Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication Year
- Publication
-
- Marquette Sports Law Review (12)
- Jeffrey S. Moorad Sports Law Journal (6)
- Pepperdine Law Review (4)
- Pepperdine Dispute Resolution Law Journal (3)
- University of Miami Entertainment & Sports Law Review (2)
-
- Washington and Lee Law Review (2)
- Cleveland State Law Review (1)
- Fordham Intellectual Property, Media and Entertainment Law Journal (1)
- Journal of the National Association of Administrative Law Judiciary (1)
- Oklahoma Law Review (1)
- Pace Intellectual Property, Sports & Entertainment Law Forum (1)
- Vanderbilt Journal of Entertainment & Technology Law (1)
Articles 1 - 30 of 35
Full-Text Articles in Law
"Stronger" Together: Kanye Could Have Owned His Masters By Engaging In Collective Bargaining, L. Camille Cordova
"Stronger" Together: Kanye Could Have Owned His Masters By Engaging In Collective Bargaining, L. Camille Cordova
Pepperdine Dispute Resolution Law Journal
Because the legislature and judiciary have failed to protect recording artists’ interests, this article proposes that engaging in collective bargaining will re-balance the bargaining positions of the major record labels and recording artists to create a mutually beneficial agreement that gives recording artists a termination of rights clause that mirrors section 203 of the 1976 Copyright Act. By contracting with a major record label, recording artists are automatically eligible for union membership to the Screen Actors Guild-American Federation of Television and Radio Artists union (“SAG-AFTRA”), who have experience negotiating other collective-bargaining agreements with these record labels. This agreement would provide …
Nba-Age Restrictions: Should The Nba Follow In The Footsteps Of Major League Baseball?, Bryan Kelly
Nba-Age Restrictions: Should The Nba Follow In The Footsteps Of Major League Baseball?, Bryan Kelly
Pace Intellectual Property, Sports & Entertainment Law Forum
This paper will discuss the outlook of current NBA prospects and the development of age restrictions. It will also shed light on several key cases and Collective Bargaining Agreements including: Wood v. National Basketball Association, and Denver Rockets v. All Pro Management, Inc. and the NBA CBA. After that, an analysis of Sherman Antitrust Law and current case law concerning age restrictions in sports, and analyze the possibility for age-restrictions to be argued through the court system. Finally, this paper will look into the NBPA’s duty of representation towards NBA prospects and how the NBPA can take ideas from a …
Do You Believe He Can Fly? Royce White And Reasonable Accommodations Under The Americans With Disabilities Act For Nba Players With Anxiety Disorder And Fear Of Flying, Michael A. Mccann
Do You Believe He Can Fly? Royce White And Reasonable Accommodations Under The Americans With Disabilities Act For Nba Players With Anxiety Disorder And Fear Of Flying, Michael A. Mccann
Pepperdine Law Review
This Article examines the legal ramifications of Royce White, a basketball player with general anxiety disorder and obsessive compulsive disorder, playing in the NBA. White's conditions cause him to have a fear of flying, thus making it difficult to play in the NBA. This subject is without precedent in sports law and, because of the unique aspects of an NBA playing career, lacks clear analogy to other employment circumstances. This dispute also illuminates broader legal and policy issues in the relationship between employment and mental illness. This Article argues that White would likely fail in a lawsuit against an NBA …
Lessons From The Nba Lockout: Union Democracy, Public Support, And The Folly Of The National Basketball Players Association, Matthew Parlow
Lessons From The Nba Lockout: Union Democracy, Public Support, And The Folly Of The National Basketball Players Association, Matthew Parlow
Oklahoma Law Review
By most accounts, the National Basketball Players Association (NBPA)—the union representing the players in the NBA—conceded a significant amount of money and other contractual terms in the new ten year collective bargaining agreement (2011 Agreement) that ended the 2011 NBA lockout. Player concessions were predictable because the NBA’s economic structure desperately needed an overhaul. The magnitude of such concessions, however, was startling. The substantial changes in the division of basketball-related income, contract lengths and amounts, salary cap provisions, and revenue sharing rendered the NBA lockout—and the resulting 2011 Agreement—a near-complete victory for the owners. Several interpretations have been offered to …
Out Of Bounds Under The Sherman Act? Player Restraints In Professional Team Sports , Seth M. Goldstein
Out Of Bounds Under The Sherman Act? Player Restraints In Professional Team Sports , Seth M. Goldstein
Pepperdine Law Review
No abstract provided.
