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Full-Text Articles in Law
Competitive Entertainment: Implications Of The Nfl Lockout Litigation For Sports, Theatre, Music, And Video Entertainment, Henry H. Perritt Jr.
Competitive Entertainment: Implications Of The Nfl Lockout Litigation For Sports, Theatre, Music, And Video Entertainment, Henry H. Perritt Jr.
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The 2011 NFL lockout reveals profound changes in the labor and product markets for the entire entertainment industry, driven by a revolution in technology. This article explores the revolution in the professional sports, theatre, and movie-making industries and concludes that it is fragmenting production, blurring the boundaries between labor markets and product markets, and introducing new forms of competition. As a result, the labor exemptions to the antitrust laws, which featured prominently in the NFL controversy are becoming less relevant, shifting the law's policing of competition to antitrust rule-of-reason analysis, where counterpoises such as labor unions are inactive, and making …
Hell Hath No Fury Like A Fan Scorned: State Regulation Of Sports Agents, Phillip J. Closius
Hell Hath No Fury Like A Fan Scorned: State Regulation Of Sports Agents, Phillip J. Closius
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This article first describes the existing system of state statutes regulating sports agents, including the proposed Model Uniform Athlete Agents Act. The article then examines the validity of these statutes in the context of jurisdictional limitations and dormant Commerce Clause principles. Lastly, federal regulation and the rules of professional sports unions are considered as alternatives to state legislative activity.
Professional Sports And Antitrust Law: The Groundrules Of Immunity, Exemption And Liability, Phillip J. Closius
Professional Sports And Antitrust Law: The Groundrules Of Immunity, Exemption And Liability, Phillip J. Closius
All Faculty Scholarship
As professional sports leagues increased their wealth and national prominence, the federal judicial system became uncomfortable with its characterization of sports as something other than a business. The Supreme Court reflected this change in policy in the 1950s by refusing to extend baseball's antitrust exemption to other sports. The application of the Sherman Act to all nonbaseball sports established the foundation for the forceful imposition of antitrust constraints on team owners in the sports litigation of the 1970s. These "revolutionary" decisions substantially eliminated the status of sports as a game or amusement insulated from the legal obligations of profit-making industries. …
Not At The Behest Of Nonlabor Groups: A Revised Prognosis For A Maturing Sports Industry, Phillip J. Closius
Not At The Behest Of Nonlabor Groups: A Revised Prognosis For A Maturing Sports Industry, Phillip J. Closius
All Faculty Scholarship
For most of its history, professional athletics was governed by the unilateral decisions of team owners acting in a league format. In the last twelve years, however, a variety of sporting groups, through access to the judicial system and a changed perception of the legal status of sports, have forced the owners to share the power and wealth derived from the games. Players, unions, agents and rival leagues all now participate, in some form, in the decisions which will shape the future of sports. In the course of this growth, the sports industry has matured into a national business possessed …