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Not Throwing In The Towel: Challenging Exclusive Interscholastic Transgender Athletic Policies Under Title Ix, Thomas R. Smith 2017 Villanova University Charles Widger School of Law

Not Throwing In The Towel: Challenging Exclusive Interscholastic Transgender Athletic Policies Under Title Ix, Thomas R. Smith

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


The Legality Of Daily Fantasy Sports Is In Gamble In Some States: A Closer Look At New York And Delaware's Response To This New(Ish) Trend, Roni Mathew 2017 Villanova University Charles Widger School of Law

The Legality Of Daily Fantasy Sports Is In Gamble In Some States: A Closer Look At New York And Delaware's Response To This New(Ish) Trend, Roni Mathew

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Sports, Media & Millennials: Evolving Landscape Of Consumer Demand, Andrew Brandt, Mark Jackson, Oliver Luck, Mike Nardi 2017 Villanova University Charles Widger School of Law

Sports, Media & Millennials: Evolving Landscape Of Consumer Demand, Andrew Brandt, Mark Jackson, Oliver Luck, Mike Nardi

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Draft Protection Insurance: Elite Athlete Loss-Of-Value Policies And The Emerging Wave Of Coverage Litigation, Daniel J. Kain, C. Scott Toomey, Robert L. Joyce 2017 Villanova University Charles Widger School of Law

Draft Protection Insurance: Elite Athlete Loss-Of-Value Policies And The Emerging Wave Of Coverage Litigation, Daniel J. Kain, C. Scott Toomey, Robert L. Joyce

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


A New Player Has Entered The Game: Immigration Reform For Esports Players, Bridget A.J. Whan Tong 2017 Villanova University Charles Widger School of Law

A New Player Has Entered The Game: Immigration Reform For Esports Players, Bridget A.J. Whan Tong

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Seeking Rights, Not Rent: How Litigation Finance Can Help Break Music Copyright's Precedent Gridlock, Glenn E. Chappell 2017 Duke Law

Seeking Rights, Not Rent: How Litigation Finance Can Help Break Music Copyright's Precedent Gridlock, Glenn E. Chappell

Duke Law & Technology Review

Since its inception, litigation finance has steadily grown in prevalence and popularity in the United States. While many scholars have examined its merits, few have considered litigation finance specifically in the context of copyright law. This is most unfortunate, for there, a vicious cycle has taken hold: high litigation costs discourage many market participants from taking cases to trial or summary judgment in order to vindicate their legal rights, even when they have strong cases. Thus, parties settle almost every case, which in turn prevents resolution of longstanding precedential questions in critical areas of copyright law. The legal uncertainty resulting ...


Restoring Rogers: Video Games, False Association Claims, And The “Explicitly Misleading” Use Of Trademarks, 16 J. Marshall Rev. Intell. Prop. L. 306 (2017), William K. Ford 2017 John Marshall Law School

Restoring Rogers: Video Games, False Association Claims, And The “Explicitly Misleading” Use Of Trademarks, 16 J. Marshall Rev. Intell. Prop. L. 306 (2017), William K. Ford

William K. Ford

Courts have long struggled with how to balance false association claims brought under the Lanham Act with the protections for speech under the First Amendment. The leading approach is the Rogers test, but this test comes in multiple forms with varying degrees of protection for speech. A substantial portion of the litigation raising this issue now involves video games, a medium that more so than others, likely needs the benefit of a clear rule that protects speech. The original version of the test is the simplest and the one most protective of speech. In 2013, the Ninth Circuit endorsed the ...


Diamond Justice—Teaching Baseball And The Law, Edmund P. Edmonds 2017 Notre Dame Law School

Diamond Justice—Teaching Baseball And The Law, Edmund P. Edmonds

Edmund P. Edmonds

Authors Louis H. Schiff and Robert M. Jarvis set out to fill a void in the vast array of legal teaching materials by creating Baseball and the Law: Cases and Materials, the first casebook to concentrate on “The National Pastime.” Their goal was to create a casebook that would propel the expansion of teaching law and baseball courses in law schools. By pulling together appropriate cases and primary reading material with detailed and carefully crafted notes, the authors have admirably completed this task with over 1000 pages of text to allow faculty and students in the legal academy a resource ...


If You Build It, Will They Come? How Baseball’S Antitrust Exemption Impacts Franchise Relocation, Christopher O'Shea 2017 DePaul University

If You Build It, Will They Come? How Baseball’S Antitrust Exemption Impacts Franchise Relocation, Christopher O'Shea

DePaul Journal of Sports Law

No abstract provided.


Collegiate Athletes As Employees: An Analysis Of The Northwestern Football Challenge And Its Relation To The Columbia Nlrb Ruling, Jared Fattore 2017 DePaul University

Collegiate Athletes As Employees: An Analysis Of The Northwestern Football Challenge And Its Relation To The Columbia Nlrb Ruling, Jared Fattore

DePaul Journal of Sports Law

No abstract provided.


The Gray Problem: Should Athletes Be Punished For Their Social Media Posts?, Garry A. Gabison 2017 DePaul University

The Gray Problem: Should Athletes Be Punished For Their Social Media Posts?, Garry A. Gabison

DePaul Journal of Sports Law

No abstract provided.


