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Economic Value, Equal Dignity And The Future Of Sweepstakes, Anthony N. Cabot, Glenn J. Light, Karl F. Rutledge 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Economic Value, Equal Dignity And The Future Of Sweepstakes, Anthony N. Cabot, Glenn J. Light, Karl F. Rutledge

UNLV Gaming Law Journal

The three basic forms of prize gaming are gambling, sweepstakes, and contests. Most states have a common approach to determining the legality of prize gaming. In general, states analyze if an activity includes three factors associated with gambling: (1) opportunity to win a prize, (2) winning based on chance, and (3) consideration paid to take that chance. If you take away any one of the three elements of gambling—consideration, prize, or chance—you have an activity that is lawful in most states. A contest, for example, differs from gambling because the winner is determined by skill. Determination of whether ...


Betting On Dog Racing. The Next Legalised Gambling Opportunity In South Africa? A Cautionary Note From The Regulation Of Greyhound Racing In Great Britain, Marita Carnelley 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Betting On Dog Racing. The Next Legalised Gambling Opportunity In South Africa? A Cautionary Note From The Regulation Of Greyhound Racing In Great Britain, Marita Carnelley

UNLV Gaming Law Journal

This article commences with a brief overview of the history of dog racing in South Africa. It provides a synopsis of South Africa’s current legal position on dog racing and the betting thereon. The main question this article addresses is whether there is any policy reason why dog racing and wagering should not be legalised and regulated. Furthermore, some comments are included discussing how such regulation should fit into the broader existing gambling regulatory framework should the legislature make the decision to legalise dog racing and wagering.

The article concludes with a discussion of the greyhound racing industry in ...


You Can't Get There From Here: Igra Needs Reinvention Into A Relevant Statute For A Mature Industry, Antonia Cowan 2010 Villanova University Charles Widger School of Law

You Can't Get There From Here: Igra Needs Reinvention Into A Relevant Statute For A Mature Industry, Antonia Cowan

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


The Absence Of A Comprehensive Federal Policy Toward Internet And Sports Wagering And A Proposal For Change, Anthony Cabot 2010 Villanova University Charles Widger School of Law

The Absence Of A Comprehensive Federal Policy Toward Internet And Sports Wagering And A Proposal For Change, Anthony Cabot

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Be Kind, Please Rewind - The Second Circuit Gives Cable Providers Something To Watch In Cartoon Network L.P., V. Csc Holdings, Inc., Peter Hamner 2010 Villanova University Charles Widger School of Law

Be Kind, Please Rewind - The Second Circuit Gives Cable Providers Something To Watch In Cartoon Network L.P., V. Csc Holdings, Inc., Peter Hamner

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Sports In The Courts: The Role Of Sports References In Judicial Opinions, Douglas E. Abrams 2010 Villanova University Charles Widger School of Law

Sports In The Courts: The Role Of Sports References In Judicial Opinions, Douglas E. Abrams

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Sports Agents: Ethical Representatives Or Overly Aggressive Adversaries, Stacey B. Evans 2010 Villanova University Charles Widger School of Law

Sports Agents: Ethical Representatives Or Overly Aggressive Adversaries, Stacey B. Evans

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


A Perception Of Impropriety: The Use Of Packaging Deals In College Basketball Recruiting, Erick S. Lee 2010 Villanova University Charles Widger School of Law

A Perception Of Impropriety: The Use Of Packaging Deals In College Basketball Recruiting, Erick S. Lee

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


The Legal & Business Aspects Of Career-Ending Disability Insurance Policies In Professional And College Sports, Glenn M. Wong, Chris Deubert 2010 Villanova University Charles Widger School of Law

The Legal & Business Aspects Of Career-Ending Disability Insurance Policies In Professional And College Sports, Glenn M. Wong, Chris Deubert

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


La Russa's Loophole: Trademark Infringement Lawsuits And Social Networks, Jillian Bluestone 2010 Villanova University Charles Widger School of Law

La Russa's Loophole: Trademark Infringement Lawsuits And Social Networks, Jillian Bluestone

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


U.S. Land-Based And Internet Gambling, Would You Bet On A Rosy Future, Joseph M. Kelly 2010 Villanova University Charles Widger School of Law

U.S. Land-Based And Internet Gambling, Would You Bet On A Rosy Future, Joseph M. Kelly

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Pause The Game: Are Video Game Producers Punting Away The Publicity Rights Of Retired Athletes?, Brandon Johansson 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Pause The Game: Are Video Game Producers Punting Away The Publicity Rights Of Retired Athletes?, Brandon Johansson

Nevada Law Journal

This Note argues that widely recognized retired athletes, such as Jim Brown, whose likenesses have been used in video games, will be able to recover damages under likeness laws if video game producers do not take more action to protect themselves from such lawsuits. Part II of this Note will discuss the history of likeness rights and how they have developed in our legal system. Part III will discuss how licensing agreements operate in sports through collective bargaining agreements between the current athletes and the player unions. This Note will then argue, using Brown v. Sony as an example, that ...


