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Can the Right of Publicity Be Used to Satisfy a Civil Judgment? Hastings H
Journal of Intellectual Property Law Volume 15 | Issue 1 Article 4 October 2007 Squeezing "The uiceJ ": Can the Right of Publicity Be Used to Satisfy A Civil Judgment? Hastings H. Beard University of Georgia School of Law Follow this and additional works at: https://digitalcommons.law.uga.edu/jipl Part of the Entertainment, Arts, and Sports Law Commons, and the Intellectual Property Law Commons Recommended Citation Hastings H. Beard, Squeezing "The Juice": Can the Right of Publicity Be Used to Satisfy A Civil Judgment?, 15 J. Intell. Prop. L. 143 (2007). Available at: https://digitalcommons.law.uga.edu/jipl/vol15/iss1/4 This Notes is brought to you for free and open access by Digital Commons @ Georgia Law. It has been accepted for inclusion in Journal of Intellectual Property Law by an authorized editor of Digital Commons @ Georgia Law. Please share how you have benefited from this access For more information, please contact [email protected]. Beard: Squeezing "The Juice": Can the Right of Publicity Be Used to Sati NOTES SQUEEZING "THEJUICE": CAN THE RIGHT OF PUBLICITY BE USED TO SATISFY A CIVIL JUDGMENT? TABLE OF CONTENTS I. INTRODUCTION ........................................... 144 II. BACKGROUND ............................................ 147 A. THE ORIGIN OF THE RIGHT OF PUBLICITY .................... 148 B. THE RIGHT OF PUBLICITY AS A PROPERTY RIGHT ............... 151 1. Significance of the ProperyLabel in Legal Contexts .............. 151 2. Assignabiliy of the Right of Publiciy ........................ 154 C. TREATMENT OF OTHER FORMS OF INTELLECTUAL PROPERTY: COMPETING INTERESTS .................................. 157 D. PRINCIPLES OF TORT LAW ................................. 159 1. Function of the Law of Torts ............................... 159 2. Poliy Considerations .................................... 160 III. D ISCUSSION .............................................. -
FRONTLINE TEACHER's GUIDE: the O.J. Verdict "Murder Trial Or Race
FRONTLINE TEACHER'S GUIDE: The O.J. Verdict "Murder Trial or Race on Trial?" ABOUT THE FILM: In The O.J. Verdict, FRONTLINE examines what began as a double homicide in 1994 near Santa Monica, Calif., and quickly became a media mega-story. In the 372 days that the O.J. Simpson murder trial lasted, television recorded, discussed and analyzed the proceedings. Public opinion polls showed that America quickly polarized along racial lines. "Most white Americans believed Simpson was obviously guilty before the trial ever started, [and] most white Americans feared that the defense would do something unethical and use racism to get a predominantly African American jury to acquit an obviously guilty defendant," says UCLA law professor and former ABC News consultant, Peter Arenella. Marc Watts, who was a correspondent with CNN at the time and one of the few African Americans covering the trial, says, "[In] the trial, everything is about race. Black people deal with race everyday. Whites who said it's not a trial about race speak that way because they haven't been on the receiving end of injustices at the hands of a white person." The FRONTLINE documentary, The O.J. Verdict, examines both the trial and the explosive reaction that erupted afterward along racial lines: black men and women celebrating victory in the streets, while outraged white Americans decried a miscarriage of justice. Ten years afterward, as the documentary shows, the verdict still evokes heated and disparate opinions. For classes in Social Studies, American Government, Current Events, Language Arts, Media Studies. Grade level 9th – 12th. -
Books Received Santa Clara Law Review