The Final Cut: How Sag's Failed Negotiations With Talent Agents Left The Contractual Rights Of Rank-And-File Actors On The Cutting Room Floor, Kelli Shope
Journal of the National Association of Administrative Law Judiciary
The following article will explore the impact SAG, talent agents, and lawmakers each have on the contractual rights of rank-and-file actors in light of the termination of Rule 16(g). Section II discusses actors' prior contractual rights under the collective bargaining agreement and how failed negotiations with talent agents left actors vulnerable to unfair contracts. Section III explores the new standard agency contract utilized by agents and the resulting legal implications for actors. Section IV details and evaluates the substance of the TAA, one of the few remaining legal protections for actors. Section V exposes the shortcomings of the TAA and …
Nearly A Century In Reserve: Organized Baseball: Collective Bargaining And The Antitrust Exemption Enter The 80'S, Nancy Jean Meissner
Nearly A Century In Reserve: Organized Baseball: Collective Bargaining And The Antitrust Exemption Enter The 80'S, Nancy Jean Meissner
Pepperdine Law Review
In her comment, the author fashions a compelling argument for congressional elimination of baseball's exemption from federal antitrust laws. After noting that the exemption had been formulated in 1922 by the Supreme Court, the author explains that it has been abused by baseball club owners to create a virtual monopoly over ballplayers through the reserve system. Although the reserve system's control was somewhat diluted in 1976, with the advent of free agency and collective bargaining, club owners are currently negotiating for mandatory compensation for the loss of free agents. The resultant threat of a player's strike has served to focus …
Negotiations Between The Wga And Amptp: How To Avoid Strikes And Still Promote Members' Needs, Jillian N. Morphis
Negotiations Between The Wga And Amptp: How To Avoid Strikes And Still Promote Members' Needs, Jillian N. Morphis
Pepperdine Dispute Resolution Law Journal
The article focuses on the collective bargaining agreement negotiations between the Alliance of Motion Picture and Television Producers (AMPTP) and Writers Guild of America (WGA). The role of the WGA is to ensure the rights of writers are not violated and checks on their credit, legislation registration of their writings and enforcement of contracts, while AMPTP is a collective bargaining negotiating association. The strikes by WGA, the negotiation and mediation techniques are also discussed.
Collective Bargaining Agreements In Professional Sports: The Proper Forum For Establishing Performance-Enhancing Drug Testing Policies, David M. Washutka
Collective Bargaining Agreements In Professional Sports: The Proper Forum For Establishing Performance-Enhancing Drug Testing Policies, David M. Washutka
Pepperdine Dispute Resolution Law Journal
The intrusive nature of drug testing implicates the concern over a person's right to privacy. Currently, Congress has proposed legislation which would establish minimum drug testing requirements in professional sports. This legislation is a reaction to suspicions and investigations surrounding Major League Baseball players and the use of performance enhancing drugs. Federally mandated drug testing would raise constitutional issues regarding the players' rights against mandatory drug testing. These concerns could be avoided if drug testing policies are implemented through a collective bargaining agreement, negotiated and agreed upon between the leagues and their players associations. Thus, as previously asserted, collective bargaining …
"Mortal [K]Ombat In Cleats": An Examination Of The Effectiveness Of The National Football League's Disability Plan And Its Impact On Retired Players, Brett Edwin Lovellette
"Mortal [K]Ombat In Cleats": An Examination Of The Effectiveness Of The National Football League's Disability Plan And Its Impact On Retired Players, Brett Edwin Lovellette
Pepperdine Law Review
No abstract provided.
Labor Relations In The National Hockey League: A Model Of Transnational Collective Bargaining, Mathieu Fournier, Dominic Roux
Labor Relations In The National Hockey League: A Model Of Transnational Collective Bargaining, Mathieu Fournier, Dominic Roux
Marquette Sports Law Review
No abstract provided.
Full Court Press: How Collective Bargaining Weakened The Nba's Competitive Edge In A Globalized Sport, Matthew Epps
Full Court Press: How Collective Bargaining Weakened The Nba's Competitive Edge In A Globalized Sport, Matthew Epps
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Third And Long: The Issues Facing The Nfl Collective Bargaining Agreement Negotiations And The Effects Of An Uncapped Year, Michael J. Redding, Daniel R. Peterson
Third And Long: The Issues Facing The Nfl Collective Bargaining Agreement Negotiations And The Effects Of An Uncapped Year, Michael J. Redding, Daniel R. Peterson
Marquette Sports Law Review
No abstract provided.
