What’s in a Name? Fred Goldman’s Quest to Acquire O.J. Simpson’s Right of Publicity and the Suit’s Implications for Celebrities

The public outcry witnessed in the fall of 2006 over a planned book and television deal featuring Orenthal James (“O.J.”) Simpson thrust the decade-old controversy back into the media spotlight. The book and interview, both titled, Ifl Did It, detailed how Simpson hypothetically would have killed his ex-wife Nicole Brown Simpson and her friend Ron Goldman. After a week of protests from the victims’ families, advertisers, booksellers, and television station affiliates, News Corporation chairman and CEO Rupert Murdoch announced the cancellation of the book and television interview. However, the story served to revive Americans’ fascination with Simpson, as well as to reignite the outrage that has followed him since his criminal trial.

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The Perfect Storm, an Imperfect Response, and a Sovereign Shield: Can Hurricane Katrina Victims Bring Negligence Claims Against the Government?

On August 25, 2005, students at Tulane University left their new college campus amidst the freshman orientation program at the request of the university’s administration. In the automated fashion that children evacuate a schoolhouse during a fire drill, students either returned to their hometowns to spend some unexpected time with friends and family, or traveled to other regional college campuses in hopes of finding a back-to-school celebration. They were told that a storm was coming, but not to be alarmed – it was a routine occurrence for students to be temporarily evacuated from Tulane’s campus in the wake of an approaching hurricane. As experience had suggested, the students were told that the evacuation was merely one of a precautionary nature, and that just as all of the hurricanes in the past decade had done, this one would either completely miss New Orleans or become mere wind and rainfall by the time it hit. As Tulane students typically equate these “precautionary evacuations” to a second spring break, the student body understandingly welcomed the evacuation as an opportunity to squeeze in one last party weekend before classes began. While the weekend was sure to have been filled with much fun and drink, Monday proved to be quite the sobering experience.

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“When Johnny Comes Marching Home Again” Will He Be Welcome at Work?

The 2001 commencement of the “War on Terror placed an unprecedented demand on the National Guard and Reserves. While Desert Storm involved the deployment of 222,614 ready reservists, over 590,000 Guard members and Reservists have been mobilized since September 11, 2001, with nearly fifty percent of the active military comprised of members of the National Guard and Reserve. This nation’s reliance upon the National Guard and Reserve for essential military readiness is reaching unprecedented levels. From its original conception as an organized group of local militias, the National Guard has evolved into an integral player in military personnel strategy. The significant increase in deployment, both in numbers and in length, has taken a toll on both the reservist and the employer. The War on Terror has required many of those deployed to leave family, friends, and employment for over a year.

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Say on Pay and the SEC Disclosure Rules: Expressive Law and CEO Compensation

The debate over the lack of correlation between CEO compensation and performance has caused a divide amongst corporate law scholars. Proponents of intervention have predictably welcomed the legislative activity and have called for more. This article argues that the legislative and regulatory interventions by the state are in furtherance of the expressive functions of the law, and that even in the absence of sanctions such expressive laws can have an affect on behavior. It argues that while legislative and regulatory actions can express certain norms, they are ultimately unlikely to be of much help in behavior modification unless accompanied by norm internalization. Decentralized deployment of non-legal sanctions can offer a pathway to norm internalization in the CEO compensation area. Under this thesis, legislation only aids the deployment of social sanctions by virtue of its expressive function. This paper will briefly describe the expressive function of the law, and provides an overview of legislative attempts at serving this expressive function. It posits that expressive law cannot succeed in the absence of norm internalization by CEOs and directors. This process of internalization requires large shareholders to incur the costs of socializing the relevant actors by leveraging the structural attributes of the corporate law system.

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The Devil Wears Prado: A Look at the Design Piracy Prohibition Act and the Extension of Copyright Protection to the World of Fashion

Many consider the popular HBO television show “Sex and the City” to be “the biggest pop culture influence on fashion in the past decade” and attribute it with “really giving TV audiences a fashion education. However, with this “education” has come an obsession. A $350 billion a year obsession. Although America has always been conscious of the world of apparel, now “[m]ovies, television shows, the Internet and the media are demystifying fashion, [and] bringing it to the masses.” Even those who make every effort to avoid making a statement with their fashion are affected by the ever-changing trends and statements of the fashion world. An industry that was once “only for the rich” now allows any innocent bystander to play the fashion game.

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Campaign Finance and Randall v. Sorrell: How Much is Too Much and Who Decides? The Court’s Splintering Devotion to Its Own Problematic Framework

Amidst fears that a candidate for public office could be bought for the price of an average-quality digital television, Vermont’s legislature enacted Act 64. However, the price tag was set below an acceptable retail value. In fact, the Act anticipated that candidates would sell for record-low, red-tag amounts. The Supreme Court rejected the State’s contention that higher campaign contribution levels would result in an electoral clearance sale, and reasserted that campaign finance limitations have a constitutional “lower bound.” In doing so, it declined to answer the calls of critics-from inside the judiciary and out-to refashion the structure of its campaign finance jurisprudence.

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