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Entertainment, Arts, and Sports Law Commons™
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Articles 1 - 19 of 19
Full-Text Articles in Entertainment, Arts, and Sports Law
Monopolizing Sports Data, Marc Edelman, John T. Holden
Monopolizing Sports Data, Marc Edelman, John T. Holden
William & Mary Law Review
With legal sports betting viewed as a panacea for state budget woes across the United States, the underlying data that fuels the sports betting industry has emerged as an especially valuable asset. In the hopes of capitalizing on state laws that have now legalized sports betting, United States professional sports leagues have attempted to gain exclusive ownership rights over valuable sports betting data by asking legislators to mandate that bookmakers exclusively use data sold through the league. In addition, some sports leagues have imposed policies mandating that teams bundle together their collected data for purposes of selling it exclusively through …
The Blue Devil's In The Details: How A Free Market Approach To Compensating College Athletes Would Work, David A. Grenardo
The Blue Devil's In The Details: How A Free Market Approach To Compensating College Athletes Would Work, David A. Grenardo
Pepperdine Law Review
Everyone involved in the business of major college athletics, except the athletes, receives compensation based on a free market system. The National Collegiate Athletic Association’s (NCAA) cap on athlete compensation violates antitrust law, and athletes should be allowed to earn their free market value as everyone else does in this country. This Article provides a detailed approach to compensating college athletes under a free market model, which includes a salary cap, the terms of a proposed standard player’s contract, a discussion of who can represent players, and payment simulations for football and basketball teams. A free market approach would not …
Home-Field Disadvantage: How The Organization Of Soccer In The United States Affects Athletic And Economic Competitiveness, Carolina I. Velarde
Home-Field Disadvantage: How The Organization Of Soccer In The United States Affects Athletic And Economic Competitiveness, Carolina I. Velarde
Michigan Law Review
The United States men’s soccer team failed to qualify for the 2018 World Cup. In the aftermath, soccer followers questioned the organizational structure supervised by the United States Soccer Federation. An analysis of the relationships between professional soccer leagues reveals potentially anticompetitive practices that may contribute to the subpar performance of the U.S. Men’s National Team. This Note argues that the United States Soccer Federation is engaged in economically anticompetitive behavior that impedes the development of American soccer. Certain reforms, including an open-league system and player transfer fees at the youth development level, would enhance the economic and athletic competitiveness …
Upon Further Review: Reconsidering Clarett And Player Access To The Nfl, Matthew Strauser
Upon Further Review: Reconsidering Clarett And Player Access To The Nfl, Matthew Strauser
Marquette Sports Law Review
None
The Mpaa: A Script For An Antitrust Production, Ian G. Henry
The Mpaa: A Script For An Antitrust Production, Ian G. Henry
West Virginia Law Review
No abstract provided.
Herschel Walker V. National Football League: A Hypothetical Lawsuit Challenging The Propriety Of The National Football League's Four-Or-Five Year Rule Under The Sherman Act, A. Randall Farnsworth
Herschel Walker V. National Football League: A Hypothetical Lawsuit Challenging The Propriety Of The National Football League's Four-Or-Five Year Rule Under The Sherman Act, A. Randall Farnsworth
Pepperdine Law Review
No abstract provided.
Reasoning Per Se And Horizontal Price Fixing: An Emerging Trend In Antitrust Litigation?, Joseph W. Defuria Jr.
Reasoning Per Se And Horizontal Price Fixing: An Emerging Trend In Antitrust Litigation?, Joseph W. Defuria Jr.
Pepperdine Law Review
No abstract provided.
Shutting The Black Door: Using American Needle To Cure The Problem Of Improper Product Definition, Daniel A. Schwartz
Shutting The Black Door: Using American Needle To Cure The Problem Of Improper Product Definition, Daniel A. Schwartz
Michigan Law Review
Section 1 of the Sherman Act is designed to protect competition by making illegal any agreement that has the effect of limiting consumer choice. To make this determination, courts first define the product at issue and then consider the challenged restraint's impact on the market in which that product competes. When considering § 1 allegations against sports leagues, courts have tended to define products according to the structure of the leagues. The result of this tendency is that harm to competition between the leagues' teams is not properly accounted for in the courts' analyses. This, in turn, grants leagues a …
The Economics Of Competitive Balance: Sports Antitrust Claims After American Needle, James T. Mckeown
The Economics Of Competitive Balance: Sports Antitrust Claims After American Needle, James T. Mckeown
Marquette Sports Law Review
None.
