Entertainment, Arts, and Sports Law Commons^™

Northwestern, O'Bannon And The Future: Cultivating A New Era For Taxing Qualified Scholarships, Kathryn Kisska-Schulze, Adam Epstein

Adam Epstein

Ohio And Sports Law, Adam Epstein

Adam Epstein

The purpose of this paper is to offer a broad perspective on how individuals, universities and professional teams associated with the state of Ohio have had a varied impact on sports law in general. Many of the cases and decisions discussed in this paper include familiar incidents and issues involving basketball coach Jim O’Brien, pitcher Andy Oliver, running back Maurice Clarett, sprinter Harry “Butch” Reynolds, high school football player Bobby Martin, Major League Baseball (MLB) manager Pete Rose and others. This article could also be viewed as a starting point for further research involving this Midwestern state also known as …

"Show Me The Money!"-Analyzing The Potential State Tax Implications Of Paying Student-Athletes, Kathryn Kisska-Schulze, Adam Epstein

Adam Epstein

On March 26, 2014, the Chicago district (Region 13) of the National Labor Relations Board (NLRB) ruled that Northwestern University football players qualify as employees and can unionize and bargain collectively, a decision which contravenes the National Collegiate Athletic Association’s (NCAA) core principle of amateurism. Shortly after, Northwestern University filed an appeal with the NLRB in Washington, D.C. to quash the prior Region 13 decision. This case has added fuel to the longstanding debate over whether student-athletes should be paid. Amidst arguments both for and against supporting the pay-for-play model from a purely compensatory stance, there has been minimal focus …

Taxing Missy: Operation Gold And The 2012 Proposed Olympic Tax Elimination Act, Kathryn Kisska-Schulze, Adam Epstein

Adam Epstein

The purpose of this article is to explore the legal and tax environment surrounding the August 1, 2012 bill referred to as the Olympic Tax Elimination Act (OTEA) which was introduced in the U.S. Senate to exempt from gross income the prize money earned by U.S. Olympians from the United States Olympic Committee (USOC) for earning a gold, silver or bronze medal. The OTEA came at a time when American economic growth has been stagnant, and income tax issues became a hotly contested political debate for the 2012 Presidential election. The article explores how tax issues have weaved their way …

Surveying Colorado Sports Law, Adam Epstein

Adam Epstein

The purpose of this article is to provide an overview and explore some of the major sports law cases that have emanated from within the four corners of the state of Colorado or maneuvered through Denver’s Tenth Circuit Court of Appeals. Colorado is a prime location for a wide range of cutting edge cases, decisions, discussions and events which have an impact on the relationship between sports and the law among the professional, amateur and recreational environments. Legal issues at Colorado-based educational institutions appear to have an affinity for and history of exposing and challenging the authority of NCAA policies.

Exploring Ethical Issues And Examples By Using Sport, Adam Epstein, Bridget Niland

Adam Epstein

The purpose of the paper is to offer suggestions to engage your students when arriving at the ethics portion of your business law, legal environment, or sports law course. With due respect given to the classic theory of ethics, the paper offers ethical issues in the context of sport at all levels, including youth sport, interscholastic, intercollegiate, professional and the Olympic Games. Unique topics include sport-related fraud, the use of performance-enhancing drugs and technology, raging parents, running up the score, and whether the myriad of NCAA bylaws genuinely reflect and promote fundamental principles of amateurism, sportsmanship, and education.

Gambling And Collegiate Athletics, Adam Epstein, Bridget Niland

Adam Epstein

The article discusses concerns involving intercollegiate sports gambling. It explores the National Collegiate Athletic Association (NCAA) rules known as Bylaws. The article also outlines and explores a history of notable college sports gambling incidents involving individuals and NCAA schools. The article also reviews relevant federal and state laws.

Sports Agent Litigation And The Regulatory Environment, Adam Epstein

Adam Epstein

Some of the more important civil and criminal cases involving the litigious history of the sports agent business are discussed. The article provides the fundamentals of the regulatory environment in which sports agents (many of whom are lawyers) operate. While discussion of sports agency is not novel, the collection of major cases coupled with the current state of the regulatory/business environment provides the reader with a solid basis for future consideration or research. The appropriate state and federal laws are explored in detail. The role that the National Collegiate Athletic Association (NCAA) plays in “regulating” sports agents is also discussed.

Utilization Of The National Collegiate Athletic Association (Ncaa) Manual As A Teaching Tool, Adam Epstein

Adam Epstein

This article provides instructors with some ideas as to how they can incorporate the Division I NCAA Manual into their own course without having to reinvent the wheel. Part I offers a brief history of the NCAA and provides the proper context for the particular provisions of the Manual. Part II focuses on the Manual itself, including discussions of principles and themes found within its borders, the connection of the Manual to traditional legal and sports law topics, and offers examples of some oversights and curious provisions for comic relief.

Texas Supreme Court Denies Student-Athlete's Property Right Claim, Adam Epstein

Adam Epstein

Discussion of the case involving swimmer Joscelin Yeo and the troubles she faced involving NCAA rules when trying to transfer from UC-Berkeley to UT-Austin between 2000-2001. The decision went to the Texas Supreme Court ruling against her and in support of NCAA transfer rules.

Whistle-Blowing And The Continued Expansion Of Title Ix In Jackson V. Birmingham Board Of Education, Adam Epstein

Adam Epstein

A study of the history and importance of the 2005 Supreme Court decision that expanded Title IX to include a private right of action for individuals who reveal Title IX violations even though they themselves were not subject to sex discrimination. The case involved Roderick Jackson a high school coach from the Birmingham, Alabama area.

Alternative Dispute Resolution In Sport Management And The Sport Management Curriculum, Adam Epstein

Adam Epstein

The article covers the basics of alternative dispute resolution (ADR). It then demonstrates how the instructor can utilize and incorporate ADR to effectively teach in sport management classes and sports law at the intercollegiate level.