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Articles 1 - 29 of 29
Full-Text Articles in Entertainment, Arts, and Sports Law
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 …
The Blue Devil's In The Details: How A Free Market Approach To Compensating College Athletes Would Work, David A. Grenardo
The Blue Devil's In The Details: How A Free Market Approach To Compensating College Athletes Would Work, David A. Grenardo
Pepperdine Law Review
Everyone involved in the business of major college athletics, except the athletes, receives compensation based on a free market system. The National Collegiate Athletic Association’s (NCAA) cap on athlete compensation violates antitrust law, and athletes should be allowed to earn their free market value as everyone else does in this country. This Article provides a detailed approach to compensating college athletes under a free market model, which includes a salary cap, the terms of a proposed standard player’s contract, a discussion of who can represent players, and payment simulations for football and basketball teams. A free market approach would not …
Amateurism And The Ncaa: How A Changing Market Has Turned Caps On Athletic Scholarships Into An Antitrust Violation, Daniel Laws
Amateurism And The Ncaa: How A Changing Market Has Turned Caps On Athletic Scholarships Into An Antitrust Violation, Daniel Laws
Law Student Publications
The college athletics industry is worth $16 billion, and it only continues to grow as the number of collegiate students and student-athletes increases. The governing body of collegiate athletics, the National Collegiate Athletic Association ("NCAA"), prides itself on the amateur status of its athletes. To preserve its athletes' amateurism, the NCAA mandates that its member institutions agree not to compensate student-athletes with athletic scholarships that are above the university's cost of attendance. Typically, this type of horizontal agreement- one between competitors that artificially caps the amount a worker can earn violates Section 1 of the Sherman Act as an unreasonable …
A Channel Worth Changing? The Individual Regional Sports Network: Proliferation, Profits, Parity, And The Potential Administrative And Antitrust Issues That Could Follow, Stephen Dixon
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Out Of Bounds Under The Sherman Act? Player Restraints In Professional Team Sports , Seth M. Goldstein
Out Of Bounds Under The Sherman Act? Player Restraints In Professional Team Sports , Seth M. Goldstein
Pepperdine Law Review
No abstract provided.
Nearly A Century In Reserve: Organized Baseball: Collective Bargaining And The Antitrust Exemption Enter The 80'S, Nancy Jean Meissner
Nearly A Century In Reserve: Organized Baseball: Collective Bargaining And The Antitrust Exemption Enter The 80'S, Nancy Jean Meissner
Pepperdine Law Review
In her comment, the author fashions a compelling argument for congressional elimination of baseball's exemption from federal antitrust laws. After noting that the exemption had been formulated in 1922 by the Supreme Court, the author explains that it has been abused by baseball club owners to create a virtual monopoly over ballplayers through the reserve system. Although the reserve system's control was somewhat diluted in 1976, with the advent of free agency and collective bargaining, club owners are currently negotiating for mandatory compensation for the loss of free agents. The resultant threat of a player's strike has served to focus …
Herschel Walker V. National Football League: A Hypothetical Lawsuit Challenging The Propriety Of The National Football League's Four-Or-Five Year Rule Under The Sherman Act, A. Randall Farnsworth
Herschel Walker V. National Football League: A Hypothetical Lawsuit Challenging The Propriety Of The National Football League's Four-Or-Five Year Rule Under The Sherman Act, A. Randall Farnsworth
Pepperdine Law Review
No abstract provided.
Why Copperweld Was Actually Kind Of Dumb: Sound, Fury And The Once And Still Missing Antitrust Theory Of The Firm, Chris Sagers
Why Copperweld Was Actually Kind Of Dumb: Sound, Fury And The Once And Still Missing Antitrust Theory Of The Firm, Chris Sagers
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
American Needle And The Application Of The Sherman Act To Professional Sports Leagues, Gregory J. Werden
American Needle And The Application Of The Sherman Act To Professional Sports Leagues, Gregory J. Werden
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
A Re-Examination Of The Convergence Of Antitrust Law And Professional Sports Leagues, Christine A. Miller
A Re-Examination Of The Convergence Of Antitrust Law And Professional Sports Leagues, Christine A. Miller
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Is There Life After Death For Sports League Immunity - American Needle And Beyond, Meir Feder
Is There Life After Death For Sports League Immunity - American Needle And Beyond, Meir Feder
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Huddle Up: Surveying The Playing Field On The Single Entity Status Of The National Football League In Anticipation Of American Needle V. Nfl, Constantine J. Avgiris
Huddle Up: Surveying The Playing Field On The Single Entity Status Of The National Football League In Anticipation Of American Needle V. Nfl, Constantine J. Avgiris
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
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
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.
