Bush-Whacked: A Legal Analysis of the Unauthorized Use of Sport Organizations’ Intellectual Property in Political Campaign Advertising

2007 ◽  
Vol 21 (1) ◽  
pp. 79-102 ◽  
Author(s):  
Steve McKelvey ◽  
Anita M. Moorman
Keyword(s):  
The United States ◽  
Legal Issues ◽  
Sport Organizations ◽  
Legal Analysis ◽  
Political Campaign ◽  
Political Speech ◽  
Trademark Law ◽  
Sporting Event ◽  
United States Olympic Committee ◽  
Campaign Advertising

Many 2004 presidential-election campaign advertisements were strategically targeted to appeal to viewers of sporting event telecasts. The Bush–Cheney campaign’s unauthorized use of the termOlympicin advertisements that aired throughout the 2004 Summer Olympic Games telecasts raised novel legal issues at the intersection of trademark law and constitutionally protected political speech. This article provides an analysis of the legal issues surrounding the Bush–Cheney campaign’s unauthorized use of the termOlympic. This article first examines the viability of trademark, unfair competition, and misappropriation-based claims potentially available to the United States Olympic Committee and other sport organizations. The article then examines some state-based regulations and case law regarding false and deceptive political campaign advertising that suggests a possible legal challenge to future political advertising campaigns that use sport organization trademarks without authorization. In addition to providing implications for sport managers, this article suggests that Congress may need to revisit latitudes afforded political speech to prevent a dangerous trend of political candidates’ misrepresenting their association with sport organizations.

Campaign Advertising and the Cultivation of Crime Worry: Testing Relationships With Two Large Datasets From the 2016 U.S. Election Cycle

2021 ◽  
pp. 194016122110209
Author(s):  
Jiawei Liu ◽  
Rosemary J. Avery ◽  
Erika F. Fowler ◽  
Laura Baum ◽  
Sarah E. Gollust ◽  
...  
Keyword(s):  
Political Communication ◽  
Public Attitudes ◽  
The United States ◽  
Large Datasets ◽  
Cumulative Exposure ◽  
Political Campaign ◽  
Political Factors ◽  
Campaign Ads ◽  
Voter Choice ◽  
Campaign Advertising

Previous research has documented that political information in the mass media can shape attitudes and behaviors beyond voter choice and election turnout. The current study extends this body of work to examine associations between televised political campaign advertising (one of the most common forms of political communication people encounter) and worry about crime and violence in the context of the 2016 U.S. presidential election. We merge two large datasets—Kantar/CMAG data on televised campaign advertisement airings ( n = 3,767,477) and Simmons National Consumer Survey (NCS) data on television viewing patterns and public attitudes ( n = 26,703 respondents in the United States)—to test associations between estimated exposure to campaign ads about crime and crime worry, controlling for demographics, local crime rates, and political factors. Results from multivariate models show that estimated cumulative exposure to campaign ads about crime is associated with higher levels of crime worry. Exposure to campaign ads about crime increased crime worry among Republicans, but not Democrats.

scholarly journals Setting The Principles of Democracy in The Appointment of A Single Candidate Spouse of Regional Heads

2021 ◽  
Vol 5 (2) ◽  
pp. 228-242
Author(s):  
Rahmat Nur
Keyword(s):  
United States ◽  
The United States ◽  
Legal Issues ◽  
Constitutional Court ◽  
Legal Analysis ◽  
Candidate Pair ◽  
New Period ◽  
The New Period ◽  
Democratic Principles

This research aims to analyzethe regulation of democratic principles in filling the position of regional head in single candidatepai. This study uses normative juridical research by conducting legal analysis  of legislation related to the filling of local government positions and legal issues related to the Decision of the Constitutional Court No. 100/PUU-XIII/2015 on the constitutional requirements of regional head elections (candidates' spouses). The results showed the regulation of democratic principles in filling the position of regional head in the case of a single candidate pair can use two mechanisms,  namely using the electoral mechanism (Basedon  Law No. 10 of 2016 as a follow-up to the Decision of Mk  No. 100/PUU-XIII/2015) or the mechanism of appointment,  as long as the appointment is done by  officials who have been directly elected. Furthermore, the arrangement of the mechanism of appointing a single candidate of regional head in Indonesia can follow what has been implemented in the United States that implements uncontested elections if after the nomination period ends still produces only one candidate, then the candidate's spouse is immediately considered valid as the spouse of the elected candidate and can be legally appointed as the head of the new period. Filling the position of regional head that there is only 1 (one) candidate pair is using the mechanism of appointment, while if there are 2 (two) pairs of candidates or more still use the election mechanism.