Santa Clara Law Review Volume 37 | Number 4 Article 8 1-1-1997 Books Received Santa Clara Law Review Follow this and additional works at: http://digitalcommons.law.scu.edu/lawreview Part of the Law Commons Recommended Citation Santa Clara Law Review, Other, Books Received, 37 Santa Clara L. Rev. 1151 (1997). Available at: http://digitalcommons.law.scu.edu/lawreview/vol37/iss4/8 This Other is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara Law Review by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact [email protected]. BOOKS RECEIVED Lessons from the Trial. By Gerald F. Uelmen. Kansas City, Kansas: Andrews and McMeel, a Universal Press Syndi- cate Company. 1996. Pp. 223. Hardcover. After all the criticisms and discord surrounding the case of the People v. O.J. Simpson, Lessons from the Trial is the book that needed to be written. It takes all the provocative aspects of the trial and gives a perspective on them not given by the daily, play-by-play news reports. People angry or con- fused by the behavior of the lawyers, the focus on Mark Fuhr- man, the media coverage or the verdict will want to read this book. Most important, the author cool-headedly analyzes the many reform proposals inspired by the trial. It can only be hoped that everyone will consider these proposals with the same integrity and clarity of thought before making any dras- tic changes.1 The truly surprising thing about this "O.J. -
10 Things the Ethical Lawyer Can Learn from the OJ Trial Richard Jolley and Brian Augenthaler
4/12/2017 10 Things the Ethical Lawyer Can Learn From the OJ Trial Richard Jolley and Brian Augenthaler OJ murdered Nicole Brown and Ron Goldman • Murders: June 12, 1994 • Brentwood, L.A. • Arrested: June 17, 1994 • Arraignment: June 20, 1994 • Verdict: October 3, 1995 1 4/12/2017 5 “killer” pieces of physical evidence • Ron Goldman and Nicole Simpson’s blood in OJ’s Bronco • OJ’s blood at the Bundy crime scene • Bloody glove at Bundy and the bloody glove at OJ’s house • Bloody footprints at scene matching bloody footprint in OJ’s Bronco • Trace evidence – hair and fiber evidence linking OJ to crime scene and Goldman Goldman’s blood in the Bronco • The Bronco was locked and was not accessed until the tow yard • LAPD detectives asked Kato if he had spare keys the morning after the murders • Mark Furhman was never in the Bronco (mistake spare tire testimony) 2 4/12/2017 OJ’s blood at Bundy • OJ’s blood drops next to bloody Bruno Magli size-12 shoe print (1 in 170 million) • OJ’s blood on back gate (1 in 58 billion!) • Phil Vanatter planted it on the gate? Bloody gloves • Aris XL cashmere-lined gloves (less than 200 pair sold exclusively by Bloomingdales) (unavailable west of Chicago) • Receipt for identical gloves purchased by Nicole Brown Simpson in December 1990 (and photos of OJ wearing those gloves) • Left glove found at Bundy crime scene and right glove found by Mark Fuhrman • Blood and hair of victims and Simpson found on gloves • How did Mark Fuhrman get lucky and plant a glove that OJ wore? How did Fuhrman get OJ’s blood unless -
Why the Inimitable Sarah Paulson Is the Future Of
he won an Emmy, SAG Award and Golden Globe for her bravura performance as Marcia Clark in last year’s FX miniseries, The People v. O.J. Simpson: American Crime Story, but it took Sarah Paulson almost another year to confirm what the TV industry really thinks about her acting chops. Earlier this year, her longtime collaborator and O.J. executive producer Ryan Murphy offered the actress the lead in Ratched, an origin story he is executive producing that focuses on Nurse Ratched, the Siconic, sadistic nurse from the 1975 film One Flew Over the Cuckoo’s Nest. Murphy shopped the project around to networks, offering a package for the first time that included his frequent muse Paulson attached as star and producer. “That was very exciting and also very scary, because I thought, oh God, what if they take this out, and people are like, ‘No thanks, we’re good. We don’t need a Sarah Paulson show,’” says Paulson. “Thankfully, it all worked out very well.” In the wake of last year’s most acclaimed TV performance, everyone—TV networks and movie studios alike—wants to be in business with Paulson. Ratched sparked a high-stakes bidding war, with Netflix ultimately fending off suitors like Hulu and Apple (which is developing an original TV series strategy) for the project last month, giving the drama a hefty Why the inimitable two-season commitment. And that is only one of three high- profile TV series that Paulson will film over the next year. In Sarah Paulson is the 2018, she’ll begin production on Katrina, the third installment in Murphy’s American Crime Story anthology series for FX, and continue on the other Murphy FX anthology hit that future of TV. -
