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Criminal Liability Of Sports Participants For Sports-Related Injuries In The Czech Republic, Michal Kralik 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, Chris Davies 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, Michal Kralik 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.


Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca 2015 University of Akron School of Law

Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca

Akron Law Publications

Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further ...


Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca 2015 University of Akron School of Law

Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca

Ryan G. Vacca

Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further ...


Popular Culture's Portrayal Of Attorney Decision-Making And It's Consequences- An Analysis Of An Attorney's Internal Ethical Conflict In Film, Tara M. Parente 2015 Barry University

Popular Culture's Portrayal Of Attorney Decision-Making And It's Consequences- An Analysis Of An Attorney's Internal Ethical Conflict In Film, Tara M. Parente

Tara M. Parente

This paper explores how attorneys deal with ethical conflicts throughout their careers. The paper also incorporates the use of the films The Devil's Advocate and Counsellor at Law and how the attorneys in these films deal with the pressures of being an attorney. Popular culture portrays attorneys in a specific light and exemplifies the struggles they endure while advancing their careers.


Ohio And Sports Law, Adam Epstein 2015 Central Michigan University

Ohio And Sports Law, Adam Epstein

Adam Epstein

The purpose of this paper is to offer a broad perspective on how individuals, universities and professional teams associated with the state of Ohio have had a varied impact on sports law in general. Many of the cases and decisions discussed in this paper include familiar incidents and issues involving basketball coach Jim O’Brien, pitcher Andy Oliver, running back Maurice Clarett, sprinter Harry “Butch” Reynolds, high school football player Bobby Martin, Major League Baseball (MLB) manager Pete Rose and others. This article could also be viewed as a starting point for further research involving this Midwestern state also known ...


Attack Of The Cheerleaders! Allegations Of Violations Of The Flsa On An Uncertain Landscape, Adam Epstein 2015 Central Michigan University

Attack Of The Cheerleaders! Allegations Of Violations Of The Flsa On An Uncertain Landscape, Adam Epstein

Adam Epstein

In 2013-14, several lawsuits were brought by National Football League (NFL) cheerleaders who claimed that their respective football clubs violated federal or state law with regard to violations of the Fair Labor Standards Act (FLSA), the 1938 federal act that mandates the minimum wage, overtime provisions, and so on. Interestingly, and at the same time, national discourse manifest itself over possibly increasing the federal, state and local minimum wage with various states and cities voting in favor of increasing their minimum wage. The purpose of this article is to explore the recent claims by certain NFL cheerleaders and to analyze ...


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

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 ...


"Show Me The Money!"-Analyzing The Potential State Tax Implications Of Paying Student-Athletes, Kathryn Kisska-Schulze, Adam Epstein 2014 North Carolina A & T State University

"Show Me The Money!"-Analyzing The Potential State Tax Implications Of Paying Student-Athletes, Kathryn Kisska-Schulze, Adam Epstein

Adam Epstein

On March 26, 2014, the Chicago district (Region 13) of the National Labor Relations Board (NLRB) ruled that Northwestern University football players qualify as employees and can unionize and bargain collectively, a decision which contravenes the National Collegiate Athletic Association’s (NCAA) core principle of amateurism. Shortly after, Northwestern University filed an appeal with the NLRB in Washington, D.C. to quash the prior Region 13 decision. This case has added fuel to the longstanding debate over whether student-athletes should be paid. Amidst arguments both for and against supporting the pay-for-play model from a purely compensatory stance, there has been ...


Uniform Alternative Dispute Resolution: The Answer To Preventing Unscrupulous Agent Activity, Scott Kestenbaum 2014 Pepperdine University

Uniform Alternative Dispute Resolution: The Answer To Preventing Unscrupulous Agent Activity, Scott Kestenbaum

Pepperdine Dispute Resolution Law Journal

This Note addresses whether there should be an arbitration and mediation section added to both the Uniform Athlete Agent Act (UAAA), and Sports Agent Responsibility and Trust Act (SPARTA) to establish a uniform dispute resolution process for dealing with unscrupulous acts of athlete agents. This issue is distinctive because while all four professional sports leagues’ players associations have specific arbitration procedures in their athlete agent regulations, the two statutes governing athlete agent conduct do not adopt a uniform policy relating to arbitration procedures. This Note addresses the prior history of state and federal legislation pertaining to an athlete agent, including ...


