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Articles 1 - 30 of 94

Full-Text Articles in Entertainment, Arts, and Sports Law

Clear Statement Rules And The Integrity Of Labor Arbitration, Stephen Ross, Roy Eisenhardt Apr 2018

Clear Statement Rules And The Integrity Of Labor Arbitration, Stephen Ross, Roy Eisenhardt

Arbitration Law Review

Under the common law, employment contracts are submitted to civil courts to resolve disputes over interpretation, breach, and remedies. As an alternative, parties in collective bargaining agreements, can agree to dispute resolution by an independent arbitrator, whose decision is reviewed deferentially by judges. Where employees or members of an association are governed by its internal rules, in contrast, they often agree contractually to submit internal disputes to an association officer or committee. In this circumstance, the common law governing private associations affords judicial review that is more limited than a civil dispute, but more searching than is the case for ...


2017 Annual Survey: Recent Developments In Sports Law, Jordan Lysiak, Katherine Hampel Jan 2018

2017 Annual Survey: Recent Developments In Sports Law, Jordan Lysiak, Katherine Hampel

Marquette Sports Law Review

None


In Search Of The Final Head Ball: The Case For Eliminating Heading From Soccer,, N. Jeremi Duru Jan 2018

In Search Of The Final Head Ball: The Case For Eliminating Heading From Soccer,, N. Jeremi Duru

Articles in Law Reviews & Other Academic Journals

Soccer is unquestionably the world's most popular sport. Two hundred and eleven countries have national soccer associations, hundreds of millions of people across the globe play recreationally, and Federation Internationale de Football Association's ("FIFA") quadrennial World Cup soccer tournament is unchallenged as the highest profile4 and highest grossing sporting competition on Earth. Notwithstanding its popularity, however, soccer sits at a troubling crossroads as the sport's governing bodies grapple with the impact that the risk of brain injury is having on the game. Soccer is, of course, not alone in this regard. The risk of brain injury exists ...


In Search Of The Final Head Ball: The Case For Eliminating Heading From Soccer,, N. Jeremi Duru Dec 2017

In Search Of The Final Head Ball: The Case For Eliminating Heading From Soccer,, N. Jeremi Duru

N. Jeremi Duru

Soccer is unquestionably the world's most popular sport. Two hundred and eleven countries have national soccer associations,  hundreds of millions of people across the globe play recreationally,  and Federation Internationale de Football Association's ("FIFA") quadrennial World Cup soccer tournament is unchallenged as the highest profileand highest grossing sporting competition on Earth. Notwithstanding its popularity, however, soccer sits at a troubling crossroads as the sport's governing bodies grapple with the impact that the risk of brain injury is having on the game. Soccer is, of course, not alone in this regard. The risk of brain ...


An American Football Team In London: How Tax Consequences For International Athletes Could Affect The Success Of A Potential Nfl Franchise In London, Brett Smith Aug 2017

An American Football Team In London: How Tax Consequences For International Athletes Could Affect The Success Of A Potential Nfl Franchise In London, Brett Smith

The Business, Entrepreneurship & Tax Law Review

Although the NFL has not announced any definite plans to place a team in London, it has taken significant steps in that direction. By 2022, it could be a reality. As the laws in the U.S. and U.K. currently stand, NFL athletes playing for a team in London would face more income taxes than if they played for a U.S.-based team. The extra tax liability the players would face in the U.K. could prevent players from signing with the London team. If the London franchise struggles to field talent, it will struggle on the field ...


Groomed For Exploitation! How Applying The Statutory Definition Of Employee To Cover Division Ia College Football Players Disrupts The Student-Athlete Myth, Anne Marie Lofaso Apr 2017

Groomed For Exploitation! How Applying The Statutory Definition Of Employee To Cover Division Ia College Football Players Disrupts The Student-Athlete Myth, Anne Marie Lofaso

West Virginia Law Review

No abstract provided.


Utah And Sports Law, Adam Epstein Jan 2017

Utah And Sports Law, Adam Epstein

Marquette Sports Law Review

None


Conservation Force Et Al. V. Delta Air Lines: The Legality Of An Airline Ban On Big Game Hunting Trophies, Daniel Spivey Oct 2016

Conservation Force Et Al. V. Delta Air Lines: The Legality Of An Airline Ban On Big Game Hunting Trophies, Daniel Spivey

DePaul Journal of Sports Law

No abstract provided.


Fraudduel And Draftkrooks: Chance Or Skill?, Erica M. Boos Oct 2016

Fraudduel And Draftkrooks: Chance Or Skill?, Erica M. Boos

DePaul Journal of Sports Law

No abstract provided.


Proposed Deal Between Sam Bradford And Eagles' Fans, Stephen E. Friedman May 2016

Proposed Deal Between Sam Bradford And Eagles' Fans, Stephen E. Friedman

Stephen E Friedman

No abstract provided.


