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Articles 1 - 30 of 50
Full-Text Articles in Law
Debating Outcomes Of The Antitrust Challenges Between The Pga Tour And The Liv Golf Tour, John A. Fortunato
Debating Outcomes Of The Antitrust Challenges Between The Pga Tour And The Liv Golf Tour, John A. Fortunato
Marquette Sports Law Review
No abstract provided.
2020 Annual Survey: Recent Developments In Sports Law
2020 Annual Survey: Recent Developments In Sports Law
Marquette Sports Law Review
No abstract provided.
A Thirty-Year Retrospective Of Legal Developments Impacting College Athletics, Timothy Davis
A Thirty-Year Retrospective Of Legal Developments Impacting College Athletics, Timothy Davis
Marquette Sports Law Review
None
Sports Law In Law Reviews And Journals, Audrey Johnson
Sports Law In Law Reviews And Journals, Audrey Johnson
Marquette Sports Law Review
None
2019 Annual Survey: Recent Developments In Sports Law, Audrey Johnson
2019 Annual Survey: Recent Developments In Sports Law, Audrey Johnson
Marquette Sports Law Review
None
The Mystery Of Section 253(B), Matthew Gagnier
The Mystery Of Section 253(B), Matthew Gagnier
Marquette Intellectual Property Law Review
In 2014, Elon Musk, the renowned and socially-minded CEO of Tesla Motors, Inc., posted a blog on Tesla’s website that stated the company would be freeing up many of its patents involved in the creation of the company’s electric cars to any interested party. Yet again, Musk astounded the public by choosing the betterment of society over corporate profits—stirring up a more positive image than any other corporate personality. But there are numerous questions that Musk’s positive PR have drowned out: Where can you access the patents?; How did freeing up the patents get past the other executive officers and …
Why And How The Supreme Court Should Have Decided O’Bannon V Ncaa, Matthew J. Mitten
Why And How The Supreme Court Should Have Decided O’Bannon V Ncaa, Matthew J. Mitten
Faculty Publications
Despite requests by both parties, the United States Supreme Court refused to grant a writ of certiorari in O’Bannon v. NCAA, the first federal appellate court decision holding that an NCAA student-athlete eligibility rule violates section 1 of the Sherman Act. The Ninth Circuit ruled that NCAA rules prohibiting intercollegiate athletes from receiving any revenue from videogames and telecasts incorporating their names, images, or likenesses unreasonably restrain economic competition among its member universities in the college education market in which these athletes purchase higher education services and sell their athletic services, which violates federal antitrust law. Circuit court rulings …
Not Everyone Qualifies: A Comparative Look At Antitrust Law And Nascar's Charter System, Tyler M. Helsel
Not Everyone Qualifies: A Comparative Look At Antitrust Law And Nascar's Charter System, Tyler M. Helsel
Marquette Sports Law Review
None
Do Not Pass Go And Do Not Collect $200: Nike's Monopoly On Usatf Violates Antitrust Laws And Prevents Athletes From Living At Park Place, Jill K. Ingels
Do Not Pass Go And Do Not Collect $200: Nike's Monopoly On Usatf Violates Antitrust Laws And Prevents Athletes From Living At Park Place, Jill K. Ingels
Marquette Sports Law Review
No abstract provided.
O’Bannon V. Ncaa: The Beginning Of The End Of The Amateurism Justification For The Ncaa In Antitrust Litigation, Michael Steele
O’Bannon V. Ncaa: The Beginning Of The End Of The Amateurism Justification For The Ncaa In Antitrust Litigation, Michael Steele
Marquette Law Review
None
Taking The Training Wheels Off Mls: Why The Single Entity Antitrust Exemption Should No Longer Apply, Tyler A. Coppage
Taking The Training Wheels Off Mls: Why The Single Entity Antitrust Exemption Should No Longer Apply, Tyler A. Coppage
Marquette Sports Law Review
None.
Deviated, Unsound, And Self-Retreating: A Critical Assessment Of The Princo V. Itc En Banc Decision, Richard Li-Dar Wang
Deviated, Unsound, And Self-Retreating: A Critical Assessment Of The Princo V. Itc En Banc Decision, Richard Li-Dar Wang
Marquette Intellectual Property Law Review
The licensing dispute between Philips and Taiwan CD-R/RW manufacturers has been a powerful generator of new developments in the field of patent and competition, which culminated with the United States Court of Appeals for the Federal Circuit's Princo en banc decision in 2010. By adding new elements to the patent-misuse test, this decision confined the applicable area of the patent-misuse doctrine to the restrictions that patent owners impose on licensees, thus substantially constraining its scope and changing its landscape. After careful review of the Federal Circuit's holding and reasoning, this article finds that this decision deviating from United States Supreme …
Topps Gets Exclusive License, Leaving Upper Deck On The Bench: An Analysis Of Major League Baseball's Antitrust Exemption In The Modern Era, Sarah A. Padove
Topps Gets Exclusive License, Leaving Upper Deck On The Bench: An Analysis Of Major League Baseball's Antitrust Exemption In The Modern Era, Sarah A. Padove
Marquette Sports Law Review
None
The Economics Of Competitive Balance: Sports Antitrust Claims After American Needle, James T. Mckeown
The Economics Of Competitive Balance: Sports Antitrust Claims After American Needle, James T. Mckeown
Marquette Sports Law Review
None.
