Commentary

  • Jordan Chiles and The Future of Sports Arbitration

    Jordan Chiles and The Future of Sports Arbitration

    Written by Gurtaran Johal. The stripping of Jordan Chiles’ bronze medal at the 2024 Paris Olympics will leave a substantial impact on the future of sports arbitration. During the 2024 Paris Olympics, Jordan Chiles competed in the Gymnastics Floor Final. Initially, she received a total score of 13.666, which put her in fifth place. However, after Chiles’ coach, Cecile Landi, submitted an inquiry, contending that the judges did not accurately score her routine’s difficulty level, her score increased to 13.766. This automatically propelled her into third place, garnering her the bronze medal. With Rebeca Andrade and Simone Biles in first and […]

  • The Lasting Impact of the “Rust” Movie Set Shooting

    The Lasting Impact of the “Rust” Movie Set Shooting

    Written by Nefertari Elshiekh. The fatal shooting on the “Rust” movie set has resulted in many civil and criminal cases and has had far reaching implications throughout Hollywood.  It has been just over three years since a prop gun killed cinematographer Haylna Hutchins on the film set of “Rust” in New Mexico. Several people involved with the movie production faced criminal and civil liability for the shooting, including Alec Baldwin, the star and producer of “Rust.” Baldwin had the prop gun in his hand when it fired, but he claims the gun went off without him firing it. In July 2024, […]

  • The Dangers of Scrutinizing Gender in Sports

    The Dangers of Scrutinizing Gender in Sports

    Written by Ahan Dhar. The controversy surrounding an Athlete’s gender at the Paris Olympics leads us to wonder: when does online discourse become targeted bullying? “Could any picture sum up our new men’s rights movement better? The smirk of a male who knows he’s protected by a misogynist sporting establishment enjoying the distress of a woman he’s just punched in the head, and whose life’s ambition he’s just shattered.” These were the words of J.K. Rowling in response to an image of Algerian Boxer Imane Khelif at the 2024 Paris Olympics. This picture depicted the now-viral moment after Khelif defeated her […]

  • Love Is Blind? Read Your Contract.

    Love Is Blind? Read Your Contract.

    Written by Shayna Toh. Behind the scenes of reality TV, producers and contestants have faced their own fair share of scandals over fairness of contracts. But what comes next? Bachelor Nation was rocked last month during the latest “After the Final Rose” finale, which saw the newest Bachelorette, Jennifer Tran—notably the series’ first Asian-American lead—sitting in front of a live audience with her now ex-fiancé. Distraught and sobbing, she explained how he had ended their engagement and relationship shortly after cameras stopped rolling. When asked if the producers could play the clip of their now-doomed proposal, she responded: “Do I have […]

  • Miley Cyrus Faces Lawsuit over “Flowers”: Riff-off or Rip-off?

    Miley Cyrus Faces Lawsuit over “Flowers”: Riff-off or Rip-off?

    Written by Hugh Reynolds. The high-profile copyright suit raises questions about fair use, parody, and the extent to which musicians can build off one another. Miley Cyrus was sued in the United States District Court for the Central District of California for her Grammy award-winning single “Flowers.”  The plaintiff, Tempo Music Investment, is alleging copyright infringement, claiming Cyrus copied the Bruno Mars song “When I Was Your Man.” More than two dozen music publishers and companies were named as defendants, including Apple, Sony Music Entertainment, and Live Nation. The plaintiff acquired a share of the copyright in the Mars track in […]

  • Breaking the Broadcast Huddle: How College Football Conferences’ Bundling of Broadcast Rights Could Harm Student Athletes

    Breaking the Broadcast Huddle: How College Football Conferences’ Bundling of Broadcast Rights Could Harm Student Athletes

    By Edwin A. Farley Download the article here: Breaking the Broadcast Huddle: How College Football Conferences’ Bundling of Broadcast Rights Could Harm Student Athletes. Recent realignment activity between collegiate athletic conferences reveals how the sale of broadcast rights and the treatment of student athletes, including their compensation, are connected. The pursuit of greater revenue from broadcast rights for college football games has been the driving factor behind conference realignment. In practice, realignment has meant consolidation. As schools consolidate into fewer, larger conferences, they will also have more power to suppress student athletes’ compensation—itself an uncertain area developing at breakneck pace. In Nat’l Collegiate Athletic Ass’n v. […]