scholarly journals Trademark.com: Trademark Law in Cyberspace

1969 ◽  
pp. 991
Author(s):  
Lisa Katz Jones
Keyword(s):  
United States ◽  
The United States ◽  
Legal Issues ◽  
Domain Name ◽  
Trademark Law ◽  
Domain Names ◽  
The United Kingdom ◽  
Detailed Explanation ◽  
Internet Users ◽  
Significant Difference

his article examines the current issues in trademark law surrounding internet domain names. The author introduces the topic with a detailed explanation of the use and purpose of domain names, the significance of the various levels in domain names and how domain names compare and contract mth IP addresses. Of significant difference is the use of words and names in domain names. Organizations often use recognizable and familiar names to improve the chance Internet users will access their websites. Trademark issues are sparked by the battle to obtain and/or retain these highly sought after domain names. The author discusses the areas of conflict when: I) a domain name is registered by an individual who has no connection with the mark, 2) two or more organizations have claims to the same domain name, 3) one domain name is confusingly similar to another, and 4) when second level domain names can be assigned to multiple first level domain names. Two essential legal issues are identified: whether domain names are protectable as trademarks and whether a domain name can violate a trademark. Courts have used the analogy of telephone mnemonics to help answer these issues in favour of recognizing mnemonics as a protectable trademark, although there is split authority on how much protection can be given to domain names that incorporate generic terms. Trends in litigation in the United States, Canada, and the United Kingdom are discussed. Despite the de facto judicial power given to NSIfor dispute resolution, the author identifies fundamental flaws of the NSI policy owing the current controversies over Internet domain names. The article concludes with a discussion of several major proposals to implement changes regarding domain names allocation.

Bases Loaded

2020 ◽  
Author(s):  
Costas Panagopoulos
Keyword(s):  
Presidential Elections ◽  
The United States ◽  
Political Campaigns ◽  
Political Campaign ◽  
Voter Mobilization ◽  
Campaign Strategy ◽  
Partisan Polarization ◽  
The Past ◽  
Swing Voters ◽  
Fundamental Shift

Over the past few decades, a fundamental shift in political campaign strategy has been afoot in U.S. elections: Political campaigns have been gradually shifting their attention away from swing voters toward their respective, partisan bases. Independents and weak partisans have been targeted with less frequency, and the emphasis in contemporary elections has been on strong partisans. This book documents this shift—away from persuasion toward base mobilization—in the context of U.S. presidential elections and explains that this phenomenon is likely linked to several developments, including advances in campaign technology and voter-targeting capabilities as well as insights from behavioral social science focusing on voter mobilization. The analyses show the 2000 presidential election represents a watershed cycle that punctuated this shift. The book also explores the implications of the shift toward base mobilization and links these developments to growing turnout rates for strong partisans and attenuating participation among independents or swing voters over time. The book concludes these patterns have contributed to heightened partisan polarization in the United States.

Public participation in the preparation of plans and programs: some reflections on the scope of obligations under Article 7 of the Aarhus Convention

2009 ◽  
Vol 6 (4) ◽  
pp. 495-515
Author(s):  
Jerzy Jendrośka
Keyword(s):  
Public Participation ◽  
Legal Issues ◽  
Eu Law ◽  
Legal Analysis ◽  
Aarhus Convention ◽  
Legal Nature ◽  
Scope Of Application

AbstractThe article aims to present the main legal issues related to implementation of the provisions of Article 7 of the Aarhus Convention regarding public participation in the preparations of plans and programs. The analysis is presented against the background of an overview of the legal nature and scope of obligations stemming from the second pillar of the Convention. The article attempts to identify the scope of application of Article 7 and the main elements of the framework for public participation included therein. The legal analysis is based, where appropriate, on the respective opinions of the Aarhus Convention Compliance Committee. The implementation of the Aarhus Convention in EU law will be addressed in this respect in a separate article in the forthcoming issue of the journal.

Effect of Marathon Running on Total and Free Serum Prostate-Specific Antigen Concentrations

2003 ◽  
Vol 127 (3) ◽  
pp. 345-348 ◽  
Author(s):  
Alexander Kratz ◽  
Kent B. Lewandrowski ◽  
Arthur J. Siegel ◽  
Patrick M. Sluss ◽  
Kelly Y. Chun ◽  
...  
Keyword(s):  
Prostate Specific Antigen ◽  
Specific Antigen ◽  
Physical Exertion ◽  
The United States ◽  
Marathon Running ◽  
Reliable Determination ◽  
Free Psa ◽  
Sporting Event ◽  
Exercise Induced ◽  
Total Psa

Abstract Context.—Prostate-specific antigen (PSA) is an important tumor marker for the most frequently diagnosed cancer in the United States. A major limitation of this marker is falsely elevated results in patients who are found not to have prostate cancer. The effects of vigorous physical exertion on PSA concentrations are controversial. Objective.—To determine the effects of marathon running on PSA levels. Design.—Measurement of total and free PSA levels in the sera of participants in a marathon before and within 4 and 24 hours after the race. Results.—None of the participants had elevated total PSA levels before the race. Although we found no statistically significant changes in average total or free PSA concentrations at either time point, after the marathon, 2 (11%) of 18 runners had total PSA concentrations outside the standard reference range. Changes in total PSA levels did not correlate with age or prerace PSA concentrations. Free PSA levels were not statistically significantly changed after the race and did not allow a reliable determination of exercise-induced PSA elevations. Conclusions.—Although it may not be necessary for men to abstain from exercise involving running before blood draws for PSA analysis, elevated PSA concentrations may be observed in some individuals after participation in a major sporting event. In these cases, repeat measurements should be considered at a time significantly removed from such exercise.

