Entertainment, Arts, and Sports Law Commons^™

Disqualifying Conduct: How Failure To Regulate The United States Olympic Committee Enables Athlete Abuse, Allison Berquist

Journal of the National Association of Administrative Law Judiciary

In the aftermath of the USA Gymnastics Scandal, Congress passed the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017 and Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020 to protect athletes from abuse. This comment examines how years of unregulated Olympic Sport controlled by the United States Olympic and Paralympic Committee (USOPC) created systems that make young athletes vulnerable to abuse. Part I provides a background of the Olympic Movement, specifically detailing events and legislation that prompted recent legislation. Part II describes the Safe Sport Authorization Act of 2017 and Empowering Olympic, Paralympic, and …

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 …

The Supreme Court Gets The Ball Rolling: Ncaa V. Alston And Title Ix, Arianna Banks

Northwestern University Law Review

Student-athlete compensation has been a consistent topic of controversy over the past few years, as critics question the legitimacy of the NCAA’s notion of amateurism and proponents favor the status quo. The Supreme Court decision in NCAA v. Alston has only served to intensify the debate, opening the door to alternative compensation structures. Despite a unanimous ruling in favor of the athletes, the limited holding of the case has only produced further questions. In his scathing concurrence, Justice Kavanaugh raises one such question: how does a student-athlete compensation structure comply with Title IX? This Comment seeks to address that question …

What's Wrong With The Ncaa's New Transgender Athlete Policy?, Erin Buzuvis

William & Mary Journal of Race, Gender, and Social Justice

In 2022, the NCAA changed its long-standing policy permitting transgender athletes to participate in teams that correspond to their affirmed gender. For twelve years, the NCAA permitted transgender women to participate in women’s sports events under NCAA control, so long as they first underwent a year of androgen suppression. Starting in 2020, however, a political movement to ban transgender women and girls from competing in women’s sport, galvanized by backlash against a single collegiate swimmer, has challenged NCAA’s inclusive approach. Rather than demonstrate leadership and support for rights of transgender women to compete, the NCAA revised its policy to one …

Title Ix's Trans Panic, Deborah L. Brake

William & Mary Journal of Race, Gender, and Social Justice

Sport has long been a site of struggle over competing conceptions of social justice, with no cultural flashpoint more contested than gender. A key site of contention has been the meaning and application of Title IX. With June of 2022 marking the law’s fiftieth anniversary, Title IX has been lauded as the law that launched girls’ and women’s sports from the shadows to their present, more celebrated posture. As these anniversary tributes often emphasize, female athletic participation has soared to new heights in all levels of sports. But Title IX also houses tensions and dilemmas for gender justice that were …

Assessing The Racial Implications Of Ncaa Academic Measures, Timothy Davis

William & Mary Journal of Race, Gender, and Social Justice

In 1983, the NCAA’s adoption of heightened initial eligibility standards for incoming intercollegiate athletes was met with applause and criticism. Proponents lauded the measure as a legitimate means of restoring academic integrity within intercollegiate athletics. Opponents questioned whether seemingly racially neutral eligibility standards had a disproportionately negative impact on African American athletes. It is against this backdrop that the Article examines the racial implications of the NCAA’s past and present academic standards.

These standards consist of initial eligibility rules, progress-toward-degree requirements, the graduation success rate, and academic progress rate, the latter two of which comprise the NCAA’s Academic Performance Program. …

Title Ix In Historical Context: 50 Years Of Progress And Political Gamesmanship, Helen Drew, Marissa Egloff, Josie Middione

William & Mary Journal of Race, Gender, and Social Justice

On the fiftieth anniversary of Title IX, it is important to recognize both its historic nature and how it has evolved in political and social context. This Article will begin by examining the history of women’s athletics pre–Title IX, focusing on what activities women participated in, why, and how societal norms shaped their ability to do so. Next, the Article will examine the status of women’s athletic opportunities as Title IX was first proposed, with an emphasis upon its nexus to the women’s rights movement and the Equal Rights Amendment initiative. The Article will then provide historical background for key …

The Employment Status Of The Twenty-First Century Ncaa Collegiate Athlete: An Evaluation Of The Fair Labor Standards Act And The National Labor Relations Act, Danielle L. Kennebrew

DePaul Journal of Sports Law

Many individuals believe that the twenty-first century NCAA collegiate athlete should not be classified as an employee of their respective universities due to the longstanding tradition of amateurism governing collegiate athletics. However, such a proposition does not analysis the statutory test articulated by the Fair Labor Standards Act (FLSA) and the National Labor Relations Act (NLRA) when determining a worker’s employment statues. Upon review of the economic realities test utilized by the FLSA and the common-law agency test utilized by the NLRB, there are strong arguments for collegiate athletes holding employee status resulting from the compensation they receive in the …

Ball Never Lies: How Guaranteed Contracts Provide Nba Players More Security Than Nfl Players To Advocate For Social Justice, Matthew Epstein

University of Colorado Law Review

No abstract provided.

Instagram Issues: Why Professional Sports Leagues Need To Reconsider How Photography And Copyrights Are Governed, Anthony Studnicka

DePaul Journal of Sports Law

Playing sports is not the only way professional athletes generate income. In recent years, athletes have taken a deliberate approach towards building their personal brands to increase the value of their potential marketing and endorsement opportunities. The more known, liked, and marketable an athlete is, the greater their income potential.

