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Entertainment, Arts, and Sports Law Commons™
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Articles 1 - 14 of 14
Full-Text Articles in Entertainment, Arts, and Sports Law
Throwing The Flag On Pay-For-Play: The O'Bannon Ruling And The Future Of Paid Student-Athletes, Joseph Davison
Throwing The Flag On Pay-For-Play: The O'Bannon Ruling And The Future Of Paid Student-Athletes, Joseph Davison
Washington Journal of Law, Technology & Arts
A group of former and current football and men’s basketball players, led by ex-UCLA basketball star Edward O’Bannon, brought an antitrust suit against the NCAA in the U.S. District Court for the Northern District of California. Their goal was to obtain an injunction ending the NCAA’s rules preventing players from being paid for the use of their names, images, or likenesses. Relying in large part on a 1984 Supreme Court case, NCAA v. Board of Regents of the University of Oklahoma, the NCAA claimed that there are specific procompetitive justifications for the restrictions, namely, amateurism and competitive balance. The …
Three Strikes And You're Out: An Investigation Of Professional Baseball's Antitrust Exemption, H. Ward Classen
Three Strikes And You're Out: An Investigation Of Professional Baseball's Antitrust Exemption, H. Ward Classen
Akron Law Review
This Article will examine the economic structure of the professional sports industry, explore professional baseball's judicially created exemption from antitrust laws and discuss the impact of the Federal Baseball Club v. National League and subsequent decisions on the professional sports industry. Finally, this Article will demonstrate that while baseball's antitrust exemption may have been justified sixty-five years ago, it now promotes economic inefficiency and infringes upon the constitutional rights of professional baseball players to freely market their talents.
Punt, Impasse Or Kick: The 1987 Nflpa Antitrust Action, Elyzabeth Joy Holford
Punt, Impasse Or Kick: The 1987 Nflpa Antitrust Action, Elyzabeth Joy Holford
Akron Law Review
The business aspects of professional sport dominated the media when a twenty-seven day strike disrupted the 1987 NFL football season, which included the hiring of replacement players, the filing of numerous labor charges by both the NFL Management Council (NFLMC) and the NFL Players' Association (NFLPA) and the dismal end of the strike after many players crossed the picket lines to return to play.' On the day that the NFLPA announced that the strike was over, they also shifted into their final goal line defense: the filing of an antitrust action against the National Football League (NFL) and each individual …
Self-Replicating Technologies And The Challenge For The Patent And Antitrust Laws, 32 Cardozo Arts & Ent. L.J. 131 (2013), Daryl Lim
Daryl Lim
Few patented inventions challenge the traditional boundaries of the patent and antitrust laws like those that are capable of multiplying as they are used. These self-replicating technologies are embedded in our food, fortify our vaccines, and form the computer code upon which the information age is based. These inventions create an inherent conflict between patentees and their customers. The conflict arises because every customer could become competitors as the product replicates, potentially making every first sale the patentee's last. They also challenge how we think about fundamental issues of ownership as well as innovation and market competition, and make it …
Definitions, Religion, And Free Exercise Guarantees, Mark Strasser
Definitions, Religion, And Free Exercise Guarantees, Mark Strasser
Mark Strasser
The First Amendment to the United States Constitution protects the free exercise of religion. Non-religious practices do not receive those same protections, which makes the ability to distinguish between religious and non-religious practices important. Regrettably, members of the Court have been unable to agree about how to distinguish the religious from the non-religious—sometimes, the implicit criteria focus on the sincerity of the beliefs, sometimes the strength of the beliefs or the role that they play in an individual’s life, and sometimes the kind of beliefs. In short, the Court has virtually guaranteed an incoherent jurisprudence by sending contradictory signals with …
Brief Of Antitrust Scholars As Amici Curiae In Support Of Appellees, Supporting Affirmance, Chris Sagers, K. Craig Wildfang, Ryan W. Marth, David Martinez
Brief Of Antitrust Scholars As Amici Curiae In Support Of Appellees, Supporting Affirmance, Chris Sagers, K. Craig Wildfang, Ryan W. Marth, David Martinez
Law Faculty Briefs and Court Documents
Amici urge affirmance for three principal reasons. First, we elaborate a point to dispel Appellant's suggestion that antitrust somehow does not belong here. Second, we show that ordinary rule of reason treatment was appropriate. Relying rather daringly on a case that it overwhelmingly lost, Appellant asks this Court to find within NCAA v. Board of Regents of Univ. of Okla., 468 U. S. 85 (1984), a rule that its "amateurism" or "eligibility" restraints are "valid...as a matter of law." NCAA Br. at 14, 22. Board of Regents did not say that, and even Appellant's own amici admit it. See Wilson …
