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- Marquette Sports Law Review (32)
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Articles 1 - 30 of 55
Full-Text Articles in Law
Breaking Cultural And Financial Barriers In Olympic Sports, Maureen A. Weston, Professor Of Law
Breaking Cultural And Financial Barriers In Olympic Sports, Maureen A. Weston, Professor Of Law
Vanderbilt Journal of Entertainment & Technology Law
Nelson Mandela has said that “[s]port has the power to change the world. It has the power to inspire. It has the power to unite people in a way that little else does . . . . It is more powerful than governments in breaking down barriers.” Sports can have tremendous value, not only to the individual participants in promoting physical and mental health, skills, and teamwork, but also to society in fostering community, civic pride, and a sense of belonging, even among the fans. Sports have significant economic, political and cultural impacts at the local, national, and international spheres. …
Tennessee V. Nat'l Collegiate Athletic Ass'n: Contracts - Name, Image And Likeness, David Draper
Tennessee V. Nat'l Collegiate Athletic Ass'n: Contracts - Name, Image And Likeness, David Draper
Transactions: The Tennessee Journal of Business Law
No abstract provided.
The Future Of College Sports After Alston: Reforming The Ncaa Via Conditional Antitrust Immunity, Nathaniel Grow
The Future Of College Sports After Alston: Reforming The Ncaa Via Conditional Antitrust Immunity, Nathaniel Grow
William & Mary Law Review
In June 2021, a unanimous U.S. Supreme Court issued its eagerly anticipated decision in National Collegiate Athletic Association v. Alston, ruling for the first time that NCAA rules governing student-athlete eligibility are subject to full scrutiny under federal antitrust law. Although the immediate impact of the Alston decision was rather modest—merely requiring the NCAA to allow its schools to compete by offering prospective players education-related benefits such as laptop computers and stipends for future graduate-level study—the Court hinted that it was prepared to extend the logic of this ruling much further, calling into question the legality of the NCAA’s …
Antitrust Changeup: How A Single Antitrust Reform Could Be A Home Run For Minor League Baseball Players, Jeremy Ulm
Antitrust Changeup: How A Single Antitrust Reform Could Be A Home Run For Minor League Baseball Players, Jeremy Ulm
Dickinson Law Review (2017-Present)
In 1890, Congress passed the Sherman Antitrust Act to protect competition in the marketplace. Federal antitrust law has developed to prevent businesses from exerting unfair power on their employees and customers. Specifically, the Sherman Act prevents competitors from reaching unreasonable agreements amongst themselves and from monopolizing markets. However, not all industries have these protections.
Historically, federal antitrust law has not governed the “Business of Baseball.” The Supreme Court had the opportunity to apply antitrust law to baseball in Federal Baseball Club, Incorporated v. National League of Professional Baseball Clubs; however, the Court held that the Business of Baseball was not …
Liability Redefined: The Application Of Agency Law To An Athletic Booster's Relationship With An Ncaa Member Institution, Jennifer Lee
Liability Redefined: The Application Of Agency Law To An Athletic Booster's Relationship With An Ncaa Member Institution, Jennifer Lee
The Journal of Business, Entrepreneurship & the Law
This comment draws parallels between agency law and the role of athletic boosters in a university context. This comment suggests that universities should not be held liable for the actions of third-party boosters unless the university had knowledge of the booster’s conduct or lacked an adequate system of internal controls.
Clear Statement Rules And The Integrity Of Labor Arbitration, Stephen Ross, Roy Eisenhardt
Clear Statement Rules And The Integrity Of Labor Arbitration, Stephen Ross, Roy Eisenhardt
Arbitration Law Review
Under the common law, employment contracts are submitted to civil courts to resolve disputes over interpretation, breach, and remedies. As an alternative, parties in collective bargaining agreements, can agree to dispute resolution by an independent arbitrator, whose decision is reviewed deferentially by judges. Where employees or members of an association are governed by its internal rules, in contrast, they often agree contractually to submit internal disputes to an association officer or committee. In this circumstance, the common law governing private associations affords judicial review that is more limited than a civil dispute, but more searching than is the case for …
2017 Annual Survey: Recent Developments In Sports Law, Jordan Lysiak, Katherine Hampel
2017 Annual Survey: Recent Developments In Sports Law, Jordan Lysiak, Katherine Hampel
Marquette Sports Law Review
None
An American Football Team In London: How Tax Consequences For International Athletes Could Affect The Success Of A Potential Nfl Franchise In London, Brett Smith
The Business, Entrepreneurship & Tax Law Review
Although the NFL has not announced any definite plans to place a team in London, it has taken significant steps in that direction. By 2022, it could be a reality. As the laws in the U.S. and U.K. currently stand, NFL athletes playing for a team in London would face more income taxes than if they played for a U.S.-based team. The extra tax liability the players would face in the U.K. could prevent players from signing with the London team. If the London franchise struggles to field talent, it will struggle on the field as well. Without reform in …
Groomed For Exploitation! How Applying The Statutory Definition Of Employee To Cover Division Ia College Football Players Disrupts The Student-Athlete Myth, Anne Marie Lofaso
Groomed For Exploitation! How Applying The Statutory Definition Of Employee To Cover Division Ia College Football Players Disrupts The Student-Athlete Myth, Anne Marie Lofaso
West Virginia Law Review
No abstract provided.
Utah And Sports Law, Adam Epstein
Conservation Force Et Al. V. Delta Air Lines: The Legality Of An Airline Ban On Big Game Hunting Trophies, Daniel Spivey
Conservation Force Et Al. V. Delta Air Lines: The Legality Of An Airline Ban On Big Game Hunting Trophies, Daniel Spivey
DePaul Journal of Sports Law
No abstract provided.