Lord Of The Reels: Can Georgia Learn From Canada's Success To Rescue Its Film Industry?, Woodrow W. Ware III 2014 University of Georgia School of Law

Lord Of The Reels: Can Georgia Learn From Canada's Success To Rescue Its Film Industry?, Woodrow W. Ware Iii

Georgia Journal of International & Comparative Law

No abstract provided.


The European Union, State-Sponsored Gambling, And Private Gambling Services: Time For Harmonization?, Matthew W. Mauldin 2014 University of Georgia School of Law

The European Union, State-Sponsored Gambling, And Private Gambling Services: Time For Harmonization?, Matthew W. Mauldin

Georgia Journal of International & Comparative Law

No abstract provided.


Intellectual Property, Marathons, And Other Running Events, John C. Zwisler 2014 Northeastern University

Intellectual Property, Marathons, And Other Running Events, John C. Zwisler

John C Zwisler

No abstract provided.


Simply A Dress Rehearsal? U.S. Olympic Sports Arbitration And De Novo Review At The Court Of Arbitration For Sport, Maureen A. Weston 2014 Pepperdine University School of Law

Simply A Dress Rehearsal? U.S. Olympic Sports Arbitration And De Novo Review At The Court Of Arbitration For Sport, Maureen A. Weston

Georgia Journal of International & Comparative Law

No abstract provided.


Making The Game Beautiful Again: Lessons From Brazil Provide A Roadmap For Rebuilding Soccer In Nigeria, John Cates 2014 University of Georgia School of Law

Making The Game Beautiful Again: Lessons From Brazil Provide A Roadmap For Rebuilding Soccer In Nigeria, John Cates

Georgia Journal of International & Comparative Law

No abstract provided.


Bcs Europa: An Analysis Of The Bowl Championship Series Under The European Commission White Paper On Sport, Deanna Brock 2014 University of Georgia School of Law

Bcs Europa: An Analysis Of The Bowl Championship Series Under The European Commission White Paper On Sport, Deanna Brock

Georgia Journal of International & Comparative Law

No abstract provided.


Human Rights Violations By Canadian Companies Abroad: Choc V Hudbay Minerals Inc, Susana C. Mijares Peña 2014 University of Western Ontario, Law Faculty

Human Rights Violations By Canadian Companies Abroad: Choc V Hudbay Minerals Inc, Susana C. Mijares Peña

Western Journal of Legal Studies

Canadian mining corporations operating abroad represent a challenge to the international legal system and Canadian legal system in the field of human rights. Currently, there are no legal mechanisms available to ensure that these corporations abide by international standards and voluntary codes. For this reason, some argue that Canadian courts should be more active in holding Canadian companies accountable for the human rights violations of their affiliates operating abroad. The recent Ontario Superior Court of Justice decision of Choc v Hudbay Minerals suggests that for the first time, a Canadian court is ready to play a regulatory role in preventing ...


Moving All-In With The World Trade Organization: Ignoring Adverse Rulings And Gambling With The Future Of The Wto, Paul Rothstein 2014 University of Georgia School of Law

Moving All-In With The World Trade Organization: Ignoring Adverse Rulings And Gambling With The Future Of The Wto, Paul Rothstein

Georgia Journal of International & Comparative Law

No abstract provided.


Troubled Waters: Diana Nyad And The Birth Of The Global Rules Of Marathon Swimming, Hadar Aviram 2014 University of California, Hastings College of the Law

Troubled Waters: Diana Nyad And The Birth Of The Global Rules Of Marathon Swimming, Hadar Aviram

Hadar Aviram

On September 3, 2013, Diana Nyad reported having completed a 110-mile swim from Cuba to Florida. The general enthusiasm about her swim was not echoed in the marathon swimming community, whose members expressed doubts about the integrity and honesty of the swim. The community debate that followed gave rise to the creation of the Global Rules of Marathon Swimming, the first effort to regulate the sport. This Article uses the community’s reaction to Nyad’s deviance to examine the role that crime and deviance plays in the creation and modification of legal structures. Relying on Durkheim’s functionalism theory ...


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