Entertainment, Arts, and Sports Law Commons^™

Gamechanger: Ncaa Student-Athlete Likeness Litigation And The Future Of College Sports, Maureen A. Weston Prof.

Maureen A Weston

In re NCAA Student-Athlete Name & Likeness Licensing Litigation is a consolidated lawsuit that arose principally from two federal lawsuits filed in California in 2009 against the NCAA, EA, and the CLC: Keller v. Electronic Arts, Inc., and O’Bannon v. National Collegiate Athletic Ass’n. These cases attack the practice of using the names, images, and likenesses (NIL) of student-athletes in broadcasts and rebroadcasts of games, DVDs, photos, video games, etc., without compensation to the athletes. This Article examines the implications of the challenges raised in In re NCAA Student-Athlete Name & Likeness Licensing Litigation on the future of amateurism, the …

Doping Control, Mandatory Arbitration, And Process Dangers For Accused Athletes In International Sports , Maureen A. Weston

Maureen A Weston

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 …

Anatomy Of The First Public International Sports Arbitration And The Future Of Public Arbitration After Usada V. Floyd Landis, Maureen A. Weston Prof.

Maureen A Weston

Mere weeks after American professional cyclist Floyd Landis seemingly won the 2006 Tour de France, the United States Anti-Doping Association (USADA), under the authority granted to it by the U.S. Congress, and through its enforcement of the World Anti-Doping Code (WADC), accused him of having committed doping violations during the race. Landis vehemently denied these allegations, and accused the French laboratory that had performed the testing of his post-race samples, the Laboratoire National du Depistage du Dopage (LNDD), of bias and misconduct in his case.

Under USADA rules, an American athlete accused of doping may request an arbitration hearing before …

The Other Avenues Of Hall Street And Prospects For Judicial Review Of Arbitral Awards, Maureen A. Weston Prof.

Maureen A Weston

In Hall Street Associates, L.L.C. v. Mattel, Inc., the U.S. Supreme Court held that the Federal Arbitration Act (FAA) provided the exclusive grounds for judicial vacatur and modification of arbitral awards covered under the Act. In so ruling, the Court rejected the contention that the FAA’s requirement to enforce arbitration contracts as written includes private contracts that seek to expand the scope of judicial review beyond the grounds enumerated in the FAA. Despite holding that parties cannot expand a court’s power to review an arbitration award under the FAA, the Court alluded to the possibility of “other possible avenues” for …

Simply A Dress Rehearsal? U.S. Olympic Sports Arbitration And De Novo Review At The Court Of Arbitration For Sport, Maureen A. Weston Prof.

Maureen A Weston

This article discusses issues that can arise when American atheletes attempt to deal with the web of national and international dispute resolution procedures and the emerging lex sportiva, which govern international sports. Specifically, it examines the reasons why the American court system cannot assist American athletes who submit to international sports dispute resolution procedures. Congress has designated the United States Olympic Committee (USOC) as the domestic organization that handles disputes involving Olympic-eligible American athletes. If the USOC declares an athlete ineligible or hands down some other sanction, the case can be submitted to the American Arbitration Association (AAA), the tribunal …

The Fantasy Of Athlete Publicity Rights: Public Fascination And Fantasy Sports' Assertion Of Free Use Place Athlete Publicity Rights On An Uncertain Playing Field, Maureen A. Weston Prof.

Maureen A Weston

This Comment examines the treatment of athlete publicity rights in the context of fantasy sports as well as new media uses. Part I examines cases where athlete publicity rights have been recognized and rejected. Part II focuses upon fantasy sports' challenge to player publicity rights in C.B.C. Distribution & Marketing, Inc. v. Major League Baseball Advanced Media, L.P. In C.B.C, both the federal district court and Eighth Circuit Court of Appeals upheld, albeit for different reasons, the unlicensed use of player names and statistics by a fantasy sports provider in the online games that C.B.C. sells to the public. Part …

The Intersection Of Sports And Disability: Analyzing Reasonable Accommodations For Athletes With Disabilities, Maureen A. Weston Prof.

Maureen A Weston

When thinking about athletes participating in competitive or organized sports, typically the public rarely contemplates the inclusion of players with medical impairments or other physical, mental, and learning disabilities. Yet many athletes with disabilities, whether visible or hidden, have achieved success in both amateur and professional sports. The rights of athletes with medical impairments or disabilities to participate in competitive sports are also increasingly controversial. Because of a medical impairment or disability, some athletes cannot satisfy certain eligibility requirements set by the governing sporting organizations or they need accommodation in order to participate. Athletes who have been effectively excluded from …

Reexamining Arbitral Immunity In An Age Of Mandatory And Professional Arbitration, Maureen A. Weston Prof.

Maureen A Weston

In the past ten to twenty years, the use of arbitration as a form of private dispute resolution has proliferated as a result of mandatory predispute and form arbitration contracts between corporate entities and their customers, patients, or employees. This increase has spawned a market for professional private arbitrators and an industry of private businesses that provide arbitration support and administrative services (provider institutions). Under the doctrine of arbitral immunity, both arbitrators and provider institutions are immune from civil liability. The result of this immunity, however, is that parties injured by arbitral misconduct have limited recourse and no effective remedy. …

Academic Standards Or Discriminatory Hoops? Learning-Disabled Student-Athlete And The Ncaa Initial Academic Eligibility Requirements, Maureen A. Weston Prof.

Maureen A Weston

This Article explores the impact of federal disability laws on the NCAA's authority to apply its initial academic eligibility requirements to learning-disabled student-athletes. Part II provides an overview of the three primary federal laws governing students with learning disabilities. Part III describes the NCAA and the standards and processes it employs to determine freshman eligibility for athletic scholarships and participation in intercollegiate sports. Part IV tracks the judicial responses to litigation brought by students with learning disabilities challenging the NCAA eligibility criteria under the ADA. Part V analyzes the ADA's application to the NCAA and identifies specific instances in which …