Entertainment, Arts, and Sports Law Commons^™

Tercer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García

Bruno L. Costantini García

Tercer Congreso Nacional de Organismos Públicos Autónomos

"Autonomía, Reforma Legislativa y Gasto Público"

The 1994-'95 Baseball Strike And National Labor Relations Board: To The Precipice And Back Again, William B. Gould Iv

West Virginia Law Review

No abstract provided.

Discretion Without Guidance, William W. Berry Iii

William W Berry III

The exercise of the discretion accorded to a judge in determining the sentence of a convicted criminal offender bears directly on the coherence and the legitimacy of any criminal justice system. The United States federal criminal sentencing system has, at various points in time over the past century, employed schemes that have approached either the one extreme of unfettered judicial discretion or the other extreme of highly restricted judicial discretion. In January, 2005, the United States Supreme Court held in United States v. Booker that the mandatory federal sentencing guidelines, the source of the strict restriction on judicial discretion for …

American Procedural Exceptionalism, William W. Berry Iii

William W Berry III

This article offers a new theory to explain the persistence of the death penalty in the United States at a time when most western nations have abolished it. Contrary to cultural explanations that have been advanced by other scholars, this piece hypothesizes that the retention is best explained by "American procedural exceptionalism," defined as the unique American belief in the efficacy and fairness of its legal process. This American exceptionalism of process validates the expression of the impulse toward retribution commonly found in western nations. In other words, the perceived fairness of the process affirms the retributive notion that the …

Professional Athletes Playing Video Games - The Next Prohibited Other Activity, Jonathan M. Etkowicz

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

The Invisible Pregnant Athlete And The Promise Of Title Ix, Deborah Brake

Articles

The question of how law should respond to women who become pregnant, and whether to specially accommodate pregnancy or analogize it to other conditions, features prominently in virtually every area of sex equality law. In debates over women's equality in the workplace, for example, it has been the defining issue for the development of and debate over various models of equality in feminist legal theory. Until recently, however, the issue has been all but absent in debates and discussion about Title IX and its promise of sex equality in sports. This changed suddenly in 2007, when ESPN televised a program …

Sales And Sports Law, Adam Epstein

Adam Epstein

The purpose of this article is to provide insight into the basics of the Uniform Commercial Code (UCC) and explore its application to sports law. Particular focus is on the sale of goods found in the UCC's Article 2. Whether a buyer and seller closes a deal for the sale of helmets, bats, balls, backboards, sports memorabilia, a new artificial surface for the outdoor field or to fulfill an order for a new set of game jerseys, the UCC applies to the sale if the parties to the sales contract failed to otherwise agree upon the specifics.