Sperm and Egg Donor Anonymity

2016 ◽  
Author(s):  
I. Glenn Cohen
Keyword(s):  
United States ◽  
The United States ◽  
Legal Issues ◽  
Gamete Donation ◽  
Sperm Donor ◽  
Egg Donor ◽  
Gamete Donor ◽  
The World ◽  
Ethical And Legal Issues ◽  
Reproductive Tourism

Gamete donor anonymity has become an increasingly active area of legislative, bioethical, and empirical interest over the last decade or so. This chapter begins by detailing the very different status of gamete donor anonymity, contrasting the United States (where the law does not prohibit it) with the rest of the world (where it has been largely prohibited by law) and examining the effects of these policies. The chapter then examines the major arguments that have been offered in favor of and against mandating nonanonymous gamete donation. In particular, it focuses on the effects of removing anonymity on supply and arguments in favor of ending sperm donor anonymity based on the welfare of donor-conceived children or rights claims by them. The chapter also more briefly considers ethical and legal issues related to donor compensation, accidental incest, information reciprocity between donors and recipients, and reproductive tourism.

Where a Subdivision Is Not a “Subdivision”: State Enabling Statutes and the Local Regulation (or Not) of Land Division in the United States

2016 ◽  
Vol 37 (3) ◽  
pp. 286-298 ◽  
Author(s):  
David L. Prytherch
Keyword(s):  
United States ◽  
The United States ◽  
Legal Analysis ◽  
Local Regulation ◽  
American States ◽  
Central Pillar ◽  
Rural Sprawl

Subdivision control has long been a central pillar of planning. Nonetheless, many American states statutorily exempt entire classes of land division from local subdivision control. This legal analysis therefore asks the following: Which land divisions are localities actually enabled by statute to regulate as “subdivisions”? Which are exempted from subdivision control? What are the implications for development and planning, particularly at the exurban fringe? This fifty-state review reveals diverse ways subdivisions are defined and particular divisions—involving no new streets, large parcels, or small numbers of lots—commonly exempted from regulation, and possible consequences for managing rural sprawl.

scholarly journals Comparative-Legal Analysis of Alternative Tax Dispute Resolution: the Practice of the Russian Federation, the United States, the Netherlands and Germany

2017 ◽  
pp. 58-64
Author(s):  
Елена Цветкова ◽  
Elena Tsvetkova
Keyword(s):  
United States ◽  
The Netherlands ◽  
Dispute Resolution ◽  
The United States ◽  
Alternative Methods ◽  
Main Trend ◽  
Legal Analysis ◽  
Tax Rate ◽  
The Us ◽  
The Moment

The main trend of recent years is the complication of tax administration. In order to improve it states develop forms of work with taxpayers, including alternative tax dispute resolution. The author analyses alternative tax dispute resolution that have already developed in Russia and compares them with similar procedures in the United States, the Netherlands and Germany. To the alternative methods that are applied in Russia the author refers tax monitoring and agreement on the settlement of a tax dispute. Tax monitoring is not seen as a form of tax control, but as a mean of resolving and preventing the occurrence of a tax dispute. The conclusion of an agreement between a tax authority and a taxpayer on the settlement of a dispute in court is possible by reaching a compromise on the qualification of relations, on actual circumstances, on the interpretation of the tax rate. The article contains examples of programs that exist in the US and Germany in the sphere of tax dispute resolution. Also issues related to the implementation of the mediation procedure existing in the United States, the Netherlands and Germany and the possibility of their application in Russia are considered. The author emphasizes the impossibility of applying the procedure of mediation in tax disputes in Russia at the moment due to the lack of legislative regulation.

scholarly journals Riding Circuit: Bringing the Law to Those Who Need It

2017 ◽  
Author(s):  
Susan Drisko Zago
Keyword(s):  
United States ◽  
Social Workers ◽  
Early Treatment ◽  
The United States ◽  
Working Poor ◽  
Legal Issues ◽  
Access To Justice ◽  
Court System ◽  
The Everyday ◽  
Societal Problems

This article surveys the Access to Justice movement in the United States and proposes including more types of professionals to develop longer term solutions that will alleviate barriers to the court system. This article discusses the need to expand the access to justice concept to reach beyond the courthouse to address civil legal issues before they blossom into litigation. Mobile outreach providing preventive lawyering and early treatment of societal problems can prevent delays and the bottleneck that many courts are seeing with the vast numbers of Self-Represented Litigants. A team of professionals including lawyers, social workers, nurses, counselors, translators and law librarians, working with a network of public librarians, can make a significant impact into the everyday lives of the working poor and folk of modest means in underserved areas.

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