Law Commons^™

Philadelphia And Sports Law, Adam Epstein, Brian Halsey

Adam Epstein

Free Speech Versus Free Education: First Amendment Considerations In Limiting Student Athletes' Use Of Social Media, Mary Margaret Penrose

Meg Penrose

This article considers the First Amendment implications regarding limitations placed on student athletes' use of social media. Schools have a vested interest in controlling their athletes' public expressions, whether such expressions are found in tattoos, public interviews or tweets. Like it or not, a great deal of damage can occur in "140 words or less." And, displeased student-athletes have choices. Twitter or touchdowns. Facebook from your dorm or facetime on television hitting three-pointers. While universities are generally places that encourage robust speech and debate, there are defensible, and arguably lawful, reasons why schools should limit student-athletes' use of social media. …

Free Speech Versus Free Education: First Amendment Considerations In Limiting Student Athletes' Use Of Social Media, Mary Margaret Penrose

Meg Penrose

This article considers the First Amendment implications regarding limitations placed on student athletes' use of social media. Schools have a vested interest in controlling their athletes' public expressions, whether such expressions are found in tattoos, public interviews or tweets. Like it or not, a great deal of damage can occur in "140 words or less." And, displeased student-athletes have choices. Twitter or touchdowns. Facebook from your dorm or facetime on television hitting three-pointers. While universities are generally places that encourage robust speech and debate, there are defensible, and arguably lawful, reasons why schools should limit student-athletes' use of social media. …

Hoop Dreams Deferred: The Wnba, The Nba, And The Long-Standing Gender Inequity At The Game’S Highest Level, N. Jeremi Duru

N. Jeremi Duru

Ohio And Sports Law, Adam Epstein

Adam Epstein

The purpose of this paper is to offer a broad perspective on how individuals, universities and professional teams associated with the state of Ohio have had a varied impact on sports law in general. Many of the cases and decisions discussed in this paper include familiar incidents and issues involving basketball coach Jim O’Brien, pitcher Andy Oliver, running back Maurice Clarett, sprinter Harry “Butch” Reynolds, high school football player Bobby Martin, Major League Baseball (MLB) manager Pete Rose and others. This article could also be viewed as a starting point for further research involving this Midwestern state also known as …

Gamechanger: Ncaa Student-Athlete Likeness Litigation And The Future Of College Sports, Maureen A. Weston Prof.

Maureen A Weston

In re NCAA Student-Athlete Name & Likeness Licensing Litigation is a consolidated lawsuit that arose principally from two federal lawsuits filed in California in 2009 against the NCAA, EA, and the CLC: Keller v. Electronic Arts, Inc., and O’Bannon v. National Collegiate Athletic Ass’n. These cases attack the practice of using the names, images, and likenesses (NIL) of student-athletes in broadcasts and rebroadcasts of games, DVDs, photos, video games, etc., without compensation to the athletes. This Article examines the implications of the challenges raised in In re NCAA Student-Athlete Name & Likeness Licensing Litigation on the future of amateurism, the …

Dick Allen Preferred Not To: A Reconsideration Of Baseball's Bartleby, Mitchell J. Nathanson

Mitchell J Nathanson

During the course of his major league career, Dick Allen did a lot of things: he was the 1964 NL Rookie of the Year and the 1972 AL Most Valuable Player; his 351 home runs are more than Hall of Famer Ron Santo, his 1119 RBI’s are more than Hall of Famer Rod Carew, and, for those who pray to the alter of sabermetrics, his “adjusted OPS+” is higher than the greatest slugger of all time, Hall of Famer Hank Aaron. Because of all that he did, the MLB Network in 2012 ranked him as a member of its “Top …

Who Exempted Baseball, Anyway?: The Curious Development Of The Antitrust Exemption That Never Was, Mitchell J. Nathanson

Mitchell J Nathanson

This article takes a fresh look at baseball’s alleged antitrust exemption and explains why, after all, the exemption is alleged rather than actual. For contrary to popular opinion, this article concludes that the Supreme Court’s 1922 Federal Baseball Club decision did not exempt Organized Baseball from federal antitrust laws. Instead, the opinion was much more limited in scope and never reached the question of whether Organized Baseball should be treated differently than other, similarly situated businesses or institutions, although Organized Baseball clearly invited the Justices to make this determination in its brief to the Court. As this article discusses, the …

Maryland Sports Law, Adam Epstein

Adam Epstein

This article explores how individuals, universities and professional teams associated with the state of Maryland have had a varied impact on sports law in general. It also serves as a primer for anyone studying sports law, particularly for those interested intellectual property or disability issues. Maryland has had a surprising important role in shaping sports law nationally and continues as part of the discussion. Baltimore, Maryland and the surrounding region (including D.C.) had one of the greatest sports years in 2012-2013. Not surprisingly, most of the significant sports law cases from the Chesapeake Bay area emanate from the city of …

Taxing Missy: Operation Gold And The 2012 Proposed Olympic Tax Elimination Act, Kathryn Kisska-Schulze, Adam Epstein

Adam Epstein

The purpose of this article is to explore the legal and tax environment surrounding the August 1, 2012 bill referred to as the Olympic Tax Elimination Act (OTEA) which was introduced in the U.S. Senate to exempt from gross income the prize money earned by U.S. Olympians from the United States Olympic Committee (USOC) for earning a gold, silver or bronze medal. The OTEA came at a time when American economic growth has been stagnant, and income tax issues became a hotly contested political debate for the 2012 Presidential election. The article explores how tax issues have weaved their way …

Missouri Sports Law, Adam Epstein

Adam Epstein

The purpose of this paper is to present a brief perspective and overview on how individuals and teams associated with the state of Missouri have had an impact on sports law in general. This article synthesizes Missouri-related cases and decisions, demonstrating that the legal issues are quite broad and varied in this area of the law. Some represent significant state and federal sports law cases including those that have been initiated in or traveled through Missouri via the Eighth Circuit Court of Appeals.

