Law Commons^™

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

How The Other Half Lives (Revisited): Twenty Years Since Midler V. Ford - A Global Perspective On The Right Of Publicity, Alain Lapter

ExpressO

For celebrities, name and image are, arguably, two of their most valuable assets. From headlining a movie, to starring in a commercial, to endorsing a product, a celebrity’s persona is potentially worth thousands to millions of dollars. However, this intangible commodity’s worth is often siphoned off by those who appropriate a celebrity’s name or image without authorization or remuneration, thus potentially decreasing the property’s value. In order to stifle this unjust enrichment, celebrities greatly desire the absolute right to control the commercial exploitation of their name and likeness.

In this article, I examine the current state of the right of …

“Hail To The Potomac Drainage Basin Indigeneous Persons” Just Doesn’T Have The Same Ring: Is The Name “Redskins” Offensive Enough To Outweigh Tradition?, Marvin L. Longabaugh

ExpressO

In this article, I discuss whether the federal government has an obligation to act to restrict the NFL’s Washington franchise’s use of the term “Redskins”. The article discusses the unique obligation that the courts have placed on the federal government with respect to Native Americans. It articulates two approaches that have been employed with varying degrees of success in abolishing the nickname. Free speech concerns are explored with respect to this issue. Finally, the article briefly discusses some proposed methods that the government could employ to “encourage” the Redskins and the NFL to change the nickname.

Final Offer Arbitration In The New Era Of Major League Baseball, Spencer B. Gordon

ExpressO

This article provides a comprehensive analysis of the economic, athletic, and social impact of final offer salary arbitration in Major League Baseball (“MLB”). The article delves into the motivations, fluctuations, and evolution of the player-owner relationship and free agency. The commentary then focuses on the distinguishing features and intricacies of final offer arbitration. Although salary arbitration in the context of Major League Baseball is a topic oft discussed in the law review setting, the analysis rarely reaches the level exhibited in this article. Moreover, most articles on the subject were written between 1996 and 2000 when the 1994 players’ strike …

The Rebirth Of The Nba - Well, Almost: An Analysis Of The Maurice Clarett Decision And Its Impact On The National Basketball Association, Kevin J. Cimino

West Virginia Law Review

No abstract provided.

An Overview Of Non-Analytical Positive & Circumstantial Evidence Cases In Sports, Richard H. Mclaren

Marquette Sports Law Review

No abstract provided.

Antitrust And Inefficient Joint Ventures: Why Sports Leagues Should Look More Like Mcdonald's And Less Like The United Nations, Stephen F. Ross, Stefan Szymanski

Journal Articles

Antitrust law generally favors joint ventures that allow separate firms to integrate economic functions while continuing to compete as independent entities. In evaluating the risks to competition that joint ventures could pose, insufficient attention has been paid to the risk that joint ventures with market power may be structured so that the parties, acting in their independent self interest, will prevent the venture from providing innovative goods and services responsive to consumer demand. In these cases, it may be better if a single firm provided services rather than having them provided jointly.

We illustrate this problem by challenging the conventional …

Despite His Antics, T.O. Has A Valid Point: Why Nfl Players Deserve A Bigger Piece Of The Pie, Matthew Levine

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

Affirmative Injunctions In Athletic Employment Contracts: Rethinking The Place Of The Lumley Rule In American Sports Law, Geoffrey Christopher Rapp

Marquette Sports Law Review

No abstract provided.

Intellectual Property Protection In China: Enforcing Trademark Rights, Anne M. Wall

Marquette Sports Law Review

No abstract provided.

Antitrust And Inefficient Joint Ventures: Why Sports Leagues Should Look More Like Mcdonald's And Less Like The United Nations, Stephen F. Ross, Stefan Szymanski

Marquette Sports Law Review

No abstract provided.

Major League Internationals With Minor-League Titles: Let Them In. Let Them Play., Casey Shilts, Kate Jett, Brett Lashbrook

Marquette Sports Law Review

No abstract provided.

Managing Risk In Interscholastic Athletic Programs: 14 Legal Duties Of Care, Janis K. Doleschal

Marquette Sports Law Review

No abstract provided.

Avila V. Citrus Community College District: Shaping The Contours Of Immunity And Primary Assumption Of The Risk, Timothy Davis

Marquette Sports Law Review

No abstract provided.