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Entertainment, Arts, and Sports Law Commons™
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Articles 1 - 11 of 11
Full-Text Articles in Entertainment, Arts, and Sports Law
Is There A Stare Decisis Doctrine In The Court Of Arbitration For Sport? An Analysis Of Published Awards For Anti-Doping Disputes In Track And Field, Annie Bersagel
Pepperdine Dispute Resolution Law Journal
The article presents information on the doctrine of the stare decisis under the court of arbitration for sport with respect to the awards and arbitration for the disputes on anti-doping in the sport of track and field. The jurisdiction of the commercial and the disciplinary disputes of the Olympic Games are exercised by the court of arbitration for sport. Information on the role of the doctrine of the civil law is also presented.
Filling The Gap Between Morality And Jurisprudence: The Use Of Binding Arbitration To Resolve Claims Of Restitution Regarding Nazi-Stolen Art , Rebecca Keim
Pepperdine Dispute Resolution Law Journal
Recognizing the gaps in existing legislation, this article will argue that disputes arising between claimants and museums regarding the repatriation of Nazi-looted artwork should be decided by binding arbitration rather than litigation. To facilitate such arbitration, international law should support the creation of an arbitration commission, which would provide the most efficient and consistent way to resolve claims. Moreover, a neutral forum with clear rules of law and procedure capable of resolving claims would not only be more fair to claimants, but also to museums and personal collectors. This article will first discuss the severity and magnitude of Nazi looting …
Victorious Youth In Peril: Analyzing Arguments Used In Cultural Property Disputes To Resolve The Case Of The Getty Bronze, Alexander Mackintosh Ritchie
Victorious Youth In Peril: Analyzing Arguments Used In Cultural Property Disputes To Resolve The Case Of The Getty Bronze, Alexander Mackintosh Ritchie
Pepperdine Dispute Resolution Law Journal
There has been a great deal of press in the recent years concerning the illegal exportation of cultural objects, their illicit sale to museums and private collectors, and the arguments that would compel either the return or restitution of such objects. This article will offer an introduction to this area including the current law and arguments by focusing the dispute surrounding a tremendous cultural asset, currently owned and residing in the United States-the Getty Bronze. The status of the statue is in question because the Italian authorities are claiming that the statue was illegally exported and, therefore, could not be …
The Future Of Sports Dispute Resolution, Michael Lenard
The Future Of Sports Dispute Resolution, Michael Lenard
Pepperdine Dispute Resolution Law Journal
Michael Lenard, a member of the International Council of Arbitration for Sport (ICAS), provides his outlook on where sports dispute resolution is headed.
From The Trenches: The Landscape Of Sports Dispute Resolution And Athlete Representation, John Ruger
From The Trenches: The Landscape Of Sports Dispute Resolution And Athlete Representation, John Ruger
Pepperdine Dispute Resolution Law Journal
The Act that gave the Olympic Committee its authority is the Ted Steven's Olympic and Amateur Sports Act. It was first passed in 1978 under the tutelage of Senator Stevens of Alaska. It was updated in 1998, and in the update there was a passage added regarding the creation of the position of athlete ombudsman. One of the primary authors of that actual language is Mr. Benz, who was, at the time, at the USOC. President Clinton signed the bill into law in October 1998 with a funding bill. I am the only one to have ever held this position, …
Common Issues In International Sports Arbitration, Jeffrey Benz
Common Issues In International Sports Arbitration, Jeffrey Benz
Pepperdine Dispute Resolution Law Journal
Jeffrey Benz discusses his experience as a Court of Arbtration for Sport (CAS) Arbitrator and former US Olympic Committee General Counsel.
The Beijing Summer Olympic Games: Decisions From The Cas And Ioc, Richard H. Mclaren, Geoff Cowper-Smith
The Beijing Summer Olympic Games: Decisions From The Cas And Ioc, Richard H. Mclaren, Geoff Cowper-Smith
Pepperdine Dispute Resolution Law Journal
This article reviews the Beijing Olympic Games cases heard by the Court of Arbitration for Sport (CAS) Appeal Division before and after the Olympic Games and the Ad-hoc Division (AHD) in Beijing, together with pertinent IOC Executive Board doping and disciplinary decisions. The discussion is in chronological order dealing first with Olympic-related cases that were heard by the ordinary and appeal divisions in Lausanne prior to the AHD taking jurisdiction of Olympic matters. Those cases are followed by appeals heard by the appeal division while the AHD took jurisdiction over Olympic matters in Beijing. A discussion of the decisions made …
Lessons From Usada V. Jenkins: You Can't Win When You Beat A Monopoly , Michael S. Straubel
Lessons From Usada V. Jenkins: You Can't Win When You Beat A Monopoly , Michael S. Straubel
Pepperdine Dispute Resolution Law Journal
According to the reporters who wanted to speak with LaTasha Jenkins, she was the first athlete in the seven-year history of the United States Anti-Doping Agency (USADA) to win and clear herself of doping charges. USADA's record was now thirty-seven and one. Remarkably, the flawless record was beaten by a group of third year law students and their professor. But LaTasha did not want to speak with the reporters. To LaTasha, she had not won. She had been dragged through the mud, her career had been ended, and she was emotionally exhausted. Talking to reporters would only remind her of …
Doping Control, Mandatory Arbitration, And Process Dangers For Accused Athletes In International Sports , Maureen A. Weston
Doping Control, Mandatory Arbitration, And Process Dangers For Accused Athletes In International Sports , Maureen A. Weston
Pepperdine Dispute Resolution Law Journal
Athletes in a professional sports league in the United States are members of players unions, which assist their athletes in obtaining representation when they are involved in dispute resolution proceedings associated with disciplinary actions. However, individual athletes who participate in international competitions do not enjoy the same benefits. When these athletes are required to submit to mandatory drug testing, with attendant potential criminal liability, and to mandatory arbitration, they should be provided meaningful access to competent legal representation when their athletic careers are in jeopardy. This article considers the legal framework, process, and recourse for athletes in international competition to …
Judicial Review Of Olympic And International Sports Arbitration Awards: Trends And Observations , Matthew J. Mitten
Judicial Review Of Olympic And International Sports Arbitration Awards: Trends And Observations , Matthew J. Mitten
Pepperdine Dispute Resolution Law Journal
This article provides an overview of the nature and scope of judicial review of Olympic and international sports arbitration awards, primarily those rendered by the Court of Arbitration for Sport (based in Lausanne, Switzerland) and their review by the Swiss Federal Tribunal pursuant to the Swiss Federal Code on Private International Law. It also describes and compares U.S. courts' review of international sports arbitration awards pursuant to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards as well as domestic sports arbitration awards. Both Swiss and U.S. courts are permitting CAS arbitration awards to establish a …
Foreword, Carey J. Prill
Foreword, Carey J. Prill
Pepperdine Dispute Resolution Law Journal
The Symposium entitled Arbitrating Sports: Reflections on USADA/Landis, the Olympic Games, and the Future of International Sports Dispute Resolution was held at Pepperdine University School of Law on February 27, 2009, under the joint sponsorship of the Straus Institute for Dispute Resolution and the Pepperdine Dispute Resolution Law Journal. It brought together a distinguished panel of speakers, comprised of arbitrators, lawyers, scholars, and members of the press. This special symposium issue of the Journal is comprised of several papers and lectures presented at the event, which reflect important issues in sports arbitration.