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Articles 91 - 120 of 145
Full-Text Articles in Law
Antitrust And Inefficient Joint Ventures: Why Sports Leagues Should Look More Like Mcdonald's And Less Like The United Nations, Stephen F. Ross, Stefan Szymanski
Antitrust And Inefficient Joint Ventures: Why Sports Leagues Should Look More Like Mcdonald's And Less Like The United Nations, Stephen F. Ross, Stefan Szymanski
Marquette Sports Law Review
No abstract provided.
Panel I: Do Overly Broad Patents Lead To Restrictions On Innovation And Competition?, Matthew Bye, Mary Critharis, David Balto, Herbert Schwartz
Panel I: Do Overly Broad Patents Lead To Restrictions On Innovation And Competition?, Matthew Bye, Mary Critharis, David Balto, Herbert Schwartz
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel I: Do Overly Broad Patents Lead To Restrictions On Innovation And Competition?, Matthew Bye, Mary Critharis, David Balto, Herbert Schwartz
Panel I: Do Overly Broad Patents Lead To Restrictions On Innovation And Competition?, Matthew Bye, Mary Critharis, David Balto, Herbert Schwartz
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The "Blind Look" Rule Of Reason: Federal Courts' Peculiar Treatment Of Ncaa Amateurism Rules, Tibor Nagy
The "Blind Look" Rule Of Reason: Federal Courts' Peculiar Treatment Of Ncaa Amateurism Rules, Tibor Nagy
Marquette Sports Law Review
No abstract provided.
The Empire Strikes Back: Nfl Cuts Clarett, Sacks Scheindlin, Adam Epstein
The Empire Strikes Back: Nfl Cuts Clarett, Sacks Scheindlin, Adam Epstein
Adam Epstein
The article explores and the litigation history involving former Ohio State University running back Maurice Clarett and his challenge the the NFL draft-eligibility rule. Though Clarett was successful at the U.S. District Court level, the Second Circuit Court of Appeals ruled differently, thereby preventing Clarett from being eligible for the 2004 NFL draft. Though he was drafted the next year (2005), an exploration of the differences between the trial court (Hon. Schendlin) and the appellate court (J. Sotomayor) opinions is quite interesting and relevant in the context of both antitrust and labor law, particularly the mandatory subjects of a collective …
Designing Sports Leagues As Efficient Monopolists Rather Than Inefficient Cartels, Stephen F. Ross, Stefan Szymanski
Designing Sports Leagues As Efficient Monopolists Rather Than Inefficient Cartels, Stephen F. Ross, Stefan Szymanski
ExpressO
An inherent conflict exists when clubs participating in a sports league control the way in which the competition is organized. This conflict leads to fewer franchises that may not be in the best locations, fewer broadcast rights sold with too many “black-outs,” inefficient marketing of merchandise and sponsorships, ineffective supervision of club management, labor market restrictions that do not enhance consumer appeal in the sport, and insufficient international competition. We suggest that sports leagues would be more profitable and fans’ welfare improved if sports leagues looked more like McDonald’s and less like the United Nations, by restructuring the leagues to …
Antitrust In Amateur Athletics: Fourth And Long: Why Non-Bcs Universies Should Punt Rather Than Go For An Antitrust Challenge To The Bowl Championship Series, Jodi M. Warmbrod
Antitrust In Amateur Athletics: Fourth And Long: Why Non-Bcs Universies Should Punt Rather Than Go For An Antitrust Challenge To The Bowl Championship Series, Jodi M. Warmbrod
Oklahoma Law Review
No abstract provided.
Facility Issues In Major League Soccer: What Do Soccer Stadiums Have To Do With Antitrust Liability?, Thomas D. Stuck
Facility Issues In Major League Soccer: What Do Soccer Stadiums Have To Do With Antitrust Liability?, Thomas D. Stuck
Marquette Sports Law Review
No abstract provided.