Fraudduel And Draftkrooks: Chance Or Skill?, Erica M. Boos
Fraudduel And Draftkrooks: Chance Or Skill?, Erica M. Boos
DePaul Journal of Sports Law
No abstract provided.
Sports Law In Law Reviews And Journals, Katelynn Hill
Sports Law In Law Reviews And Journals, Katelynn Hill
Marquette Sports Law Review
No abstract provided.
Ohio And Sports Law, Adam Epstein
Dick Woodson's Revenge: The Evolution Of Salary Arbitration In Major League Baseball, Edward Silverman
Dick Woodson's Revenge: The Evolution Of Salary Arbitration In Major League Baseball, Edward Silverman
Pepperdine Law Review
This paper examines the evolution of salary arbitration in professional baseball through the lens of the original 1974 Dick Woodson salary arbitration. Part II discusses the general development of labor relations in professional baseball, with an emphasis on how and why salary arbitration came to be implemented. Part III focuses specifically on Dick Woodson’s salary arbitration and how that experience shaped the immediate evolution of the practice and informed the current state of affairs in Major League Baseball (“MLB”). Part IV discusses MLB’s salary arbitration rules and how the process actually works. Part V addresses prevailing criticisms of baseball style …
Foot Faults In Crunch Time: Temporal Variance In Sports Law And Antitrust Regulation, Jeffrey Standen
Foot Faults In Crunch Time: Temporal Variance In Sports Law And Antitrust Regulation, Jeffrey Standen
Pepperdine Law Review
No abstract provided.
A Modest Proposal For Taming The Antitrust Beast, Gabe Feldman
A Modest Proposal For Taming The Antitrust Beast, Gabe Feldman
Pepperdine Law Review
No abstract provided.
An Antitrust Exemption For The Ncaa: Sound Policy Or Letting The Fox Loose In The Henhouse?, Daniel E. Lazaroff
An Antitrust Exemption For The Ncaa: Sound Policy Or Letting The Fox Loose In The Henhouse?, Daniel E. Lazaroff
Pepperdine Law Review
This Article focuses on the issues presented by the debate over granting the NCAA an exemption from federal antitrust law. Part II briefly describes the history of antitrust litigation involving the NCAA. Part III discusses some of the proposals for affording some type of antitrust immunity to the NCAA. Part IV explains the rationales utilized for some of the numerous antitrust exemptions Congress and the Supreme Court have created for some businesses and forms of commercial activity. Part V addresses the question of whether any of those rationales justifies providing the NCAA with a legislative or judicial antitrust exemption and …
Addressing Abusive Conduct In Youth Sports, Judith G. Mcmullen
Addressing Abusive Conduct In Youth Sports, Judith G. Mcmullen
Marquette Sports Law Review
No abstract provided.
Of Umpires, Judges, And Metaphors: Adjudication In Aesthetic Sports And Its Implications For Law, Chad M. Oldfather
Of Umpires, Judges, And Metaphors: Adjudication In Aesthetic Sports And Its Implications For Law, Chad M. Oldfather
Marquette Sports Law Review
No abstract provided.
No Hiding The Ball: Medical Privacy And Pro Sports, Michael K. Mcchrystal
No Hiding The Ball: Medical Privacy And Pro Sports, Michael K. Mcchrystal
Marquette Sports Law Review
No abstract provided.
Seventh Circuit And Wisconsin Sports Law Jurisprudence, Matthew J. Mitten
Seventh Circuit And Wisconsin Sports Law Jurisprudence, Matthew J. Mitten
Marquette Sports Law Review
No abstract provided.
Competitor Regulation Of Sponsored Content In The New Sports Content Media Economy, Kali Murray
Competitor Regulation Of Sponsored Content In The New Sports Content Media Economy, Kali Murray
Marquette Sports Law Review
No abstract provided.
Sports Law In Law Reviews And Journals, Krista D. Brown
Sports Law In Law Reviews And Journals, Krista D. Brown
Marquette Sports Law Review
No abstract provided.
Red Card: Using The National Football League’S “Rooney Rule” To Eject Race Discrimination From English Professional Soccer’S Managerial And Executive Hiring Practices, Jeremy Corapi
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
2011 Annual Survey: Recent Developments In Sports Law
2011 Annual Survey: Recent Developments In Sports Law
Marquette Sports Law Review
None
Sports In America, John D. Feerick
Sports In America, John D. Feerick
Pace Intellectual Property, Sports & Entertainment Law Forum
A speech written and delivered by Dean John Feerick on April 17, 2009 at the Fordham Law School Sports Law Symposium gives us an insightful look into what sports mean to the world around them. Dean Feerick has been involved first hand in a number of influential sports law decisions in his time as a practitioner and this speech serves as a reminder as to the meaningful role that sports play in each one of our lives. Feerick draws from life experiences of his own as well as that of colleagues and family members to observe the timeless and universal …
Index: Sports Law In Law Reviews And Journals, Jeremy Daniel Heacox
Index: Sports Law In Law Reviews And Journals, Jeremy Daniel Heacox
Marquette Sports Law Review
None
Huddle Up: Using Mediation To Help Settle The National Football League Labor Dispute, Jeremy Corapi
Huddle Up: Using Mediation To Help Settle The National Football League Labor Dispute, Jeremy Corapi
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Index: Sports Law In Law Reviews And Journals, Jeremy Daniel Heacox
Index: Sports Law In Law Reviews And Journals, Jeremy Daniel Heacox
Marquette Sports Law Review
None