No Means No: Possible Reforms to Remedy the Way Universities Handle Sexual Assault Allegations in College Athletics
Aislinn Toohey
Georgetown University Law Center
Excerpt
This note explores how universities mishandle sexual assault allegations against student- athletes, the reasons why universities have failed to adequately address this issue, what steps can be taken to remedy this problem, and the likelihood that much-needed reforms will occur. While sexual assault is generally a problem across all college sports at every level, this note focuses on “Big Time” Division I athletic programs with a particular emphasis on men’s basketball and football—the two major revenue-generating sports in NCAA athletics.
How to Save the Future Picasso?: A Comparative Study of the French and American Legal Frameworks of Transformative Works
Nina Saas
Chicago-Kent College of Law
Excerpt
A 2009 survey found that 90% of the online videos posted on the French video sharing website Dailymotion were transformative works. “Transformative works” is a term that came into the French legal vocabulary through the interpretation of the fair use doctrine…
“Transformative works” in France refers to works produced through new techniques such as mashups, cut-ups, samplings of original work, and, in the spectrum of visual art, appropriation art. In appropriation art, changes to the original work are minimal, as can be seen in Cariou v. Prince, where the artist Richard Prince used photography from Patrick Cariou that he assembled and covered with brush paints.
This recent case brought to light the framework for transformative works in France, in comparison to the United States. The American system relies on an economic approach that allows infringement to be justified by the fair use system if there is a justifiable societal interest. Fair use is still criticized by scholars as being “so ambulatory that no one can give a general answer,” but the American system remains less limited for appropriation art than the French system. Indeed, the latter approaches works of art as the emanation of the author’s personality and therefore delineates a limited set of exceptions for unauthorized use, interpreted strictly by the judge. A comparison of both systems reveals how the standards of French law currently do not welcome transformative creations and even less so, appropriation art…
This article will propose the implementation of an added exception to infringement, the scope of which would encompass visual arts such as appropriation art. This exception consists of reducing the moral right to avoid an abuse of the right to protect the integrity of one’s work. It will still be based on a transformative test, but the test will be tailored to be better integrated into the French system. Remuneration will also be considered for the original author.
The Trade-Off Between Citizens United and Section 317 of the Communications Act: Strengthening the Sponsor Identity Requirements in Political Advertisements
Charlene Collazo
American University Washington College of Law
Excerpt
Even with its simplicity, the First Amendment has been dissected into a complex theory, especially in the area of campaign finance law. The evolution of political speech, which was first introduced in the Buckley v. Valeo decision, is one such example. After Buckley, many other important campaign finance cases came down the pipeline, such as Citizens United v. Fed. Elections Comm’n. The Citizens United decision reinforced the concept of political speech and barred Congress from imposing restrictions on donations made by for-profit corporations. Citizens United created a domino effect of less regulations in the campaign finance sphere, and independent political advertisements became the norm…
This note focuses on broadcasters and the duty they have to disclose more information related to the political advertisements that they air. First, broadcasters are not entitled to the spectrum they currently use. They are held to a public interest standard under § 303 of the Communications Act, through which the Federal Communication Commission (FCC) can award licenses, as “public convenience, interest or necessity” requires. Proper disclosure of political advertisements definitely falls into this category. Second, the First Amendment dichotomy of Citizens United did not foreclose the need for disclosure of political advertisements. Instead, it provided that proper disclosures “insure that the voters are fully informed about the person or group who is speaking.” Lastly, the current statutory constructions of §§ 317 and 73.1212(a) are clear—proper disclosure requires identification of the donor’s “true identity” and a broadcaster’s “reasonable diligence.”
NCAA Head Games: A Pragmatic Solution to Ensure Student-Athletes Do Not Have to Choose Between Protecting Their Scholarships or Protecting Their Health
Brian M. Dixon
SUNY Buffalo Law School
Abstract
College athletes are paying for their education with their health. The NCAA offers these athletes a devil’s bargain: choosing between losing their scholarships or losing their health. The NCAA has repeatedly ignored its duty to athletes, despite its own “rules” to the contrary. As a result, student athletes fear the repercussions of reporting a concussion and elect to hide these injuries. This article proffers a pragmatic and legally enforceable solution to protect student-athletes. Implementing a “scholarship plus” system will incentivize coaches to view students as a long-term investments—not one-year rentals. In enforcing compliance by its members, the NCAA can fulfill its constitution and stated goals.