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Full-Text Articles in Entertainment, Arts, and Sports Law
Attack Of The Cheerleaders! Allegations Of Violations Of The Flsa On An Uncertain Landscape, Adam Epstein
Attack Of The Cheerleaders! Allegations Of Violations Of The Flsa On An Uncertain Landscape, Adam Epstein
Adam Epstein
In 2013-14, several lawsuits were brought by National Football League (NFL) cheerleaders who claimed that their respective football clubs violated federal or state law with regard to violations of the Fair Labor Standards Act (FLSA), the 1938 federal act that mandates the minimum wage, overtime provisions, and so on. Interestingly, and at the same time, national discourse manifest itself over possibly increasing the federal, state and local minimum wage with various states and cities voting in favor of increasing their minimum wage. The purpose of this article is to explore the recent claims by certain NFL cheerleaders and to analyze …
Ohio And Sports Law, Adam Epstein
Ohio And Sports Law, Adam Epstein
Adam Epstein
The purpose of this paper is to offer a broad perspective on how individuals, universities and professional teams associated with the state of Ohio have had a varied impact on sports law in general. Many of the cases and decisions discussed in this paper include familiar incidents and issues involving basketball coach Jim O’Brien, pitcher Andy Oliver, running back Maurice Clarett, sprinter Harry “Butch” Reynolds, high school football player Bobby Martin, Major League Baseball (MLB) manager Pete Rose and others. This article could also be viewed as a starting point for further research involving this Midwestern state also known as …
The Nba's 2011 Collectively Bargained Amnesty Clause-Exploring The Fundamentals, Adam Epstein, Kathryn Kisska-Schulze
The Nba's 2011 Collectively Bargained Amnesty Clause-Exploring The Fundamentals, Adam Epstein, Kathryn Kisska-Schulze
Adam Epstein
The purpose of this article is to fundamentally introduce the amnesty clause, a relatively new provision in the labor and employment law discussions involving sport. The expression amnesty clause or amnesty provision is found in the 2011 NBA CBA. To date, academic references to the amnesty clause within the sport genre are virtually non-existent. The amnesty clause provides NBA teams a tool to release players from their contracts if they feel that the player turned out to be a bad investment, regardless of the reason. Additionally, by releasing a player under an amnesty clause provision, the team exercising the clause …
The Olympics, Ambush Marketing And Sochi Media, Adam Epstein
The Olympics, Ambush Marketing And Sochi Media, Adam Epstein
Adam Epstein
The purpose of this article is to explore the concept of ambush marketing and the legal environment surrounding it. With the advent of the Sochi Olympic Games held in February, 2014, ambush marketing again makes its way to the forefront of national and international attention. Certainly, the discussion of ambush marketing in advertising strategies would be a useful tool at any point in a law course that addresses intellectual property such as trademarks and domain names, and consumer protection issues in general. For decades, non-official sponsors of the Olympic Games have found ways to use the Olympic event platform to …
The Trading Card Effect, Adam Epstein
The Trading Card Effect, Adam Epstein
Adam Epstein
The purpose of this article is to demonstrate a teaching method that I have used for the last several years and have found to be effective particularly during the challenging final weeks of the semester. I reward students with trading cards for answering questions currently during an unannounced quiz to provide positive reinforcement in an engaging way. Students ultimately form teams and receive a relevant and classic football, baseball, basketball, hockey, or other trading card that they can keep as a souvenir to the class and the course. The intent is to give something to the students directly relevant to …
Promises To Keep? Coaches Tubby Smith, Jimmy Williams And Lessons Learned In 2012, Adam Epstein, Henry Lowenstein
Promises To Keep? Coaches Tubby Smith, Jimmy Williams And Lessons Learned In 2012, Adam Epstein, Henry Lowenstein
Adam Epstein
The primary purpose of this article is to explore the 2012 legal decision that stemmed from an employment-related fiasco in 2007 when Coach Orlando Henry “Tubby” Smith first formed his staff at UM and asked coach Jimmy Williams from Oklahoma State University to join him as an assistant coach. Smith’s offer, however, proved not to be a legally binding offer, at least according to the Minnesota Supreme Court, because Smith apparently did not have the authority to make the offer in the first place. In fact, Jimmy Williams was declared by the Minnesota Supreme Court majority to have been sophisticated …
"Show Me The Money!"-Analyzing The Potential State Tax Implications Of Paying Student-Athletes, Kathryn Kisska-Schulze, Adam Epstein
"Show Me The Money!"-Analyzing The Potential State Tax Implications Of Paying Student-Athletes, Kathryn Kisska-Schulze, Adam Epstein
Adam Epstein
On March 26, 2014, the Chicago district (Region 13) of the National Labor Relations Board (NLRB) ruled that Northwestern University football players qualify as employees and can unionize and bargain collectively, a decision which contravenes the National Collegiate Athletic Association’s (NCAA) core principle of amateurism. Shortly after, Northwestern University filed an appeal with the NLRB in Washington, D.C. to quash the prior Region 13 decision. This case has added fuel to the longstanding debate over whether student-athletes should be paid. Amidst arguments both for and against supporting the pay-for-play model from a purely compensatory stance, there has been minimal focus …
Maryland Sports Law, Adam Epstein
Maryland Sports Law, Adam Epstein
Adam Epstein