Athletes can increase their marketability by eliciting and creating positive interactions with fans on social media. For example, when LeBron James decides to take to Instagram and post a photograph, many fans will view it and it will garner significant engagement. However, can LeBron post whatever image of himself he …

All Bets Are Off: Preempting Major League Baseball’S Monopoly On Sports Betting Data, Beatrice Lucas

Washington Law Review

Major League Baseball is in the process of collectivizing data used in sports betting. This could be exempt from antitrust scrutiny if the conduct falls within the “business of baseball.” Such an exemption raises the question of whether collecting official league data is sufficiently attenuated from the “business of baseball” to be subject to antitrust law, and if so, whether MLB violates the Sherman Act by excluding competitors from the league data market. This Comment makes a two-fold argument. First, it argues that the “business of baseball” should be constrained to cover activities directly linked to putting on baseball games. …

How The Holding In Dent V. National Football League Tackles Collective Bargaining Agreements, Nairi Dulgarian

Loyola of Los Angeles Entertainment Law Review

In 2014, a group of retired professional football players sued the National Football League (“NFL”), claiming that the league distributed con- trolled substances and prescription drugs to them in violation of state and federal laws. The trial court ruled that the players’ state law claims are preempted by section301 of the Labor Management Relations Act (“LMRA”), and that the players should instead follow the arbitration procedures set out in the agreed upon collective bargaining agreement. However, the Ninth Circuit reversed the NFL’s motion to dismiss on the grounds that the players’ claims are not preempted by section 301. Ultimately, the …

The Flsa And The Ncaa's Potential Terrible, Horrible, No Good, Very Bad Day, Sam Ehrlich

Loyola of Los Angeles Entertainment Law Review

The NCAA is at a crossroads with student-athlete compensation. Over the past few decades, the NCAA and its partners have faced lawsuits from several different angles with essentially one consistent argument: Student-athletes deserve to be compensated for what they provide to colleges and universities.

In two such lawsuits—Dawson v. NCAA and Livers v. NCAA—the plaintiffs have attempted a new strategy: arguing that revenue sport student- athletes are employees under the Fair Labor Standards Act (“FLSA”). These cases have gained some traction, and the distinctive protections granted to employees under the FLSA present unique challenges worth exploring.

This Article analyzes the …

Kentucky And Sports Law, Adam Epstein

Marquette Sports Law Review

None

A 2016 Copa America Bump For Major League Soccer? Strengthening The Case For Legal Action Arising From The Corrupted 2022 World Cup Bid, Jeff Todd, R. Todd Jewell

William & Mary Business Law Review

Governmental and private investigations have generated evidence of corruption in the bidding process to host the 2022 FIFA World Cup, which went to Qatar rather than the United States. One economic study has shown an increase in professional soccer attendance in European countries that host the World Cup and the European Championships. Accordingly, Major League Soccer and its investor-operators could pursue tort and unfair competition claims to argue that denial of a 2022 World Cup USA will result in lowered attendance, and thus lost profits and diminished business value. Key differences in American and European soccer leagues and sports markets …

Is The Ncaa Finally Loosening Its Iron Grip On College Basketball By Allowing Underclassmen The Opportunity To Return To College After Declaring For The Nba Draft?, Neil Patel

The Journal of Business, Entrepreneurship & the Law

The National Collegiate Athletic Association (NCAA) Oversight Committee has proposed a new rule that allows undergraduate college basketball players to reject the National Basketball Association (NBA) and return to school after they have submitted their name for the draft. This rule represents a great change in the policies that regulate college sports, specifically college basketball. The NCAA has ruled college basketball with an iron fist, but with this new proposal, it seems that it is beginning to help our college athletes sustain some semblance of a normal life after their playing days are over. Importantly, the rule is merely a …

Ecological Economics And Sport Stadium Public Financing, Christopher M. Mcleod, John T. Holden

William & Mary Environmental Law and Policy Review

Given the recent importance that sport organizations, academics, and the public have placed on environmental sustainability this Article introduces the study of ecological economics—founded upon Nicholas Georgescu-Roegen’s application of thermodynamics to economics—to legal perspectives on public financing. The authors argue that the economic growth limits implied by thermodynamic principles should be incorporated in the public financing of sport stadiums. More specifically, municipalities can require facilities receiving public financing to produce environmental cost accounting reports and to make them publically available.

Sports Law In Law Reviews And Journals, Krista D. Brown

Marquette Sports Law Review

None.

Leveling The Playing Field Among The Nfl, Clubs, And Players--By Amending The Employee Retirement Income Security Act, Alicia J. Anderson

Marquette Sports Law Review

No abstract provided.

Crowdfunding And Sport: How Soon Until The Fans Own The Franchise?, Edward A. Fallone

Marquette Sports Law Review

No abstract provided.

The Disappearance Of A Dinosaur: Reassignment Clauses Are Losing Their Footing In College Coaches' Contracts, Martin J. Greenberg, Brandon Leibsohn

Marquette Sports Law Review

No abstract provided.

After The Arbitration Award: Not Always Final And Binding, Jay E. Grenig

Marquette Sports Law Review

No abstract provided.

China And Cas (Court Of Arbitration For Sport), Shuli Guo

Marquette Sports Law Review

No abstract provided.

Sports Law In Law Reviews And Journals, Sarah M. Sharrar

Marquette Sports Law Review

No abstract provided.

Fumbling Away The Season: Will The Expiration Of The Nfl-Nflpa Cba Result In The Loss Of The 2011 Season?, Jeffrey F. Levine, Bram A. Maravent

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Multiemployer Bargaining, Antitrust Law, And Team Sports: The Contingent Choice Of A Broad Exemption, Michael C. Harper

William & Mary Law Review

No abstract provided.