In this article, Abriana Malfatti explores the current law on postmortem rights to publicity and argues how State law can protect one’s image from being commodified in death.
In this article, Katerina Fernandez examines the ongoing circuit split over the de minimis exception in music sampling, analyzing the contrasting rulings of the Sixth Circuit (which rejects the de minimis defense for sound recordings) and the Ninth Circuit (which recognizes it). The article explores this divide’s legal and artistic implications and questions whether a Supreme Court ruling, legislative intervention, or industry-driven solutions could provide much-needed clarity.
In this article, Katerina Fernandez examines how TikTok v. Garland establishes a legal framework that could be applied to Tencent, the Chinese tech giant behind several major gaming platforms. The article explores the national security concerns driving U.S. regulatory scrutiny of foreign-owned digital platforms and the potential constitutional and economic challenges of imposing similar restrictions on Tencent.
Associate Member Micah Kindred discusses Ticketmaster’s newest anti-trust accusations in the wake of the Taylor Swift Eras Tour pre-sale.
In this article, Associate Member Adam Drapcho discusses Ye's string of offensive statements and the likely use of morals clauses by brands cutting ties with the rapper and designer.
"Roulette table gambling"by Best Free Bets is licensed under CC BY 2.0 Theron Anderson, Associate Member, University of Cincinnati Law Review This is the second article in a two-part analysis on sports betting. Click here to read an in-depth discussion of Murphy v. NCAA. Introduction After being granted the discretion to authorize sports betting within its... Continue Reading →
Author: Chris Gant, Contributing Member, University of Cincinnati Law Review It is not uncommon for laws to require an occupational license in order to work in a respective field. For example, jobs in medicine or law require passing examinations and certifications. Occupational licenses, however, become more controversial when they interfere with what may be a... Continue Reading →
Author: Stephanie Scott, Associate Member, University of Cincinnati Law Review Although it is illegal for an employer to discriminate against an employee based on the individual’s sex, Title VII of the Civil Rights Act of 1964 allows employers an exception when employment discrimination is based on a "bona fide occupational qualification” (BFOQ). Courts have upheld... Continue Reading →
Author: Gabriel Fletcher, Associate Member, University of Cincinnati Law Review Draftkings and FanDuel are online daily fantasy sports businesses (DFS).[1] In November of 2015, New York Attorney General (AG), Eric Schneiderman, declared that DFS is gambling, and thus unlawful.[2] The AG’s determination has reignited the discussion over DFS being a game of chance as opposed... Continue Reading →
