Entertainment, Arts, and Sports Law Commons^™

Know When To Hold Them, When To Fold Them, And When To Walk Away: Tiktoks Are Professional Sports Franchises' Ace In Collective Bargaining Negotiations, Angelica Varona

Pepperdine Law Review

TikTok, the social media app, has become both a central force in entertainment, creating a slew of influencers and young celebrities, as well as an important tool in all things branding and marketing. Athletes have recognized the value of social media and fan engagement and have taken to becoming content-creators on the platform. The growing presence of professional athletes on the app brings up important issues of copyrightability and ownership of the content they are producing. This Comment considers the nature of athlete content-creation on TikTok as well as the employment scheme and contractual responsibilities that form a part of …

An Unexpected Result Of Gender Equality Initiatives In Sports - The Sexualization Of Female Athletes, Renalia Dubose

Mitchell Hamline Law Review

No abstract provided.

The Evolution Of Data In Sports Betting And Its Legal Ramifications On The Privacy And Protections Of College Athletes, Bryan B. Fisher

Et Cetera

Have you ever placed a sports bet before? Did you win… or did you lose? Did it come down to the final seconds… or did you regret your decision before the game even reached halftime? At times, betting on a sports team can seem like a sure-fire win. Unfortunately, it can be nearly impossible to truly know a result before it happens, especially in the sports industry, where a simple bad bounce can alter the final score, effectively causing millions of dollars to change hands. But what if there was a way to know something about the game that others …

Good Initiative, Bad Judgement: The Unintended Consequences Of Title Ix's Proportionality Standard On Ncaa Men's Gymnastics And The Transgender Athlete, Jeffrey Shearer

Pace Intellectual Property, Sports & Entertainment Law Forum

Title IX fails to provide the tools or guidelines necessary to equalize opportunities for all student athletes in the collegiate setting despite the government’s continuous effort to explain the law. This failure is because judicial precedent has largely developed around the binary proportionality test of compliance. Title IX was originally intended to equalize educational opportunities for male and female students in order to remedy past discrimination in our society. However, the application of Title IX has frequently created fewer opportunities in athletics due to the unintended relationship between the proportionality standard and the social phenomenon that is the commercialization of …

The Ncaa's Special Relationship With Student-Athletes As A Theory Of Liability For Concussion-Related Injuries, Tezira Abe

Michigan Law Review

The National Collegiate Athletic Association (NCAA) is the primary governing body of college athletics. Although the NCAA proclaims to protect student-athletes, an examination of its practices suggests that the organization has a troubling history of ignoring the harmful effects of concussions. Over one hundred years after the NCAA was established, and seventy years after the NCAA itself knew of the potential effects of concussions, the organization has done little to reduce the occurrence of concussions or to alleviate the potential effects that stem from repeated hits to the head. This Note argues for recognizing a special relationship between the NCAA …

Massachusetts At The Forefront: How To Protect The Most Vulnerable Group In A Post-Legal Sports Betting World—Ncaa Student-Athletes, Dave Wilson

University of Massachusetts Law Review

Change is coming to sports gambling in the United States. No longer is it restricted to Nevada casinos or your “friendly” neighborhood sports bookie. The individual states have spoken, with state after state passing legislation authorizing legalized sports betting. It is clear that there is an appetite for legal sports gambling in this country. But how did we get here? And what will the ramifications be? This Note first analyzes the keystone sports gambling case, Murphy v. NCAA, and its impact on the destruction of the Professional and Amateur Sports Protection Act, which was commonly viewed as a federal ban …

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 …

Out Of Bounds: A Critical Race Theory Perspective On "Pay For Play", Kevin D. Brown, Antonio Williams

Articles by Maurer Faculty

Under the amateur/education model, the amount of funding that colleges and universities can provide to their student-athletes is limited to the athletes' cost of attending their institution. This model makes sense for most college sports, but National Collegiate Athletic Association ("NCAA") Division I Football Bowl Subdivision and Division I men's basketball tend to generate almost all the revenue to fund their institution's entire athletic programs-as well as a substantial percentage of the revenues received by the NCAA. Furthermore is the realization that a majority of the elite athletes in these two revenue-generating sports are black. As revenues generated by these …

Hazing In High School Athletics: An Analysis Of Victims, Gregory S. Parks, Nicolette Delorenzo

Marquette Sports Law Review

None

You Play Ball Like A Girl: Cultural Implications Of The Contact Sports Exemption And Why It Needs To Be Changed, Michelle Margaret Smith

