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.
Campbell At 21/Sony At 31, 2015 University of Michigan
Campbell At 21/Sony At 31, Jessica Litman
When copyright lawyers gather to discuss fair use, the most common refrain is its alarming expansion. Their distress about fair use’s enlarged footprint seems completely untethered from any appreciation of the remarkable increase in exclusive copyright rights. In the nearly 40 years since Congress enacted the 1976 copyright act, the rights of copyright owners have expanded markedly. Copyright owners’ demands for further expansion continue unabated. Meanwhile, they raise strident objections to proposals to add new privileges and exceptions to the statute to shelter non-infringing uses that might be implicated by their expanded rights. Copyright owners have used the resulting ...
“Wire” Circuit Courts Split On Cable Piracy: The Fifth Circuit Examines Federal Telecommunications Law In J&J Sports Productions, Inc. V. Mandell Family Ventures, Brian Fleming
Boston College Law Review
On May 2, 2014, in J&J Sports Productions, Inc. v. Mandell Family Ventures, LLC, the U.S. Court of Appeals for the Fifth Circuit overturned the lower court’s decision and held that section 605 of the Communications Act of 1934 does not apply to the unauthorized reception of cable wire transmissions originating as radio communications. The Fifth Circuit joined the Seventh and Third Circuits in maintaining that section 553 of the Communications Act of 1934 exclusively regulates this unauthorized reception after analyzing the legislative history and congressional intent behind the federal regulation. The Second Circuit, alternatively, has ruled ...
Real Accountability: The Ncaa Can No Longer Evade Antitrust Liability Through Amateurism After O’Bannon V. Ncaa, 2015 Boston College Law School
Real Accountability: The Ncaa Can No Longer Evade Antitrust Liability Through Amateurism After O’Bannon V. Ncaa, Michael T. Jones
Boston College Law Review
On August 8, 2014, in O’Bannon v. National Collegiate Athletic Association, the U.S. District Court for the Northern District of California held that the NCAA’s restriction on compensating student-athletes for the use of their names, images, and likenesses violated the Sherman Act. The court ruled against the NCAA despite a long history of judicial deference grounded in preserving the amateur and educational nature of the NCAA. The NCAA has appealed the decision. Despite annual revenues approaching $1 billion, the NCAA claims its amateur and educational fundamentals distinguish its product from commercialized professional sports. This Comment argues that ...
3d Printing: Cultural Property As Intellectual Property, 2015 USC Gould School of Law
3d Printing: Cultural Property As Intellectual Property, Charles Cronin
University of Southern California Legal Studies Working Paper Series
Long before the onset of the now-‐emblematic quarrel between England and Greece over the Parthenon marbles, nations and tribes have squabbled over the extraterritorial transfer of objects of purported cultural significance. Over the past few decades, however, there has been a dramatic increase in the number of cultural property repatriation claims, mostly targeting U.S. collections.
The value of cultural artifacts is generated largely by the intellectual expression they manifest. Digital technologies make increasingly possible the creation of reproductions of even three-‐dimensional artifacts, which are indistinguishable from the originals. This development challenges our attributing value to the “aura ...
Varsity Blues: Student Athlete Unionization Is The Wrong Way Forward To Reform Collegiate Athletics, 2015 University of Maryland Francis King Carey School of Law
Varsity Blues: Student Athlete Unionization Is The Wrong Way Forward To Reform Collegiate Athletics, Michael P. Cianfichi
Maryland Law Review
No abstract provided.
After Further Review: Whether The College Football Playoff Falls Short Of The Antitrust Marker, 2015 University of St. Thomas School of Law, Minnesota
After Further Review: Whether The College Football Playoff Falls Short Of The Antitrust Marker, Jude D. Schmit
Jude D Schmit
Throughout the annals of college football’s most storied traditions, perhaps the most powerful is its legacy for determining championships not on the field but from behind closed doors. This Article looks at the sport’s history of anticompetitive behavior in determining a national champion, including a look at the new College Football Playoff (“CFP”). Despite the CFP’s ambition, the structure does not right the wrongs inflicted by preceding structures and is ultimately subject to potential antitrust attack. Nonetheless, an expanded CFP format could level the playing field and, therefore, shield the structure from liability. This Article concludes that ...
