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Symposium Introduction: The New Normal In College Sports: Realigned And Reckoning, Maureen A. Weston

Pepperdine Law Review

On Friday, April 5, 2013, Pepperdine University School of Law in Malibu, California convened the Pepperdine Law Review Symposium on The New Normal in College Sports: Realigned and Reckoning. Highlights included a conversation with institutional leaders of major intercollegiate athletic programs; a consideration of the possibility of an antitrust exemption for the NCAA; the impact of conference realignment, digital media, broadcasting, and commercialization; and other emerging hot topics in college sports.

I’M The One Making The Money, Now Where’S My Cut? Revisiting The Student-Athlete As An “Employee” Under The National Labor Relations Act, John J. Leppler

Pace Intellectual Property, Sports & Entertainment Law Forum

This Article argues why the National Collegiate Athletic Association’s (NCAA) Big-Time Division I College Football and Men’s Basketball student-athletes are legally “employees” and why these student-athletes are inadequately compensated for their revenue-producing skills.

Part II of this Article sets forth the common law “right of control” test and the National Labor Relation Act’s (NLRA) special statutory test for students in a university setting, and shows how the National Labor Relations Board (NLRB) and the judiciary determine whether a particular person, specifically a university student, meets these standards and is legally an “employee”. Moreover, the NCAA asserts it does not have …

Fouling The First Amendment: Why Colleges Can't, And Shouldn't, Control Student Athletes' Speech On Social Media, Frank D. Lomonte

Journal of Business & Technology Law

No abstract provided.

Dmca: Professional Sports Leagues' Answer To Protecting Their Broadcasting Rights Against Illegal Streaming, Stephanie N. Horner

Marquette Sports Law Review

No abstract provided.

Show Me The Mediation!: Introducing Mediation Prior To Salary Arbitration In Major League Baseball, Sam B. Smith

Hofstra Law Review

No abstract provided.

Red Card: Using The National Football League’S “Rooney Rule” To Eject Race Discrimination From English Professional Soccer’S Managerial And Executive Hiring Practices, Jeremy Corapi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

National Football League General Managers: An Analysis Of The Responsibilities, Qualifications, And Characteristics, Christopher R. Deubert, Glenn M. Wong, Daniel Hatman

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Analysis Of The Ncaa Rule Prohibiting A School- Or Conference-Owned Television, Brandon Leibsohn

Marquette Sports Law Review

None

Adr And Sport: Settling Disputes Through The Court Of Arbitration For Sport, The Fifa Dispute Resolution Chamber, And The Wipo Arbitration & Mediation Center, Ian Blackshaw

Marquette Sports Law Review

No abstract provided.

Jay Z Has 99 Problems, And Being A Sports Agent May Be One, Darren A. Heitner, Bryan Saul

Marquette Sports Law Review

No abstract provided.

Enough Is Enough: The Case For Federal Regulation Of Sports Agents, James Masteralexis, Lisa Masteralexis, Kevin Snyder

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

From The Director, Andrew Brandt

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The Not-So-Artful Dodger: The Mccourt-Selig Battle And The Powers Of The Commissioner Of Baseball, Matthew L. Winkel

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Going Outside Title Ix To Keep Coach-Athlete Relationships In Bounds, Deborah L. Brake

Marquette Sports Law Review

None

"A Radical Proposal": Title Ix Has No Place In College Sport Pay-For-Play Discussions, Ellen J. Staurowsky

Marquette Sports Law Review

None

Consent Theory As A Possible Cure For Unconscionable Terms In Student-Athlete Contracts, Thomas A. Baker Iii, John Grady, Jesse M. Rappole

Marquette Sports Law Review

None

Social Media In Sports: Can Professional Sports League Commissioners Punish 'Twackle Dummies'?, Daniel J. Friedman

Pace Intellectual Property, Sports & Entertainment Law Forum

Daniel J. Friedman writes an article discussing the rise and popularity in social media use by professional athletes. He then discusses some of the new problems that have arisen due to social media misuse and the power of the Commissioner to restrict and punish the players for misuse. The article culminates with a case study hypothetical related to content based social media misuse and whether the Commissioners of professional sports league can punish a player for the content of their social media messages.