Technical Foul: David Stern's Excessive Use Of Rule-Making Authority, Brent D. Showalter
Technical Foul: David Stern's Excessive Use Of Rule-Making Authority, Brent D. Showalter
Marquette Sports Law Review
No abstract provided.
Despite His Antics, T.O. Has A Valid Point: Why Nfl Players Deserve A Bigger Piece Of The Pie, Matthew Levine
Despite His Antics, T.O. Has A Valid Point: Why Nfl Players Deserve A Bigger Piece Of The Pie, Matthew Levine
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
E-Issues Take Center Stage: The 2000 Sag/Aftra Strike, Craig J. Ackermann
E-Issues Take Center Stage: The 2000 Sag/Aftra Strike, Craig J. Ackermann
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Deterring Player Holdouts: Who Should Do It, How To Do It, And Why It Has To Be Done, Basil M. Loeb
Deterring Player Holdouts: Who Should Do It, How To Do It, And Why It Has To Be Done, Basil M. Loeb
Marquette Sports Law Review
No abstract provided.
The Changing Role Of Agents In Professional Basketball, Bappa Mukherji
The Changing Role Of Agents In Professional Basketball, Bappa Mukherji
Vanderbilt Journal of Entertainment & Technology Law
This Article will discuss the status of agents for NBA players after the adoption of the new collective bargaining agreement (the "1999 Agreement"). First, this Article will summarize the relevant provisions of the prior collective bargaining agreement (the "1996 Agreement") and illustrate how application of these provisions led the owners to declare a lockout. Next, it will review key provisions of the 1999 Agreement. It will conclude by discussing how the new CBA and the recent consolidation in the sports representation business will affect agents.
Ali To Flood To Marshall: The Most Triumphant Of Words, Alfred Dennis Mathewson
Ali To Flood To Marshall: The Most Triumphant Of Words, Alfred Dennis Mathewson
Marquette Sports Law Review
No abstract provided.
The Curt Flood Act Of 1998: The Players' Perspective, Marianne Mcgettigan
The Curt Flood Act Of 1998: The Players' Perspective, Marianne Mcgettigan
Marquette Sports Law Review
No abstract provided.
The Curt Flood Act Of 1998 And Major League Baseball's Federal Antitrust Exemption, John T. Wolohan
The Curt Flood Act Of 1998 And Major League Baseball's Federal Antitrust Exemption, John T. Wolohan
Marquette Sports Law Review
No abstract provided.
Collective Bargaining In The National Football League: A Historical And Comparative Analysis, C. Peter Goplerud Iii
Collective Bargaining In The National Football League: A Historical And Comparative Analysis, C. Peter Goplerud Iii
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Labor Or Antitrust - Let The Players Choose, Robert A. Mccormick
Labor Or Antitrust - Let The Players Choose, Robert A. Mccormick
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Brown V. Pro Football, Inc.: You Make The Call, Denise K. Bryant
Brown V. Pro Football, Inc.: You Make The Call, Denise K. Bryant
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Baseball’S Antitrust Exemption: Out Of The Pennant Race Since 1972, Anthony Sica
Baseball’S Antitrust Exemption: Out Of The Pennant Race Since 1972, Anthony Sica
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Interference On Both Sides: The Case Against The Nfl-Nflpa Contract, Robert A. Mccormick
Interference On Both Sides: The Case Against The Nfl-Nflpa Contract, Robert A. Mccormick
Washington and Lee Law Review
No abstract provided.
The National Basketball Association And The National Basketball Players Association Opt To Cap Off The 1988 Collective Bargaining Agreement With A Full Court Press: In Re Chris Dudley, Michelle Hertz
Marquette Sports Law Review
No abstract provided.
The Salary Cap: A Legal Analysis Of And Practical Suggestions For Collective Bargaining In Professional Basketball, David Rothstein
The Salary Cap: A Legal Analysis Of And Practical Suggestions For Collective Bargaining In Professional Basketball, David Rothstein
University of Miami Entertainment & Sports Law Review
No abstract provided.
Negotiations Involving Agents And General Managers In The Nhl, Brian Burke
Negotiations Involving Agents And General Managers In The Nhl, Brian Burke
Marquette Sports Law Review
No abstract provided.
The Use Of Contract Interpretation By Professional Sports Arbitrators, James Gilbert Rappis
The Use Of Contract Interpretation By Professional Sports Arbitrators, James Gilbert Rappis
Marquette Sports Law Review
No abstract provided.