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Full-Text Articles in Entertainment, Arts, and Sports Law

Are The Green Bay Packers Socialists?, Matthew J. Parlow, Anne-Louise Mittal Dec 2014

Are The Green Bay Packers Socialists?, Matthew J. Parlow, Anne-Louise Mittal

Matthew Parlow

The Green Bay Packers are an oft-misunderstood organization — not in the decisions that the Packers make, but in their legal status and structure. Scholars, commentators, and even the general public refer to the Packers as “community-owned.” While this characterization is true — to a degree — the specifics of this unique ownership structure in professional sports have never been comprehensively documented and analyzed. Perhaps this is the reason that some political pundits have termed the Packers “socialists.” However, such commentators also seem to not fully appreciate the historical development, and contemporary understanding, of this social, economic, and political ideology. …


The Nba And The Great Recession: Implications For The Upcoming Collective Bargaining Agreement Renegotiation, Matthew J. Parlow Dec 2014

The Nba And The Great Recession: Implications For The Upcoming Collective Bargaining Agreement Renegotiation, Matthew J. Parlow

Matthew Parlow

Like most businesses, the National Basketball Association (NBA) has suffered significant negative impacts from the Great Recession. The league's drop in revenue exposed distinct flaws in the NBA's current business model and in the terms of employment for NBA players. Due to the precarious economic state of the NBA, the league anticipates a contentious, but necessary, renegotiation of the NBA's collective bargaining agreement (CBA), which will expire at the end of the 2010-11 season. This article will analyze the effects of the Great Recession on the NBA and the likely implications for the renegotiation of the CBA. Part II of …


Panel I: The Future Of Sports Television, Ronald Cass, Mark Abbott, Irwin Kishner, Brad Ruskin Feb 2014

Panel I: The Future Of Sports Television, Ronald Cass, Mark Abbott, Irwin Kishner, Brad Ruskin

Ronald A. Cass

No abstract provided.


Lessons From The Nba Lockout: Union Democracy, Public Support, And The Folly Of The National Basketball Players Association, Matthew J. Parlow Dec 2013

Lessons From The Nba Lockout: Union Democracy, Public Support, And The Folly Of The National Basketball Players Association, Matthew J. Parlow

Matthew Parlow

By most accounts, the National Basketball Players Association (NBPA) — the union representing the players in the NBA — conceded a significant amount of money and other contractual terms in the new ten-year collective bargaining agreement (2011 Agreement) that ended the 2011 NBA lockout. Player concessions were predictable because the NBA’s economic structure desperately needed an overhaul. The magnitude of such concessions, however, was startling. The substantial changes in the division of basketball-related income, contract lengths and amounts, salary cap provisions, and revenue sharing rendered the NBA lockout — and the resulting 2011 Agreement — a near-complete victory for the …


Competitive Entertainment: Implications Of The Nfl Lockout Litigation For Sports, Theatre, Music, And Video Entertainment, Henry H. Perritt Jr. Dec 2011

Competitive Entertainment: Implications Of The Nfl Lockout Litigation For Sports, Theatre, Music, And Video Entertainment, Henry H. Perritt Jr.

Henry H. Perritt, Jr.

The 2011 NFL lockout reveals profound changes in the labor and product markets for the entire entertainment industry, driven by a revolution in technology. This article explores the revolution in the professional sports, theatre, and movie-making industries and concludes that it is fragmenting production, blurring the boundaries between labor markets and product markets, and introducing new forms of competition. As a result, the labor exemptions to the antitrust laws, which featured prominently in the NFL controversy are becoming less relevant, shifting the law's policing of competition to antitrust rule-of-reason analysis, where counterpoises such as labor unions are inactive, and making …


Professional Sports League Commissioners' Authority And Collective Bargaining, Matthew J. Parlow Dec 2009

Professional Sports League Commissioners' Authority And Collective Bargaining, Matthew J. Parlow

Matthew Parlow

With the National Basketball Association (NBA) and National Football League (NFL) collective bargaining agreements set to expire within the next two years, many experts are already predicting what changes may be made to both leagues’ governing labor documents. One likely point of contention between the owners and the players’ unions — though rarely discussed in the experts’ predictive discourse — is the power of the respective league commissioners to punish or discipline wayward players for misbehavior committed off of the court or field. This article will analyze this area of sports law by exploring this power of each league’s sports …


Off-Court Misbehavior: Sports Leagues And Private Punishment, Janine Young Kim, Matthew J. Parlow Dec 2008

Off-Court Misbehavior: Sports Leagues And Private Punishment, Janine Young Kim, Matthew J. Parlow

Janine Kim

This Essay examines how professional sports leagues address (apparently increasing) criminal activity by players off of the field or court. It analyzes the power of professional sports leagues and, in particular, the commissioners of those leagues, to discipline wayward athletes. Such discipline is often met with great controversy - from players’ unions and commentators alike - especially when a commissioner invokes the “in the best interest of the sport” clause of the professional sports league’s constitution and bylaws. The Essay then contextualizes such league discipline in criminal punishment theory - juxtaposing punishment norms in public law with incentives and rationales …


Off-Court Misbehavior: Sports Leagues And Private Punishment, Matthew J. Parlow, Janine Young Kim Dec 2008

Off-Court Misbehavior: Sports Leagues And Private Punishment, Matthew J. Parlow, Janine Young Kim

Matthew Parlow

This article examines how professional sports leagues address (apparently increasing) criminal activity by players off of the field or court. It analyzes the power of professional sports leagues and, in particular, the commissioners of those leagues, to discipline wayward athletes. Such discipline is often met with great controversy - from players’ unions and commentators alike - especially when a commissioner invokes the “in the best interest of the sport” clause of the professional sports league’s constitution and bylaws. The article then contextualizes such league discipline in criminal punishment theory - juxtaposing punishment norms in public law with incentives and rationales …


Internationalization In College Sports: Issues In Recruiting, Amateurism, And Scope, Maureen A. Weston Prof. Dec 2005

Internationalization In College Sports: Issues In Recruiting, Amateurism, And Scope, Maureen A. Weston Prof.

Maureen A Weston

This article examines the impact of international student-athletes ("ISAs") participating in intercollegiate athletics in the United States. Particularly in certain collegiate sports, the predominance, and frankly, the competitive success of ISAs-both men and women-is gaining the attention, and, in some cases, the concern, of college coaches, players, parents of junior players, member institutions, fans, and commentators. A primary concern is whether many of the ISAs, coming from varied education and athletic programs, are properly evaluated in meeting the academic and amateur eligibility standards set by the National Collegiate Athletic Association (NCAA). Many ISAs are also on athletic scholarships, and, as …


The Intersection Of Sports And Disability: Analyzing Reasonable Accommodations For Athletes With Disabilities, Maureen A. Weston Prof. Dec 2004

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 …