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The Hidden Ball Trick: Major League Baseball’S Collective Bargaining Agreement Attempts To Hide Tobacco Use By Players, Lee N. Gilgan 2015 Willamette University

The Hidden Ball Trick: Major League Baseball’S Collective Bargaining Agreement Attempts To Hide Tobacco Use By Players, Lee N. Gilgan

Lee N Gilgan

No sport has failed to protect its players, fans and the public from tobacco to the degree of Major League Baseball. The statistics of tobacco are shocking, especially within the sport. While some stadiums have made steps toward a remedy, the Collective Bargaining Agreement and State Law need to become the primary source of regulation.


Going To Bat For The "Baseball Rule", Benjamin G. Trachman 2015 Tulane University Law School

Going To Bat For The "Baseball Rule", Benjamin G. Trachman

Benjamin G Trachman

No abstract provided.


The End Of An Era: The Mounting Challenges To The Ncaa’S Model Of Amateurism, John Niemeyer 2015 Pepperdine University

The End Of An Era: The Mounting Challenges To The Ncaa’S Model Of Amateurism, John Niemeyer

Pepperdine Law Review

In the six years between 2006 and 2012, the National Collegiate Athletic Association (NCAA), a nonprofit organization made up of universities, doubled its net assets to its current, unprecedented level of over $566 million. In 2012 alone, the organization retained a $71 million surplus after it disbursed a majority of its revenue to the NCAA member universities. It was able to make this much money largely because of the television revenue earned from the highly popular and entertaining sports of men’s football and men’s basketball. One would think that if a nonprofit organization could retain $71 million at ...


The Evolution Of Internet Service Providers From Partners To Adversaries: Tracking Shifts In Interconnection Goals And Strategies In The Internet’S Fifth Generation, Rob Frieden 2015 Penn State University

The Evolution Of Internet Service Providers From Partners To Adversaries: Tracking Shifts In Interconnection Goals And Strategies In The Internet’S Fifth Generation, Rob Frieden

Rob Frieden

This paper will examine new models for the carriage of Internet traffic with an eye toward providing insights on how the interconnection process has changed and what positive and negative consequences have resulted. Internet Service Provider (“ISP”) interconnection used to constitute a cooperative undertaking, but now it increasingly requires difficult and protracted negotiations between ventures that consider themselves adversaries in a winner take all transaction.

The paper concludes that new commercial arrangements, such as paid peering, can achieve mutually beneficial outcomes. However, the paper also identifies instances where migration from traditional interconnection arrangements can harm consumers by reducing some of ...


The Damage From Mega-Sporting Events In Brazil, J. Justin Woods 2015 Pace University School of Law

The Damage From Mega-Sporting Events In Brazil, J. Justin Woods

Pace Law School Student Publications

Over the past several years, Brazil’s federal government and the city and state governments of Rio de Janeiro have invested tens of billions of dollars to develop the transportation, stadium, tourist, communications and security infrastructure required to host the 2007 Pan American Games, 2014 World Cup, and 2016 Summer Olympics. As Brazil seeks to use these mega- sporting events to assert itself as a major economic player on the word stage, its strategy demonstrates how hosting mega-events serves to attract regional and global capital, and to reinforce unequal power structures at the expense of the public treasury, environmental quality ...


Herzog, Robert Arbitration Chart, Edmund P. Edmonds 2015 Notre Dame Law School

Herzog, Robert Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.


2012 Qualifying Offers Draft Selections, Edmund P. Edmonds 2015 Notre Dame Law School

2012 Qualifying Offers Draft Selections, Edmund P. Edmonds

Free Agent Compensation

No abstract provided.


2013 Qualifying Offers Draft Selections, Edmund P. Edmonds 2015 Notre Dame Law School

2013 Qualifying Offers Draft Selections, Edmund P. Edmonds

Free Agent Compensation

No abstract provided.


2014 Qualifying Offers Draft Selections, Edmund P. Edmonds 2015 Notre Dame Law School

2014 Qualifying Offers Draft Selections, Edmund P. Edmonds

Free Agent Compensation

No abstract provided.


Blue Jays Players Arbitration Results, Edmund P. Edmonds 2015 Notre Dame Law School

Blue Jays Players Arbitration Results, Edmund P. Edmonds

Team - Player Results

No abstract provided.


Oldham, James Arbitration Chart, Edmund P. Edmonds 2015 Notre Dame Law School

Oldham, James Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.


2014 Arbitration Hearings Chart, Edmund P. Edmonds 2015 Notre Dame Law School

2014 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.


2015 Arbitration Hearings Chart, Edmund P. Edmonds 2015 Notre Dame Law School

2015 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.


