Digital Commons Network^™

Should Your Wearables Be Shareable? The Ethics Of Wearable Technology In Collegiate Athletics, Sarah M. Brown, Katie M. Brown

Marquette Sports Law Review

No abstract provided.

Defining Deliberate Indifference And Institutional Liability Under Title Ix, Lauren Mccoy

Marquette Sports Law Review

No abstract provided.

The Rodchenkov Anti-Doping Act: The United States' Response To The Russian Doping Scandal, Genevieve F.E. Birren

Marquette Sports Law Review

No abstract provided.

The Cost Of Gold: How Generalized Whistleblowing Policies Are Failing Athletes, Hannah M. Davis

Marquette Sports Law Review

No abstract provided.

Using The Law To Combat Sport Business Corruption, Mark Dodds, Barbara Osborne

Marquette Sports Law Review

No abstract provided.

Antitrust Changeup: How A Single Antitrust Reform Could Be A Home Run For Minor League Baseball Players, Jeremy Ulm

Dickinson Law Review (2017-Present)

In 1890, Congress passed the Sherman Antitrust Act to protect competition in the marketplace. Federal antitrust law has developed to prevent businesses from exerting unfair power on their employees and customers. Specifically, the Sherman Act prevents competitors from reaching unreasonable agreements amongst themselves and from monopolizing markets. However, not all industries have these protections.

Historically, federal antitrust law has not governed the “Business of Baseball.” The Supreme Court had the opportunity to apply antitrust law to baseball in Federal Baseball Club, Incorporated v. National League of Professional Baseball Clubs; however, the Court held that the Business of Baseball was not …

Buffer Zones And The Recreational Golf Sector: A Negligence Case Content Analysis, Natalie Bird

Graduate Theses and Dissertations

Buffer zones are a risk management method used within sport and recreation to protect participants and spectators from avoidable injury. Within the recreational golf sector, buffer zone standards do not exist. This poses a problem as golf courses in the recreational sector serve a wide range of customers in terms of age, skill level, and experience. A legal case content analysis of 1,561 golf negligence lawsuits aimed to answer research questions related to locations of incidents, circumstances that led to injury, and injuries or damages that were the result of errant golf shots. A Westlaw search provided the data for …

Ncaa Down For The Count? New State Legislation Threatens Collegiate Sports As We Know It, 19 Uic Rev. Intell. Prop. L. 346 (2020), Joe Nelson

UIC Review of Intellectual Property Law

Since the 1950s, the NCAA’s amateurism shield has served as a stalwart protector in combatting litigation from athletes and coaches within its purview. They have faced many lawsuits since that time, with the overwhelming majority failing. As this comment shows, complaints have been of a wide variety such as antitrust, employment, and state action litigation. The amateurism principle was their defense in each of those situations. But now, many states have recently begun passing legislation that would allow student athletes to obtain compensation, in more ways than one. These statutes are a shot through the heart of the amateurism principle, …

Pandora's Box Enters The Batter's Box: How The Tax Cuts And Jobs Act's Unintended Consequence Places Mlb, And All North American Leagues, In Tax Chaos, Kari Smoker, Alan Pogroszewski, Kyle Stich, Kevin Arnold

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

An Empirical Examination Of Consumer Survey Use In Trademark Litigation, Katie Brown Ph.D, Natasha T. Brison, Paul Batista

Loyola of Los Angeles Entertainment Law Review

This Article is a comprehensive examination of the use of consumer surveys in trademark litigation cases at the federal level. Previous research has shown consumer surveys can be critical to the outcome of trademark litigation, as they measure the idiosyncratic mental associations and reactions of prospective consumers. For this Article, this study examined 843 trademark infringement and dilution cases spanning 2007 to 2017. The findings reveal consumer surveys are not utilized in trademark litigation as often as research suggests they should be. While consumer surveys are not required in trademark litigation, nor necessarily easy or inexpensive to com- mission, this …

The Flsa And The Ncaa's Potential Terrible, Horrible, No Good, Very Bad Day, Sam Ehrlich

Loyola of Los Angeles Entertainment Law Review

The NCAA is at a crossroads with student-athlete compensation. Over the past few decades, the NCAA and its partners have faced lawsuits from several different angles with essentially one consistent argument: Student-athletes deserve to be compensated for what they provide to colleges and universities.

In two such lawsuits—Dawson v. NCAA and Livers v. NCAA—the plaintiffs have attempted a new strategy: arguing that revenue sport student- athletes are employees under the Fair Labor Standards Act (“FLSA”). These cases have gained some traction, and the distinctive protections granted to employees under the FLSA present unique challenges worth exploring.