This article explores how individuals, universities and professional teams associated with the state of Maryland have had a varied impact on sports law in general. It also serves as a primer for anyone studying sports law, particularly for those interested intellectual property or disability issues. Maryland has had a surprising important role in shaping sports law nationally and continues as part of the discussion. Baltimore, Maryland and the surrounding region (including D.C.) had one of the greatest sports years in 2012-2013. Not surprisingly, most of the significant sports law cases from the Chesapeake Bay area emanate from the city of …
Taxing Missy: Operation Gold And The 2012 Proposed Olympic Tax Elimination Act, Kathryn Kisska-Schulze, Adam Epstein
Taxing Missy: Operation Gold And The 2012 Proposed Olympic Tax Elimination Act, Kathryn Kisska-Schulze, Adam Epstein
Adam Epstein
The purpose of this article is to explore the legal and tax environment surrounding the August 1, 2012 bill referred to as the Olympic Tax Elimination Act (OTEA) which was introduced in the U.S. Senate to exempt from gross income the prize money earned by U.S. Olympians from the United States Olympic Committee (USOC) for earning a gold, silver or bronze medal. The OTEA came at a time when American economic growth has been stagnant, and income tax issues became a hotly contested political debate for the 2012 Presidential election. The article explores how tax issues have weaved their way …
Missouri Sports Law, Adam Epstein
Missouri Sports Law, Adam Epstein
Adam Epstein
The purpose of this paper is to present a brief perspective and overview on how individuals and teams associated with the state of Missouri have had an impact on sports law in general. This article synthesizes Missouri-related cases and decisions, demonstrating that the legal issues are quite broad and varied in this area of the law. Some represent significant state and federal sports law cases including those that have been initiated in or traveled through Missouri via the Eighth Circuit Court of Appeals.
Surveying Colorado Sports Law, Adam Epstein
Surveying Colorado Sports Law, Adam Epstein
Adam Epstein
The purpose of this article is to provide an overview and explore some of the major sports law cases that have emanated from within the four corners of the state of Colorado or maneuvered through Denver’s Tenth Circuit Court of Appeals. Colorado is a prime location for a wide range of cutting edge cases, decisions, discussions and events which have an impact on the relationship between sports and the law among the professional, amateur and recreational environments. Legal issues at Colorado-based educational institutions appear to have an affinity for and history of exposing and challenging the authority of NCAA policies.
Go For The Gold By Utilizing The Olympics, Adam Epstein
Go For The Gold By Utilizing The Olympics, Adam Epstein
Adam Epstein
The purpose of this article is to demonstrate ways to incorporate legal issues related to the Olympic Games in the business law or legal environment course. This article provides a brief history of the legislation which has established the legal authority of the United States Olympic Committee (USOC), prominent cases, relevant laws and other legal issues that encompass the Olympic Games and their administration in the United States. Legal issues related to constitutional law, arbitration, jurisdiction, gender and disability discrimination, intellectual property, are also presented in a way in which the professor can use the Olympics as part of the …
Teaching Torts With Sports, Adam Epstein
Teaching Torts With Sports, Adam Epstein
Adam Epstein
The purpose of this paper is to offer a pedagogical road map for an alternative way to engage students when arriving at the torts portion of the business law or legal environment course. It is designed to encourage utilizing sports cases and sport-related videos when teaching torts which can be effective and energizing. My research demonstrates that the prominence of sports related tort cases and examples are much more apparent in the negligence and intentional tort categories than in products liability or strict liability. More specifically, an effective way to relate the concept of negligence in sports is in the …
An Exploration Of Interesting Clauses In Sports, Adam Epstein
An Exploration Of Interesting Clauses In Sports, Adam Epstein
Adam Epstein
The purpose of this article is to explore a broad spectrum of some of the more prominent and interesting contract clauses that have worked their way into the practice of law in the business of sport. Many of the examples utilized in this article reflect the fundamental principles of contract law generally. The article explores contract clauses (and in some cases terminations) related to prominent coaches including Jim O'Brien, Kelvin Sampson, Tom Crean and Bruce Pearl. Other clauses explored include baseball's now outdated reserve clause, termination for cause clauses, morals, force majeure, liquidated damages, hazardous activity, best efforts, best interests …
Exploring Ethical Issues And Examples By Using Sport, Adam Epstein, Bridget Niland
Exploring Ethical Issues And Examples By Using Sport, Adam Epstein, Bridget Niland
Adam Epstein
The purpose of the paper is to offer suggestions to engage your students when arriving at the ethics portion of your business law, legal environment, or sports law course. With due respect given to the classic theory of ethics, the paper offers ethical issues in the context of sport at all levels, including youth sport, interscholastic, intercollegiate, professional and the Olympic Games. Unique topics include sport-related fraud, the use of performance-enhancing drugs and technology, raging parents, running up the score, and whether the myriad of NCAA bylaws genuinely reflect and promote fundamental principles of amateurism, sportsmanship, and education.