Cleveland State Law Review

Women in the United States have historically earned significantly less income per year compared to their male counterparts. In 2014, the pay discrepancy was at its lowest point with women earning seventy-nine cents per every dollar men earned. This discrepancy exists even though women now attain college degrees at a higher rate than men and make up 47% of the labor force. In sports, the pay discrepancy is even greater. At the professional level, women earn as little as 1.2% of what their male counterparts earn. This Note addresses how changing the contact sports exemption in Title IX to allow …

Fairness At A Price: Protecting The Integrity Of Athletic Competitions At The Expense Of Female Athletes, Annie Bach Yen Nguyen

Notre Dame Journal of International & Comparative Law

Ever since women were allowed to compete in the Olympics, they have been subjected to some form of gender verification. Initially, the International Olympic Committee (IOC) and International Amateur Athletic Federation (IAAF) required female athletes to present certificates from their doctors confirming that they were in fact women. In 1966, the IOC and the IAAF “decided they couldn’t trust individual nations to certify femininity, and instead implemented a mandatory genital check of every woman competing at international games.” This process was dubbed the “nude parades”. In response to the overwhelming disapproval of such examination, the IOC and IAAF began implementing …

Fourth & Inches: Marking The Line Of Athletes’ Free Speech (A Colin Kaepernick Inspired Discussion), Ryan J. Mcginty

Pace Intellectual Property, Sports & Entertainment Law Forum

This note addresses the ongoing controversial stance that was ignited when Colin Kaepernick refused to stand for the playing of the national anthem in protest of what he deems are wrongdoings against African Americans and minorities in the United States. The scope of this note does not surround Kaepernick himself, but rather the professional NFL football player in general. Specifically, players are entitled to the full rights of free expression and free speech as human beings and public figures, up and until the line where that right is abused on the field or “on the job,” thereby threatening an increase …

Sentencing Through The Media: How The Media Can Help Strengthen Legal Sanctions Against Sexual Assault By College Athletes, Samantha C. Huddleston

Marquette Sports Law Review

None

The Need For Strict Morality Clauses In Endorsement Contracts, Caysee Kamenetsky

Pace Intellectual Property, Sports & Entertainment Law Forum

The increasing significance of morality clauses seems to directly correlate with the increase of social media platforms and avenues to live-stream events, including but not limited to Facebook, Snapchat, Instagram, and Twitter. News of an athlete’s behavior can go viral in a matter of seconds. This leads company brands to seek broader terms in their morality clauses to allow them to disassociate themselves from the athlete. However, this is not always fair to the athlete, who might not have any idea that their personal-life choices could lead to the end of an endorsement contract.

Nba-Age Restrictions: Should The Nba Follow In The Footsteps Of Major League Baseball?, Bryan Kelly

Pace Intellectual Property, Sports & Entertainment Law Forum

This paper will discuss the outlook of current NBA prospects and the development of age restrictions. It will also shed light on several key cases and Collective Bargaining Agreements including: Wood v. National Basketball Association, and Denver Rockets v. All Pro Management, Inc. and the NBA CBA. After that, an analysis of Sherman Antitrust Law and current case law concerning age restrictions in sports, and analyze the possibility for age-restrictions to be argued through the court system. Finally, this paper will look into the NBPA’s duty of representation towards NBA prospects and how the NBPA can take ideas from a …

Modifying Amateurism: A Performance-Based Solution To Compensating Student–Athletes For Licensing Their Names, Images, And Likenesses, Chaz Gross

Chicago-Kent Journal of Intellectual Property

Amateurism is evolving and the NCAA is paying for it. With the NCAA’s focus set on preserving amateurism, it prohibited student–athlete compensation for any activity related to sports. However, college athletics are a lucrative business that generates its primary revenue from licensing Division I men’s basketball and FBS football players’ names, images, and likenesses. After years of criticism for its rules and regulations, the NCAA faced antitrust scrutiny from both former and current student–athletes. In 2015, the U.S. Court of Appeals for the Ninth Circuit held that the NCAA’s restrictions on student–athlete compensation violated the Sherman Antitrust Act. While the …

The Historical Realization Of The Americans With Disabilities Act On Athletes With Disabilities, Michael W. Carroll, Michael Cottingham, Don Lee, Deborah Shapiro, Brenda Pitts

