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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.


Dropping The Ball: How Fifa Can Address The Match Fixing Problem Facing Professional Football, Katarzyna Kordas 2015 SelectedWorks

Dropping The Ball: How Fifa Can Address The Match Fixing Problem Facing Professional Football, Katarzyna Kordas

Katarzyna Kordas

This comment discusses the evils of match fixing in professional football and urges FIFA to take action to completely eradicate the issue. The integrity of professional football is suffering as a result, and the problem will only continue to grow if FIFA and other football organizations do not address the issue head on. The comment recaps recent and historic scandals that tarnished the reputation of professional football and considers the motivations that lead individuals to fix matches. It also analyzes FIFA’s shortcomings in its response to match fixing and criticizes its lack of investigation in recent years. The organization ...


Campbell At 21/Sony At 31, Jessica Litman 2015 University of Michigan

Campbell At 21/Sony At 31, Jessica Litman

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 ...


"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.”


Watch & Learn: Illegal Behavior And Obedience To Legal Norms Through The Eyes Of Israeli And American Popular Culture, Itay Ravid 2015 Berkeley Law

Watch & Learn: Illegal Behavior And Obedience To Legal Norms Through The Eyes Of Israeli And American Popular Culture, Itay Ravid

Berkeley Journal of Entertainment and Sports Law

No abstract provided.


“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 2015 Boston College Law School

“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, Michael T. Jones 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, Charles Cronin 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, Michael P. Cianfichi 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, Jude D. Schmit 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 2015 SelectedWorks

Invisible Labor, Invisible Play: Online Gold Farming And The Boundary Between Jobs And Games, Julian Dibbell

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, Alexander K. Heaton 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, Chris Davies 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, Konstantinos Margaritis 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, Matthew M. Heekin, Bruce W. Burton 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 ...


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