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Volume 8 Number 1 - Spring 2007
Violence and Video Games 2006: Legislation and Litigation
Clay Calvert & Robert D. Richards
This article analyzes and reviews judicial opinions and
legislative initiatives from the year 2006 affecting
violent video games. It was a busy year that saw federal
courts strike down three different state laws affecting
minors’ access to games featuring violent content, with
those opinions adding to the already high wall of
judicial precedent stacked against such measures. The
article also addresses a federal bill called the CAMRA Act
that would authorize research on the alleged affects of
playing video games with violent images and/or storylines.
Finally, the article examines the high monetary cost of the
failed laws targeting violent video games, and it concludes
by calling on lawmakers to finally take seriously the
repeated rulings of the judiciary against such measures.
Anti-Doping Inconsistencies Snare American Star
Peter Charlish & Rob Heywood
The purpose of this paper is to examine the inconsistencies
associated with doping control and to explain the inequity
which results from such inconsistent application particularly
where the violation is caused by a recreational substance.
This is achieved through an analysis of the WADA code anti-doping
rules and the interrelationship with the principle of strict
liability and an examination of the recent case IRB v Keyter.
It is suggested that the application of these rules is forcing an
impossible burden of behaviour upon sports participants and that
ultimately this may result in a further challenge to the legal
status of such rules under EU competition law.
From Clarett to Mayo: The Antitrust Labor Exemption Argument Continues
Christian Dennie
This article discusses the nonstatutory labor exemption as applied
in antitrust jurisprudence. The author explores the standards set
in Mackey v. National Football League and Clarett v. National
Football League and combines the legal standards articulated in these
two cases to form a modified Mackey test to be applied in highly
specialized professional sports cases. The author then applies the
modified Mackey test to an antitrust challenge to the NBA eligibility
rule brought by high school basketball star O.J. Mayo. The author
concludes the modified Mackey test would find that the nonstatutory
labor exemption would apply and Mayo’s antitrust challenge would be defeated.
Music Publishers Slay Musicianship
Aaron Cook
This paper examines the availability of the fair use defense for web
sites hosting guitar tablature. This issue was first reported in an
article contained in an August edition of the New York Times. The author
of the paper, when examining the availability of the fair use defense,
found web sites hosting guitar tablature could be broken down into two
large groups. The first group allowed for any internet user to post guitar
tablature and contained mechanisms for other users to comment on the posted
tablature. The second group just contained links to tablature files, with
no clear indication why these tablatures were linked to nor allowed an open
discussion about them. Each group is analyzed separately with contrasting
fair use results. The first group allowed the tablatures 1) to take on an
educational use of developing musicianship, 2) to serve a different function
then tablature books released by music publishers, and 3) would have little
market effect on the music publishers’ song books. The second group, lacking
user discussions and the ability for anyone to post a tablature file, 1) had
very little educational benefit, 2) served the same function as tablature books
released by music publishers, 3) provided something for free to the public that
they would otherwise have to pay for, and 4) would usurp music publishers’ song
book sales. From the above points, the author determined that the first group
of guitar tablature hosting web sites qualified for a successful assertion of
the fair defense and the second group did not.
Putting Lamborghini Doors on the Escalade: A Legal Analysis of
the Unauthorized Use of Brand Names in Rap/Hip-Hop
Brian Goldman
New Age Technology and its Intrusive Effect upon Student Athletes
Matt Maher
This paper addresses two important concerns for the NCAA and its member institutions.
The first issue involves text messaging between coaches and recruits and how it is
being abused. This topic is broken down into the creation and initial development of
text messaging in relation to recruiting, including both the negative consequences and
positive attributes of text messaging these recruits, and, recommendations that the
NCAA should utilize in the upcoming year’s meetings. Both recent NCAA proposals dealing
with how to regulate text messaging recruits are dissected, and I offer my own proposal
as to what I feel is the best option. By adopting this proposal, text messaging will
maintain its status as a “general correspondence” transaction, yet be limited in a way
that is beneficial to coaches and recruits.
The second issue deals with the use of Internet community sites such
as Facebook and MySpace by student athletes and the dangers that accompany their misuse.
The creation and initial development of these community sites is discussed, along with
ascertaining who should regulate the student athletes’ usage of these sites. Other aspects
elaborated upon in this section include whether First Amendment rights of the student
athletes are in jeopardy with regulating their use, who is responsible for what student
athletes are portraying through these sites, and the concern for their overall safety.
Finally, recommendations are given for the NCAA and its member institutions to utilize.
Protecting student athletes is an integral part of the NCAA’s mission, and Facebook and MySpace
are the latest technological devices that could exploit them.
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