Pay Or Play? The Jeremy Bloom Decision And Ncaa Amateurism Rules, Laura Freedman
Pay Or Play? The Jeremy Bloom Decision And Ncaa Amateurism Rules, Laura Freedman
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Internet Killed The Video Star: How In-House Internet Distribution Will Affect Profit Participants , Konrad Gatien
Internet Killed The Video Star: How In-House Internet Distribution Will Affect Profit Participants , Konrad Gatien
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Weakening Its Own Defense? The Ncaa's Version Of Amateurism, Kristen R. Muenzen
Weakening Its Own Defense? The Ncaa's Version Of Amateurism, Kristen R. Muenzen
Marquette Sports Law Review
No abstract provided.
Reevaluating Amateurism Standards In Men's College Basketball, Marc Edelman
Reevaluating Amateurism Standards In Men's College Basketball, Marc Edelman
University of Michigan Journal of Law Reform
This Note argues that courts should interpret NCAA conduct under the Principle of Amateurism as a violation of§ 1 of the Sherman Antitrust Act and that courts should order NCAA deregulation of student-athletes' indirect financial activities. Part I of this Note discusses the history of NCAA regulation, specifically its Principle of Amateurism. Part II discusses the current impact of antitrust laws on the NCAA. Part III argues that the NCAA violates antitrust laws because the Principle of Amateurism's overall effect is anticompetitive. Part IV argues the NCAA could institute an amateurism standard with a net pro-competitive effect by allowing student-athletes …
Restructuring Professional Sports Leagues , Martin Edel, Jamin Dershowitz, Jeffrey Kessler, Tandy O'Donoghue
Restructuring Professional Sports Leagues , Martin Edel, Jamin Dershowitz, Jeffrey Kessler, Tandy O'Donoghue
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Start-Up Sports Leagues: Why These Leagues Are Entitled To Use The Ruinous Competition Defense To Justify Anticompetitive Restraints, Marc P. Schwartz*
Start-Up Sports Leagues: Why These Leagues Are Entitled To Use The Ruinous Competition Defense To Justify Anticompetitive Restraints, Marc P. Schwartz*
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Antitrust Options To Redress Anticompetitive Restraints And Monopolistic Practices By Professional Sports Leagues, Stephen F. Ross
Antitrust Options To Redress Anticompetitive Restraints And Monopolistic Practices By Professional Sports Leagues, Stephen F. Ross
Journal Articles
The hallmark of an antitrust violation is an agreement which has the effect of raising price, lowering output, or rendering output unresponsive to consumer demand. Owners of clubs comprising Major League Baseball, the National Football League, the National Basketball Association, and the National Hockey League engage in a variety of exploitative activities that consumers cannot avoid by substituting rival products. The purpose of this Article is to analyze specific areas where these monopoly sports leagues harm a variety of groups, through the maintenance of a monopolistic structure that precludes competitive entry, or through specific restraints that have demonstrable anticompetitive effects. …
The Recording Industry, Minimum Advertised Pricing Policies And Non-Price Vertical Restraints Of Trade, M. Courtney Mccormick
The Recording Industry, Minimum Advertised Pricing Policies And Non-Price Vertical Restraints Of Trade, M. Courtney Mccormick
Vanderbilt Journal of Entertainment & Technology Law
This Note argues that the recording industry's cooperative advertising programs do not run afoul of federal antitrust laws and, in fact, promote interbrand competition. It examines the implications of the cooperative advertising programs adopted by record companies in light of current federal antitrust law. Contrary to claims made by the FTC, the recording industry's actions can withstand antitrust scrutiny because Minimum Advertised Pricing ("MAP") policies serve pro-competitive business purposes. As will be discussed in further detail below, the recording industry has a legitimate interest in pursuing policies that help traditional music retailers stay in business in the face of crippling …
Heading Down The Wrong Road?: Why Deregulating Amateurism May Cause Future Legal Problems For The Ncaa, Benjamin A. Menzel
Heading Down The Wrong Road?: Why Deregulating Amateurism May Cause Future Legal Problems For The Ncaa, Benjamin A. Menzel
Marquette Sports Law Review
No abstract provided.
Shaking Up The Line-Up: Generating Principles For An Electrifying Economic Structure For Major League Baseball, Jason B. Myers
Shaking Up The Line-Up: Generating Principles For An Electrifying Economic Structure For Major League Baseball, Jason B. Myers
Marquette Sports Law Review
No abstract provided.