Football V. Football: A Comparison Of Agent Regulation In France’S Ligue 1 And The National Football League, Thomas A. Baker Iii, Darren A. Heitner, Jean Francois Brocard, Kevin K. Byon

Pace Intellectual Property, Sports & Entertainment Law Forum

Baker, Heitner, Broçard and Byon, in their article Football v. Football, analyze agent regulation in the NFL and compare it to how agents are regulated in France for Ligue 1. The article begins with a brief discussion on the concept of a sports agency that includes analysis of governmental regulation of agency in both the United States and in France. The article continues by exploring how agents are regulated in their representation of the NFL and Ligue 1 football players. Subsequently the article concludes with a discussion that includes suggestions concerning future agent regulation for both the NFL and Ligue …

Gender Non-Conformity As A Foundation For Sex Discrimination: Why Title Ix May Be An Appropriate Remedy For The Ncaa's Transgender Student-Athletes, Jennifer V. Sinisi

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Don Fehr Trades His Ball For A Puck: Will He Continue To Score, Jordan I. Kobritz, Jeffrey F. Levine, Steven C. Palmer

Jeffrey S. Moorad Sports Law Journal (1994 - )

The article discusses former Major League Baseball Players' Association (MLBPA) Executive Director Donald Fehr and his decision to help the National Hockey League Players' Association (NHLPA) with the reforming of its constitution and its search for a director. The NHLPA's plan to use Fehr in its collective bargaining agreement (CBA) negotiations with the National Hockey League (NHL) in 2012 is also addressed.

Unconstitutional Hosting Of The Super Bowl: Anti-Ambush Marketing Clean Zones' Violation Of The First Amendment, Ari J. Sliffman

Marquette Sports Law Review

None

Huddle Up: Using Mediation To Help Settle The National Football League Labor Dispute, Jeremy Corapi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Antitrust, Governance, And Postseason College Football, Michael Mccann

Law Faculty Scholarship

This Article examines the compatibility of the Bowl Championship Series (“BCS”) with federal antitrust law and the appropriateness of the federal government using its formal and informal powers to encourage a new format for postseason college football. The Article begins by examining the legality of the BCS under Sections 1 and 2 of the Sherman Antitrust Act. It then discusses the appropriateness of government actors concerning themselves with, and expending taxpayer dollars on, the scheduling of college football games. The Article concludes by offering possible changes to the scheduling structure of postseason college football, with an emphasis on voluntary, efficiency-promoting …

National Basketball Association General Managers: An Analysis Of The Responsibilities, Qualifications And Characteristics, Glenn M. Wong, Chris Deubert

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

If You're Hurt, Where Is Home? Recently Drafted Minor League Baseball Players Are Compelled To Bring Workers' Compensation Action In Team's Home State Or In Jurisdiction More Favorable To Employers, James T. Masteralexis, Lisa P. Masteralexis

Marquette Sports Law Review

None.

Ante Up Or Fold: What Should Be Done About Gambling In College Sports?, Erica N. Reib

Marquette Sports Law Review

None.

What's A Clean Agent To Do - The Case For A Cause Of Action Against A Player's Association, Chris Deubert

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Final Offer Arbitration And Major League Baseball, Michael L. Miller

Master's Theses and Doctoral Dissertations

In 1974 Major League Baseball implemented the use of Final Offer Arbitration (FOA) to settle contract disputes for those players who were not yet eligible for free agency. Final Offer Arbitration was chosen because of its design to have parties reach settlement before the actual arbitration hearing. The purpose of this research is to evaluate if this system is the best method for settling contract disputes by analyzing whether Major League Baseball and its Players Association are using the system correctly, whether the system is fair and consistent, whether FOA has an effect on player performance, and also whether there …

Going Pro In Sports: Providing Guidance To Student-Athletes In A Complicated Legal & Regulatory Environment, Glenn M. Wong, Warren Zola, Chris Deubert

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Nba And The Single Entity Defense: A Better Case?, Michael A. Mccann

Law Faculty Scholarship

This Article will explore the relationship between the National Basketball Association, its independently-owned teams, and associated corporate entities, including the Women’s NBA, NBA Properties, NBA Developmental League, NBA China, and single entity analysis under section 1 of the Sherman Act. Section 1 chiefly aims to prevent competitors from combining their economic power in ways that unduly impair competition or harm consumers, be it in terms of raised prices, diminished quality, or limited choices. Single entities are exempt from section 1 because they are considered “one,” rather than competitors, and thus their collaboration does not implicate anticompetitive concerns.

In American Needle …