Articles in Law Reviews & Other Academic Journals

The Americans with Disabilities Act (ADA) of 1990 has been one of the most powerful tools used by persons with disabilities in the fight for access and equality. Significant case law demonstrates the impact of the ADA on disability sport participation and access, but little is known regarding how the ADA has impacted athletes with disabilities. Thus, the purpose of this study was to gain the perspective of elite athletes with disabilities who competed before and after the ADA's enactment. Participants were interviewed, and the data were transcribed and analyzed. Findings indicated that participants generally felt physical barriers were most …

Newsroom: Sulentic '09 In Sports Illustrated, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

I’M The One Making The Money, Now Where’S My Cut? Revisiting The Student-Athlete As An “Employee” Under The National Labor Relations Act, John J. Leppler

Pace Intellectual Property, Sports & Entertainment Law Forum

This Article argues why the National Collegiate Athletic Association’s (NCAA) Big-Time Division I College Football and Men’s Basketball student-athletes are legally “employees” and why these student-athletes are inadequately compensated for their revenue-producing skills.

Part II of this Article sets forth the common law “right of control” test and the National Labor Relation Act’s (NLRA) special statutory test for students in a university setting, and shows how the National Labor Relations Board (NLRB) and the judiciary determine whether a particular person, specifically a university student, meets these standards and is legally an “employee”. Moreover, the NCAA asserts it does not have …

Michael Sam And The Nfl Locker Room: How Masculinities Theory Explains The Way We View Gay Athletes, Lisa A. Mazzie

Marquette Sports Law Review

No abstract provided.

Ignorance, Harm, And The Regulation Of Performance-Enhancing Substances, Lisa Milot

Scholarly Works

There is a disconnect between how legal and sporting authorities, on the one hand, and many elite athletes, on the other, view the use of performance-enhancing substances. While official and popular narratives portray the use of these substances as isolated examples of deviant behavior, to the elite athletes who daily push their bodies beyond societally normal limits of pain and risk, enhancement is oftentimes an accepted part of the job. As a result, efforts to regulate and detect athletes’ use of these substances have consistently captured only a small fraction of the use that exists.

This Article describes the ways …

Fumbling The First Amendment: The Right Of Publicity Goes 2-0 Against Freedom Of Expression, Thomas E. Kadri

Michigan Law Review

Two circuits in one summer found in favor of college athletes in right-of-publicity suits filed against the makers of the NCAA Football videogame. Both panels split 2–1; both applied the transformative use test; both dissenters predicted chilling consequences. By insisting that the likeness of each player be “transformed,” the Third and Ninth Circuits employed a test that imperils the use of realistic depictions of public figures in expressive works. This standard could have frosty implications for artists in a range of media: docudramas, biographies, and works of historical fiction may be at risk. This Comment examines the tension between the …

Response To Michael Sandel, Stephen F. Smith

Stephen F. Smith

No abstract provided.

Utility Of Personal Service Corporations For Athletes, Bret M. Kanis

Pepperdine Law Review

No abstract provided.

Social Media In Sports: Can Professional Sports League Commissioners Punish 'Twackle Dummies'?, Daniel J. Friedman

Pace Intellectual Property, Sports & Entertainment Law Forum

Daniel J. Friedman writes an article discussing the rise and popularity in social media use by professional athletes. He then discusses some of the new problems that have arisen due to social media misuse and the power of the Commissioner to restrict and punish the players for misuse. The article culminates with a case study hypothetical related to content based social media misuse and whether the Commissioners of professional sports league can punish a player for the content of their social media messages.

It's My Name And My Name Alone: How Chad Ocho Cinco Affects The Right Of Publicity, Jessica K. Baranko

Marquette Sports Law Review

No abstract provided.

140 Characters Or Less: Maintaining Privacy And Publicity In The Age Of Social Networking, Lauren Mccoy

Marquette Sports Law Review

No abstract provided.

Whose Right Is It Anyway?: How Recent Cases And Controversies Have Blurred The Lines Between First Amendment Protection And An Athlete's Right Of Publicity, Scott R. Chandler

Marquette Sports Law Review

No abstract provided.

Tinker Takes The Field: Do Student Athletes Shed Their Constitutional Rights At The Locker Room Gate?, Noel Johnson

Marquette Sports Law Review

No abstract provided.

Young Athletes At Risk: Preventing And Managing Consequences Of Sports Concussions In Young Athletes And The Related Legal Issues, Marie-France Wilson

Marquette Sports Law Review

No abstract provided.