Light, Less-Filling, It's Blue-Ribbon!, Stephen Ross Jan 2016

Light, Less-Filling, It's Blue-Ribbon!, Stephen Ross

Stephen F Ross

This Commentary reviews the recommendations of the Blue Ribbon Panel and, accepting the Report's perspective of advocating the long-term interests of baseball fans, identifies some important and positive contributions made by the Report. Next, some significant flaws and shortcomings are discussed. Finally, the Commentary suggests several practical reforms likely to improve competitive balance which plausibly could secure the support of t he various constituencies of the National Pastime.


The Misunderstood Alliance Between Sports Fans, Players, And The Antitrust Laws, Stephen Ross Jan 2016

The Misunderstood Alliance Between Sports Fans, Players, And The Antitrust Laws, Stephen Ross

Stephen F Ross

The baseball strike and the ongoing hostilities between the players' association and owners have evoked criticism and frustration among fans and others. Although the players successfully defeated the owners' most recent attempts to reduce major league competition, the threat of future imposition of competitive restraints by the owners remains. In this article Professor Stephen F. Ross argues that blanket restraints on the market for players affirmatively inhibit on-the-field competition and consequently offend the Sherman Act. The article begins with the proposition that monopsony - price-fixing behavior by buyers', rather than sellers' cartels - implicates the Sherman Act. Restraints on competition for players ...


Sports And The Law: Text, Cases, And Problems, 5th, Stephen Ross, Paul Weiler, Gary Roberts, Roger Abrams Jan 2016

Sports And The Law: Text, Cases, And Problems, 5th, Stephen Ross, Paul Weiler, Gary Roberts, Roger Abrams

Stephen F Ross

This casebook introduces students to the fundamentals of labor, antitrust, and intellectual property law as applied in the professional and amateur sporting industries. It covers the unique office of the league commissioner and special concerns with the “best interests of sports”; the contract, antitrust, and labor law dimensions of the player-labor market; the peculiar institution of the player agent in a unionized industry; the economic and legal implications of agreements among league owners and responses to rival leagues; the system of commercialized college athletics governed by the NCAA and how law impacts individual sports like golf, tennis and boxing; as ...


Reconsidering Flood V. Kuhn, Stephen Ross Jan 2016

Reconsidering Flood V. Kuhn, Stephen Ross

Stephen F Ross

Within the academia, two very different groups of legal scholars have devoted a great deal of attention to Flood v. Kuhn. Those specializing in sports law have either attached Flood as a ridiculous decision that improperly distinguished between baseball and other professional sports, or have praised it for waging guerrilla warfare on the idea that Section 1 of the Sherman Act should apply to intra-league arrangements by owners of the professional sports teams. Those viewing Flood through the lens of statutory interpretation perceive the decision as adhering rigidly to the principle of stare decisis; this rigidity has been both praised ...


Fans Of The World, Unite!: A (Capitalist) Manifesto For Sports Consumers, Stephen Ross, Stefan Szymanski Jan 2016

Fans Of The World, Unite!: A (Capitalist) Manifesto For Sports Consumers, Stephen Ross, Stefan Szymanski

Stephen F Ross

This book is a clarion call to sports fans. It proposes a significant restructuring of sports leagues. The book sets out a rational program for a revolution that will serve the best interests of the fans and of the sport itself. But the book is not Marxist: it shows how a revolution in the organization of sports might even benefit the owners. By harnassing the power of markets, sports leagues can be made both responsive to the needs of the fans and more efficient. Many years were spent before this book was written evaluating the ways in which leagues work ...


A Regulatory Solution To Better Promote The Educational Values And Economic Sustainability Of Intercollegiate Athletics, Stephen Ross, Matt Mitten Jan 2016

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 ...


Sports Law In Law Reviews And Journals, Katelynn Hill Jan 2016

Sports Law In Law Reviews And Journals, Katelynn Hill

Marquette Sports Law Review

No abstract provided.


Ohio And Sports Law, Adam Epstein Jan 2015

Ohio And Sports Law, Adam Epstein

Marquette Sports Law Review

None


Barriers To Leadership In Women's College Athletics, Erin E. Buzuvis Jan 2015

Barriers To Leadership In Women's College Athletics, Erin E. Buzuvis

Faculty Scholarship

Today there is an enormous gender disparity among collegiate head coaches and athletic administrators in the United States. Women fill less than a quarter of head coach and athletic director positions in college athletics and are even minorities among coaches of women's teams. Few other professions are as impervious to gender integration. Leadership in college athletics is, in the words of one scholar, one of the "few male bastions remaining," which raises the question: Why are women so starkly underrepresented in leadership positions within college athletics? There is no easy answer, but rather a variety of factors that exclude ...


