Digital Commons Network^™

American Needle V. Nfl: An Opportunity To Reshape Sports Law, Michael Mccann

Law Faculty Scholarship

This Feature will explore American Needle, Inc. v. NFL and its potential impact on professional sports in the United States. In August 2008, the United States Court of Appeals for the Seventh Circuit held that the National Football League (NFL) and its teams operate as a “single entity” for purposes of apparel sales. Because a single entity cannot conspire with itself, it cannot violate Section 1 of the Sherman Act, which prohibits concerted action that unreasonably restrains trade. The U.S. Supreme Court recently granted a writ of certiorari and will review American Needle in its 2009-2010 Term. As this Feature …

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 (1994 - )

No abstract provided.

The Reverse-Morals Clause: The Unique Way To Save Talent's Reputation And Money In A New Era Of Corporate Crimes And Scandals, Porcher L. Taylor Iii, Fernando M. Pinguelo, Timothy D. Cedrone

School of Professional and Continuing Studies Faculty Publications

This article sails into the largely unchartered waters of reverse-morals clauses because, to our knowledge, there are no law review or law journal articles that substantially address this still nascent area of law.²⁵ Similarly, our research has not revealed any state or federal cases involving reverse-morals clauses.²⁶ Nor has an actual talent contract containing such a clause been publicly revealed, either in terms of language or the identification of the parties to such a clause,²⁷ although reportedly "an increasingly larger number" of talent are now asking for reverse-morals clauses in the wake of the Enron fallout and …

Labor Pains: The Effect Of A Work Stoppage In The Nfl On Its Coaches, Robert H. Lattinville, Robert A. Boland, Bennett Speyer

Marquette Sports Law Review

No abstract provided.

2009 Annual Survey: Recent Developments In Sports Law, Paul M. Anderson

Marquette Sports Law Review

No abstract provided.

Table Of Contents

Marquette Sports Law Review

No abstract provided.

Foreword: The National Sports Law Institute's Sports Law Alumni Association, Paul M. Anderson

Marquette Sports Law Review

No abstract provided.

Changing Playing Fields: The Sports Attorney's Obligation To Learn Green, W. S. Miller

Marquette Sports Law Review

No abstract provided.

Internships In Sports Management Curriculum: Should Legal Implications Of Experiential Learning Result In The Elimination Of The Sport Management Internship?, Kristi L. Schoepfer, Mark Dodds

Marquette Sports Law Review

No abstract provided.

140 Characters Or Less: Maintaining Privacy And Publicity In The Age Of Social Networking, Lauren Mccoy

Marquette Sports Law Review

No abstract provided.

One Trilogy That Should Go Without A Sequel: Why The Baseball Antitrust Exemption Should Be Repealed, Brittany Van Roo

Marquette Sports Law Review

No abstract provided.

The Reverse-Morals Clause: The Unique Way To Save Talent's Reputation And Money In A New Era Of Corporate Crimes And Scandals, Porcher L. Taylor Iii, Fernando M. Pinguelo, Timothy D. Cedrone

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Supreme Court As The Grand Mediator In Social Regulation Of The Media - De Gustibus Non Disputandum Est: Or Are They, Richard J. Hunter, Ann M. Mayo, Hector R. Lozada

UC Law SF Communications and Entertainment Journal

This article presents a study of administrative and statutory schemes designed to regulate various aspects of the media in considering broad questions of indecency, obscenity, and societal and parental controls over content in various forms of media broadcasting. The article then provides an important historical back-drop by referencing Burstyn v. Wilson (a 1950s case involving an alleged "secular sacrilege") and Pacifica Foundation (the George Carlin "Filthy Words" monologue case). It then turns to a discussion of the litigation and controversy spurred by passage of the Communications Decency Act of 1996 and the Child Online Protection Act of 1998 as the …

Automatic Outs: Salary Arbitration In Nippon Professional Baseball, David L. Snyder

Marquette Sports Law Review

No abstract provided.

2008 Joseph E. O'Neill Award Acceptance Speech, Honorable Anne M. Burke

Marquette Sports Law Review

No abstract provided.

Fantasy Sports: A Game Of Skill That Is Implicitly Legal Under State Law, And Now Explicitly Legal Under Federal Law, Jon Boswell

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Disbarring Jerry Maguire: How Broadly Defining "Unauthorized Practice Of Law" Could Take The "Lawyer" Out Of "Lawyer-Agent" Despite The Current State Of Athlete Agent Legislation, Jeremy J. Geisel

Marquette Sports Law Review

No abstract provided.

2006 Annual Survey: Recent Developments In Sports Law, Megan Ryther

Marquette Sports Law Review

No abstract provided.