Invisible Labor, Invisible Play: Online Gold Farming And The Boundary Between Jobs And Games, Julian Dibbell
When does work become play, and play work? Courts have considered the question in a variety of economic contexts, from student athletes seeking recognition as employees to professional blackjack players seeking to be treated by casinos just like casual players. Here I apply the question to a relatively novel context: that of online gold farming, a gray-market industry in which wage-earning workers, largely based in China, are paid to play online fantasy games (MMOs) that reward them with virtual items their employers sell for profit to the same games’ casual players. Gold farming is clearly a job (and under the ...
Ohio Athletic Trainer's Reactions To New Ohio Concussion Legislation, 2015 Cedarville University
Ohio Athletic Trainer's Reactions To New Ohio Concussion Legislation, Alexander K. Heaton
The Research and Scholarship Symposium
This research examines the effects that concussion legislation has had on how Certified Athletic Trainers practice medicine in the state of Ohio. In the spring of 2009, the state of Washington passed a bill that would change how concussions are handled in youth sports. According to the legislation, all athletes who display any signs and symptoms of a concussion are to be removed immediately from play and are not able to return to play until cleared by a licensed professional health care provider. Since then, concussion legislation of some form has been passed in every state, with Ohio passing its ...
Copyright And Sport Broadcasting In Australia And England, 2015 Bond University
Copyright And Sport Broadcasting In Australia And England, Chris Davies
Sports Law eJournal
Television rights are an essential component of the revenue generated by professional sporting leagues, and protecting the copyright in the broadcasting of matches is therefore of significant importance to these leagues. A Federal Court decision has held that there had been in breach of copyright when Optus allowed its mobile phone users to access matches on a two minute delay. However, European and English Courts have held that the plaintiff’s copyright only existed in the anthem, graphics and recorded highlights, not in the actual matches.
Constitutional Dimensions Of Sport In Greece, 2015 Bond University
Constitutional Dimensions Of Sport In Greece, Konstantinos Margaritis
Sports Law eJournal
Sports play an important role within development of personality and society in general. Affirming this importance, the Constitution of Greece acknowledges the right to sports as a fundamental right. Furthermore, in certain cases, this may lead to restriction of other fundamental rights guaranteed in the Constitution, in favour of sports. Issues arise regarding those restrictions and the necessity of recognition of sports in the highest level within the legal system of a country, the Constitution.
The Deeply Flawed Inaugural College Football Playoff: A Call For Structural Changes To Protect Against Undue Commercialization, To Ensure Transparency, And To Systematize Democratic Due Process, 2015 Charlotte School of Law
The Deeply Flawed Inaugural College Football Playoff: A Call For Structural Changes To Protect Against Undue Commercialization, To Ensure Transparency, And To Systematize Democratic Due Process, Matthew M. Heekin, Bruce W. Burton
Matthew M. Heekin
This article contends that the new College Football Playoff system (CFP)—as formulated and administered in 2014—contains a series of serious flaws. The new CFP system needlessly incorporates an anti-democratic structure, lacks in the transparency required for sustainability in a democratic society, and endangers the longstanding tradition of the student-athlete in American college athletics. This article offers several detailed suggestions—in part modeled on the Administrative Procedures Act—to correct these flaws and move towards an improved CFP system.
Employing the benchmarks of television viewership and advertising revenues, some have declared the inaugural 2014 College Football Playoff a success ...
Will Ticket Scalpers Meet The Same Fate As Spinal Tap Drummers? The Sale And Resale Of Concert And Sports Tickets, Gregory M. Stein
Pepperdine Law Review
Some people purchase concert or sports tickets for their own entertainment and then are unable to use their tickets. They may have a scheduling conflict, or their favorite team may be underperforming. Other people buy tickets with the intention of giving them as gifts. Still others purchase with the goal of reselling the tickets at a profit. This Article examines the transferability of tickets to performances and sporting events. What, exactly, is a “ticket”? What property and contract rights does the initial ticket holder acquire? Does the holder have the legal power to transfer these rights? To what extent can ...
