How the Sausage Gets Made: The 2011 NFL Collective Bargaining Agreement

This past year was a dramatic one for the NFL, and not solely because of the spectacular on-field play. On August 11, 2017, Dallas Cowboy’s running back Ezekiel Elliott, the NFL’s leading rusher in 2016, was suspended for the first six games of the 2017 season for violating the personal conduct policy. Five days later, Ezekiel Elliot, through the NFL Players Association (NFLPA), appealed the suspension. The NFLPA’s lawsuit did not try to.. Read More

Music Modernization Act: A Bill to Help Songwriters Pay Their Bills?

In the past twenty years, the state of the music industry has changed dramatically. Between 1998 and 2014, the industry was in crisis. Total revenue from U.S. music sales and licensing dropped from $15 billion to $7 billion. CD sales were on the decline, pirating was on the rise, and even when consumers purchased their music legally, they tended towards buying .99 cent singles rather than full albums. Since 2014, streaming has taken.. Read More

Spotify’s IPO!

Spotify (SPOT), the music streaming service, is expected to begin trading on April 3. This IPO is one to watch by all fans of music, technology, and finance.   What is Spotify?   Spotify is a music, podcast and video streaming service from Stockholm, Sweden. It came to the United States in 2010 and has been booming ever since.  Spotify has about 159 million monthly active users and 71 million subscribers for its.. Read More

Self-Driving Cars: Negligence, Product Liability, and Warranties

Nearly 1.3 million people die in car accidents each year, amounting to an average of roughly 3,287 deaths a day. Hopefully, with the advent of self-driving cars, that number will begin to drop precipitously. Unlike human beings, the technology behind these autonomous vehicles yields the safest results in every thought out scenario, by using complex algorithms. People can drive drunk, get distracted by text messages, or lack the reflexes to brake in time;.. Read More

Has AI Killed the Copyright Star?

For over 300 years, copyright law has been central to innovation and design, protecting artists, innovators, and creators. Rapid technological development over the past few decades has necessitated new interpretations and applications of the law in order to maintain this function. Although complex in application, the copyright framework has managed to integrate these new technologies. Fast-developing Artificial Intelligence (AI), however, poses a challenge to the protective dimension of copyright law.   The digitally-driven.. Read More

Inclusion Riders: What Are They? And Can They Fix Hollywood’s Diversity Problem?

With the rise of the #MeToo movement and the Time’s Up initiative, Hollywood is beginning to truly reflect on the problems within the entertainment community.  Diversity, or the lack thereof, has been a long running issue in Hollywood and is finding itself in the spotlight once more. In her acceptance speech for the Best Actress Award at the Oscars, Frances McDormand puzzled the audience when she left them with the words “inclusion rider”,.. Read More

Sandoz Inc. v. Amgen Inc. and Its Implications

Background of the Case:   Sandoz Inc v. Amgen Inc., 137 S. Ct. 1664 (2017) is a case that involved statutory construction of the Biologics Price Competition and Innovation Act of 2009 (“BPCIA” or “Biosimilars Act”), which is codified in 42 U.S.C. § 262. The BPCIA is quite similar to the Drug Price Competition and Patent Term Restoration Act of 1984, also known as the Hatch-Waxman Amendments which created procedures to facilitate more.. Read More

Review: New York Right of Publicity Law: Reimagining Privacy and the First Amendment in the Digital Age

New York has largely been operating under the same right of privacy statute since 1903. Over a century later, the New York State legislature has decided that it is time to make a big change.   A new bill, Assembly Bill A08155, is currently being drafted and considered by the New York legislature. The bill was the center of conversation at an event hosted by the Cardozo Arts and Entertainment Law Journal on.. Read More

The Bayh-Dole Act Has Been Successful in Stimulating a Market for Federally Funded Inventions, Now It’s Time to Bring Those Inventions to the Public

The federal government has proved to be ineffective at bringing publically funded discoveries to the public The Bayh-Dole Act of the 1980’s was intended to maximize the public’s return on federally funded research by getting inventions into the hands of companies to bring them to the market (for a general introduction). The goal was to maximize the public’s return on our investments by placing IP rights in the hands of Research institutions, who.. Read More

Sports Gambling: The Anti-Commandeering Argument Against PASPA

Background Information   In 1992, Congress passed PASPA amid concerns that the legalization of sports gambling at the State level would spread. This legislation prohibited most States from licensing sports gambling. Professional and Amateur Sports Protection Act, 28 U.S.C. §§ 3704 (1993). In 2012, the New Jersey State legislature enacted New Jersey’s Sports Wagering Law, permitting State authorities to license “sports gambling in casinos and racetracks and casinos to operate ‘sports pools.’” NCAA.. Read More