Mlb Calendar 2015-2016, Edmund P. Edmonds 2015 Notre Dame Law School

Mlb Calendar 2015-2016, Edmund P. Edmonds

MLB Calendars

No abstract provided.


"You Miss 100% Of The Shots You Never Take": Virginia High School League's Policy Violates Title Ix By Preventing Transgender Student Athletes From Taking A Shot At Participating In Athletics, Sarah M. Jacques 2015 American University Washington College of Law

"You Miss 100% Of The Shots You Never Take": Virginia High School League's Policy Violates Title Ix By Preventing Transgender Student Athletes From Taking A Shot At Participating In Athletics, Sarah M. Jacques

Sarah M Jacques

No abstract provided.


Gotham Skylines: The Intersection Of Scènes À Faire And Fictional Facts In Comic Books, Graphic Novels, And Their Derivative Works, Gavin M. Strube 2015 Pace University School of Law

Gotham Skylines: The Intersection Of Scènes À Faire And Fictional Facts In Comic Books, Graphic Novels, And Their Derivative Works, Gavin M. Strube

Pace Intellectual Property, Sports & Entertainment Law Forum

In just a decade and a half since the modern superhero film exploded onto the scene, the comic books and graphic novels that have long been the very definition of a fringe or niche interest, have morphed into a multi-billion dollar film, television and video game empire. The two main players in this industry, Marvel and DC, are owned by juggernauts in the entertainment industry. More importantly, some of these characters have been around for over three-quarters of a century. Readers keyed into intellectual property law, particularly copyright, should begin to see the issue. The copyright protection on these characters ...


Wide Right: How Isp Immunity And Current Laws Are Off The Mark In Protecting The Modern Athlete On Social Media, Dominick J. Mingione 2015 Pace University

Wide Right: How Isp Immunity And Current Laws Are Off The Mark In Protecting The Modern Athlete On Social Media, Dominick J. Mingione

Pace Intellectual Property, Sports & Entertainment Law Forum

“[Y]our tranny looking dad is a disgrace to American football,” “I would rape the shit out of her,” and “[The] [B]ears are easier than you on prom night,” are just a sampling of some of the alarmingly harassing tweets received by Chloe Trestman between the night of November 9, 2014 and November 10, 2014. Who is Chloe Trestman, and what could she have possibly done to warrant such abuse? Chloe’s father is Marc Trestman, the head coach of the Chicago Bears. And the twitter vitriol, or “twitriol,” directed toward Chloe was in response to the Bears’ blowout ...


Transforming “Transformative Use”: The Growing Misinterpretation Of The Fair Use Doctrine, Caile Morris 2015 Pace University

Transforming “Transformative Use”: The Growing Misinterpretation Of The Fair Use Doctrine, Caile Morris

Pace Intellectual Property, Sports & Entertainment Law Forum

Starting in late 2012, and continuing into late 2013, the United States District Court for the Southern District of New York wreaked havoc on the traditional interpretation of the copyright infringement defense known as “fair use.” Two cases stemming from the advent of the Google Books Project are Author’s Guild, Inc. v. HathiTrust and Author’s Guild, Inc. v. Google, Inc. These cases adopted a controversial interpretation of the fair use defense, codified in 17 U.S.C. § 107, when each case determined that the mass digitization of thousands of books constituted fair use merely because the digitization was ...


The Night Is Dark And Full Of . . . Family Law?: California Law And Marital Presumption In Game Of Thrones, Rebecca Rosen 2015 Pace University

The Night Is Dark And Full Of . . . Family Law?: California Law And Marital Presumption In Game Of Thrones, Rebecca Rosen

Pace Intellectual Property, Sports & Entertainment Law Forum

The television show Game of Thrones has developed a tremendous following in recent years. The show takes place primarily in the fictional state of Westeros, a feudal society that mirrors many of the legal structures of medieval England. As such, many of the laws and customs of Westeros seem antithetical to the beliefs and values of modern viewers. In an attempt to posit a more just outcome following the death of Westeros’ king (the action which springboards the primary power struggle), this Article applies California law to the disposition of King Robert’s property. Shockingly, this Article finds that California ...


Pace Intellectual Property, Sports & Entertainment Law Forum, Volume 5, Issue 1, Spring 2015, 2015 Pace University

Pace Intellectual Property, Sports & Entertainment Law Forum, Volume 5, Issue 1, Spring 2015

Pace Intellectual Property, Sports & Entertainment Law Forum

The staff of PIPSELF has worked diligently this year in selecting and preparing original and appealing articles concerning emerging issues in the fields of intellectual property, sports, and entertainment law for this issue. We welcome our readers to send comments and feedback: e-mail us at pipself@law.pace.edu, visit our Twitter @PIPSELF, or ‘like’ us on Facebook at “Pace Intellectual Property, Sports & Entertainment Law Forum.”


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