The Olympic Meddle: The International Olympic Committee's Intrusion Of Athletes' Privacy Through The Discriminatory Practice Of Gender Verification Testing, 28 J. Marshall J. Computer & Info. L. 49 (2010), Raheel Saleem 2010 John Marshall Law School

The Olympic Meddle: The International Olympic Committee's Intrusion Of Athletes' Privacy Through The Discriminatory Practice Of Gender Verification Testing, 28 J. Marshall J. Computer & Info. L. 49 (2010), Raheel Saleem

The John Marshall Journal of Information Technology & Privacy Law

The IOC and the IAAF act as governing bodies for athletes and, therefore, are innately responsible for their actions. However, the gender verification rule exemplifies that irresponsible actions by these governing agencies adversely effects its athletes. The gender verification rule empowers both the IOC and the IAAF to make life-changing decisions without any restriction, leaving athletes susceptible to the unfettered power and abuse of the rule. The legal foundation established by the international human rights declarations support the argument that gender verification testing must be abolished because of its embedded discrimination and intrusive nature. An application of the ICCPR provides ...


Laws Of Race/Laws Of Representation: The Construction Of Race And Law In Contemporary American Film, 11 Tex. Rev. Ent. & Sports L. 219 (2010), Cynthia D. Bond 2010 John Marshall Law School

Laws Of Race/Laws Of Representation: The Construction Of Race And Law In Contemporary American Film, 11 Tex. Rev. Ent. & Sports L. 219 (2010), Cynthia D. Bond

Faculty Scholarship

Popular film has a lot to teach us about social narratives of law. Both law and film are story-telling, narrative systems. Accordingly, films about law are "overdetermined" in terms of narrative: they are stories about stories. Race is also a narrative system in which visual representation is key. The significance of the visual apprehension of race is deeply relevant to the legal construction of race as well. For example, in early citizenship cases and racial "passing" cases which persisted through the latter part of the 2 0th century. Since society constructs racial categories in large part by visual identification and ...


Museums And Self-Regulation: Assessing The Impact Of Newly Promulgated Guidelines On The Litigation Of Cultural Property, Rachel Dubin 2010 University of Miami Law School

Museums And Self-Regulation: Assessing The Impact Of Newly Promulgated Guidelines On The Litigation Of Cultural Property, Rachel Dubin

University of Miami Business Law Review

No abstract provided.


Tremendous Upside Potential: How A High-School Basketball Player Might Challenge The National Basketball Association's Eligibility Requirements, Joseph A. Litman 2010 Washington University School of Law

Tremendous Upside Potential: How A High-School Basketball Player Might Challenge The National Basketball Association's Eligibility Requirements, Joseph A. Litman

Washington University Law Review

No abstract provided.


Everything In Its Right Place: Social Cooperation And Artist Compensation, Leah Belsky, Byron Kahr, Max Berkelhammer, Yochai Benkler 2010 Yale Law School Information Society Project

Everything In Its Right Place: Social Cooperation And Artist Compensation, Leah Belsky, Byron Kahr, Max Berkelhammer, Yochai Benkler

Michigan Telecommunications and Technology Law Review

The music industry's crisis response to the Internet has been the primary driver of U.S. copyright policy for over a decade. The core institutional response has been to increase the scope of copyright and the use of litigation, prosecution, and technical control mechanisms for its enforcement. The assumption driving these efforts has been that without heavily-enforced copyright, artists will not be able to make a living from their art. Throughout this period artists have been experimenting with approaches that do not rely on technological or legal enforcement, but on constructing web-based business models that engage fans and rely ...


Patchwork Protection: Copyright Law And Quilted Art, 9 J. Marshall Rev. Intell. Prop. L. 855 (2010), Maureen Collins 2010 John Marshall Law School

Patchwork Protection: Copyright Law And Quilted Art, 9 J. Marshall Rev. Intell. Prop. L. 855 (2010), Maureen Collins

The John Marshall Review of Intellectual Property Law

Historically, quilts have been denied the same copyright protection available to any other expression in a fixed medium. When quilts have been considered protectable, the protectable elements in a pattern have been limited, or the application of the substantial similarity test has varied widely. One possible explanation for this unequal treatment is that quilting is viewed as ‘women’s work.’ Another is that quilts are primarily functional. However, quilts have evolved over time and may now be expensive collectible pieces of art; art that deserves copyright protection. This article traces the history of quilt making, addresses the varying standards of ...


Sports In The Courts: The Role Of Sports References In Judicial Opinions, Douglas E. Abrams 2010 University of Missouri School of Law

Sports In The Courts: The Role Of Sports References In Judicial Opinions, Douglas E. Abrams

Faculty Publications

In cases with no claims or defenses concerning sports, the Supreme Court and lower federal and state courts frequently publish opinions that draw analogies to the rules or terminology of sports familiar to broad segments of the American people. Sports analogies can help the court explain factual or legal points because today’s generation, including the lawyers and litigants who comprise the prime audience for written opinions, grew into adulthood amid an unprecedented saturation of professional and amateur sports in the broadcast and print media, and more recently on the Internet. This article surveys the broad array of sports whose ...


At The Brink Of Free Agency: Creating The Foundation For The Messersmith-Mcnally Decision - 1968-1975, Edmund P. Edmonds 2010 Notre Dame Law School

At The Brink Of Free Agency: Creating The Foundation For The Messersmith-Mcnally Decision - 1968-1975, Edmund P. Edmonds

Writings

One of the most dramatic periods in baseball’s long history of labor relations occurred from 1968 through 1975. The Major League Baseball Players Association negotiated baseball’s first Basic Agreement in 1968 without the benefit of any leverage that could alter most of Organized Baseball’s long practices that controlled the players’ mobility and wages. In 1975, however, the union won an arbitration panel hearing that determined that pitchers Dave McNally and Andy Messersmith were free agents after playing one full season under the renewed option year of their contracts and filing a grievance under the newly adopted arbitration ...


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