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"Sports Law" - Why it Doesn't Really Exist: Part I, Introduction
If criminal law is the body of law that governs criminals and the commission of crimes, and labor law is that which governs wages, employment, and labor unions, shouldn’t it follow that sports law is...
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Commercial Loudness Mitigation Act to Bring Relief to TV Viewers
Congress Agrees on Legislation Impacting Americans in All Tax Brackets It may soon be tougher to catch your teenage child watching TV when they're supposed to be studying (or sleeping). But actually,...
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Jury Awards Professors $5M in Defamation Suit Against West
For everyone who says that juries aren't giving out mega-verdicts anymore, here's your exception: Last week, a federal jury in Philadelphia gave a $5,000,000 early X'mas present to a couple law...
View ArticleLaw Firm X'mas Cards
Because of the fact being that I'm in the process of opening a second office—in another state, no less—my office won't be sending out "holiday" cards this year. It's not that I don't have the time....
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BCS Has New Home on ESPN; Brennaman Can Take Ted Williams' Old Job
Regardless of whether you liked the teams or the outcome of last night's BCS National Championship game, you have to admit how much better the championship is now that it's back on ABC's family of...
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SCOTUS to Decide Constitutionality of FCC's Indecency Policy
At the 2003 Golden Globes, U2 front-man Bono accepted the award for Best Original Song in a Motion Picture (Martin Scorcese's Gangs of New York), and when Bono took the microphone he was apparently...
View ArticleLaw360.com Article: "FCC. . .Could Be F'd Before the High Court"
Shortly after I posted about the FCC's broadcasting indecency policy heading to the U.S. Supreme Court, a senior writer from Law360.com interviewed me for a feature article she was working on in...
View ArticleThird Circuit Rules Against FCC in Wardrobe Malfunction Case
A picture may be worth a thousand words, but apparently, it's not worth a half million bucks. While we're all still waiting for the U.S. Supreme Court to hear oral argument in the F.C.C. v. Fox case...
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Thou Shalt Know Thy First Amendment
Perhaps I take my law degree for granted sometimes, but it still floors me when I hear somebody say something about the U.S. Constitution that sounds as ridiculous as what Sarah Palin recently said in...
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Does IOC Rule 40 Violate the First Amendment?
When we think of companies that try to steal the show with slick advertising, or back-door promotion tactics to avoid exorbitant advertising costs, Nike probably isn't the first that comes to mind....
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SDNY Ruling is Step Backwards for Fair Use Jurisprudence
Not to beat a dead horse, but yesterday's ruling by a U.S. District Judge Denise Cote is a great example of why the fair use doctrine is so complicated, and widely misunderstood. The case is...
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