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November 11, 2024 Introduction

It's Shotime!

Judge Margaret Kuroda Masunaga (Ret.) and Judge Stephanie Domitrovich

On September 19, 2024, Major League Baseball (MLB) star Shohei Ohtani (nicknamed Shotime) made history and hit his 50th home run and stole his 50th base of the season as a Los Angeles Dodger. The beloved Japanese-born Shohei Ohtani has become an international superstar, signing a record $700 million contract with the Dodgers in December 2023.

This issue of The Judges’ Journal focuses on sports and entertainment law, and authors range from former National Football League (NFL) players to law students. We felt it was important to devote an entire issue to sports and entertainment law because they are more than just fascinating areas to those who work in the field. These popular subjects generate challenging, interesting issues valuable even to those who do not work in sports and entertainment law.

Two articles in this issue deal with the legal complexities of sports betting. Incoming ABA Business Law Section Chair Heidi McNeil Staudenmaier and Megan Carrasco wrote “Wagers and Warnings: The State of Sports Betting Advertisements.” Raquel Rodriguez gives readers a great overview of fantasy sports betting in “Taking a Gamble on Fantasy Sports, or Is It?”

With the rise of artificial intelligence (AI), there is a need to ensure artists’ work is protected and that they receive proper credit for their creations. Beverly Hills attorney Douglas Johnson discusses the AI tools used to create fake songs and imitate artists like Drake and Abel Tesfaye. Daniel Gourash’s article “Does Inclusion of Athlete Tattoos in Video Games Constitute Copyright Infringement?” considers potential copyright infringement of tattoo artists’ work when their designs appear on athletes in video games.

Likewise, we are privileged to include an outstanding article by authors in the field of copyright law. Brad Newberg, David Carson, and Monica McCabe provide their knowledge and experience with a new voluntary government tribunal—the Copyright Claims Board (CCB)—as an alternative to litigating in federal court. The CCB is resolving smaller copyright claims in a more timely and cost-effective manner to benefit all stakeholders in the court process.

Adam Sloustcher and Andreas Moghimi-Danesh wrote “Navigating the Field of Workplace Investigations and Privileged Communications in the Sports and Entertainment Industries,” which proves that judges and attorneys have their work cut out for them, as there is no consensus in the court cases.

“Enduring 50 Years of Baseball Arbitration: Why It Matters and What We Can Learn,” by David Draper and Bobby Bramhall, examines salary arbitration in the MLB.

Guest technology columnist John Greacen contributes his article “Court Planning During a Technology Explosion,” which underscores the need for judges to stay current on the ever-changing world of technology.

Two highlights in this issue are Judge Frank Bailey’s fascinating interview of Justice Alan Page, former NFL player for the Minnesota Vikings and Chicago Bears turned Minnesota Supreme Court justice, and Judge Dwayne Woodruff’s personal journey playing college football and professional football and as an attorney and judge.

We are also very proud to add to our list of contributing authors two law students—Enmanuel Fernandez and David Draper—who participated in the Judicial Clerkship Program at the 2024 ABA Midyear Meeting. Fernandez wrote his article on the performance-enhancing drugs case of Hunt v. Zuffa.

Law clerks in the Judicial Clerkship Program are encouraged by participating judges to write articles. We on The Judges’ Journal Editorial Board are delighted to have provided these two law students with the forum to do so.

We hope this issue of The Judges’ Journal illuminates up-and-coming issues in the entertainment and sports law area.

Judge Margaret Kuroda Masunaga (Ret.)

Retired State Court Judge

Judge Margaret Kuroda Masunaga (Ret.) is a retired Hawaii state court judge. In 2024, she was honored by the McGeorge School of Law, University of the Pacific, as a distinguished alumnus as part of its centennial celebration.

Judge Stephanie Domitrovich, PhD

Senior Judge

Judge Stephanie Domitrovich, PhD, is a senior judge for Pennsylvania after being an elected general jurisdiction trial judge for over 32 years.

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