This Article analyzes the …

When A College Coach's Agent Recruits The Coach's Players: Potential Legal And Ncaa Ramifications, Joshua Lens

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Application Of The Uaaa, Ruaaa, And State Athlete-Agent Laws To Corruption In Men's College Basketball And Revisions Necessitated By Ncaa Rule Changes, Joshua Lens

Marquette Sports Law Review

None

An Empirical Evaluation Of Eada And Ncaa College Sports Financial Data: Applications For Research And Litigation, Ted Tatos

Marquette Sports Law Review

None

Solving The Problem Of Social Cost Through Legislative Pressure: A Case Study Of The Coase Theorem As Applied To The College Basketball Shoe Scandal, Stephen F. Ross, Miles J. Gueno

Marquette Sports Law Review

None

Legal Implications Of Conducting Background Checks On Intercollegiate Student Athletes, Jeffrey F. Levine, Alicia M. Cintron, Kristy L. Mccray

Marquette Sports Law Review

None

Moneyball In The Era Of Biometrics: Who Has Ownership Rights Over The Biometric Data Of Professional Athletes?, Christopher Casher

Dalhousie Journal of Legal Studies

The 2003 release of Michael Lewis’s book, Moneyball, brought into the mainstream a new paradigm for professional sports management: the use of statistical analysis to identify currently undervalued athletes in an effort to gain a competitive advantage. This pressure to accurately value athletes has led, in part, to the widespread collection of professional athletes’ biometric data. While biometric data can create many benefits, its misuse can lead to detrimental outcomes for the athletes, including inequitable contract negotiations, loss of potential revenue from monetization of said data, and a loss of privacy. Thus, this paper seeks to determine who holds the …

Out Of Bounds: A Critical Race Theory Perspective On "Pay For Play", Kevin D. Brown, Antonio Williams

Articles by Maurer Faculty

Under the amateur/education model, the amount of funding that colleges and universities can provide to their student-athletes is limited to the athletes' cost of attending their institution. This model makes sense for most college sports, but National Collegiate Athletic Association ("NCAA") Division I Football Bowl Subdivision and Division I men's basketball tend to generate almost all the revenue to fund their institution's entire athletic programs-as well as a substantial percentage of the revenues received by the NCAA. Furthermore is the realization that a majority of the elite athletes in these two revenue-generating sports are black. As revenues generated by these …

Million Dollar Babies Do Not Want To Share: An Analysis Of Antitrust Issues Surrounding Boxing And Mixed Martial Arts And Ways To Improve Combat Sports, Daniel L. Maschi

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Smart Contract Integration In Professional Sports Management: The Imminence Of Athlete Representation, Joshua Bernstein

DePaul Journal of Sports Law

No abstract provided.

Ncaa Head Coach Responsibilities Legislation, Joshua Lens

DePaul Journal of Sports Law

No abstract provided.

Table Of Contents

DePaul Journal of Sports Law

No abstract provided.

Gratuitous Promises: Overseeing Athletic Organizations And The Duty To Care, Sam C. Ehrlich

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Get Off The Courts: Using Adr Principles To Resolve High School Sport Disputes, Dominic D. Saturday, Amanda M. Siegrist, William A. Czekanski

Marquette Sports Law Review

None

Teaching Ethics With Sports: Recent Developments, Adam Epstein, Barbara Osborne

Marquette Sports Law Review

None

Index: Sports Law In Law Reviews And Journals, Jordan Lysiak

Marquette Sports Law Review

None

Dump And Chase: Why The Nfl, Nba, And Mlb Should Abandon Their Problematic Amateur Draft Age Limits And Rookie Wage Structures And Adopt The Current Nhl Model, Zach Leach

Marquette Sports Law Review

None

Fair Use & Fair Play: Olympic Marketing In The Information Age, Alex Locke

Cardozo International & Comparative Law Review

The note critiques the overreach of intellectual property protections surrounding the Olympics, which have led to hyperlitigation, stifled public engagement, and disproportionately harmed smaller entities while benefiting large corporations. It proposes reforming the Ted Stevens Olympic and Amateur Sports Act by incorporating a fair use framework, modeled after the Copyright Royalty Board, to balance intellectual property enforcement with public participation and transparency. This approach aims to address the challenges posed by ambush marketing and sponsorship protection in the modern media landscape while ensuring equitable opportunities for all stakeholders.

College Students And Corporate Social Responsibility: An Examination Of Corporate-Social Responsible Behavior In College Athletics From The Students’ Perspective, R. Jacob Gilbert

Theses and Dissertations

Much research has been done on corporate social responsibility in the business world. Additionally, while there are major gaps in research on the sports side of corporate social responsibility, there has been very little - if any - research done into corporate social responsibility in college athletics. With approximately 130 major Division I football programs with operating budgets rivaling major corporations, in addition to a plethora of other revenue sports, the actions of these institutions also need to be studied. Thus, in an effort to understand the socially responsible actions of these institutions, this paper dives into the student perspective …

Rewriting Hockey's Unwritten Rules: Moore V. Bertuzzi, Patrick K. Thornton

Maine Law Review

The word “enforcer” or “hockey goon” does not appear in the 2007–2008 National Hockey League (NHL) rulebook. However, every player and coach knows the meaning of those words. Hockey has always had its share of enforcers or “goons” that have protected star players. Steve Moore, former Harvard captain, and his parents have sued NHL tough-man Todd Bertuzzi, the Vancouver Canucks, and the partnership that owned the Canucks for an on-ice incident that occurred between Moore and Bertuzzi on March 8, 2004. Dedicated hockey fans have followed the lawsuit, but with the “incident” now over four years old many have forgotten …