Digital Commons Network^™

Rights Of Publicity: A Practitioner's Enigma, Gil N. Peles Esq.

Journal of Intellectual Property Law

No abstract provided.

The Air Jordan Rules: Image Advertising Adds New Dimension To Right Of Publicity–First Amendment Tension, Stephen Mckelvey, Jonathan Goins, Frederick Krauss

Fordham Intellectual Property, Media and Entertainment Law Journal

Every year, corporations spend on average nearly thirty-five billion dollars on sports-related marketing, ranging from stadium naming rights and promotional sponsorships, to commercials and endorsement deals. In mining through some of the potential legal traps, corporate advertisers understand that utilizing the name, image, or likeness of athletes or celebrities in marketing and promotional campaigns requires some form of consent and compensation. Corporations hire lawyers for “advertising clearance”: to ensure that slogans, logos, and images are available for use, and that video and music in audio-visual recordings are otherwise licensed. The concept of getting permission or authorization is relatively straight-forward. However, …

Lights, Camera, … Injury! The Nba Needs To Ban Courtside Cameramen, Joshua D. Winneker, Philip Schultze, Sam C. Ehrlich

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Vol. 50, No. 09 (March 21, 2016)

Indiana Law Annotated

No abstract provided.

The Ncaa Is Dropping The Ball: Refining The Rights Of Student-Athletes, Caroline K. Kane

DePaul Law Review

No abstract provided.

Sports And Entertainment - Notable Alumni List, New York Law School

At 125 Years

A list of notable alumni within the sports and entertainment industries.

Empirical Rationalization Of Prior Substantiation Doctrine: Federal Trade Commission V. Reebok & Sketchers, Sungho Cho, Yongjae Kim

Loyola Consumer Law Review

Companies frequently make efficacy claims in advertisements to introduce new products featuring innovative technology. When such claims are supported by information obtained from scientific research or expert testimonials, they are subject to the doctrine of prior substantiation. Under the doctrine, an advertisement claim based on seemingly credible authorities must be substantiated by a reasonable basis before it is released to the general public. Otherwise, the advertisement will be in violation of Section 5(a) of the Federal Trade Commission Act that prohibits "unfair or deceptive acts affecting commerce."' This study investigates the rationale of the legal rule in light of consumer …

Institutional Racism In The Ncaa And The Racial Implications Of The "2.3 Or Take A Knee" Legislation, Akuoma C. Nwadike, Ashley R. Baker, Velina B. Brackebusch, Billy J. Hawkins

Marquette Sports Law Review

None

College Athletic Departments As Media Organizations And The Regulation Of Content: Issues For The Digital Age, Stephen W. Dittmore

Marquette Sports Law Review

None

Athletic Directors, Martin J. Greenberg, Alexander W. Evrard

Marquette Sports Law Review

None

From Board Of Regents To O'Bannon: How Antitrust And Media Rights Have Influenced College Football, Thomas A. Baker Iii, Natasha T. Brison

Marquette Sports Law Review

None

Are Institutions Of Higher Education Failing To Protect Students?: An Analysis Of Title Ix's Sexual Violence Protections And College Athletics, Anita M. Moorman, Barbara Osborne

Marquette Sports Law Review

None

A Uniform Application Of The Jock Tax: The Need For Congressional Action, Nick Overbay

Marquette Sports Law Review

No abstract provided.

Athletes Have Rights Too, Right? Investigating The Extreme Unfairness In Sports' Purported Supreme Authority - Why The International Court Of Arbitration For Sport Fails To Reign Supreme, Zachary Gotlib

Cardozo Journal of International and Comparative Law

The note argues that the Court of Arbitration for Sport (CAS), despite its role as a leading body in international sports dispute resolution, fails to achieve true supremacy due to systemic unfairness. CAS lacks key principles of fairness, particularly in its treatment of individual athletes compared to powerful entities like teams and leagues, hindering its ability to be recognized as a supreme judicial body.

Standardized Testing, Learning, And Meritocracy: A Reply To Professor Dan Subotnik, Harvey Gilmore

Touro Law Review

No abstract provided.

Inequality, Discrimination And Sexual Violence In Us Collegiate Sports, Erin E. Buzuvis, Kristine Newhall

Faculty Scholarship

While college athletics attract thousands of participants and millions of fans each year, examination of United States college athletics reveals a pattern of inequality, discrimination and abuse, which operates to foreclose women's access and suppress women's interest in athletic participation and leadership. This Chapter examines three gender related issues of integrity in college athletics: gender discrimination in athletic participation and opportunity; barriers to leadership for women coaches and administrators; and the relationship between athletics and sexual violence at college and universities. The Chapter also identifies a number of remedies that can mitigate these problems involving the Department of Education, Congress, …

Rescuing The “Supreme Court” Of Sports: Reforming The Court Of Arbitration For Sport Arbitration Member Selection Procedures, Jennifer R. Bondulich

Brooklyn Journal of International Law

The international athletic community’s preference for arbitration over traditional domestic courts to settle disputes between individual athletes and their respective sports governing bodies has led to the development of an authority specializing in international sports dispute resolution—the Court of Arbitration for Sport (CAS). Originally created in 1984 by the International Olympic Committee (IOC) to hear Olympic disputes, CAS has developed into the exclusive arbitral body for international sports disputes, and clauses granting CAS exclusive authority are found in essentially all contracts between individual athletes and their respective athletic federation. Although, CAS functions as the “Supreme Court” of Sports and is …

Daily Fantasy Sites Engage In A Legal War For Survival, Danni R. Santana

Capstones

Over the past two years, the world has changed its perception of daily fantasy sports. FanDuel and DraftKings have taken the world by storm, making huge profits off even the casual fans desire to win money everyday, instead of just once at the end of a season. Lawmakers have noticed and are eager to regulate the business or ban it altogether, as seen in New York. What was once a weekend hobby is now a multi-billion dollar business. A business lawmakers say is just another form of gambling and doesn't require skill.

