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Don\u27t Blame Me, Ticketmaster Made Me Crazy: A Discussion of the Ticketmaster Eras Tour Fiasco
Full text linkThe Taylor Swift and the Ticketmaster fiasco raised massive arbitration issues and garnered vast public attention from concertgoers, fans, and other artists who may experience similar ticketing-sales disasters in the future. Ticketmaster’s current arbitration agreement with New Era ADR was the focal point of the “Eras” Tour legal dispute. This Comment delves into the components of the fiasco, breaking down the dispute between “Swifties” and the mega-company, discussing the involved parties and their pertinent interests, the existing rights each party can utilize to achieve those interests, power differences at play, and relevant barriers to a potential solution. In addition, this dispute involves more parties than just Taylor Swift and Ticketmaster—such as venues and staffers, Swift’s fans, other artists, and even members of Congress. Each party promoted their underlying needs, spanning from familial fan interests to commercial profit interests. Many fans fought against Ticketmaster’s current arbitration agreement, arguing it violated the unconscionability doctrine based on financial bias in favor of the powerhouse company. A California court ultimately found the fans’ claims did not establish unconscionability. Still, the Court did recognize Ticketmaster’s ADR requirement created obstacles for consumers that exacerbated the overall imbalance in fairness. This recognition should encourage all arbitration providers to reevaluate their arbitration procedures to enhance their credibility and trustworthiness, providing the parties with an opportunity to present their cases in a fair and adequate manner
What Copyright Can\u27t Do
Full text linkCopyright has become a powerful regulatory regime for modern American life. Copyrighted works, including text, images, video, sounds, music, and software, coupled with routine, frictionless copying, form a large part of the information, cultural and social context, and infrastructure of our increasingly digital society. Copyright law’s powerful remedies are now positioned to intervene in a wide range of everyday activities. As a result, scholars, policymakers, and advocates have increasingly called for modifying and applying U.S. copyright law to solve a wide range of public policy problems, from vindicating disability rights to protecting privacy to promoting competition among wireless carriers. But there are some things that copyright can’t do. This Article identifies practical limits in the structure of contemporary copyright law and doctrine that constrain copyright’s capabilities for solving policy problems beyond copyright’s usual ambit. From these limits, this Article generates a novel taxonomy of regulatory tools missing from copyright law’s toolkit for addressing the harms and benefits of creative works and uses. These interventions—including regulating harmful creation and compelling beneficial creation, subsidizing creation and supporting creator welfare, preventing harmful uses of works by rightsholders and licensees, compelling licensed uses, and facilitating and liberating beneficial uses—are functions that depend on interventions from outside copyright law. This Article illustrates the important policy consequences of copyright’s missing capabilities via case studies where scholars, policymakers, and advocates have deployed copyright doctrines in nontraditional contexts. These examples include remediating works into accessible formats for disabled consumers, stopping the creation of child sexual abuse material, regulating the nonconsensual distribution of intimate imagery, governing the development of generative artificial intelligence, allowing consumers to switch cell phone networks, and promoting good-faith security research. These examples show that copyright law’s underappreciated structural limits often impede efforts to solve public policy problems with novel copyright interventions
The Right of Publicity and Copyright Preemption: How to Separate Image and Likeness from a Fixed Medium of Expression
Full text linkThis paper seeks to discuss how the state right of publicity and federal Copyright Act often, yet inconsistently, conflict with each other. Section II will analyze the right of publicity, its theories, and its weaknesses, while Section III will dive into the Copyright Act and the Copyright Act’s section on preemption. Sections IV, V, and VI will analyze the circuit split in regard to this issue as well as the commercial use debate. Section VII will discuss the implications and emerging challenges, and section VIII will conclude and consider proposed reforms
Cybersquatting: Does Re-Registering Trademarks Fall Under the Anti-Cybersquatting Consumer Protection Act?
Full text linkThis paper will explain the arguments whether the Anti-Cybersquatting Consumer Protection Act (ACPA) prevents cybersquatting from re-registering a domain name, or if the ACPA only prevents cybersquatters from being the first to register a domain name, and concludes that due to the clear intent of the Act and the definition of register, the Act should be interpreted to cover all registrations. Part II provides relevant background including the pre-ACPA laws. Part III provides a detailed explanation of the ACPA, including Congress’s intent, the Court’s breakdown, and the existing law. Part IV provides the relevant case history prior to the circuit split. Part V provides an explanation and breakdown of the federal court circuit split over whether registration applies to initial registration and re-registration, or initial registration alone. Part VI covers the Ninth Circuit Court’s argument as to why the ACPA only covers the initial registration. Part VII covers the Third Circuit Court and Eleventh Circuit Court’s argument as to why the ACPA covers the initial registration as well as all subsequent registrations. Part VIII provides a summary of The Prudential Insurance Company of America v. Shenzhen Stone Network Information LTD (“Prudential v. Shenzhen Stone.”) Part IX provides an explanation of the decision in Prudential v. Shenzhen Stone, as well as a look into how the decision may impact the act of cybersquatting, and how businesses will be affected as a result
A phenomenological investigation of school spending and academic proficiency in a U.S. charter high school
Full text linkThis study investigated the much-debated issues of school spending effectiveness, or lack thereof, set in a representational charter high school on the West Coast of the United States. The study employs a phenomenological approach, with a qualitative data analysis to examine the processes and outcomes of school spending policies and programs.