Solidifying The Defensive Line: The Nfl Network's Current Position Under Antitrust Law And How It Can Be Improved, Ethan Flatt
Solidifying The Defensive Line: The Nfl Network's Current Position Under Antitrust Law And How It Can Be Improved, Ethan Flatt
Vanderbilt Journal of Entertainment & Technology Law
In the United States, the broadcasting of professional sporting events is a multi-billion dollar industry, and the National Football League (NFL) alone earned more than $3 billion from television contracts during its 2008 season. Considering the massive revenues that broadcast rights can generate, it is no surprise that some major professional sports leagues have recently developed their own television networks. While it was not the first league-owned television network, the NFL Network has certainly generated the most attention. Since it started broadcasting a select number of NFL regular season games in 2006, the NFL Network has been subject to media …
Is The Ncaa Prohibition Of Native American Mascots From Championship Play A Violation Of The Sherman Antitrust Act, Ryan Fulda
American Indian Law Review
No abstract provided.
Player Restraints And Competition Law Throughout The World, Stephen F. Ross
Player Restraints And Competition Law Throughout The World, Stephen F. Ross
Marquette Sports Law Review
No abstract provided.
If Per Se Is Dying, Why Not In Tv Tying? A Case For Adopting The Rule Of Reason Standard In Television Block- Booking Arrangements, Nicole Labletta
If Per Se Is Dying, Why Not In Tv Tying? A Case For Adopting The Rule Of Reason Standard In Television Block- Booking Arrangements, Nicole Labletta
Fordham Intellectual Property, Media and Entertainment 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 …
Is This The Bottom Of The Ninth For Baseball's Antitrust Exemption - A Proposed Removal Of The Exemption And Analysis Of Player Restraints In An Exemption-Free Environment, Brian F. Zeck
Cleveland State Law Review
This note will describe the creation and development of the antitrust exemption granted to Major League Baseball and the continuing vitality of that exemption with respect to labor relations. Part I will detail the creation of the antitrust exemption, the tests articulated by the Supreme Court to determine whether a particular industry violates the antitrust laws, an application of those tests to baseball, and the possibility of finally removing this exemption through legislation in order to bring the law for the industry of baseball into line with other industries. Part II will discuss how the antitrust laws and labor laws …
Antitrust And Amateur Sports: The Role Of Noneconomic Values, Wendy T. Kirby, T. Clark Weymouth
Antitrust And Amateur Sports: The Role Of Noneconomic Values, Wendy T. Kirby, T. Clark Weymouth
Indiana Law Journal
SYMPOSIUM: Antitrust Issues In Amateur Sports, held at the Indiana University School of Law - March 1985
Recognition Of The National Football League As A Single Entity Under Section 1 Of The Sherman Act: Implications Of The Consumer Welfare Model, Myron C. Grauer
Recognition Of The National Football League As A Single Entity Under Section 1 Of The Sherman Act: Implications Of The Consumer Welfare Model, Myron C. Grauer
Michigan Law Review
This article argues that Justice Rehnquist has analyzed the operational structure of the NFL in a manner that is consistent with proper antitrust enforcement policy, and expands upon the view that he espoused. It contends that the NFL is analogous to a law firm partnership, with the teams analogous to departments or partners that can make operating rules for the firm without fear of violating section 1 of the Sherman Act. In arriving at the opposite conclusion, both the Oakland Raiders and NASL courts relied on several cases involving player restraints that presupposed that teams in professional sports leagues, such …
The Legality Of Ticket Tie-Ins In Intercollegiate Athletics, Arthur D. Austin
The Legality Of Ticket Tie-Ins In Intercollegiate Athletics, Arthur D. Austin
University of Richmond Law Review
The dynamics of operating a "major" intercollegiate sports program have a tenuous nexus with academic ideals. Intercollegiate athletics is now a big business, dominated by the balance sheet of gate receipts, T.V. revenues, and talent recruiting. The best high school athletes are aggressively recruited for their physical prowess to play for teams that perform before large crowds-and frequently a national television audience-in gigantic stadiums and field houses. In many instances coaches and players gain national recognition and reverence unequaled by professors, poets, or Nobel prize winners. Yet the sponsors of these sports extravaganzas are academic institutions who by charter and …
Regulation Of Business - Boxing And Theater Now Within Scope Of The Sherman Act, Norman A. Zilber S.Ed.
Regulation Of Business - Boxing And Theater Now Within Scope Of The Sherman Act, Norman A. Zilber S.Ed.
Michigan Law Review
The United States instituted two civil antitrust actions under section 4 of the Sherman Act claiming that defendants were acting in restraint of trade in their respective fields. Defendant Shubert was engaged in the multistate business of producing, booking, and presenting legitimate theatrical attractions. Defendant International Boxing Club was engaged in the business of promoting professional boxing contests, also on a multistate basis, with an alleged 25 percent of its revenue being derived from the interstate sale of radio, television, and motion picture rights. The district court dismissed both complaints on the authority of Federal Baseball Club v. National League …