Whatever Happened To The International Convention Against Doping In Sport: The United States Ratified It, But Then What?, Genevieve F.E. Birren Esq., Dr. Robyn Lubisco 2017 DePaul University

Whatever Happened To The International Convention Against Doping In Sport: The United States Ratified It, But Then What?, Genevieve F.E. Birren Esq., Dr. Robyn Lubisco

DePaul Journal of Sports Law

No abstract provided.


Table Of Contents, 2017 DePaul University

Table Of Contents

DePaul Journal of Sports Law

No abstract provided.


Technology, The Internet And The Evolution Of Webcasters . . . Amazon Revisited, Jessica Michelle Ciminero 2017 Selected Works

Technology, The Internet And The Evolution Of Webcasters . . . Amazon Revisited, Jessica Michelle Ciminero

Jessica Michelle Ciminero

No abstract provided.


A Long-Awaited Reboot: The Fifa Scandal And Its Repercussions For Football’S Governing Body, Matthew B. DiCenso 2017 Boston College Law School

A Long-Awaited Reboot: The Fifa Scandal And Its Repercussions For Football’S Governing Body, Matthew B. Dicenso

Boston College International and Comparative Law Review

On May 21, 2015, Swiss authorities raided the annual congressional meeting of the Fédération Internationale de Football Association, ultimately arresting seven FIFA executives on charges of corruption. The product of a three-year Federal Bureau of Investigation case, the Swiss raid and accompanying Department of Justice indictment was the first step in addressing what authorities describe as enduring and systemic corruption within football’s governing body. In addition to casting a shadow over the world’s most beloved sport, the FIFA scandal highlighted the international organization’s lack of accountability and, most notably, its dire need for change. Although the February ...


“Hurdling” Gender Identity Discrimination: The Implications Of State Participation Policies On Transgender Youth Athletes’ Ability To Thrive, Kayla L. Acklin 2017 Boston College Law School

“Hurdling” Gender Identity Discrimination: The Implications Of State Participation Policies On Transgender Youth Athletes’ Ability To Thrive, Kayla L. Acklin

Boston College Journal of Law & Social Justice

The number of students, in grades kindergarten through high school, who identify as transgender has steadily increased during the last decade. These students seek the same opportunities as their cisgender peers, but are often denied participation in athletic activities because of their non-conforming gender-behavior. Currently, there is no federal law governing transgender participation in sports, which has resulted in an inconsistency among state athletic associations’ participation policies; the vast majority of states restricts participation. These states are limiting transgender students’ ability to receive the benefits that sports provide. To solve this inconsistency and provide equal opportunity for transgender students, this ...


Ecological Economics And Sport Stadium Public Financing, Christopher M. McLeod, John T. Holden 2017 College of William & Mary Law School

Ecological Economics And Sport Stadium Public Financing, Christopher M. Mcleod, John T. Holden

William & Mary Environmental Law and Policy Review

Given the recent importance that sport organizations, academics, and the public have placed on environmental sustainability this Article introduces the study of ecological economics—founded upon Nicholas Georgescu-Roegen’s application of thermodynamics to economics—to legal perspectives on public financing. The authors argue that the economic growth limits implied by thermodynamic principles should be incorporated in the public financing of sport stadiums. More specifically, municipalities can require facilities receiving public financing to produce environmental cost accounting reports and to make them publically available.


The Puzzle Of Deflategate: Private Agreements And The Possibility Of Biased Justice, Alfred C. Yen 2017 Boston College Law School

The Puzzle Of Deflategate: Private Agreements And The Possibility Of Biased Justice, Alfred C. Yen

Alfred C. Yen

In this Article, I study the implications of National Football League Management Council v. National Football League Players Association, the recent decision in which the United States Court of Appeals for the Second Circuit dealt New England Patriots star quarterback Tom Brady a stinging defeat in his so-called "Deflategate" case against the National Football League ("NFL"). I do so because, although most of the court's opinion follows well-established doctrine, a crucial portion of decision quickly glosses over important unanswered questions about federal arbitration law and the enforceability of pre-dispute arbitration agreements that contemplate the appointment of an evidently partial ...


Internet Killed The Radio Star: Preventing Digital Broadcasters From Exploiting The Radio Music License Committee Rate To The Detriment Of Songwriters, Alexander Reed Speer 2017 University of Georgia School of Law

Internet Killed The Radio Star: Preventing Digital Broadcasters From Exploiting The Radio Music License Committee Rate To The Detriment Of Songwriters, Alexander Reed Speer

Journal of Intellectual Property Law

No abstract provided.


The House Advantage: How The Professional And Amateur Sports Protection Act Undermines Concepts Of Federalism, And Severely Impacts New Jersey's Gambling-Feuled Economy, Anthony D'Alessandro 2017 Seton Hall University School of Law

The House Advantage: How The Professional And Amateur Sports Protection Act Undermines Concepts Of Federalism, And Severely Impacts New Jersey's Gambling-Feuled Economy, Anthony D'Alessandro

Seton Hall Circuit Review

No abstract provided.


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