Despite His Antics, T.O. Has A Valid Point: Why Nfl Players Deserve A Bigger Piece Of The Pie, Matthew Levine
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.
Copyright And Anti-Trust Law : Public Performance Rights Licensing Of Musical Works Into Audiovisual Media, Christian Seyfert
Copyright And Anti-Trust Law : Public Performance Rights Licensing Of Musical Works Into Audiovisual Media, Christian Seyfert
Theses and Dissertations
This article will explore the question how anti-trust law affects the performing rights societies' (PRS) practice plain the different types and forms of licensing of licensing public performance rights of musical works into audiovisual media. It will, first, set forth the historical development and necessity of PRSs; secondly, define and exublic performance rights; and, thirdly, analyze in detail the historical attempts by the government and by private parties to enforce anti-trust law against the PRSs' system of blanket licensing musical works into audiovisual media.
Illegal Defense: The Irrational Economics Of Banning High School Players From The Nba Draft, Michael Mccann
Illegal Defense: The Irrational Economics Of Banning High School Players From The Nba Draft, Michael Mccann
Law Faculty Scholarship
Each year, the National Basketball Association (NBA) conducts its annual entry draft (NBA Draft), which is the exclusive process by which premiere amateur players gain entrance into the NBA. To the dismay of many commentators, a number of drafted players will have just completed their senior year of high school. Routinely, these players are dismissed as immature, unprepared, and ill-advised, even though most will sign guaranteed, multi-million dollar contracts before their college educations would have begun. In stark contrast to popular myth, this Article finds that players drafted straight out of high school are not only likely to do well …
Maurice Clarett V. National Football League, Inc.: An Analysis Of Clarett's Challenge To The Legality Of The Nfl's Draft Eligibility Rule Under Antitrust Law, Shauna Itri
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Introduction, Gilbert Stein
Introduction, Gilbert Stein
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Major League Baseball Contraction And Antitrust Law, John T. Wolohan
Major League Baseball Contraction And Antitrust Law, John T. Wolohan
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
The Effect Of Baseball's Antitrust Exemption And Contraction On Its Minor League Baseball System: A Case Study Of The Harrisburg Senators, Stanley M. Brand
The Effect Of Baseball's Antitrust Exemption And Contraction On Its Minor League Baseball System: A Case Study Of The Harrisburg Senators, Stanley M. Brand
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Save Amateur Sports: Protection From Liability Under The Amateur Sports Act In Eleven Line V. North Texas Soccer Ass'n, Konstantinos Yiannopoulos
Save Amateur Sports: Protection From Liability Under The Amateur Sports Act In Eleven Line V. North Texas Soccer Ass'n, Konstantinos Yiannopoulos
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
College Football Players Can't Tackle Athletic Conference's Tough Sanctions: Hairston V. Pacific 10 Conference, Michael H. Gold
College Football Players Can't Tackle Athletic Conference's Tough Sanctions: Hairston V. Pacific 10 Conference, Michael H. Gold
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Multiple Characterizations For The Single Entity Argument: Professional Sports Limited Partnership V. National Basketball Association, Timothy R. Deckert
Multiple Characterizations For The Single Entity Argument: Professional Sports Limited Partnership V. National Basketball Association, Timothy R. Deckert
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Collective Bargaining In The National Football League: A Historical And Comparative Analysis, C. Peter Goplerud Iii
Collective Bargaining In The National Football League: A Historical And Comparative Analysis, C. Peter Goplerud Iii
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Labor Or Antitrust - Let The Players Choose, Robert A. Mccormick
Labor Or Antitrust - Let The Players Choose, Robert A. Mccormick
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Brown V. Pro Football, Inc.: You Make The Call, Denise K. Bryant
Brown V. Pro Football, Inc.: You Make The Call, Denise K. Bryant
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
A History And Analysis Of Baseball's Three Antitrust Exemptions, Joseph J. Mcmahon Jr.
A History And Analysis Of Baseball's Three Antitrust Exemptions, Joseph J. Mcmahon Jr.
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
The Antitrust Implications Of Professional Sports Leagues Revisited: Emerging Trends In The Modern Era, Thane N. Rosenbaum
The Antitrust Implications Of Professional Sports Leagues Revisited: Emerging Trends In The Modern Era, Thane N. Rosenbaum
University of Miami Law Review
No abstract provided.
Ncaa V. Board Of Regents: Supreme Court Intercepts Per Se Rule And Rule Of Reason, Peter W. Bellas
Ncaa V. Board Of Regents: Supreme Court Intercepts Per Se Rule And Rule Of Reason, Peter W. Bellas
University of Miami Law Review
No abstract provided.