Court Case of Oj Simpson Opening Statements
Court Case Of Oj Simpson Opening Statements enough,whileUnawed farther isSi Lukeusually Raynard perithecial? appertain saltate somethat space-time. oculomotor When or carburized Amery mistypes levelly. Hilbert his Lusitania still dialogize relearns flagrantly not saltato But he suggests that Cochran through flamboyant statements and acts was. WHEN WE inherit TODAY YOU thing GOING could SEE ten WAS talk TIME TO COMMIT an CRIME. Know where simpson case was even have discussed in opening statements in america on human error, oj simpson to talk about certain scenario that is to. Plaintiff should be introduced by defining the harm that defendant caused them. Simpson getting a statement is given in cases demonstrate that? We expect that simpson stand to open access to what follows. In Conversation: Cuba Gooding Jr. HE LEARNED THAT FROM HIS MOTHER AND HE LIKES THAT. TO THE LEFT OF THE BLOODY SHOEPRINTS. They are opening. The simpson of my objection is still had time period of north american women, miss caplan is not in this testimony about? Nicole Brown, were planted by the police. Know what concerns me say treatment andthat african americanman in that we have jurors are names for gossip and nicole because they made. Easy unsubscribe links are provided in every email. This period of four minutes to open mind, that your honor to be briefly show you not just before instructing his paid her? They felt it had ten to mainland with other murder case. Here the fact that the punitive damages award technically exceeds net worth is not controlling, because in light of the exempt nature of a significant part of his wealth, Simpson will not be destroyed by the award. -
Facts Are Stubborn Things": Protecting Due Process from Virulent Publicity
Touro Law Review Volume 33 Number 2 Article 8 2017 "Facts Are Stubborn Things": Protecting Due Process from Virulent Publicity Benjamin Brafman Darren Stakey Follow this and additional works at: https://digitalcommons.tourolaw.edu/lawreview Part of the Civil Procedure Commons, Civil Rights and Discrimination Commons, and the First Amendment Commons Recommended Citation Brafman, Benjamin and Stakey, Darren (2017) ""Facts Are Stubborn Things": Protecting Due Process from Virulent Publicity," Touro Law Review: Vol. 33 : No. 2 , Article 8. Available at: https://digitalcommons.tourolaw.edu/lawreview/vol33/iss2/8 This Article is brought to you for free and open access by Digital Commons @ Touro Law Center. It has been accepted for inclusion in Touro Law Review by an authorized editor of Digital Commons @ Touro Law Center. For more information, please contact [email protected]. Brafman and Stakey: Facts Are Stubborn Things “FACTS ARE STUBBORN THINGS”: PROTECTING DUE PROCESS FROM VIRULENT PUBLICITY by Benjamin Brafman, Esq.* and Darren Stakey, Esq.** *Benjamin Brafman is the principal of a seven-lawyer firm Brafman & Associates, P.C. located in Manhattan. Mr. Brafman’s firm specializes in criminal law with an emphasis on White Collar criminal defense. Mr. Brafman received his law degree from Ohio Northern University, in 1974, graduating with Distinction and serving as Manuscript Editor of The Law Review. He went on to earn a Masters of Law Degree (LL.M.) in Criminal Justice from New York University Law School. In May of 2014, Mr. Brafman was awarded an Honorary Doctorate from Ohio Northern University Law School. Mr. Brafman, a former Assistant District Attorney in the Rackets Bureau of the New York County District Attorney’s Office, has been in private practice since 1980. -
