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Entertainment, Arts, and Sports Law Commons™
Open Access. Powered by Scholars. Published by Universities.®
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Articles 1 - 22 of 22
Full-Text Articles in Entertainment, Arts, and Sports Law
Principles Of Contract Law Applied To Entertainment And Sports Contracts: A Model For Balancing The Rights Of The Industry With Protecting The Interests Of Minors, Richard J. Hunter Jr., John H. Shannon
Principles Of Contract Law Applied To Entertainment And Sports Contracts: A Model For Balancing The Rights Of The Industry With Protecting The Interests Of Minors, Richard J. Hunter Jr., John H. Shannon
Richard J Hunter Jr.
This paper discusses the context of common law and statutory materials dealing with a minor who participate in the entertainment and sports fields. The paper describes the changes undertaken as a result of several notorious cases involving prominent child actors and how the California legislature dealt with issues ranging from set asides of income, approval of contracts by a competent court of jurisdiction, recognition of the legitimate interests of all parties to the contract, to principles under which a minor would be precluded from disaffirming a contract. The paper then applies and extends the principles developed in entertainment contracts to …
Brief Of Amici Curiae Antitrust Law Professors In O'Bannon V. Ncaa, Thomas C. Arthur, Amitai Aviram, Edward D. Cavanagh, Jorge L. Contreras, Daniel A. Crane, Susan Beth Farmer, Herbert Hovenkamp, Keith N. Hylton, Michael S. Jacobs, Alan J. Meese, Salil K. Mehra, William H. Page, Gary R. Roberts, D. Daniel Sokol, Alexander Volokh
Brief Of Amici Curiae Antitrust Law Professors In O'Bannon V. Ncaa, Thomas C. Arthur, Amitai Aviram, Edward D. Cavanagh, Jorge L. Contreras, Daniel A. Crane, Susan Beth Farmer, Herbert Hovenkamp, Keith N. Hylton, Michael S. Jacobs, Alan J. Meese, Salil K. Mehra, William H. Page, Gary R. Roberts, D. Daniel Sokol, Alexander Volokh
Faculty Scholarship
On November 21, 2014, 15 professors of antitrust law at leading U.S. universities submitted an amicus brief in the O'Bannon v. NCAA 9th Circuit appeal in support of the NCAA. They have an interest in the proper development of antitrust jurisprudence, and they agree that the court below misapplied the “less restrictive alternative” prong of the rule of reason inquiry for assessing the legality of restraints of trade under Section 1 of the Sherman Act, 15 U.S.C. § 1. They are concerned that the district court’s approach to the antitrust rule of reason, if affirmed, would grant undue authority to …
For The Love Of The Game: The Case For State Bans On Youth Tackle Football, Adam Bulkley
For The Love Of The Game: The Case For State Bans On Youth Tackle Football, Adam Bulkley
University of Michigan Journal of Law Reform Caveat
This football season, millions of Americans enjoying their favorite pastime might feel pangs of a guilty conscience. Years of scientific research into the long-term neurological effects of tackle football and a recent settlement between the National Football League (NFL) and thousands of retired NFL players have made football-related traumatic brain injuries (TBI) a topic of national conversation. Current and former NFL players and even President Obama have participated in the conversation, saying that they would hesitate to let their sons play the game for fear of possible brain injury. Because research has uncovered signs of permanent brain damage in players …
Simply A Dress Rehearsal? U.S. Olympic Sports Arbitration And De Novo Review At The Court Of Arbitration For Sport, Maureen A. Weston
Simply A Dress Rehearsal? U.S. Olympic Sports Arbitration And De Novo Review At The Court Of Arbitration For Sport, Maureen A. Weston
Georgia Journal of International & Comparative Law
No abstract provided.
Intellectual Property, Marathons, And Other Running Events, John C. Zwisler
Intellectual Property, Marathons, And Other Running Events, John C. Zwisler
John C Zwisler
No abstract provided.