Are The Green Bay Packers Socialists?, Matthew J. Parlow, Anne-Louise Mittal Dec 2014

Are The Green Bay Packers Socialists?, Matthew J. Parlow, Anne-Louise Mittal

Matthew Parlow

The Green Bay Packers are an oft-misunderstood organization — not in the decisions that the Packers make, but in their legal status and structure. Scholars, commentators, and even the general public refer to the Packers as “community-owned.” While this characterization is true — to a degree — the specifics of this unique ownership structure in professional sports have never been comprehensively documented and analyzed. Perhaps this is the reason that some political pundits have termed the Packers “socialists.” However, such commentators also seem to not fully appreciate the historical development, and contemporary understanding, of this social, economic, and political ideology. This confluence of ...


The Nba And The Great Recession: Implications For The Upcoming Collective Bargaining Agreement Renegotiation, Matthew J. Parlow Dec 2014

The Nba And The Great Recession: Implications For The Upcoming Collective Bargaining Agreement Renegotiation, Matthew J. Parlow

Matthew Parlow

Like most businesses, the National Basketball Association (NBA) has suffered significant negative impacts from the Great Recession. The league's drop in revenue exposed distinct flaws in the NBA's current business model and in the terms of employment for NBA players. Due to the precarious economic state of the NBA, the league anticipates a contentious, but necessary, renegotiation of the NBA's collective bargaining agreement (CBA), which will expire at the end of the 2010-11 season. This article will analyze the effects of the Great Recession on the NBA and the likely implications for the renegotiation of the CBA ...


Dick Woodson's Revenge: The Evolution Of Salary Arbitration In Major League Baseball, Edward Silverman Dec 2014

Dick Woodson's Revenge: The Evolution Of Salary Arbitration In Major League Baseball, Edward Silverman

Pepperdine Law Review

This paper examines the evolution of salary arbitration in professional baseball through the lens of the original 1974 Dick Woodson salary arbitration. Part II discusses the general development of labor relations in professional baseball, with an emphasis on how and why salary arbitration came to be implemented. Part III focuses specifically on Dick Woodson’s salary arbitration and how that experience shaped the immediate evolution of the practice and informed the current state of affairs in Major League Baseball (“MLB”). Part IV discusses MLB’s salary arbitration rules and how the process actually works. Part V addresses prevailing criticisms of ...


A European Solution To America’S Basketball Problem: Reforming Amateur Basketball In The United States, Jaimie K. Mcfarlin, Joshua Lee Aug 2014

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 ...


Foot Faults In Crunch Time: Temporal Variance In Sports Law And Antitrust Regulation, Jeffrey Standen Apr 2014

Foot Faults In Crunch Time: Temporal Variance In Sports Law And Antitrust Regulation, Jeffrey Standen

Pepperdine Law Review

No abstract provided.


A Modest Proposal For Taming The Antitrust Beast, Gabe Feldman Apr 2014

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 Apr 2014

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 ...


The Trading Card Effect, Adam Epstein Mar 2014

The Trading Card Effect, Adam Epstein

Adam Epstein

The purpose of this article is to demonstrate a teaching method that I have used for the last several years and have found to be effective particularly during the challenging final weeks of the semester. I reward students with trading cards for answering questions currently during an unannounced quiz to provide positive reinforcement in an engaging way. Students ultimately form teams and receive a relevant and classic football, baseball, basketball, hockey, or other trading card that they can keep as a souvenir to the class and the course. The intent is to give something to the students directly relevant to ...


The Court Of Arbitration For Sport And Its Global Jurisprudence: International Legal Pluralism In A World Without National Boundaries, Matthew J. Mitten Jan 2014

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 ...


The Social Cost Of Baseball: Addressing The Effects 0f Major League Baseball Recruitment In Latin America And The Caribbean, Emily B. Ottenson Jan 2014

The Social Cost Of Baseball: Addressing The Effects 0f Major League Baseball Recruitment In Latin America And The Caribbean, Emily B. Ottenson

Washington University Global Studies Law Review

Latin American and Caribbean countries should be financially compensated for the loss of native baseball players to MLB teams. Players recruited from Latin America and the Caribbean should be afforded the same rights and privileges as U.S., Puerto Rican, and Canadian players, and MLB should not be permitted to recruit them without some acceptable level of restraint or oversight. This Note offers one possible solution to MLB’s recruitment problems while taking into account both the interests of the recruited players, as well as the effect MLB’s talent recruitment efforts have on Latin American and Caribbean countries.

The ...


No Hiding The Ball: Medical Privacy And Pro Sports, Michael K. Mcchrystal Jan 2014

No Hiding The Ball: Medical Privacy And Pro Sports, Michael K. Mcchrystal

Marquette Sports Law Review

No abstract provided.