OJ Simpson Murder Trial DVD Cataloging Still in Progress
OJ SIMPSON MURDER TRIAL O.J. Simpson "Bronco Chase" audio CD (full transcript can be seen here) OJ Simpson Murder Trial DVD Collection (each disc is roughly 4 hours) Two hundred 4 hr. DVD's, professionally edited (100% commercial free) - contains virtually every minute of testimony. Recorded from local L.A. television stations, live as the events unfolded. Coverage begins with reports of the murders, till weeks after the verdict - and beyond. "O.J. Simpson - The Whole Story (and then some)" legend: "break" = fade to black, edited commercial break "H/C" = Hard Copy "ET" = Entertainment Tonight * To purchase, or inquire about OJ SImpson Murder Trial DVD duplications, click here * * To download a .pdf file of this OJ SImpson Murder Trial DVD listing, click here (322 KB) * OJ TRIAL #001 DVD (3:53:00) * News reports of the deaths of Nicole Brown Simpson and Ronald Goldman (ABC News, FX) * OJ waiting in truck outside of his house (@ 0:01:10) * Taped earlier: end of freeway chase, to Parker Center, news reports (@ 0:50:00) * Gil Garcetti, Commander Gascon: recap of charges (@ 1:36:48) * OJ's mug shot released on 11 o'clock news (@ 2:23:00), recap of days events * Johnnie Cochran, Al Michaels on "NightLine" (@ 2:51:00) * KNBC Morning News recap of events (@ 2:58:00) * Criminal Courts Bldg. Pre-Trial Preliminary Hearing, KNBC - Judge Kathleen Kennedy-Powell (@ 3:02:00) * Michele Kestler - LAPD Crime Lab (@ 3:18:00), cross-examination (@ 3:49:00), recess (@ 3:52:00) * KNBC news-break. OJ TRIAL #002 DVD (3:58:45) * Live evidence search KNBC news * Michele Kestler cross-examination cont. -
The Florida/Hollywood Mob Connection, the CIA and O.J
The Florida/Hollywood Mob Connection, the CIA and O.J. Simpson by Alex Constantine 1995 The Constantine Report CONTENTS I: Pizza Drippings on the Courtroom Floor 1: Joey Ip's Murder, Inc. II: Meyer Lansky s Migratory Birds of Prey 1: F. Lee Bailey, "Bad Eye" Gerstein and BCCI 2: Joey Ip's Nubian Wiseguys and Denise Simpson, the Grieving Gunsel 3: The Rumor and the Phoenix III: The Catspaw Precursor - A Mirror Image of the Simpson Case IV: A Killer s Brain Frequencies and a Few Words about CIA/Mafia Clean-Up Operations 1: "Sufficient Truth" - Blowback at the LAPD: 2: "Evidence of Conspiracy" 3: The "Experts" SOURCES I: Pizza Drippings on the Courtroom Floor The shadow of Joey Ippolito falls across the courtroom, seeps into every crack in the Simpson case. Yet his name is seldom mentioned. His father, Joseph Ippolito, Sr., was in the pay of the syndicates Meyer Lansky, and a "soldier" of Sam "the Plumber" DeCalvacante, who brought Joey into the league. "Little Man" Lansky, of course, was no homunculus. He led the mob into an alliance with the intel- ligence sector of government in WW II, and loomed above much of the Combination until his death in 1983. Today, Lansky's foot sol- diers march in step with Langley. CIA denials have been scuffed by too many tongues over the years to be taken seriously (Campbell, Hoch, Pizzo, et al.). Joey Ip's Murder, Inc. — Joey Ippolito is second gener- ation mafia, one of several powerful successors of Meyer Lansky. He was born to a brood of nine children. -
OJ Episode 1, FINAL, 6-3-15.Fdx Script
EPISODE 1: “FROM THE ASHES OF TRAGEDY” Written by Scott Alexander and Larry Karaszewski Based on “THE RUN OF HIS LIFE” By Jeffrey Toobin Directed by Ryan Murphy Fox 21 FX Productions Color Force FINAL 6-3-15 Ryan Murphy Television ALL RIGHTS RESERVED. COPYRIGHT © 2015 TWENTIETH CENTURY FOX FILM CORPORATION. NO PORTION OF THIS SCRIPT MAY BE PERFORMED, PUBLISHED, REPRODUCED, SOLD, OR DISTRIBUTED BY ANY MEANS OR QUOTED OR PUBLISHED IN ANY MEDIUM, INCLUDING ANY WEB SITE, WITHOUT PRIOR WRITTEN CONSENT OF TWENTIETH CENTURY FOX FILM CORPORATION. DISPOSAL OF THIS SCRIPT COPY DOES NOT ALTER ANY OF THE RESTRICTIONS SET FORTH ABOVE. 