The sixth edition of Entertainment, Media, & the Law updates this comprehensive entertainment law casebook. New and cutting-edge issues and cases are addressed, including: Elonis v. United States, 135 S.Ct. 2001 (2015)(entertaining violence) Bell v. Itawamba County Sch. Bd., 799 F.3d 379 (5th Cir. 2015)(en banc)(entertaining violence) Commonwealth v. Knox, 190 A.3d 1146 (Pa. 2018)(1st Amendment) Dickinson v. Cosby, 225 Cal.Rptr.3d 430 (Cal. Ct. App. 2017)(defamation) Roe v. Amazon.com, 714 Fed.Appx. 565 (6th Cir. 2017)(false light portrayal) Alexander v. Metro-Goldwyn-Mayer Studios, et al., 2017 WL 5633407 (C.D. Cal. 2017)(misappropriation) Belgium v. Mateo Productions, et al., 138 A.D.3d 479 (N.Y. Ct. App. 2016)(contracts) FaZe Clan, Inc. v. Tenney, 2020 WL 3318209 (S.D.N.Y. 2020)(contracts) Scholz v. Goudreau, 132 F.Supp.3d 239 (D. Mass. 2015)(contracts) Rebecca Broadway Ltd. Partnership v. Hotton, 143 A.D.3d 71 (N.Y. Ct. App. 2016)(contracts) Lewis v. YouTube, LLC, 244 Cal.App.4th 118 (Cal. Ct. App. 2016)(contracts) United States v. AT & T, Inc., 310 F. Supp.3d 161 (D.C. D.Ct. 2018)(antitrust) Coauthors Paul Weiler (Harvard), Gary Myers (University of Missouri), and Will Berry (University of Mississippi) are again responsible for writing and editing this new edition. The book continues the tradition of adding carefully edited recent case excerpts with many new questions related to the challenges that traditional entertainment law doctrines face with changes in technology and audience viewing habits.

THE WORLD OF SPORTS seems entwined with lawsuits. This is so, Paul Weiler explains, because of two characteristics intrinsic to all competitive sports. First, sporting contests lose their drama if the competition becomes too lopsided. Second, the winning athletes and teams usually take the "lion's share" of both fan attention and spending. So interest in second-rate teams and in second-rate leagues rapidly wanes, leaving one dominant league with monopoly power.

The ideal of evenly balanced sporting contests is continually challenged by economic, social, and technological forces. Consequently, Weiler argues, the law is essential to level the playing field for players, owners, and ultimately fans and taxpayers. For example, he shows why players' use of performance-enhancing drugs, even legal ones, should be treated as a more serious offense than, say, use of cocaine. He also explains why proposals to break up dominant leagues and create new ones will not work, and thus why both union representation of players and legal protection for fans -- and taxpayers -- are necessary.

Using well-known incidents -- and supplying little-known facts -- Weiler analyzes a wide array of moral and economic issues that arise in all competitive sports. He tells us, for example, how Commissioner Bud Selig should respond to Pete Rose's quest for admission to the Hall of Fame; what kind of settlement will allow baseball players and owners to avoid a replay of their past labor battles; and how our political leaders should address the recent wave of taxpayer-built stadiums.

Medical malpractice has been at the center of recurring tort crises for the last quarter-century. In 1960, expenditures on medical liability insurance in the United States amounted to about $60 million. In 1988, the figure topped $7 billion. Physicians have responded not simply with expensive methods of "defensive medicine" but also with successful pressure upon state legislatures to cut back on the tort rights of seriously injured patients. Various reforms have been proposed to deal with the successive crises, but so far none have proved to be effective and fair.

In this landmark book, Paul Weiler argues for a two-part approach to the medical malpractice crisis. First, he proposes a thorough revision of the current tort liability regime, which would concentrate available resources on meeting actual financial losses of seriously injured victims. It would also shift the focus of tort liability from the individual doctor to the hospital or other health care organization. This would elicit more effective quality assurance programs from the institutions that are in the best position to reduce our current unacceptable rate of physician-induced injuries.

But in states such as New York, Florida, and Illinois, where the current situation seems to have gone beyond the help of even drastic tort reform, the preferred solution is a no-fault system. Weiler shows how such a system would provide more equitable compensation, more effective prevention, and more economical administration than any practical alternative.

The seventh edition of this leading casebook explores legal issues in both professional and amateur sports, organized to provide instructors with flexibility to cover selected doctrinal areas or industry sectors. Extended treatment is given to the key subjects of labor, antitrust, intellectual property, and the law of private associations. The casebook also covers the important topic of integrity in sports, the unique office of the league commissioner and its special concerns with the "best interests of sports"; the contract, antitrust, and labor law dimensions of the player-labor market; the role of the player agent in a unionized industry; the economic and legal implications of agreements among league owners and responses to rival leagues; the system of college athletics as governed by the NCAA and subject to Title IX; equity in sports, and the operation of international Olympic sports. Key features include: A new chapter on Sports Integrity, focusing on sports gambling, cheating, and performance enhancing drugs A new chapter on Equity in Sports, exploring the intersection of sports with race, gender, and disability Updated materials on sports league commissioner disciplinary authority and judicial review of sports league arbitration awards Updated materials on the business of sports, with exercises on the business dynamics of sports labor markets and on league decision-making about commercial practices Updated materials on the intersection of intellectual property and sports, including copyright, athlete publicity rights, and trademark. Reorganized and expanded chapters on intercollegiate athletics. These chapters include the recent Supreme Court decision (NCAA v. Alston) and other changes affecting college athletics, including antitrust and employment law challenges to amateurism, the new NCAA constitution, and state name, image, and likeness laws Updated chapter on international and Olympic sports, with materials on Olympic corruption and the Russian doping scandal Expanded materials on health and safety in sports, including claims related to concussions and prescription drug abuse, and to spectator safety from projectiles, pandemics, and fan violence.

A Measure of Malpractice tells the story and presents the results of the Harvard Medical Practice Study, the largest and most comprehensive investigation ever undertaken of the performance of the medical malpractice system. The Harvard study was commissioned by the government of New York in 1986, in the midst of a malpractice crisis that had driven insurance premiums for surgeons and obstetricians in New York City to nearly $200,000 a year. The Harvard-based team of doctors, lawyers, economists, and statisticians set out to investigate what was actually happening to patients in hospitals and to doctors in courtrooms, launching a far more informed debate about the future of medical liability in the 1990s. Careful analysis of the medical records of 30,000 patients hospitalized in 1984 showed that approximately one in twenty-five patients suffered a disabling medical injury, one quarter of these as a result of the negligence of a doctor or other provider. After assembling all the malpractice claims filed in New York State since 1975, the authors found that just one in eight patients who had been victims of negligence actually filed a malpractice claim, and more than two-thirds of these claims were filed by the wrong patients. The study team then interviewed injured patients in the sample to discover the actual financial loss they had experienced: the key finding was that for roughly the same dollar amount now being spent on a tort system that compensates only a handful of victims, it would be possible to fund comprehensive disability insurance for all patients significantly disabled by a medical accident. The authors, who came to the project from very different perspectives about the present malpractice system, are now in agreement about the value of a new model of medical liability. Rather than merely tinker with the current system which fixes primary legal responsibility on individual doctors who can be proved medically negligent, legislatures should encourage health care organizations to take responsibility for the financial losses of all patients injured in their care.