Christopher T. Murray
Copyright Infringement in the Indian Film Industry
- By Rachana Desai
Sola, Perduta, Abbandonata: Are the Copyright Act and Performing Rights Organizations Killing Classical Music?
- By Amanda Scales
Termination Rights and the Real Songwriters
- By Geoffrey P. Hull
The Information Black Hole: Managing the Issues Arising from the Increase in Electronic Data Discovery in Litigation
- By Tracey Boyd
Why Is Betamax an Anachronism in the Digital Age? Erosion of the Sony Doctrine and Indirect Copyright Liability of Internet Technologies
- By Jiarui Liu
The Music Industry’s Failed Attemps to Influence File Sharing Norms
- Steven A. Hetcher
United States’ Trade Policy and the Exportation of United States’ Culture
- Beverly I. Moran
Regulation through Intimidation: Congressional Hearings and Political Pressure on America’s Entertainment Media
- Kenneth A. Paulson
A Whole Different Ballgame: Ticket Scalping Legislation and Behavorial Economics?
- Jasmin Yang
Too Much of a Good Thing? Deciphering Copyright Infringement for the Musician
- Joseph K. Christian
Typosquatters, the Tactical Fight Being Waged by Corporations, and Congress’ Attempt to Fight Back in the Criminal Arena: U.S. v. Zuccarini
- David A. Gusewelle
A Traitor in Our Midst: Is it your TiVo?
- Teresa W. Chan
Adult Entertainment and the First Amendment: A Dialogue and Analysis with the Industry’s Leading Litigator & Appellate Advocate
- Clay Calvert and Robert D. Richards
Long Overdue? An Exploration of the Status and Merit of a General Public Performance Right in Sound Recordings
- Matthew S. DelNero
Business, The Arts, & The Role of the Copyright Act: An Illustration
- Keith C. Hauprich
“Justice Isn’t Deaf” - A Behind the Scenes Look at how Bijoux Records Executives Discuss the Potential Liability for Violence “Inspired” by Song Lyrics and How They Will Fare in the Face of the First Amendment
- Renée Michelle Moore
Fiduciary Duty: Can It Help Calm the Fears of Underpaid Artists?
- Wendy V. Bartholomew
A Wolf in Sheep’s Clothing: Wolf v. Ashcroft and the Constitutionality of Using the MPAA Ratings to Censor Films in Prison
- Colin Miller
The E-rated Industry: Fair Use Sheep or Infringing Goat?
- Christina Mitakis
The New Software Jurisprudence and the Faltering First Amendment
- Liam Séamus O’Melinn
Is There Judicial Recourse to Attack Spammers?
- Ashley L. Rogers
The Reality of Fantasy: Addressing the Viability of a Substantive Due Process Attack on Florida’s Purported Stance Against Participation in Fantasy Sports Leagues that Involve the Exchange of Money
- Neville Firdaus Dastoor
Major League Baseball's Answer to Salary Disputes and the Strike: Final Offer Arbitration: A Negotiation Tool Facilitating Adversary Agreement
- Brien M. Wassner
Making a Mountain Out of a Mogul: Jeremy Bloom v. NCAA and Unjustified Denial of Compensation Under NCAA Amateurism Rules
- Gordon E. Gouveia
The Impact of Digital Distribution on the Duration of Recording Contracts
- Revella Cook
New Media - New Rules: The Digital Performance Right and Streaming Media over the Internet
- Joseph E. Magri
Idea Men Should be Able to Enforce Their Contractual Rights: Considerations Rejecting Preemption of Idea-Submission Contract ClaimsAlmost Famous: Reality Television Participants as Limited-Purpose Public Figures
- Celine Michaud and Gregory Tulquois
Almost Famous: Reality Television Participants as Limited-Purpose Public Figures
- Darby Green
New Video Game: Japan’s Video Game Producers Lose at the Litigation Game
- Dan Rose
Solutions are on Track: Digital File Sharing Spun in a Positive Light
- Beth A. Thomas
Copyright and the First Amendment: After the Wind Done Gone
- Joseph M. Beck
Practice Before the Copyright Arbitration Royalty Panel in 17 U.S.C. § 111 Distribution Proceedings
- Mark J. Davis
Satellite Wars: Culture vs. Expression
- Alex Colangelo
The Politics of "Mo' Money, Mo' Money," and the Strange Dialectic of Hip Hop
- Ronald D. Brown
The Impact of State Prohibitions of Punitive Damages on Libel Litigation: An Empirical Analysis
- Dennis Hale
Co-Productions: The Future Feature
- Jenica Yurcic
Interview with NFL General Counsel Adolpho Birch on the NFL's Drug Policy