One Trilogy That Should Go Without A Sequel: Why The Baseball Antitrust Exemption Should Be Repealed, Brittany Van Roo
One Trilogy That Should Go Without A Sequel: Why The Baseball Antitrust Exemption Should Be Repealed, Brittany Van Roo
Marquette Sports Law Review
No abstract provided.
Sports Arbitration And Enforcing Promises: Brian Shaw And Labor Arbitration, Roger I. Abrams
Sports Arbitration And Enforcing Promises: Brian Shaw And Labor Arbitration, Roger I. Abrams
Marquette Sports Law Review
No abstract provided.
2008 Antitrust Developments In Professional Sports: To The Single Entity And Beyond, James T. Mckeown
2008 Antitrust Developments In Professional Sports: To The Single Entity And Beyond, James T. Mckeown
Marquette Sports Law Review
No abstract provided.
"Mixed Metaphors," Revisionist History And Post-Hypnotic Suggestions On The Interpretation Of Sports Antitrust Exemptions: The Second Circuit's Use In Clarett Of A Piazza-Like "Innovative Reinterpretation Of Supreme Court Dogma", Walter T. Champion, Jr.
Marquette Sports Law Review
No abstract provided.
The Quest For Number One In College Football: The Revised Bowl Championship Series, Antitrust, And The Winner Take All Syndrome, C. Paul Rogers Iii
The Quest For Number One In College Football: The Revised Bowl Championship Series, Antitrust, And The Winner Take All Syndrome, C. Paul Rogers Iii
Marquette Sports Law Review
No abstract provided.
Mls' Designated Player Rule: Has David Beckham Single-Handedly Destroyed Major League Soccer's Single-Entity Antitrust Defense?, Robert M. Bernhard
Mls' Designated Player Rule: Has David Beckham Single-Handedly Destroyed Major League Soccer's Single-Entity Antitrust Defense?, Robert M. Bernhard
Marquette Sports Law Review
No abstract provided.
Antitrust Liability For Refusal To License Intellectual Property: A Comparative Analysis And The International Setting, Rita Coco
Marquette Intellectual Property Law Review
Antitrust and IP law both share the goals of promoting innovation and benefiting consumers. A potential for conflict exists, however, when a dominant firm's refusal to license IP rights affects the dynamics of competition. Antitrust intervention in IP rights can reduce incentives to invest, whereas a failure to allow anticompetitive behavior can harm consumers and competitors while reducing the efficiency of the economic system. The author reviews the European and United States approaches to monopolization claims involving IP rights. The European approach is limited by the mismatch between national enforcement of IP rights and community enforcement of antitrust law. The …
Wagging The Dog? Reconsidering Antitrust-Based Regulation Of Ip-Licensing, Gosta Schindler
Wagging The Dog? Reconsidering Antitrust-Based Regulation Of Ip-Licensing, Gosta Schindler
Marquette Intellectual Property Law Review
This Article criticizes the institutional setup in which the antitrust policies regarding IP exploitation are designed and enforced. The author compares how IP licensing is scrutinized by antitrust regimes in the European Union and the United States. The result of that comparison leads to the conclusion that any attempted resolution of the IP-Antitrust dilemma will remain inadequate as long as it is antitrust-based, that is, regulated by antitrust laws or guidelines designed by antitrust-agencies. The author argues that antitrust concerns can and should be accounted for through proper construction and application of the IP laws themselves. The article suggests a …
The Immaculate Deception: How The Holy Grail Of Protectionism Led To The Great Steroid Era, Eldon L. Ham
The Immaculate Deception: How The Holy Grail Of Protectionism Led To The Great Steroid Era, Eldon L. Ham
Marquette Sports Law Review
No abstract provided.
Is There An Antitrust Antidote Against Ip Overprotection Within Trips?, Marco Ricolfi
Is There An Antitrust Antidote Against Ip Overprotection Within Trips?, Marco Ricolfi
Marquette Intellectual Property Law Review
The Article explores the mini-body of antitrust provisions to be found within TRIPs. It advocates a general-principles based and systematic interpretative approach of these provisions with a view to finding in them an antidote to the ratcheting up of IP protection otherwise encouraged by TRIPs. In this framework, it is argued that member countries retain considerable flexibility to incorporate pro-competitive inputs and to give appropriate consideration to non-intellectual property interests in adopting legislation at the intersection of antitrust and IP. The Article further develops criteria to assess the TRIPs-compatibility both of antitrust intervention and of generalized, ex ante legislative measures …
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.
Coaching In The National Football League: A Market Survey And Legal Review, Robert H. Lattinville, Robert A. Boland
Coaching In The National Football League: A Market Survey And Legal Review, Robert H. Lattinville, Robert A. Boland
Marquette Sports Law Review
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.
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.
Market Definition In Intellectual Property Law: Should Intellectual Property Courts Use An Antitrust Approach To Market Definition?, Anna F. Kingsbury
Market Definition In Intellectual Property Law: Should Intellectual Property Courts Use An Antitrust Approach To Market Definition?, Anna F. Kingsbury
Marquette Intellectual Property Law Review
In her Article, Ms. Kingsbury notes that American courts do not use antitrust law's market definition approach in intellectual property cases. She discusses five potential rationales for this dichotomy: (1) intellectual property cases involve new products without defined markets; (2) market definition limits judicial flexibility; (3) courts do not want to burden intellectual property litigants with the time and expense of economic evidence; (4) judges reason from precedent, and that precedent did not consider market definition; and (5) "market" conveys a different meaning in intellectual property law than it does in antitrust law. Kingsbury presents counterarguments to these rationales and …
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.