Open Access. Powered by Scholars. Published by Universities.®
Entertainment, Arts, and Sports Law Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Rights and Discrimination (14)
- Antitrust and Trade Regulation (13)
- Education Law (11)
- Labor and Employment Law (8)
- Law and Gender (6)
-
- Intellectual Property Law (4)
- Organizations Law (3)
- Social and Behavioral Sciences (3)
- Business (2)
- Constitutional Law (2)
- Criminal Law (2)
- Disability Law (2)
- Sports Studies (2)
- Torts (2)
- African American Studies (1)
- Agency (1)
- Arts and Humanities (1)
- Business Organizations Law (1)
- Communications Law (1)
- Contracts (1)
- Education (1)
- Educational Administration and Supervision (1)
- Food and Drug Law (1)
- Fourteenth Amendment (1)
- Gaming Law (1)
- Gaming and Casino Operations Management (1)
- Higher Education Administration (1)
- Hospitality Administration and Management (1)
- Institution
-
- Villanova University Charles Widger School of Law (18)
- University of Miami Law School (7)
- Pepperdine University (6)
- University of Michigan Law School (5)
- Maurer School of Law: Indiana University (4)
-
- Pace University (4)
- Selected Works (3)
- Washington and Lee University School of Law (3)
- Florida A&M University College of Law (2)
- Marquette University Law School (2)
- Penn State Law (2)
- University of Massachusetts Boston (2)
- West Virginia University (2)
- Western New England University School of Law (2)
- Campbell University School of Law (1)
- Cleveland State University (1)
- Fordham Law School (1)
- Northwestern Pritzker School of Law (1)
- Notre Dame Law School (1)
- Roger Williams University (1)
- SelectedWorks (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Nevada, Las Vegas (1)
- Vanderbilt University Law School (1)
- William & Mary Law School (1)
- Publication Year
- Publication
-
- Jeffrey S. Moorad Sports Law Journal (18)
- University of Miami Entertainment & Sports Law Review (6)
- Pepperdine Law Review (5)
- Indiana Law Journal (4)
- Pace Intellectual Property, Sports & Entertainment Law Forum (3)
-
- Washington and Lee Law Review (3)
- Faculty Scholarship (2)
- Journal Articles (2)
- Journal Publications (2)
- Marquette Sports Law Review (2)
- Stephen F Ross (2)
- Trotter Review (2)
- University of Michigan Journal of Law Reform (2)
- West Virginia Law Review (2)
- Articles (1)
- Books (1)
- Campbell Law Review (1)
- Elliot S Rozenberg (1)
- Fordham Intellectual Property, Media and Entertainment Law Journal (1)
- Law Faculty Articles and Essays (1)
- Life of the Law School (1993- ) (1)
- Maryland Law Review (1)
- Maureen A Weston (1)
- Michigan Business & Entrepreneurial Law Review (1)
- Michigan Journal of Gender & Law (1)
- Northwestern University Law Review (1)
- Pace Law Review (1)
- The Journal of Business, Entrepreneurship & the Law (1)
- UNLV Theses, Dissertations, Professional Papers, and Capstones (1)
- University of Miami Law Review (1)
- Publication Type
Articles 1 - 30 of 73
Full-Text Articles in Entertainment, Arts, and Sports Law
Forget About Ferpa: How Foia Protects Student-Athlete Privacy In The Nil Era, Kamron Cox
Forget About Ferpa: How Foia Protects Student-Athlete Privacy In The Nil Era, Kamron Cox
Vanderbilt Journal of Entertainment & Technology Law
The start of the name, image, and likeness (NIL) era stirred public fervor about the new earning potential of high-profile student-athletes. Since institutional policies and state laws governing NIL require student-athletes to broadly disclose information about their NIL activities to their respective institutions, the several state laws that follow the approach of the federal Freedom of Information Act (FOIA) can jeopardize the privacy of student-athlete NIL information. Major universities have repeatedly resorted to the unreliable defense of the Family Educational Rights and Privacy Act as well as sporadic state legislation to protect student-athlete privacy in the new NIL space. However, …
The Death Of Amateurism In The Ncaa: How The Ncaa Can Survive The New Economic Reality Of College Sports, Claire Haws
The Death Of Amateurism In The Ncaa: How The Ncaa Can Survive The New Economic Reality Of College Sports, Claire Haws
Michigan Business & Entrepreneurial Law Review
In October 2019, the National Collegiate Athletic Association (NCAA) announced it would be making a major change to its rules: student-athletes would soon be permitted to receive compensation for the use of their name, image and likeness (NIL). The announcement came in response to an increasing volume of state legislation allowing for student-athlete NIL compensation. On July 1, 2021, student-athletes finally had the opportunity to receive NIL benefits as the NCAA’s interim NIL policy went into effect. This change represents a nail in the coffin for traditional notions of amateurism.