Troubled Waters: Diana Nyad And The Birth Of The Global Rules Of Marathon Swimming, Hadar Aviram
Troubled Waters: Diana Nyad And The Birth Of The Global Rules Of Marathon Swimming, Hadar Aviram
Hadar Aviram
On September 3, 2013, Diana Nyad reported having completed a 110-mile swim from Cuba to Florida. The general enthusiasm about her swim was not echoed in the marathon swimming community, whose members expressed doubts about the integrity and honesty of the swim. The community debate that followed gave rise to the creation of the Global Rules of Marathon Swimming, the first effort to regulate the sport. This Article uses the community’s reaction to Nyad’s deviance to examine the role that crime and deviance plays in the creation and modification of legal structures. Relying on Durkheim’s functionalism theory, the Article argues …
A European Solution To America’S Basketball Problem: Reforming Amateur Basketball In The United States, Jaimie K. Mcfarlin, Joshua Lee
A European Solution To America’S Basketball Problem: Reforming Amateur Basketball In The United States, Jaimie K. Mcfarlin, Joshua Lee
Jaimie K. McFarlin
The system of amateur and collegiate basketball in America is flawed, as every year, thousands of young men and women pursue their basketball dreams under the shadow of a multi-million dollar, predatory business model. Integral to telling the history of the NCAA and AAU organizations are recruiting horror stories and other examples of young talents who were taken advantage of by unscrupulous actors, both of which continue today. The commercialization and professionalization of amateur basketball has fed an ecosystem of exploitation in which private actors and institutions capitalize on the American mantra of "amateurism." The European system of amateur athletics …
“Can I Profit From My Own Name And Likeness As A College Athlete?” The Predictive Legal Analytics Of A College Player’S Publicity Rights Vs. First Amendment Rights Of Others, Roger M. Groves
Roger M. Groves
Two federal court decisions during 2013 have changed the game for college students versus the schools, the NCAA and video game makers. This article explores whether for the first time in history these athletes can profit from their own name and likeness and prevent others from doing so. But those cases still leave many untested applications to new facts – facts that the courts have not faced. Particularly intriguing is how 21st Century technology will apply to this area in future litigation. No publicity rights case or article to date has explored the application of predictive analytics, computer programs, algorithms, …
Off-Road Torts: The Difficulties Of Representing A Client Injured Due To Defects In Vehicles Modified For Off-Road Use Or Injured Due To A Dangerous Condition Of The Land., Nicholas Morgan
Nicholas Morgan
No abstract provided.
Breaking Up Is Hard To Do: Examining Whether College Conference Exit Fees Are An Enforceable Form Of Liquidated Damages Clause, Adam T. Kahn
Breaking Up Is Hard To Do: Examining Whether College Conference Exit Fees Are An Enforceable Form Of Liquidated Damages Clause, Adam T. Kahn
Adam T Kahn
No abstract provided.
Title Ix And Baseball: How The Contact Sports Exemption Denies Women Equal Opportunity To America's Pastime, Brittany K. Puzey
Title Ix And Baseball: How The Contact Sports Exemption Denies Women Equal Opportunity To America's Pastime, Brittany K. Puzey
Nevada Law Journal
No abstract provided.
Friend Or Faux: The Trademark Counterfeiting Act's Inability To Stop The Sale Of Counterfeit Sporting Goods, Jennifer Riso
Friend Or Faux: The Trademark Counterfeiting Act's Inability To Stop The Sale Of Counterfeit Sporting Goods, Jennifer Riso
Jennifer Riso
The demand for counterfeit sporting goods, such as jerseys and other apparel, is on the rise as the prices of authentic goods continue to increase. The Trademark Counterfeiting Act of 1984 criminalizes the import and sale of counterfeit goods, but is ineffective at addressing the demand side of counterfeit goods. This paper analyzes the history behind the Act and recommends ways to ensure that the act will stay relevant as technology makes it easier to purchase counterfeit goods.
New Jersey Goes “All In” For Sports Gambling: Examining The Constitutionality Of The Professional And Amateur Sports Protection Act, Tyler W. Mullen
New Jersey Goes “All In” For Sports Gambling: Examining The Constitutionality Of The Professional And Amateur Sports Protection Act, Tyler W. Mullen
Tyler W Mullen
Despite being illegal in all but a handful of U.S. jurisdictions, sports gambling has developed into a multi-million dollar industry. Eager to capitalize on the potential revenues, New Jersey recently challenged the constitutionality of the Professional and Amateur Sports Protection Act (“PASPA”), the federal sports gambling law. PASPA effectively prohibits the vast majority of states from operating or sanctioning sports gambling schemes. However, the particular methods that PASPA uses to achieve this objective raise serious federalism concerns. While the Third Circuit recently rejected New Jersey’s constitutional challenges to PASPA, this Comment argues that the court reached the wrong conclusions on …
Grounding Into A Double Standard: Understanding And Repealing The Curt Flood Act, Brett J. Butz
Grounding Into A Double Standard: Understanding And Repealing The Curt Flood Act, Brett J. Butz
University of Massachusetts Law Review
This note calls for an end to Major League Baseball's statutory exemption from antitrust law for acts that are considered part of the "business of baseball." The Curt Flood Act was a Congressional mistake, the product of years of faulty analysis and absurd holdings by the Supreme Court. This note will explain how the exemption came to fruition, outline the various problems with its inception, and conclude by proposing that Major League Baseball should be subject to antitrust law, just like all other professional sports leagues.
