I. Introduction In 1850, seven enslaved men and women–Alfred, Fassena, Jack, Jem, Drana, Renty, and Delia–were stripped of their clothes and photographed at the request of Harvard professor Louis Agassiz. More than a century later, Tamara Lanier, a fifth-generation descendant of Renty and his daughter, Delia, filed a suit against Harvard, claiming ownership and seeking restitution … Continued

Under New York’s Mandatory CLE Rule, MCLE credits may be earned for legal research-based writing, directed to an attorney audience. This might take the form of an article for a periodical, or work on a book. The applicable portion of the MCLE Rule, at Part 1500.22(h), states: Credit may be earned for legal research-based writing … Continued

Happy Spring! It was wonderful to see so many people at the Annual Meeting and, whether in person or virtually, in many of our EASL committee meetings and Zooms. For those of you who were unable to attend, or who were and want to revisit, this issue contains the Annual Meeting transcript. It also has … Continued

January 19, 2023 Entertainment, Arts and Sports Law Section Chair Ethan Bordman, Esq. Ethan Y. Bordman, PLLC Ridgewood, N.J. Program Chairs Jill Pilgrim, Pilgrim & Associates Arbitration, Law & Mediation LLC, New York, N.Y. Pam Lester, Lester Sports and Entertainment, Inc., Skillman, N.J. Barry Skidelsky, New York, N.Y. Speakers Ethan Bordman, Esq. | Section Chair; Attorney & Counselor Ethan Y. Bordman, … Continued

At the time of EASL’s 2023 Annual Meeting on January 19, the United States Supreme Court was poised to soon thereafter decide Petitions for Certiorari filed in both the Paxton and Moody cases, which were among the cases discussed during our section’s CLE program. However, rather than decide to grant or deny those cert petitions, on January 23, the Court instead … Continued

Since 1966, Article 12 of New York Arts and Cultural Affairs Law (NYACAL or the statute) has, in theory, protected the rights of artists, their estates, and their heirs in their dealings with art merchants. The law changed over the decades and most recently was strengthened in 2012 after a major art gallery, Salander O’Reilly … Continued

Museums in the Age of Identity Politics—Cancel Culture and Censorship In 1999, the Brooklyn Museum opened its doors for the Sensation: Young British Artists from the Saatchi Collection exhibition under the direction of Arnold Lehman. The exhibition had been previously shown in London at the Royal Academy of Arts and in Berlin at the Hamburger Bahnhof, yet it … Continued

Krell’s Korner is a column about the people, events, and deals that shape the entertainment, arts, and sports industries. New York City is often referred to as a mecca of basketball, and rightfully so. This is where the famed Rucker Tournament takes place; where Kareem Abdul-Jabbar went to high school when he was Lew Alcindor; … Continued

We’re (sometimes) back in person! I look forward to seeing many of you at the Annual Meeting (I’ll be the one in the mask . . . ). Please feel free to come and speak with me about any article or theme ideas that you may have for the Journal or blog. If you won’t be there in person, please also … Continued

Introduction The First Amendment of the U.S. Constitution protects artistic expression and allows artists and entertainers to exercise their rights of free speech in their work. Nevertheless, the right to creative expression has routinely come under scrutiny and has caused controversy in various forms of media under the guise of being either offensive or obscene. … Continued