Applying A Legal Matrix To The World Of Sports, Elsa Kircher Cole
Applying A Legal Matrix To The World Of Sports, Elsa Kircher Cole
Michigan Law Review
The intensity of fans' love for sports is no modern phenomenon. In ancient Rome, fierce rivalries existed between fans of the Red, Green, Blue, and White factions in chariot racing. Even emperors had their favorites. A foul in a race by a member of one faction could spark a riot in the stands. Winning charioteers would have their busts displayed in public places and were paid salaries far beyond that of the average citizen. Juvenal complained in his Satires that a chariot driver might earn 100 times more than a lawyer! The best drivers even achieved free agency and could …
Forming A Single Entity: A Recipe For Success For New Professional Sports Leagues, Karen Jordan
Forming A Single Entity: A Recipe For Success For New Professional Sports Leagues, Karen Jordan
Vanderbilt Journal of Entertainment & Technology Law
This Note begins by introducing some of the more recently founded professional sports leagues, identifying their background and single-entity structures. It then provides a general background of antitrust issues in sports, followed by explanations of the possible defenses, including the single-entity structure. Next, it discusses Fraser as a potential landmark case for professional sports leagues, showing how its lessons contribute to the current mode of antitrust analysis. Finally, this Note illustrates why single-entity structuring may be essential for leagues in their infancy, but of little use to well-established professional sports leagues.
Fraser V. Mls, L.L.C.: Is There A Sham Exception To The Copperweld Single Entity Immunity?, Michael P. Waxman
Fraser V. Mls, L.L.C.: Is There A Sham Exception To The Copperweld Single Entity Immunity?, Michael P. Waxman
Marquette Sports Law Review
No abstract provided.
Copyright And Antitrust: The Effects Of The Digital Performance Rights In Sound Recordings Act Of 1995 In Foreign Markets, Connie C. Davis
Copyright And Antitrust: The Effects Of The Digital Performance Rights In Sound Recordings Act Of 1995 In Foreign Markets, Connie C. Davis
Federal Communications Law Journal
The licensing of copyrighted nondramatic works by performance rights societies has long been recognized as a potential source of antitrust violations. In 1995, the Congress passed the Digital Performance Rights in Sound Recordings Act in an effort to deal with the licensing problems associated with nondramatic musical works. The DPRSRA created a right in sound recordings to perform the copyrighted work publicly by means of a digital audio transmission as well as establishing compulsory licensing scheme. However, the DPRSRA failed to address the problem of licensing of nondramatic works in foreign markets. This Note identifies the anticompetitive licensing scheme practiced …
The Economics Of Sports Leagues And The Relocation Of Teams: The Case Of The St. Louis Rams, Franklin M. Fisher, Christopher Maxwell, Evan Sue Schouten
The Economics Of Sports Leagues And The Relocation Of Teams: The Case Of The St. Louis Rams, Franklin M. Fisher, Christopher Maxwell, Evan Sue Schouten
Marquette Sports Law Review
No abstract provided.
Applying Antitrust Law To Ncaa Regulation Of "Big Time" College Athletics: The Need To Shift From Nostalgic 19th And 20th Century Ideals Of Amateurism To The Economic Realities Of The 21st Century, Matthew J. Mitten
Marquette Sports Law Review
No abstract provided.
Panel Ii: The Economic And Regulatory Issues Of Convergence, William Baer, Lawrence Grossman, Jeffrey Lanning, Robert Joffe
Panel Ii: The Economic And Regulatory Issues Of Convergence, William Baer, Lawrence Grossman, Jeffrey Lanning, Robert Joffe
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Economics Of Sports Leagues - The Chicago Bulls Case, Franklin M. Fisher, Christopher Maxwell, Evan Sue Schouten
The Economics Of Sports Leagues - The Chicago Bulls Case, Franklin M. Fisher, Christopher Maxwell, Evan Sue Schouten
Marquette Sports Law Review
No abstract provided.
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: A Hollow Gesture After All These Years?, Edmund P. Edmonds
The Curt Flood Act Of 1998: A Hollow Gesture After All These Years?, Edmund P. Edmonds
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.
Why Baseball's Antitrust Exemption Still Survives, J. Gordon Hylton
Why Baseball's Antitrust Exemption Still Survives, J. Gordon Hylton
Marquette Sports Law Review
No abstract provided.