Religion And Sports In The Undergraduate Classroom: A Surefire Way To Spark Student Interest, Adam Epstein
Religion And Sports In The Undergraduate Classroom: A Surefire Way To Spark Student Interest, Adam Epstein
Adam Epstein
The purpose of this pedagogical piece is to present an opportunity to discuss religion in the context of sports as a means of generating classroom discussion and prompting extra-curricular reading on topics pertaining to business law primarily at the undergraduate level. A discussion of religion and sports provides one avenue to pursue exploration of the free exercise and establishment clauses. Examples are provided in the intercollegiate, interscholastic and professional sport contexts. The article also provides a brief primer on the First Amendment generally, outlining some of the classic Supreme Court cases. The article then discusses a series of cases involving …
Multi-Level Marketing And Its Brethren: The Legal And Regulatory Environment In The Down Economy, Adam Epstein
Multi-Level Marketing And Its Brethren: The Legal And Regulatory Environment In The Down Economy, Adam Epstein
Adam Epstein
This article explores the legal and regulatory environment of multi-level marketing companies also known as MLM. Legal research is lacking in this area of business law though the regulatory environment involves a combination of federal and state laws including administrative agencies such as the FTC and SEC. In the current down economy, criminal enterprises such as Ponzi schemes have been exposed. MLMs are often compared to Ponzi and pyramid schemes and do share similarities. The article offers that personal responsibility is vital when determining whether to join any MLM in light of the volume of resources available on the internet.
Gambling And Collegiate Athletics, Adam Epstein, Bridget Niland
Gambling And Collegiate Athletics, Adam Epstein, Bridget Niland
Adam Epstein
The article discusses concerns involving intercollegiate sports gambling. It explores the National Collegiate Athletic Association (NCAA) rules known as Bylaws. The article also outlines and explores a history of notable college sports gambling incidents involving individuals and NCAA schools. The article also reviews relevant federal and state laws.
Sports Agent Litigation And The Regulatory Environment, Adam Epstein
Sports Agent Litigation And The Regulatory Environment, Adam Epstein
Adam Epstein
Some of the more important civil and criminal cases involving the litigious history of the sports agent business are discussed. The article provides the fundamentals of the regulatory environment in which sports agents (many of whom are lawyers) operate. While discussion of sports agency is not novel, the collection of major cases coupled with the current state of the regulatory/business environment provides the reader with a solid basis for future consideration or research. The appropriate state and federal laws are explored in detail. The role that the National Collegiate Athletic Association (NCAA) plays in “regulating” sports agents is also discussed.
Incorporating The Criminal Law In Sport Studies, Adam Epstein
Incorporating The Criminal Law In Sport Studies, Adam Epstein
Adam Epstein
The purpose of this article is to provide an outline for teaching the criminal law in a sport studies (or related) course. The article discusses the differences among various crimes and whether physical violence involves legitimate or illegitimate force during a sports contest. Even non-violent (white collar) crimes such as the incident at the University of Toledo demonstrate how the criminal law can weave its way into the legal environment of sport. The article also notes how crimes can be committed in all environments and at all levels: youth sport, recreational activities and leagues, amateur competition and in the professional …
Utilization Of The National Collegiate Athletic Association (Ncaa) Manual As A Teaching Tool, Adam Epstein
Utilization Of The National Collegiate Athletic Association (Ncaa) Manual As A Teaching Tool, Adam Epstein
Adam Epstein
This article provides instructors with some ideas as to how they can incorporate the Division I NCAA Manual into their own course without having to reinvent the wheel. Part I offers a brief history of the NCAA and provides the proper context for the particular provisions of the Manual. Part II focuses on the Manual itself, including discussions of principles and themes found within its borders, the connection of the Manual to traditional legal and sports law topics, and offers examples of some oversights and curious provisions for comic relief.