Pro Teams Should Reward Good Off-Field Behavior, Porcher L. Taylor Iii, David R. Maraghy

School of Professional and Continuing Studies Faculty Publications

Professional sports—particularly the NFL and NBA, whose players clearly are behavioral models for kids and even young adults—should join the cash-for-performance movement by rewarding players for their exemplary good citizenship off the field. Why not reward integrity-passionate athletes like Matt Hasselbeck of the Seattle Seahawks or Willie McGinest of the Cleveland Browns with annual bonuses of $100,000 each—or donate that amount to their favorite charities? Such a bonus program would require more than being scandal-or police-blotter-free for a year. To qualify, players would have to travel at the highest moral altitude of sports ambassadorship and citizenship. Character counts and should …

Fighting Baseball Doping In Latin America: A Critical Analysis Of Major League Baseball's Drug Prevention And Treatment Program In The Dominican Republic And Venezuela, David P. Fidler, Arturo J. Marcano Guevara

Articles by Maurer Faculty

No abstract provided.

Legality Of Age Restrictions In The Nba And Nfl, Michael Mccann, Joseph S. Rosen

Law Faculty Scholarship

This essay examines age eligibility rules in the National Football League (NFL) and the National Basketball Association (NBA), offers analysis of related antitrust and labor law issues, and shares perspective on underlying policies. As a matter of background, the NFL and the NBA are the only major sports organizations that prohibit players from entrance until a prescribed period after high school graduation. Major League Baseball, the National Hockey League, NASCAR, professional tennis, professional golf, and professional boxing have no such rules. Individuals can also partake in professional acting, theater, music, and other entertainment professions without satisfying a period after high …

It’S Not About The Money: The Role Of Preferences, Cognitive Biases And Heuristics Among Professional Athletes, Michael Mccann

Law Faculty Scholarship

Professional athletes are often regarded as selfish, greedy, and out-of-touch with regular people. They hire agents who are vilified for negotiating employment contracts that occasionally yield compensation in excess of national gross domestic products. Professional athletes are thus commonly assumed to most value economic remuneration, rather than the love of the game or some other intangible, romanticized inclination.

Lending credibility to this intuition is the rational actor model, a law and economic precept which presupposes that when individuals are presented with a set of choices, they rationally weigh costs and benefits, and select the course of action that maximizes their …

The Reckless Pursuit Of Dominion: A Situational Analysis Of The Nba And Diminishing Player Autonomy, Michael Mccann

Law Faculty Scholarship

This Article examines required genetic testing of NBA players from a situational vantage point, integrating socio-psychological, legal, and ethical analyses. The core argument may be expressed as follows: required genetic testing of NBA players appears consistent with a broader and largely deleterious agenda by the NBA to control players. Since implementation of the rookie wage scale in 1995 through the recent imposition of a paternalistic player dress code, the NBA has increasingly usurped player autonomy. The NBA's capacity to do so largely rests in its adroit manipulation of the situational influences that influence fans and media. For instance, because of …

Social Psychology, Calamities, And Sports Law, Michael Mccann

Law Faculty Scholarship

This Article examines the role of situational pressures, fundamental attribution errors, and legal frameworks in how professional sports actors respond to the threat and occurrence of calamities. Both natural and manmade threats to American health are likely to rise over the next decade. Such threats may include catastrophic weather, natural disasters, terrorist attacks, and communicable disease pandemics. In response to these threats, professional sports leagues, professional athletes, fans, and media might engage in unprecedented behavior. Consider, for instance, increasingly-devastating weather patterns, and how they might animate leagues to relocate franchises to cities with more favorable forecasts. The same outcome might …

The "Theatre Of Dreams"? - Manchester United Fc, Globalization, And International Sports Law, Ola Olatawura

Marquette Sports Law Review

No abstract provided.

Foreword: National Sports Law Institute Board Of Advisors , Matthew J. Mitten, Paul M. Anderson

Marquette Sports Law Review

No abstract provided.

Coaching In The National Football League: A Market Survey And Legal Review, Robert H. Lattinville, Robert A. Boland

Marquette Sports Law Review

No abstract provided.

Forced To Punt: How The Bowl Championship Series And The Intercollegiate Arms Race Negatively Impact The Policy Objectives Of Title Lx, Kevin J. Rapp

Indiana Law Journal

No abstract provided.

Rules Of A Sport- Specific Arbitration Process As An Instrument Of Policy Making, Hilary A. Findlay

Marquette Sports Law Review

No abstract provided.

An "Insider's" Guide To The Legal Liability Of Sports Contest Officials, Richard J. Hunter Jr.

Marquette Sports Law Review

No abstract provided.