1 ARCHIVE FOOTAGE - THE RODNEY KING BEATING. Grainy, late-night 1 video. An AFRICAN-AMERICAN MAN lies on the ground. A handful of white LAPD COPS stand around, watching, while two of them ruthlessly BEAT and ATTACK him. ARCHIVE FOOTAGE - THE L.A. RIOTS. The volatile eruption of a city. Furious AFRICAN-AMERICANS tear Los Angeles apart. Trash cans get hurled through windows. Buildings burn. Cars get overturned. People run through the streets. Faces are angry, frustrated, screaming. The NOISE and FURY and IMAGES build, until -- SILENCE. Then, a single CARD: "TWO YEARS LATER" CUT TO: 2 EXT. ROCKINGHAM HOUSE - LATE NIGHT 2 ANGLE on a BRONZE STATUE of OJ SIMPSON, heroic in football regalia. Larger than life, inspiring. It watches over OJ'S estate, an impressive Tudor mansion on a huge corner lot. It's June 12, 1994. Out front, a young LIMO DRIVER waits. He nervously checks his watch. Then, OJ SIMPSON comes rushing from the house. -
Racializing Asian Americans in a Society Obsessed with OJ
Hastings Women’s Law Journal Volume 6 Article 4 Number 2 Seeing the Elephant 6-1-1995 Beyond Black and White: Racializing Asian Americans in a Society Obsessed with O.J. Cynthia Kwei Yung Lee Follow this and additional works at: https://repository.uchastings.edu/hwlj Recommended Citation Cynthia Kwei Yung Lee, Beyond Black and White: Racializing Asian Americans in a Society Obsessed with O.J., 6 Hastings Women's L.J. 165 (1995). Available at: https://repository.uchastings.edu/hwlj/vol6/iss2/4 This Essay is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Women’s Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Beyond Black and White: Racializing Asian Americans in a Society Obsessed with 0.1. Cynthia Kwei Yung Lee* I. Introduction The 0.1. Simpson double murder trial has been called the "Trial of the 2 Century" I and has captured the attention of millions. The trial has raised interesting questions about the convergence of issues regarding race, class, and gender. 3 Rather than extensively discussing these global issues, * The author is an Associate Professor of Law at the University of San Diego School of Law. She received an A.B. from Stanford University and a J.D. from the University of California at Berkeley, Boalt Hall School of Law. First and foremost, she wishes to thank her good friend Robert Chang who, through his own scholarship, encouraged her to write this essay. -
Public Has Very Different Opinions of Different Players in O.J
The @arris Poll THE HARRIS POLL 1995 #22 For Release: March 30, 1995 PUBLIC HAS VERY DIFFERENT OPINIONS OF DIFFERENT PLAYERS IN O.J. TRIAL MARCIA CLARK SEEN AS DOING BEST JOB OF LAWYERS AND F. LEE BAILEY THE WORST MOST PEOPLE BELIEVE DENISE BROWN AND DISBELIEVE ROSA LOPEZ Whites and A frican-Americans come to very different judgements about credibility of witnesses. By Humphrey Taylor The public generally gives Judge Lance Ito and Prosecutor Marcia Clark positive marks for their work in the O.J. Simpson trial. Majorities also give defense counsel Johnnie Cochran and Robert Shapiro positive marks -- but not as positive as Marcia Clark's. F. Lee Bailey, on the other hand, is rated 47% positive and 48% negative. These are some of the results of a nationwide Harris Poll of 1,005 adults surveyed between March 23 and 26. This Harris Poll also finds that majorities of the public tend to believe witnesses Denise Brown, Nicole Simpson's sister, and police officer Mark Fuhrman, and not to believe housekeeper Rosa Lopez. A modest plurality, but not a majority, tend to believe O.J. Simpson's house guest Kato Kaelin. Louis Harris & Associates 111 Fifth Avenue NYC (2121 639-9697 Views about the performances of lawyers and (even more strongly) the credibility of witnesses vary sharply between black and white Americans. African- d Americans are more likely to rate defense counsel highly and are far less likely to believe Denise Brown or Mark Fuhrman. Indeed, a massive 82%-10% majority of blacks do not believe Fuhrman -- which suggests that F.