Arizona State Law Journal Blog

EA Sports, It’s (back?) in the Game

By Tyson Woodford. Background For me, O’Bannon v. NCAA (previously mentioned on this blog here and here) was a landmark case that impacted my daily life. Sure, it dealt with the NCAA profiting from the image and likeness of its uncompensated student athletes, but to me (not a college athlete) it just meant the death of my favorite video game. After the court’s decision, EA Sports discontinued their successful line of College Football and College Basketball games, thereby ending an era of building fictional dynasties and competing for virtual Heisman trophies. While the game has been kept on life support

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Why the Fourth Amendment Should Apply to Visual Body-Cavity Searches

By Jay Dosad. Background In 2011, two hundred female inmates in an Illinois prison were marched to a beauty salon and a bathroom off of a gym. In full view of male and female cadets, correctional officers, and civilians, as guards screamed insults and derogatory statements, they were ordered to strip naked and bend over, spread their buttocks and vaginas, and cough. This is known as a “visual body-cavity search,” since the guards did not touch the prisoners. According to prison officials, the search was a cadet training exercise. After a prisoner claimed Fourth Amendment and Eighth Amendment violations, the

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Is Your LinkedIn Profile Safe? After a Brief ‘hiQ’-up, Data Analytics Company hiQ Can Continue Scraping LinkedIn Accounts for Personal Data Under the CFAA

By Caitlin White. On September 9, 2019, the Ninth Circuit affirmed the Northern District Court of California’s decision to grant a preliminary injunction forbidding LinkedIn from denying plaintiff hiQ access to publicly available LinkedIn member profiles. As a result of HiQ Labs, Inc. v. LinkedIn Corp., hiQ may continue scraping data from public LinkedIn profiles to provide data analytics to its clients under the Computer Fraud and Abuse Act (CFAA). LinkedIn has over 660 million members on its professional networking website. LinkedIn members own the content they post to LinkedIn but grant LinkedIn a non-exclusive license to “use, copy, modify,

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Bad Blood: Taylor Swift’s Ongoing Battle with Big Machine Records Raises Questions About Re-Recording Clauses

By Delilah Cassidy. Taylor Swift is one of the best-selling singer-songwriters of all time. At fifteen, she signed her first record deal with Big Machine Label Group (“Big Machine”) and created six albums with the label. Upon expiration, Swift signed with Universal Music Group (“UMG”). Under the UMG agreement, she owns all original sound recordings of new songs (original sound recordings are “masters”). However, about eight months after her switch, talent manager Scooter Braun purchased Big Machine, including the masters to Swift’s first six albums. Swift publicized her frustration with the deal because she was not offered the chance to

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The Dignity Crutch: Understanding Sovereign Immunity After Franchise Tax Board of California v. Hyatt

By KC Hooker. In May 2019, the Supreme Court decided Franchise Tax Board of California v. Hyatt, which overturned Nevada v. Hall and held that citizens cannot sue a state in another state’s courts. The decision was not surprising given the Court’s expansion of sovereign immunity—or the idea that governments are immune from suits by private parties—since the mid 1990s. As the Court expanded sovereign immunity during that decade, it departed from the literal text of the Eleventh Amendment, which limits federal court jurisdiction to entertain suits against states, and began to rely on a principle called the “dignity rationale.”

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Arizona’s Compulsory Arbitration Program: Is It Time for a Reform?

By Christian Fernandez. What is Arizona’s compulsory arbitration program? Arbitration is a form of alternative dispute resolution where an independent third party hears the case and determines the result. Arizona courts have adopted a compulsory arbitration program for all civil lawsuits that meet the requirements listed in Rules 72–77 of the Arizona Rules of Civil Procedure. All civil disputes valued under a specific amount are resolved through this arbitration program instead of litigating in court. This program applies to plaintiffs that are only seeking money damages. In addition, this program does not apply to criminal lawsuits. How does the compulsory

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The opinions expressed herein are those of the individual contributors to the ASLJ Blog and should not be construed as the opinions of the
Arizona State Law Journal or the Sandra Day O’Connor College of Law at Arizona State University.