Digital Commons Network^™

Constitutional Law Application In The Sport Industry, Barbara Osborne

Marquette Sports Law Review

No abstract provided.

Collegiate Athletes’ Name, Image, And Likeness As A Constitutionally Protected Interest, Josh Lens

SMU Law Review

Courts have long held that collegiate athletes’ athletics participation does not constitute a liberty or property interest afforded constitutional due process protection. Thus, universities, athletics departments, and coaches generally have not had to provide much process when suspending athletes from their teams for disciplinary reasons, for example.

Recently, however, college athletics’ primary governing entity—the National Collegiate Athletics Association (NCAA)—altered its longstanding rules to permit athletes to accept remuneration from third parties for the use of their names, images, and likenesses. This newfound ability has significantly benefited athletes in college athletics’ transformative name, image, and likeness (NIL) era.

This Article examines …

Pitching For Reform: Cangrejeros' Push To Level The Legal Playing Field By Challenging Baseball's Antitrust Exemption, Justin P. Chaljub

Fordham Journal of Corporate & Financial Law

For over one-hundred years, professional baseball has enjoyed an antitrust exemption unique among American major sports leagues, stemming from Supreme Court decisions in Federal Baseball and its progeny. This exemption has significantly influenced the evolution and structure of Major League Baseball (MLB). Despite extensive criticism and challenges for judicial and legislative reform, the exemption persists today.

However, new efforts have emerged to comprehensively disrupt this framework. In 2023, Nostalgic Partners was brought and structured to reach the U.S. Supreme Court. Plaintiffs anticipated they would lose at the lower court levels and garnered widespread support for the Court to grant a …

Learning From The Public Sector: Re-Balancing The Bargaining Power In Major League Sports, Christina M. Sarras

Student Works

No abstract provided.

The Unconscionability Of 360 Contracts In The Music Industry, Aury Quezada

Student Works

No abstract provided.

Murphy V. Ncaa: Altering The Professional Sports Landscape, Jack Treacy

Student Works

No abstract provided.

Nil Education At Universities As Student Athletes Face The Wild West, Ainsworth A. Bailey, Geoffrey Christopher Rapp, Shawn Tysiak

Fordham Law Review

No abstract provided.

Participation Of Trans-Women In Females' Sports Competitions: Fairness Vs. Rights To Participating In Sports?, Muhamad Dzadit Taqwa, Valentino Rafael Carofin, Stefanie Gloria, Alvin Tjiang

Indonesia Law Review

A trans-woman is someone who is biologically male at birth and then undergoes gender-affirming surgery, which can include genital feminization surgery, or may not undergo gender-affirming surgery but undergoes other therapies such as cross-sex hormone therapy or other physical organ surgeries apart from genital surgery, in order to be identified as a woman. The participation of trans-women in females' sports has sparked a debate, addressing issues of fairness on one side and transgender rights to participate in sports on the other. The fairness argument is based on the physical advantages that males have when competing against females. Generally, male athletes …

Livin' On A Legislative Prayer: How Prayer At A School Board Meeting Survives Under An Exception To The Establishment Clause, Brian Muff

Touro Law Review

This Note discusses the circuit split between the Ninth Circuit and the Fifth Circuit on whether prayer should be permitted to open up a school board meeting. First introducing the topic and explaining the history of legislative prayer in America, the Note then discusses governing Supreme Court precedent concerning school prayer and legislative prayer. After analyzing the cases that are the subject of the circuit split, the Note concludes with a recommendation that the Supreme Court permit the recitation of prayer to begin a school board meeting, citing the commonalities between a school board and a legislature and making three …

Nil Tampering, Josh Lens

BYU Law Review

The college athletics landscape has experienced several recent dramatic and monumental changes. In 2018, its governing body, the NCAA, implemented the transfer portal to help universities and athletes manage the process by which athletes transfer to another university. In 2021, the NCAA allowed every athlete the freedom to accept compensation in exchange for the use of their name, image, and likeness (“NIL”). Booster collectives quickly formed to facilitate NIL arrangements and now exert significant financial influence in the athlete recruiting and retention process. Tens of thousands of athletes have used the portal since its inception, with many seeking more NIL …

2024 Annual Justice Festival Program, Caudill College Of Arts, Humanities, And Social Sciences

Justice Festival at Morehead State University

The program for the 4th Annual Justice Festival held on October 8, 2023 on the campus of Morehead State University.