Cuando Censurar No Es La Solución: La Regulación Jurídica De Los “Programas Basura” En El Mercado Peruano Del Entretenimiento, 2015 Pontificia Universidad Católica del Perú
Cuando Censurar No Es La Solución: La Regulación Jurídica De Los “Programas Basura” En El Mercado Peruano Del Entretenimiento, Javier André Murillo Chávez
Javier André Murillo Chávez
No abstract provided.
Fda Regulation Of Adult Stem Cell Therapies As Used In Sports Medicine, 2015 Boston College Law School
Fda Regulation Of Adult Stem Cell Therapies As Used In Sports Medicine, Mary Ann Chirba, Berkly Sweetapple, Charles P. Hannon, John A. Anderson
Mary Ann Chirba
In sports medicine, adult stem cells are the subject of great interest. Several uses of stem cells are under investigation including cartilage repair, meniscal regeneration, anterior cruciate ligament reconstruction, and tendinopathy. Extensive clinical and basic science research is warranted as stem cell therapies become increasingly common in clinical practice. In the United States, the Food and Drug Administration (FDA) is responsible for regulating the use of stem cells through its “Human Cells, Tissues, and Cellular and Tissue-Based Products” regulations. This report provides a brief overview of FDA regulation of adult stem cells. Several common clinical case scenarios are then presented ...
A Call To The Bullpen: Alternatives To The Morality Clause As Endorsement Companies’ Main Protection Against Athletic Scandal, 2015 Boston College Law School
A Call To The Bullpen: Alternatives To The Morality Clause As Endorsement Companies’ Main Protection Against Athletic Scandal, Andrew Zarriello
Boston College Law Review
High-profile scandals in the sports world, exemplified by Lance Armstrong and Tiger Woods, expose endorsement companies to financial and reputational risks. Endorsement contracts today rely on morality clauses to mitigate this risk of exposure, which unduly restricts a company’s response to an athlete’s misconduct. Clawback clauses, on the other hand, provide companies with a mechanism to fully protect their investment in the employee or sponsored athlete. This Note discusses the practicality of introducing clawback clauses into athletic endorsement contracts. Although many factors inhibit endorsement companies from implementing clawback clauses into endorsement contracts, more beneficial alternatives exist that companies ...
Definitions, Religion, And Free Exercise Guarantees, 2015 Capital University Law School
Definitions, Religion, And Free Exercise Guarantees, Mark Strasser
The First Amendment to the United States Constitution protects the free exercise of religion. Non-religious practices do not receive those same protections, which makes the ability to distinguish between religious and non-religious practices important. Regrettably, members of the Court have been unable to agree about how to distinguish the religious from the non-religious—sometimes, the implicit criteria focus on the sincerity of the beliefs, sometimes the strength of the beliefs or the role that they play in an individual’s life, and sometimes the kind of beliefs. In short, the Court has virtually guaranteed an incoherent jurisprudence by sending contradictory ...
Criminal Liability Of Sports Participants For Sports-Related Injuries In The Czech Republic, 2015 Supreme Court of the Czech Republic Europe
Criminal Liability Of Sports Participants For Sports-Related Injuries In The Czech Republic, Michal Kralik
Sports Law eJournal
This discussion of the liability of sports participants for sports-related injuries in the Czech Republic deals with the issue of criminal liability. The author has published a matching article on civil liability.
Maintaining The Integrity Of The Afl's Draft And Salary Cap Systems, 2015 James Cook University
Maintaining The Integrity Of The Afl's Draft And Salary Cap Systems, Chris Davies
Sports Law eJournal
To retain the integrity of its draft and salary cap systems it is essential that the AFL provided suitable penalties for recent breaches of both systems. While COLA has been viewed by its critics as providing the two Sydney clubs additional money under the their salary caps, a suggested compromise is to keep the allowance for players on the lower end of the AFL salary scale, but phase it out for those on the higher salaries.
Civil Liability Of Sports Participants For Sports-Related Injuries In The Czech Republic, 2015 Supreme Court of the Czech Republic Europe
Civil Liability Of Sports Participants For Sports-Related Injuries In The Czech Republic, Michal Kralik
Sports Law eJournal
This article concerns legal liability of sports participants for sports-related injuries and the approaches adopted by different jurisdictions. In particular, it discusses the Czech Republic’s approach to incidents where a person participating in sports causes injury to another participant. This issue has only recently become the subject of serious study and analysis in the Czech Republic.