Sales And Sports Law, Adam Epstein
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.
The Fundamentals Of Teaching Sports Law, Adam Epstein
The Fundamentals Of Teaching Sports Law, Adam Epstein
Adam Epstein
The article lays out the fundamentals of teaching a successful Sports Law course including the subject areas of Sports Agency, Sports Contracts, Sports Torts, Sports Crimes, Title IX Issues, Disabilities in Sports, the use of Performance Enhancing Drugs (PEDs), and so on.
Exploration Of Minimum Age Employment Policies In Professional Sports, Adam Epstein
Exploration Of Minimum Age Employment Policies In Professional Sports, Adam Epstein
Adam Epstein
The purpose of the paper is to explore the minimum age policies of the Big Four sports leagues in the United States (NBA, NFL, MLB and NHL), and discuss the history of their policies. Emphasis is given to the legal battles waged by Spencer Haywood (NBA) and Maurice Clarett (NFL). A discussion of other sports and their minimum age policies is presented as well. The study and history of relevant antitrust law is incorporated as well.
Michigan High Schools Now In Sync, Adam Epstein
Michigan High Schools Now In Sync, Adam Epstein
Adam Epstein
A discussion of the important case involving a decade of litigation involving the Michigan High School Athletic Association (MHSAA) and its insistence that the six girls' sports seasons that did not coincide with the boys' seasons was legal. However, the MHSAA lost its case and high school sports seasons changed beginning fall 2007 to comply with the federal gender-equity law known as Title IX.
Texas Supreme Court Denies Student-Athlete's Property Right Claim, Adam Epstein
Texas Supreme Court Denies Student-Athlete's Property Right Claim, Adam Epstein
Adam Epstein
Discussion of the case involving swimmer Joscelin Yeo and the troubles she faced involving NCAA rules when trying to transfer from UC-Berkeley to UT-Austin between 2000-2001. The decision went to the Texas Supreme Court ruling against her and in support of NCAA transfer rules.
Book Review: Sports Law: Cases, Documents, And Materials, Adam Epstein
Book Review: Sports Law: Cases, Documents, And Materials, Adam Epstein
Adam Epstein
Book Review of Walter T. Champion's 2005 textbook.
The Adea And Sports Law, Adam Epstein
The Adea And Sports Law, Adam Epstein
Adam Epstein
The purpose of this article is to provide insight into age issues in sports law and its relationship to the Age Discrimination in Employment Act of 1967 (ADEA), a federal law. There are a few published decisions involving the ADEA in the sports setting. However, there are some cases involving claims by coaches, support staff and administrators who allege they were terminated unlawfully based upon age discrimination. Part I presents a comprehensive overview of the ADEA including defenses to a claim of age discrimination. Part II offers relevant cases with regard to the ADEA and its evolution including the few …
The Empire Strikes Back: Nfl Cuts Clarett, Sacks Scheindlin, Adam Epstein
The Empire Strikes Back: Nfl Cuts Clarett, Sacks Scheindlin, Adam Epstein
Adam Epstein
The article explores and the litigation history involving former Ohio State University running back Maurice Clarett and his challenge the the NFL draft-eligibility rule. Though Clarett was successful at the U.S. District Court level, the Second Circuit Court of Appeals ruled differently, thereby preventing Clarett from being eligible for the 2004 NFL draft. Though he was drafted the next year (2005), an exploration of the differences between the trial court (Hon. Schendlin) and the appellate court (J. Sotomayor) opinions is quite interesting and relevant in the context of both antitrust and labor law, particularly the mandatory subjects of a collective …
Whistle-Blowing And The Continued Expansion Of Title Ix In Jackson V. Birmingham Board Of Education, Adam Epstein
Whistle-Blowing And The Continued Expansion Of Title Ix In Jackson V. Birmingham Board Of Education, Adam Epstein
Adam Epstein
A study of the history and importance of the 2005 Supreme Court decision that expanded Title IX to include a private right of action for individuals who reveal Title IX violations even though they themselves were not subject to sex discrimination. The case involved Roderick Jackson a high school coach from the Birmingham, Alabama area.