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 (13)
- Antitrust and Trade Regulation (12)
- Education Law (8)
- Labor and Employment Law (5)
- Intellectual Property Law (4)
-
- Law and Gender (3)
- Organizations Law (3)
- Constitutional Law (2)
- Criminal Law (2)
- Social and Behavioral Sciences (2)
- Sports Studies (2)
- African American Studies (1)
- Arts and Humanities (1)
- Business (1)
- Business Organizations Law (1)
- Communications Law (1)
- Disability Law (1)
- Education (1)
- Educational Administration and Supervision (1)
- Food and Drug Law (1)
- Fourteenth Amendment (1)
- Gaming Law (1)
- Higher Education Administration (1)
- Jurisprudence (1)
- Law and Race (1)
- Legislation (1)
- Medical Jurisprudence (1)
- Privacy Law (1)
- Institution
-
- Villanova University Charles Widger School of Law (18)
- University of Miami Law School (7)
- Pepperdine University (6)
- Maurer School of Law: Indiana University (4)
- Pace University (4)
-
- University of Michigan Law School (4)
- Washington and Lee University School of Law (3)
- Marquette University Law School (2)
- University of Massachusetts Boston (2)
- West Virginia University (2)
- Campbell University School of Law (1)
- Fordham Law School (1)
- Northwestern Pritzker School of Law (1)
- University of Maryland Francis King Carey School of Law (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)
- Marquette Sports Law Review (2)
- Trotter Review (2)
- University of Michigan Journal of Law Reform (2)
- West Virginia Law Review (2)
- Campbell Law Review (1)
- Fordham Intellectual Property, Media and Entertainment Law Journal (1)
- Maryland Law Review (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)
- University of Miami Law Review (1)
- Vanderbilt Journal of Entertainment & Technology Law (1)
- William & Mary Law Review (1)
Articles 1 - 30 of 58
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 …
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.
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.
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.
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.
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.
The Legal And Social Implications Of The Ncaa's Pregnancy Exception - Does The Nccaa Discriminate Against Male Student-Athletes, Sarah Mccarthy
The Legal And Social Implications Of The Ncaa's Pregnancy Exception - Does The Nccaa Discriminate Against Male Student-Athletes, Sarah Mccarthy
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Is The Price Of Victory Just: Attorney's Fees, Punitive Damages, And The Future Of Title Ix In Mercer V. Duke University, Sabrina Bosse
Is The Price Of Victory Just: Attorney's Fees, Punitive Damages, And The Future Of Title Ix In Mercer V. Duke University, Sabrina Bosse
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
No Penalty On The Play: Why The Bowl Championship Series Stays In-Bounds Of The Sherman Act, M. Todd Carroll
No Penalty On The Play: Why The Bowl Championship Series Stays In-Bounds Of The Sherman Act, M. Todd Carroll
Washington and Lee Law Review
No abstract provided.
Title Ix From The Red Rose Crew To Grutter: The Law And Literature Of Sports, Joseph Z. Fleming
Title Ix From The Red Rose Crew To Grutter: The Law And Literature Of Sports, Joseph Z. Fleming
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Interception - The Courts Get Another Pass At The Ncaa And The Intentional Discrimination Of Proposition 16 In Pryor V. Ncaa, Anneliese Munczinski
Interception - The Courts Get Another Pass At The Ncaa And The Intentional Discrimination Of Proposition 16 In Pryor V. Ncaa, Anneliese Munczinski
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Increasing Presidential Accountability In Big-Time Intercollegiate Athletics, Rodney K. Smith
Increasing Presidential Accountability In Big-Time Intercollegiate Athletics, Rodney K. Smith
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Reevaluating Amateurism Standards In Men's College Basketball, Marc Edelman
Reevaluating Amateurism Standards In Men's College Basketball, Marc Edelman
University of Michigan Journal of Law Reform
This Note argues that courts should interpret NCAA conduct under the Principle of Amateurism as a violation of§ 1 of the Sherman Antitrust Act and that courts should order NCAA deregulation of student-athletes' indirect financial activities. Part I of this Note discusses the history of NCAA regulation, specifically its Principle of Amateurism. Part II discusses the current impact of antitrust laws on the NCAA. Part III argues that the NCAA violates antitrust laws because the Principle of Amateurism's overall effect is anticompetitive. Part IV argues the NCAA could institute an amateurism standard with a net pro-competitive effect by allowing student-athletes …
College And Amateur Sports Gambling: Gambling Away Our Youth, John Warren Kindt
College And Amateur Sports Gambling: Gambling Away Our Youth, John Warren Kindt
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Reverse Discrimination Under Title Ix: Do Men Have A Sporting Chance, Megan K. Starace
Reverse Discrimination Under Title Ix: Do Men Have A Sporting Chance, Megan K. Starace
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Gender And Intercollegiate Athletics: Data And Myths, Julia Lamber
Gender And Intercollegiate Athletics: Data And Myths, Julia Lamber
University of Michigan Journal of Law Reform
This Article explores what nondiscrimination means in the context of intercollegiate athletics. After reviewing the Department of Education's controversial Title IX Policy Interpretation, it critically examines the analytical framework used in Title IX athletic cases and concludes that commonly made analogies to litigation under Title VII of the 1964 Civil Rights Act are inapt. A major part of the Article is an empirical study, looking first at gender equity plans written by institutions of higher education for the National Collegiate Athletic Association and then at data collected from more than 325 institutions pursuant to the Equity in Athletics Disclosure Act. …
Payment Of Student-Athletes: Legal & (And) Practical Obstacles, Thomas R. Hurst
Payment Of Student-Athletes: Legal & (And) Practical Obstacles, Thomas R. Hurst
Jeffrey S. Moorad Sports Law Journal
No abstract provided.