Transgender Boy Allowed To Try Out For Tennessee High School Boys' Golf Team, Emily J. Houghton, Erica J. Zonder

Human Performance Department Publications

The plaintiff L.E. is a transgender boy who is suing Tennessee Governor Bill Lee along with the individuals employed within the Tennessee Board of Education, and Knox County Board of Education. The lawsuit attempts to challenge SB 228, Gender in Athletics Law which was passed in 2021 in the state of Tennessee and the subsequent revised I-171 policy (L.E. v. Lee, 2021). Under SB 228, students are only allowed to compete in middle school or high school athletics in Tennessee, based on gender assigned at birth or on their birth certificate. SB 228 also dictates that each “local governing body” …

An Antitrust Analysis Of The Ncaa Transfer Policy, Michael Carrier, Marc Edelman

Texas A&M Law Review

The National Collegiate Athletic Association (“NCAA”) is no stranger to antitrust law. As a trade association composed of nearly all U.S. colleges offering competitive sports, its rules are regularly challenged under antitrust law. In the past 40 years, the NCAA has faced challenges to rules limiting televised game broadcasts, curtailing assistant coaches’ pay, and restraining players’ compensation, among other issues. Restraints on college athlete transfers also could subject the Association to reasonable legal scrutiny.

Restrictions on the ability to transfer can harm athletes by preventing their immediate eligibility even though transferring could allow them to be closer to family, enroll …

Wii Need Clarity: A Proposed Federal Amendment To Trademark Confusion Tests Through The Lens Of Esports And Electronic Word Marks, Patrick K. Doll

Marquette Sports Law Review

No abstract provided.

Ncaa Enactment Of A Disciplinary Policy: Uniformity To Regain Institutional Legitimacy, Matteson Landau

Loyola of Los Angeles Entertainment Law Review

This article examines issues surrounding decentralized disciplinary systems and inconsistent enforcement against student-athletes who engage in criminal misconduct across the National Collegiate Athletic Association (“NCAA”). The NCAA recognizes the inherent conflicts of interest that arise when institutions are left to regulate their own recruiting practices. To negate these conflicts, the NCAA has established a robust disciplinary system, the NCAA Committee on Infractions, which oversees investigations into violations of NCAA Bylaws, reviews materials provided by the athlete and/or institution, and issues binding rulings which may include suspensions and fines. Yet the NCAA fails to see how the same conflict issues arise …

Compliance, Title Ix, And Equity; Women's Athletics At The University Of Mississippi, Savannah G. Davis

Honors Theses

This project investigates the Education Amendments Act of 1972, also known as Title IX. Specifically, the focus areas are scholarship dollars, proportionality, and equitable benefits promoting gender equity as required by Title IX and the NCAA. Data was collected through standard interview procedure and research through the Equity in Athletics Disclosure Act Online Database. My findings include that Southeastern Conference (SEC) schools spend more operationally and on recruiting male athletes, on average, than non-SEC schools, (2) the deviation for female athletes is not as large when surveying SEC and non-SEC schools, and (3) the male-female financial aid percentage gap is …

Ball V. City Of Lincoln, Nebraska, Sean Nm. Winebrenner, Leeann M. Lower

Denver Sports & Entertainment Law Journal

On March 7, 2015, Larry Ball was cited for trespassing by the Lincoln Police Department when passing out religious leaflets outside the Pinnacle Bank Arena. Ball brought action against the City of Lincoln, Nebraska along with Pinnacle Bank/Spectator Management Group ("SMG"), alleging a violation of his First Amendment rights. More specifically, he claimed SMG violated his constitutional rights by denying his exercise of free speech based upon the premise that public property is a nonpublic forum. The District Court was tasked with evaluating Pinnacle Bank Arena's Exterior Access and Use Policy to determine whether Ball's First Amendment rights were violated. …

Independent Sports & Entertainment, Llc V. Fegan, Nicholas R. Kehr

Denver Sports & Entertainment Law Journal

Independent Sports & Entertainment, LLC ("ISE") brought a claim against Daniel Fegan ("Fegan") for violating a non-compete clause in an asset purchase agreement in California state court. Fegan removed this action to federal court on the basis that the claim was completely preempted by the Labor Management Relations Act. The United States District Court for the Central District of California (the "Court") correctly concluded that the claim was not preempted by the Labor Management Relations Act, because the claim did not exist solely as a result of the National Basketball Association's ("NBA") Collective Bargaining Agreement ("CBA") nor was the claim …

Boogaard V. National Hockey League, Logan P. Desmond, Leeann M. Lower

Denver Sports & Entertainment Law Journal

Former National Hockey League ("NHL") player Derek Boogaard passed away on May 13, 2011 of a drug overdose. On Boogaard's behalf, his parents brought action against the NHL, its Board of Governors, and league Commissioner Gary Bettman, alleging the NHL acted negligently by allowing Boogaard to become addicted to pain killers, breached their voluntarily undertaken duty to monitor his addiction, negligently failed to protect him from brain trauma, and breached their voluntarily undertaken duty to protect his health. In response, the NHL moved to dismiss the case, which was later converted to a motion for summary judgment. Stating preemption by …

Beyond Amateurism: Examining The Potential Labor Expenses Of Ncaa Student-Athlete Employment, Alayna K. Falak