The research initially embarks on an exploration of the historical context surrounding the controversies born from a congressional policy initiative that ignited the firestorm, to understand the unfolding of this national debate. Examining diverse school leaders’ first-hand observers’ take, race-sensitive Academic Gap inklings, socioeconomic-based disparities, and comprehensive review processes, the study analyses the manifestations reported and data collected in order to elucidate the phenomenon.
Qualitative analysis of data collected from open-ended interviews provides insights into the innerworkings of school spending and the impact on the achievement of institutions and individuals alike. By examining the choice and manner of spending decisions, academic proficiency, and correlation between school spending and outcomes in student success, the study assesses the effects of ever-increasing cash injections in U.S. education.
Findings indicate that while school spending is structurally necessary for adequate functioning, the unabated surge in school spending over several decades has not produced a commensurate improvement in academics. In fact, it has bolstered the argument frequently heard that increased spending has no incidence on academic improvement. Challenges persist in implementation and policy choices, including disparities in resource allocation—in this instance, chiefly manifested by a heavy slant towards athletics and technology overspending, contrasted with lesser emphasis towards the proverbial Achievement Gap.
The study concludes with actionable recommendations drawn in part from the participants’ input and geared towards strengthening initiatives for a better balance of spending allocation. It also calls for policymakers, administrators, and stakeholders to bolster support for adequate spending initiatives, better accountability by those hired into in executive positions, and addressing systemic barriers to effective educational spending.
With a focused analysis of policies and procedures on school spending, this study highlights the need to create a more equitable administration of available funds, including an intentional emphasis on academics and bridging the Achievement Gap
Understanding the role of athlete leaders in peacebuilding: an exploration of characteristics and contributions
Full text linkThis study explored the global role of athlete leaders in peacebuilding, transcending geographical and sport-specific boundaries. The research aimed to uncover the characteristics that contribute to the effectiveness of athlete leaders in fostering peace. These characteristics might be displayed as internal traits and/or external behaviors. The literature explored how sports significantly impact society by shaping nations, cultures, and communities and highlights the role of athletes in promoting healthy competition and unity. It also examined how athletes contribute to peacebuilding, reviewing their roles in activism and diplomacy and identifying gaps in current research. This study utilized a semi-structured questionnaire to identify potential traits that athlete leaders may possess that accelerate peacebuilding efforts across different cultural and sporting contexts through upcoming Zoom interviews with seven professional or former global athletes. Drawing on leadership theories, thematic, and ENA analysis, the results revealed that athletes, under their leadership, use qualities such as communication, ethical influence, and resilience to promote peacebuilding initiatives. The analysis identified the main themes of peace advocacy and transformational and transformative leadership. Implications for organizations, institutions, policymakers, media, athletes, and further initiatives were discussed
How Cultural Intelligence Shapes Communication and Decision-Making in Multicultural Teams
Full text linkThis study explores how cultural intelligence influences patterns of communication and decision-making in multicultural teams, with particular attention to behaviors such as turn-taking, conflict resolution, and feedback. Drawing on a thematic analysis of 45 peer-reviewed articles spanning foundational theories, empirical studies, and methodological approaches, this paper identifies six key themes: the evolution of the CQ construct; CQ as an adaptive communication mechanism; its role in conflict resolution; its influence on collaborative decision-making; the emergence of collective cultural intelligence; and methodological approaches for understanding CQ in context. Findings suggest that high-CQ individuals and teams demonstrate more equitable voice distribution, engage in culturally attuned feedback, and make decisions more inclusively and effectively (Chen & Lin, 2013; Guzman & Reiche, 2024; Mahadevan & Steinmann, 2023; Shan et al., 2021; Wang et al., 2019). The analysis highlights CQ’s role as a dynamic, learnable capability that enhances intercultural competence and team performance in globalized organizations (Ang & Van Dyne, 2008; Liao & Thomas, 2025; Iskhakova & Ott, 2020)
Envisioning Profit-Seeking as a Practice: On the Possibility of Managing the For-Profit Corporation with Virtue
No full textManagers of for-profit corporations are required to seek profits, which entails organizing the corporation’s activities for the sake of realizing a profit. This prioritization of profit-seeking seems to invert the proper ordering of ends, thus undermining the possibility of managing the for-profit corporation with virtue. This article argues that such a threat can be avoided without jettisoning the traditional virtue ethics framework by envisioning profit-seeking as a practice that aims at engaging in a collective deliberation with market participants to promote an improvement in the way we allocate resources in society