  • Dartmouth Men’s Basketball Team Makes History as First College Team to Vote to Unionize

    Dartmouth Men’s Basketball Team Makes History as First College Team to Vote to Unionize

    By Nefertari Elshiekh On March 5th, Dartmouth’s men’s basketball team voted 13-2 to become the first college sports team to unionize–a historic step toward recognizing college athletes as employees. However, their legal battle is far from over. National Relations Labor Board (“NLRB”) Regional Director Laura A. Sacks found that Dartmouth athletes are employees under the National Labor Relations Act (“NLRA”) because of the compensation they receive, which comes in the form of preferential admissions to the school, basketball shoes they receive each season (totaling $1,200 in value), and the tickets they are given each game. In exchange, the players play for […]

  • What’s Copyright Got to Do, Got to Do With It?

    What’s Copyright Got to Do, Got to Do With It?

    By Shayna Toh The “cockroach of Broadway” seems to keep cashing checks. Despite the sneering term that veteran theatre critic Jesse Green used to describe jukebox musicals, the genre has dominated Broadway in recent years. In an industry that always seems to battle existential threats and huge financial losses—twelve current Broadway productions are slated to close for good this winter—musicals in the jukebox form seem to be one of theater’s last few buttresses in financial viability. Jukebox musicals—musicals where the score consists of existing well-known pop songs instead of original music—are highly contentious in theater. While they constantly invoke the ire […]

  • Supreme Court Considers Whether President Trump’s Name May Be Trademarked to Ridicule Him

    Supreme Court Considers Whether President Trump’s Name May Be Trademarked to Ridicule Him

    By Alec Winshel  In November 2023, the Supreme Court heard oral arguments in Vidal v. Elster. Their coming opinion will be the high court’s latest pronouncement on the relationship between trademark law and the First Amendment’s free speech protections. In my view, the Supreme Court should use Vidal v. Elster to clarify that trademarks are speech and that they enjoy the full protections of the First Amendment. The story of this case begins in 2016. Candidates for the Republican Party’s presidential nomination traded jabs on the debate stage about the relative sizes of their hands and the resulting implications about their […]

  • Enabling the Non-Elite: Imagining International Football Tournaments for Mid- and Bottom-Table Teams

    Enabling the Non-Elite: Imagining International Football Tournaments for Mid- and Bottom-Table Teams

    By Martin Skladany, Law Professor, Penn State University, Dickinson Law The inequality between the gilded elite football clubs and all other teams is widening. One way to address this concern is to create more European football tournaments for the clubs most people live next to. Specifically, the Union of European Football Associations (“UEFA”) should establish two new tournaments—one for mid-table clubs and a second for clubs near the bottom of leagues across Europe. The top eight European leagues could each have their two teams in the middle of the table compete against each other in a 16-team, single elimination tournament occurring at the end of the season. […]

  • Free Speech is a Funny Thing: Jack Daniel’s Properties v. VIP Products Narrows First Amendment Protections for Trademark Usage

    Free Speech is a Funny Thing: Jack Daniel’s Properties v. VIP Products Narrows First Amendment Protections for Trademark Usage

    Image Courtesy of Foodie Factor/Pixabay By Alec Winshel In Jack Daniel’s Properties, Inc. v. VIP Products LLC, the Supreme Court held that the First Amendment does not protect use of another’s trademark as a signifier of one’s own product. Trademarks are words or symbols that identify a seller’s goods and distinguish them from others in the marketplace. Consider the Nike swoosh or, simply, the name Coca-Cola. Trademarks may be used by non-owners under the protections of the First Amendment by, for example, speaking a company’s name in a film’s dialogue. In these cases, the public’s interest in free speech is high […]

  • Hollywood Unions Take Different Approaches to AI Protections

    Hollywood Unions Take Different Approaches to AI Protections

    Both the DGA and WGA Negotiated AI Guardrails with the AMPTP. Can SAG-AFTRA? By Hugh Reynolds The 148-day writers’ strike ended when the Writers’ Guild of America (WGA) ratified their contract with the Alliance of Motion Picture and Television Producers (AMPTP) on October 9th. This newly secured deal runs from until May 31, 2026, and comes three months after the Directors Guild (DGA) ratified their deal with the AMPTP. SAG-AFTRA and the AMPTP have yet to come to an agreement. In each of these negotiations, language governing AI has been a sticking point. The unions, particularly the WGA and SAG-AFTRA, recognized […]

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