Honors Thesis

In light of recent administrative developments urging the classification of student-athletes as employees, litigation challenging the current status of student-athletes, and the Supreme Court’s willingness to tackle National Collegiate Athletic Association (NCAA) issues, many questions surrounding the future of college sports under an employment model have emerged. The authors analyzed key litigation, recent developments from administrative agencies, and academic literature. Then publicly available data was used from the NCAA, the United States Department of Labor (DOL), and other sources to construct two estimates of what it would cost the NCAA member institutions to treat their Division I athletes as employees. …

The Rise And Fall Of A Video Game Dynasty And Its Road Back To Glory, Kade Rogerson

Marketing Undergraduate Honors Theses

For years the EA Sports NCAA Football series had been a long-standing success story in the world of sports video games. Combining the unique feel of collegiate athletics with the realistic nature of the game that its technology provides led the series to be a major source of revenue for Electronic Arts, Inc. in the extremely competitive and profitable industries of video games and sports merchandising.

However, the series came to an abrupt halt in 2013. Spearheaded by the O’Bannon v. NCAA lawsuit, EA was forced to discontinue the series after legal action was taken regarding the game’s unauthorized use …

Good Sport Governance: Perspektif Teoretis, Yuridis Dan Kontekstualisasinya Di Indonesia, Endra Wijaya, Nina Silvana

Jurnal Hukum & Pembangunan

The sport sector is not only a matter of health or the pride of a nation. More than that, the sport is closely related to social welfare aspect. Therefore, it needs to be managed optimally by referring to the principles of good governance specifically in the sport sector. This study discusses the concept of Good Sport Governance, both from theoretical and legal perspectives, and its contextualization in Indonesia. This study uses doctrinal legal research methods and utilizes secondary data. Data analysis is carried out qualitatively using conceptual and statute approaches. This study concludes that the principles of Good Sport Governance …

"Cheer Is A Sport": The Ncaa, Title Ix Compliance, And Nil, Mary Kate Mclean

Journal of Intellectual Property Law

Over fifty years have passed since the famous women’s rights Title IX legislation was enacted. Equal opportunity for women in education, and specifically in colligate athletics, has been an ongoing game since 1972 and while drastic improvements have been made, the playing field is still not even for female student-athletes. Many universities continue to struggle with Title IX Compliance and recent events and trends including the Covid-19 pandemic and the increasing female undergraduate population have dramatized the problems. In the wake of the Name, Image, and Likeness era, a solution to compliance is more important now than ever where a …

Brief Of Professors Of Law, Business, And Economics As Amici Curiae In Support Of Appellees And Affirmance, Christopher L. Sagers, Robert K. Shelquist

Law Faculty Briefs and Court Documents

No abstract provided.

Buffer Zones Through The Lens Of Golf: A Negligence Case Content Analysis, Natalie Bird, Merry Moiseichik

Public Policy Faculty & Graduate Student Publications and Presentations

Buffer zones are a risk management strategy used within sport and recreation to protect participants and spectators from injury. Within the recreational golf sector, buffer zone standards do not exist. Recreational golf courses 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 answered research questions related to locations of incidents, circumstances, and injuries or damages that resulted from errant golf shots. A Westlaw search provided 133 cases within the scope of this study, 85 of which could have been possibly prevented with proper buffer zones. …

The Crusade For The Holy Grail Of Competitive Balance, Mislav Mataija, Petros C. Mavroidis

Faculty Scholarship

The specificity of sport is a concept acknowledged on both sides of the Atlantic. In the US it is linked to a (limited) exception from antitrust laws. In Europe, the application of the rules on free movement of persons, services, and workers, as well as antitrust, has left some room for it. But whereas the US has gone full steam ahead to regulate competitive balance, Europe has not. In this contribution, inspired by the work of Steve Weatherill and others, we ask the question whether the observed differentiated approach is justified because of the nature of competition on the two …

Possession And Control: Everyone Wants It, But No One Knows How To Get It, Peyton Phillips

Marquette Sports Law Review

No abstract provided.

The Big Ten's Legal Duties And Risks: Protecting College Athletes Through The Voluntary Undertaking Doctrine In A Changing Landscape, Jeffrey F. Levine, Christian D. Hanna, Tiara Porterfield

Marquette Sports Law Review

No abstract provided.

Special Admissions: Why The Affirmative Action Precedent Could Open The Door To Challenges Against Student-Athlete Preferences, Gabe Ellis

Marquette Sports Law Review

No abstract provided.

The Game-Changer: Legal Issues Surrounding Wearable Technology In Sports, Jack Vande Berg

SMU Science and Technology Law Review

Athletes and teams are always seeking to gain a competitive edge, and the emergence of wearable technology has provided them with biometric data that provides new insights into performance. The market for wearable technology has been growing at a rapid pace in recent years and is projected to continue on an upward trajectory through the end of the decade. Governing bodies of sport at a professional and amateur level have adapted regulations for the use of this new technology and the data it produces. This article provides an overview of these current regulations, and then discusses three pressing legal issues. …