For decades, the NCAA defended its rules from antitrust challenges …
The Future Of College Sports After Alston: Reforming The Ncaa Via Conditional Antitrust Immunity, Nathaniel Grow
The Future Of College Sports After Alston: Reforming The Ncaa Via Conditional Antitrust Immunity, Nathaniel Grow
William & Mary Law Review
In June 2021, a unanimous U.S. Supreme Court issued its eagerly anticipated decision in National Collegiate Athletic Association v. Alston, ruling for the first time that NCAA rules governing student-athlete eligibility are subject to full scrutiny under federal antitrust law. Although the immediate impact of the Alston decision was rather modest—merely requiring the NCAA to allow its schools to compete by offering prospective players education-related benefits such as laptop computers and stipends for future graduate-level study—the Court hinted that it was prepared to extend the logic of this ruling much further, calling into question the legality of the NCAA’s …
The Dawn Of A New Era: Antitrust Law Vs. The Antiquated Ncaa Compensation Model Perpetuating Racial Injustice, Amanda L. Jones
The Dawn Of A New Era: Antitrust Law Vs. The Antiquated Ncaa Compensation Model Perpetuating Racial Injustice, Amanda L. Jones
Northwestern University Law Review
Two crises in 2020 fueled the fire underlying a debate that has been smoldering for years: whether student athletes should be compensated. The COVID-19 pandemic coincided with the Black Lives Matter movement and drew unprecedented attention to systemic racism permeating society, including college sports that rely disproportionately on Black men risking physical harm to support an entire industry. The Supreme Court’s decision in NCAA v. Alston opened the door for some athletic conferences to offer student athletes unlimited education-related benefits and called out the NCAA’s business model that relies on not paying student athletes under the justification of amateurism. Alston …
I.R.C. § 4960'S Impact On College Sports: In Light Of Irs Guidance Certain Universities Will Need To Engage In Tax Planning, Karla M. Nettleton
I.R.C. § 4960'S Impact On College Sports: In Light Of Irs Guidance Certain Universities Will Need To Engage In Tax Planning, Karla M. Nettleton
Marquette Sports Law Review
No abstract provided.
Compensation Is All-American: Former College Football Star Chris Spielman’S Case Against His Alma Mater And How It Could Affect The Ncaa’S Amateurism Rules, Jason Mcintyre
Pace Law Review
The lawsuit, Spielman v. IMG College, arose when Ohio State University (“OSU”) entered into a marketing deal through their marketing agency, IMG College (“IMG”), with corporations Honda Motor Co. (“Honda”) and Nike USA Inc. (“Nike”), to hang banners depicting images of former college athletes at school sporting events. Charles “Chris” Spielman, the named Plaintiff and former NCAA football player at OSU, brought this lawsuit because he claims that OSU and IMG unreasonably and illegally restrained trade by denying him the right to profit from his name, image, and likeness.
This case plays a role in the ongoing conversation of whether …
Teaching Ethics With Sports: Recent Developments, Adam Epstein, Barbara Osborne
Teaching Ethics With Sports: Recent Developments, Adam Epstein, Barbara Osborne
Marquette Sports Law Review
None
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 …
How Organizing Collegiate Student-Athletes Under The National Labor Relations Act With The Ncaa As A Joint Employer Can Lead To Significant Changes To The Student-Athlete Compensation Rules, Andrew Gruna
Pace Intellectual Property, Sports & Entertainment Law Forum
This paper will provide an overview of how National Labor Relations Board cases of Northwestern University and Browning Ferris combined with the analysis presented in the National Labor Relations Board General Counsel Memorandum GC 17-01: General Counsel’s Report on the Statutory Rights of University Faculty and Students in the Unfair Labor Practice Context could impact the laws behind unionization, the contracts of university athletes, and, ultimately through contract negotiations, reintroduce the discussion regarding compensation of student-athletes.