How Not To Apply The Rule Of Reason: The O’Bannon Case, Michael A. Carrier
How Not To Apply The Rule Of Reason: The O’Bannon Case, Michael A. Carrier
Michigan Law Review First Impressions
The case of O’Bannon v. NCAA has received significant attention. On behalf of a class of student-athletes, former college basketball star Ed O’Bannon sued the NCAA, challenging rules that prohibited payment for the use of names, images, and likenesses (NILs) in videogames, live game telecasts, and other footage. A Ninth Circuit panel, in a 2-1 decision, found that this restraint had anticompetitive effects and procompetitive justifications. And it considered “less restrictive alternatives,” upholding payment for incidental educational expenses beyond tuition and fees, room and board, and required books, but rejecting a deferred $5,000 payment for NILs. Straddling the intersection of …
A Rapid Reaction To O'Bannon: The Need For Analytics In Applying The Sherman Act To Overly Restrictive Joint Venture Schemes, Stephen F. Ross, Wayne Desarbo
A Rapid Reaction To O'Bannon: The Need For Analytics In Applying The Sherman Act To Overly Restrictive Joint Venture Schemes, Stephen F. Ross, Wayne Desarbo
Journal Articles
This Article reviews the recent and highly publicized district court decision holding that NCAA rules, which bar student-athletes from any compensation for image rights, violated the Sherman Act, and that big-time athletic programs could lawfully agree among themselves to limit compensation to $5,000 annually in trust for each athlete upon leaving school. This Article briefly discusses why the decision correctly found the current rule to be illegal, but also details why, under settled antitrust law, the critical question of how much compensation would significantly harm consumer appeal for college football and basketball is a question better left to marketing science …
Judges Are Not ‘Super-Referees’: Why A Qualified Statutory Exemption To The Sherman Act Is Needed To Reform The Ncaa And Its Exploitive Amateur Model, 49 J. Marshall L. Rev. 125 (2015), Christopher Sweeney
Judges Are Not ‘Super-Referees’: Why A Qualified Statutory Exemption To The Sherman Act Is Needed To Reform The Ncaa And Its Exploitive Amateur Model, 49 J. Marshall L. Rev. 125 (2015), Christopher Sweeney
UIC Law Review
This Comment will analyze the historical application of antitrust laws to the rules and regulations of the NCAA and argue that, in light of a recent shift in judicial treatment, the next round of antitrust litigation threatens to destroy the entire NCAA model.
Is Music The Next Ebooks? An Antitrust Analysis Of Apple's Conduct In The Music Industry, Alexa Klebanow, Tim Wu
Is Music The Next Ebooks? An Antitrust Analysis Of Apple's Conduct In The Music Industry, Alexa Klebanow, Tim Wu
Faculty Scholarship
Over the last twenty years, two waves of technological change have transformed the way people purchase and listen to music. First, digital downloads displaced physical sales of albums. More recently, digital downloads, once the primary way to gain access to digital music, have come to be challenged by streaming services. Apple, a leader in the digital download market with iTunes, has engaged in various strategies to meet the challenge. This Note specifically focuses on two types of conduct: Apple’s pressure on labels to enter into exclusive license agreements, also known as windowing, and Apple’s pressure on the market to abandon …
O'Bannon V. National Collegiate Athletic Association: A Cinderella Story, Meghan Rose Price
O'Bannon V. National Collegiate Athletic Association: A Cinderella Story, Meghan Rose Price
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
On The Antitrust Exemption For Professional Sports In The United States And Europe, Leah Farzin
On The Antitrust Exemption For Professional Sports In The United States And Europe, Leah Farzin
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Power Play: Why Nhl's Prohibition On Player Participation In Future Olympics Would Violate Sherman Antitrust Act, Ross O'Neill
Power Play: Why Nhl's Prohibition On Player Participation In Future Olympics Would Violate Sherman Antitrust Act, Ross O'Neill
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
O’Bannon V. National Collegiate Athletic Association: Why The Ninth Circuit Should Not Block The Floodgates Of Change In College Athletics, Christopher Sagers, Michael A. Carrier
O’Bannon V. National Collegiate Athletic Association: Why The Ninth Circuit Should Not Block The Floodgates Of Change In College Athletics, Christopher Sagers, Michael A. Carrier
Law Faculty Articles and Essays
In O’Bannon v. National Collegiate Athletic Ass’n, then-Chief Judge Claudia Wilken of the U.S. District Court for the Northern District of California issued a groundbreaking decision, potentially opening the floodgates for challenges to National Collegiate Athletic Association (NCAA) amateurism rules. The NCAA was finally put to a full evidentiary demonstration of its amateurism defense, and its proof was found emphatically wanting. We agree with Professor Edelman that O’Bannon could bring about significant changes, but only if the Ninth Circuit affirms. We write mainly to address the NCAA’s vigorous pending appeal and the views of certain amici, and to explain our …