A New First Amendment Goal Line Defense – Stopping The Right Of Publicity Offense, Mark Conrad
A New First Amendment Goal Line Defense – Stopping The Right Of Publicity Offense, Mark Conrad
Mark A. Conrad
The use of images with the recognizable features of former NCAA student-athletes by a digital video firm has resulted in two highly publicized lawsuits by former college players claiming violations of their right of publicity. Thus far, two federal appeals courts – the Third Circuit in Hart v. Electronic Arts and the Ninth Circuit in Keller v. Electronic Arts -- have refused to dismiss their claims, concluding that the use of the player images constitute a valid cause of action. While their actions have garnered sympathy among the public and many scholars, it is the author’s contention that both lawsuits …
Bias In The College Football Playoff Selection Process: If The Devil Is In The Details, That's Where Salvation May Be Found, Matthew M. Heekin, Bruce W. Burton
Bias In The College Football Playoff Selection Process: If The Devil Is In The Details, That's Where Salvation May Be Found, Matthew M. Heekin, Bruce W. Burton
Matthew M. Heekin
After sixteen years, the Bowl College Series (“BCS”) format for selecting a national college football champion has ended. Beginning in 2014, the BCS format will be replaced by the College Football Playoff (“CFP”) format. Unlike the BCS, which utilized a formula comprised of two human polls and one computer generated poll to match the number one ranked college football team against the number two ranked team, the CFP utilizes a four team playoff in post-season play. Without quantified standards or computer input, a CFP selection committee comprised of thirteen people will annually select four finalists to participate in two semi-final …
Applying The Non-Profit Duty Of Obedience In Litigation: Penn State, Paterno, Student-Athletes, & The Ncaa, Joseph M. Long
Applying The Non-Profit Duty Of Obedience In Litigation: Penn State, Paterno, Student-Athletes, & The Ncaa, Joseph M. Long
Joseph M Long
The fiduciary duty of obedience standard for non-profit leaders may offer a means to either externally challenge or internally refocus the decision-making of the NCAA leadership. The duty of obedience standard, as a tool in litigation, has been infrequently used. Nevertheless, a duty of obedience claim, if brought by the proper party, can complement or enhance an antitrust claim. As this paper will show, NCAA antitrust arguments often consider whether the NCAA has promoted amateur intercollegiate athletic competition. These arguments focus upon the NCAA’s mission statement and purpose. Since the mission statement is already a component of the antitrust litigation, …
The Court Of Arbitration For Sport And Its Global Jurisprudence: International Legal Pluralism In A World Without National Boundaries, Matthew J. Mitten
The Court Of Arbitration For Sport And Its Global Jurisprudence: International Legal Pluralism In A World Without National Boundaries, Matthew J. Mitten
Matt Mitten
This article considers an issue of global importance that has received little scholarly attention: whether the Court of Arbitration for Sport (CAS), whose developing body of lex sportiva is a form of international legal pluralism, provides an appropriate level of procedural fairness and substantive justice to the world’s athletes, who are subject to its jurisdiction as a condition of their participation in Olympic and international sports competition. It provides an overview of the CAS arbitration system and the very limited scope of national judicial review of its arbitration awards decisions. It concludes that the CAS is a procedurally fair private …
Dmca: Professional Sports Leagues' Answer To Protecting Their Broadcasting Rights Against Illegal Streaming, Stephanie N. Horner
Dmca: Professional Sports Leagues' Answer To Protecting Their Broadcasting Rights Against Illegal Streaming, Stephanie N. Horner
Marquette Sports Law Review
No abstract provided.
After The Arbitration Award: Not Always Final And Binding, Jay E. Grenig
After The Arbitration Award: Not Always Final And Binding, Jay E. Grenig
Marquette Sports Law Review
No abstract provided.
Michael Sam And The Nfl Locker Room: How Masculinities Theory Explains The Way We View Gay Athletes, Lisa A. Mazzie
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.
Your Coach Is Watching: Can A High School Regulate Its Student-Athletes' Use Of Social Media?, Lauren E. Rosenbaum
Your Coach Is Watching: Can A High School Regulate Its Student-Athletes' Use Of Social Media?, Lauren E. Rosenbaum
Marquette Sports Law Review
No abstract provided.