Expanding The Sports Broadcasting Act Of 1961 To College Athletics, Kelsey Pincket
Expanding The Sports Broadcasting Act Of 1961 To College Athletics, Kelsey Pincket
Pace Intellectual Property, Sports & Entertainment Law Forum
This Note will begin by exploring the history and evolution of antitrust law surrounding sport including the limited application of the Sports Broadcasting Act. An introduction of the Sports Broadcasting Act and a discussion of the portions of the act that are in need of more inclusive language will follow. This Note will then examine the current competitive imbalance in collegiate athletics and emphasize the Supreme Court’s recognition as to the importance of maintaining competitiveness in the NCAA. Finally, the expansion of Sports Broadcasting Act through explicit regulation to immunize the NCAA, as one league with a single unity of …
The Oxford Handbook Of American Sports Law, Edmund P. Edmonds
The Oxford Handbook Of American Sports Law, Edmund P. Edmonds
Books
Book Chapter
Ed Edmonds, Athlete Representation, in The Oxford Handbook of American Sports Law (Michael A. McCann, ed. 2017).
The sports agent performs a critical function as an intermediary between management and athletes by handling contract negotiations, endorsements, financial planning, and other associated activities. This chapter provides a history of athlete representation beginning in the 1920s with the efforts of Christy Walsh and Charles C. Pyle through the increased role of players associations during the final third of last century. In the 1980s, professional associations and state legislatures launched efforts to regulate agent behavior as a reaction to evidence of …
Ncaa – An Overview Of Socioeconomic Status’S Impact On College Athletes, And The Regulations And Impact That Can Revolutionize The Amateurism World, Bryan Kelly
Pace Intellectual Property, Sports & Entertainment Law Forum
This article will begin with a review of the rules and regulations concerning the likeness of athletes, and amateurism status used by the NCAA. It will also shed light on several key cases including: Oliver v. NCAA, Keller v. NCAA, and O’Bannon v. NCAA. After that, a discussion of how one’s socioeconomic status further illustrates that the ongoing problem with the current NCAA amateurism system. Finally, this paper will present suggestions for solving the current issues with the NCAA amateurism system, and provide different alternatives that the NCAA could take to revolutionize the world of amateurism, while remaining profitable.
Radical Reform Of Intercollegiate Athletics: Antitrust And Public Policy Implications, Stephen Ross
Radical Reform Of Intercollegiate Athletics: Antitrust And Public Policy Implications, Stephen Ross
Stephen F Ross
Universities operating major intercollegiate athletic programs are heading for, if not already in, a crisis. Corruption continues to affect major football and basketball programs, exacerbated by a failure of imagination and will in identifying and deterring corruption, and by a lack of consensus on what constitutes "corruption" when football and men's basketball stars generate millions of dollars but cannot enjoy a lifestyle commensurate with many peer students. Current levels of spending are nonsustainable at many schools. Even where intercollegiate athletic programs are sustained primarily by football and basketball revenues, otherwise visionary and questioning college presidents have yet to publicly question …
A Regulatory Solution To Better Promote The Educational Values And Economic Sustainability Of Intercollegiate Athletics, Stephen Ross, Matt Mitten
A Regulatory Solution To Better Promote The Educational Values And Economic Sustainability Of Intercollegiate Athletics, Stephen Ross, Matt Mitten
Stephen F Ross
Currently there are several pending antitrust suits challenging NCAA rules restricting the economic benefits intercollegiate athletes may receive for their sports participation. Although remedying the inherent problems of commercialized college sports (primarily Division I football and men’s basketball) is a laudable objective, a free market solution mandated by antitrust law may have unintended adverse consequences. Judicial invalidation of these rules may inhibit universities from providing many athletes with a college education they would not otherwise receive, by eliminating or reducing the value of scholarships for many players whose economic value is less than the cost of an education. A wholly …
Inequality, Discrimination And Sexual Violence In Us Collegiate Sports, Erin E. Buzuvis, Kristine Newhall
Inequality, Discrimination And Sexual Violence In Us Collegiate Sports, Erin E. Buzuvis, Kristine Newhall
Faculty Scholarship
While college athletics attract thousands of participants and millions of fans each year, examination of United States college athletics reveals a pattern of inequality, discrimination and abuse, which operates to foreclose women's access and suppress women's interest in athletic participation and leadership. This Chapter examines three gender related issues of integrity in college athletics: gender discrimination in athletic participation and opportunity; barriers to leadership for women coaches and administrators; and the relationship between athletics and sexual violence at college and universities. The Chapter also identifies a number of remedies that can mitigate these problems involving the Department of Education, Congress, …
Newsroom: Sulentic '09 In Sports Illustrated, Roger Williams University School Of Law
Newsroom: Sulentic '09 In Sports Illustrated, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Varsity Blues: Student Athlete Unionization Is The Wrong Way Forward To Reform Collegiate Athletics, Michael P. Cianfichi
Varsity Blues: Student Athlete Unionization Is The Wrong Way Forward To Reform Collegiate Athletics, Michael P. Cianfichi
Maryland Law Review
No abstract provided.