Animal Politics: Money, Power, And The Endangered Species Act, Edward J. Armellino

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

By Any Other Name: Image Advertising And The Commercial Speech Doctrine In Jordan V. Jewel, Kelly Miller

Loyola of Los Angeles Entertainment Law Review

This Comment focuses on the commercial speech doctrine as applied to modern advertising strategies, specifically, corporate image advertising. It centers on the recent litigation between basketball superstar Michael Jordan and a Chicago-area grocery chain, Jewel-Osco. When Michael Jordan was inducted into the Basketball Hall of Fame, Jewel-Osco was invited to submit a congratulatory ad for a commemorative issue of Sports Illustrated devoted exclusively to Jordan’s career and accomplishments. Because Jordan had spent the bulk of his storied professional basketball career with the Chicago Bulls, the ad seemed a natural fit. Jordan, who did not give permission for his name to …

Torts In Sports - "I'Ll See You In Court!", John F. Carrol

Akron Law Review

This comment analyzes violence in the major professional sports of football, hockey, basketball, and baseball and the inability of the internal control systems of the various sports leagues to adequately control incidents of excessive violence. Judicial redress should be available for injuries resulting from acts committed outside of the rules of the game. The possible theories of recovery and applicable defenses to liability will be analyzed. Criminal liability also will be considered along with recently proposed congressional bills which advocate civil and criminal penalties for excessively violent acts in professional sports.

Punt, Impasse Or Kick: The 1987 Nflpa Antitrust Action, Elyzabeth Joy Holford

Akron Law Review

The business aspects of professional sport dominated the media when a twenty-seven day strike disrupted the 1987 NFL football season, which included the hiring of replacement players, the filing of numerous labor charges by both the NFL Management Council (NFLMC) and the NFL Players' Association (NFLPA) and the dismal end of the strike after many players crossed the picket lines to return to play.' On the day that the NFLPA announced that the strike was over, they also shifted into their final goal line defense: the filing of an antitrust action against the National Football League (NFL) and each individual …

I'Ll Make Him An Offer He Can't Refuse: A Proposed Model For Alternative Dispute Resolution In Intellectual Property Disputes, Kevin M. Lemley

Akron Law Review

This article will discuss alternative dispute resolution in intellectual property disputes. A conceptual approach will be applied in an effort to better formulate the parties’ strategies towards litigation or alternative dispute resolution. Alternative dispute resolution (ADR) is a maturing area of the law, and its application to intellectual property disputes is complicated.1 These complications make any analysis difficult to organize. This article will discuss the underlying components of ADR and intellectual property disputes in a step-by-step fashion. Part I of this article discusses intellectual property rights and presents two conceptual interests underlying these rights. Deciding whether to litigate or pursue …

The Role Of The First Amendment In False Advertising: How The Supreme Court's Decision In Pom Wonderful, Llc V. Coca-Cola, Inc. Supports A Future Of Expanded Protection, Carolyn Ward

First Amendment Law Review

No abstract provided.

Fact Sheet #71: Shortchanging The Unpaid Academic Intern, Patricia L. Reid

Florida Law Review

On the eve of the Fair Labor Standards Act’s seventy-fifth anniversary, unpaid academic internships threaten to outpace government regulation and undermine opportunities for gainful employment. Although coveted by students eager to fill a line on their résumé, unpaid academic internships are a subspecies of unpaid internships that might soon face extinction. While the advent of unpaid internship litigation decreases the likelihood that employers will plead ignorance of the law when they defend against disgruntled unpaid interns, recent litigation does little to clear up a half-century of contradictory case law. The only certainty that surrounds the legal status of unpaid academic …

25 Years Of Sports Law Scholarship: The History Of The Marquette Sports Law Journal/Review , Paul M. Anderson

Marquette Sports Law Review

None.

Continuing Disclosure Requirements And The Continued Use Of Municipal Bonds In Sports, Mindi Friedman

Marquette Sports Law Review

No abstract provided.

The Predominate Goliath: Why Pay-To-Play Daily Fantasy Sports Are Games Of Skill Under The Dominant Factor Test, Jeffrey C. Meehan

Marquette Sports Law Review

No abstract provided.

Ncaa Division I Athletic Directors: An Analysis Of The Responsibilities, Qualifications And Characteristics, Glenn M. Wong, Christopher R. Deubert, Justin Hayek

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Athletic Compensation For Women Too? Title Ix Implications Of Northwestern And O'Bannon, Erin E. Buzuvis

Faculty Scholarship

The NCAA has been relying on Title IX requirements to defend its polices prohibiting compensation for college athletics; it argues that paying athletes in revenue sports, coupled with the commensurate obligation under Title IX to pay female athletes, would be prohibitively expensive.

As a response to the NCAA’s argument, the Author seeks to advance two positions: first, that Title IX would, as argued by the NCAA, require payment of female athletes using some measure of equality; and second, that it is not Title IX that renders the prospect of athlete compensation cost prohibitive, but rather, the fact that college athletics …