Athletic Compensation For Women Too? Title Ix Implications Of Northwestern And O'Bannon, Erin E. Buzuvis
Athletic Compensation For Women Too? Title Ix Implications Of Northwestern And O'Bannon, Erin E. Buzuvis
Faculty Scholarship
The NCAA has been relying on Title IX requirements to defend its polices prohibiting compensation for college athletics; it argues that paying athletes in revenue sports, coupled with the commensurate obligation under Title IX to pay female athletes, would be prohibitively expensive.
As a response to the NCAA’s argument, the Author seeks to advance two positions: first, that Title IX would, as argued by the NCAA, require payment of female athletes using some measure of equality; and second, that it is not Title IX that renders the prospect of athlete compensation cost prohibitive, but rather, the fact that college athletics …
The Ncaa's Transgender Student-Athlete Policy: How Attempting To Be More Inclusive Has Led To Gender And Gender Identity Discrimination, Elliot S. Rozenberg
The Ncaa's Transgender Student-Athlete Policy: How Attempting To Be More Inclusive Has Led To Gender And Gender Identity Discrimination, Elliot S. Rozenberg
Elliot S Rozenberg
No abstract provided.
College Sports And The Antitrust Analysis Of Mystique, Sherman J. Clark
College Sports And The Antitrust Analysis Of Mystique, Sherman J. Clark
Articles
In this response to Marc Edelman’s Article, The District Court Decision in O’Bannon v. National Collegiate Athletic Association: A Small Step Forward for College-Athlete Rights, and a Gateway for Far Grander Change, 71 WASH. & LEE L. REV. 2319 (2014), I highlight a set of conceptual issues that must be confronted if courts are to craft a coherent and stable body of law governing the NCAA’s treatment of student-athletes. First, the value of the product at issue here—college sports—is intimately connected with the nature of the labor used to create it. Second, the nature of that value is amorphous, contingent, …
O’Bannon V. National Collegiate Athletic Association: Why The Ninth Circuit Should Not Block The Floodgates Of Change In College Athletics, Christopher Sagers, Michael A. Carrier
O’Bannon V. National Collegiate Athletic Association: Why The Ninth Circuit Should Not Block The Floodgates Of Change In College Athletics, Christopher Sagers, Michael A. Carrier
Law Faculty Articles and Essays
In O’Bannon v. National Collegiate Athletic Ass’n, then-Chief Judge Claudia Wilken of the U.S. District Court for the Northern District of California issued a groundbreaking decision, potentially opening the floodgates for challenges to National Collegiate Athletic Association (NCAA) amateurism rules. The NCAA was finally put to a full evidentiary demonstration of its amateurism defense, and its proof was found emphatically wanting. We agree with Professor Edelman that O’Bannon could bring about significant changes, but only if the Ninth Circuit affirms. We write mainly to address the NCAA’s vigorous pending appeal and the views of certain amici, and to explain our …
Head Injuries, Student Welfare, And Saving College Football: A Game Plan For The Ncaa, Rodney K. Smith
Head Injuries, Student Welfare, And Saving College Football: A Game Plan For The Ncaa, Rodney K. Smith
Pepperdine Law Review
This article sets forth a challenging but viable game plan for protecting the health and well-being of intercollegiate football players. Acting proactively will help revitalize the NCAA's brand of competitive, student-centered athletics. This article consists of three parts: The Problem of Head Injuries in College Football; Solving the Problem of Head Injuries in College Football; and Conclusion.
A Modest Proposal For Taming The Antitrust Beast, Gabe Feldman
A Modest Proposal For Taming The Antitrust Beast, Gabe Feldman
Pepperdine Law Review
No abstract provided.
An Antitrust Exemption For The Ncaa: Sound Policy Or Letting The Fox Loose In The Henhouse?, Daniel E. Lazaroff
An Antitrust Exemption For The Ncaa: Sound Policy Or Letting The Fox Loose In The Henhouse?, Daniel E. Lazaroff
Pepperdine Law Review
This Article focuses on the issues presented by the debate over granting the NCAA an exemption from federal antitrust law. Part II briefly describes the history of antitrust litigation involving the NCAA. Part III discusses some of the proposals for affording some type of antitrust immunity to the NCAA. Part IV explains the rationales utilized for some of the numerous antitrust exemptions Congress and the Supreme Court have created for some businesses and forms of commercial activity. Part V addresses the question of whether any of those rationales justifies providing the NCAA with a legislative or judicial antitrust exemption and …
Symposium Introduction: The New Normal In College Sports: Realigned And Reckoning, Maureen A. Weston
Symposium Introduction: The New Normal In College Sports: Realigned And Reckoning, Maureen A. Weston
Pepperdine Law Review
On Friday, April 5, 2013, Pepperdine University School of Law in Malibu, California convened the Pepperdine Law Review Symposium on The New Normal in College Sports: Realigned and Reckoning. Highlights included a conversation with institutional leaders of major intercollegiate athletic programs; a consideration of the possibility of an antitrust exemption for the NCAA; the impact of conference realignment, digital media, broadcasting, and commercialization; and other emerging hot topics in college sports.
A Regulatory Solution To Better Promote The Educational Values And Economic Sustainability Of Intercollegiate Athletics, Stephen F. Ross, Matt Mitten
A Regulatory Solution To Better Promote The Educational Values And Economic Sustainability Of Intercollegiate Athletics, Stephen F. Ross, Matt Mitten
Journal Articles
Currently there are several pending antitrust suits challenging NCAA rules restricting the economic benefits intercollegiate athletes may receive for their sports participation. Although remedying the inherent problems of commercialized college sports (primarily Division I football and men’s basketball) is a laudable objective, a free market solution mandated by antitrust law may have unintended adverse consequences. Judicial invalidation of these rules may inhibit universities from providing many athletes with a college education they would not otherwise receive, by eliminating or reducing the value of scholarships for many players whose economic value is less than the cost of an education. A wholly …
National Collegiate Athletic Association V. Tarkanian: Supreme Court Upholds Ncaa's Private Status Under The Fourteenth Amendment, Repelling Shark's Attack On Ncaa's Disciplinary Powers, Michael G. Dawson
Pepperdine Law Review
No abstract provided.
Radical Reform Of Intercollegiate Athletics: Antitrust And Public Policy Implications, Stephen F. Ross
Radical Reform Of Intercollegiate Athletics: Antitrust And Public Policy Implications, Stephen F. Ross
Journal Articles
Universities operating major intercollegiate athletic programs are heading for, if not already in, a crisis. Corruption continues to affect major football and basketball programs, exacerbated by a failure of imagination and will in identifying and deterring corruption, and by a lack of consensus on what constitutes "corruption" when football and men's basketball stars generate millions of dollars but cannot enjoy a lifestyle commensurate with many peer students. Current levels of spending are nonsustainable at many schools. Even where intercollegiate athletic programs are sustained primarily by football and basketball revenues, otherwise visionary and questioning college presidents have yet to publicly question …
Student Gladiators And Sexual Assault: A New Analysis Of Liability For Injuries Inflicted By College Athletes, Ann Scales
Michigan Journal of Gender & Law
This Article will focus on an issue that was probably not on the minds of 19th century educators, nor primarily on the minds of the legions of present-day academic critics of intercollegiate sports. Namely, this Article explores the ways in which big-time athletics- particularly football-normalize and encourage harms to women, including educational and sexual harms. The author’s theses depend upon acknowledging certain open secrets about college football: that it is a celebration of male physical supremacy (measured by male standards); that it is something that society lets males do and have as their sport, for reasons both good and bad; …
Is It Time To Revisit The Doctrine Of State Action In The Context Of Intercollegiate And Interscholastic Sports, Richard J. Hunter Jr., Paula Alexander Becker
Is It Time To Revisit The Doctrine Of State Action In The Context Of Intercollegiate And Interscholastic Sports, Richard J. Hunter Jr., Paula Alexander Becker
Jeffrey S. Moorad Sports Law Journal
No abstract provided.