Surveying Colorado Sports Law, Adam Epstein

Adam Epstein

The purpose of this article is to provide an overview and explore some of the major sports law cases that have emanated from within the four corners of the state of Colorado or maneuvered through Denver’s Tenth Circuit Court of Appeals. Colorado is a prime location for a wide range of cutting edge cases, decisions, discussions and events which have an impact on the relationship between sports and the law among the professional, amateur and recreational environments. Legal issues at Colorado-based educational institutions appear to have an affinity for and history of exposing and challenging the authority of NCAA policies.

Doping Control, Mandatory Arbitration, And Process Dangers For Accused Athletes In International Sports , Maureen A. Weston

Maureen A Weston

Athletes in a professional sports league in the United States are members of players unions, which assist their athletes in obtaining representation when they are involved in dispute resolution proceedings associated with disciplinary actions. However, individual athletes who participate in international competitions do not enjoy the same benefits. When these athletes are required to submit to mandatory drug testing, with attendant potential criminal liability, and to mandatory arbitration, they should be provided meaningful access to competent legal representation when their athletic careers are in jeopardy. This article considers the legal framework, process, and recourse for athletes in international competition to …

Call In The Feds: Title Vi As A Diversifying Force In The Collegiate Head Football Coaching Ranks, N. Jeremi Duru

N. Jeremi Duru

A People's History Of Baseball, Mitchell J. Nathanson

Mitchell J Nathanson

Baseball is much more than the national pastime. It has become an emblem of America itself. From its initial popularity in the mid-nineteenth century, the game has reflected national values and beliefs and promoted what it means to be an American. Stories abound that illustrate baseball's significance in eradicating racial barriers, bringing neighborhoods together, building civic pride, and creating on the field of play an instructive civics lesson for immigrants on the national character. In A People's History of Baseball, Mitchell Nathanson probes the less well-known but no less meaningful other side of baseball: episodes not involving equality, patriotism, heroism, …

Color Commentators Of The Bench, Adam Benforado

Adam Benforado

Featuring prominently in the last four sets of Supreme Court confirmation hearings, the judge-as-umpire analogy has become the dominant frame for understanding the role of the Justice and may also now act as a significant constraint on judicial behavior. Strong criticisms from legal academics and journalists attacking the realism of the analogy have had little destabilizing effect. This Essay argues that the best hope for shifting the public conception of the work of a Justice is to offer a counter analogy that draws from an equally intuitive and familiar context, while also capturing the core essence of Supreme Court adjudication …

The Legality Of The Greek Sports Betting Monopoly Under European Law, Marios Papaloukas

Marios Papaloukas

Is it possible, a company that is enlisted on the stock market which by definition seeks primarily to increase profits and to protect the investor’s interests, instead to protect consumers from the services offered by itself. This public service provided would it not conflict its operation as a profit seeking business? And if indeed it were so, would not this be misleading for its investors and should not this be clearly stated in its prospectus informing its investors-shareholders that this company is not primarily aiming at protecting the investors financial interests, like all other publicly traded companies but rather that …

Comments On The Ecj’S Markus Stoss Decision, Marios Papaloukas

Marios Papaloukas

Comments on the CJEU Case Joined Cases C 316/07, C 358/07 to C 360/07, C 409/07 and C 410/07 about sport betting in Europe

Truly Sovereign At Last: C.B.C. Distribution V. Mlb Am And The Redefinition Of The Concept Of Baseball, Mitchell J. Nathanson

Mitchell J Nathanson

This article is the second in the author’s series examining the interplay between baseball and the law (the first being The Sovereign Nation of Baseball: Why Federal Law Does Not Apply To “America’s Game” And How It Got That Way, 16 Vill. Sports & Ent. L.J. 49 (2009)). The Sovereign Nation of Baseball provided the groundwork for this series by discussing how federal courts have historically deferred to those who have traditionally run Major League Baseball (the office of the Commissioner of Baseball as well as the cabal of club owners), bending the rules that would otherwise dictate the resolution …

An Exploration Of Interesting Clauses In Sports, Adam Epstein

Adam Epstein

The purpose of this article is to explore a broad spectrum of some of the more prominent and interesting contract clauses that have worked their way into the practice of law in the business of sport. Many of the examples utilized in this article reflect the fundamental principles of contract law generally. The article explores contract clauses (and in some cases terminations) related to prominent coaches including Jim O'Brien, Kelvin Sampson, Tom Crean and Bruce Pearl. Other clauses explored include baseball's now outdated reserve clause, termination for cause clauses, morals, force majeure, liquidated damages, hazardous activity, best efforts, best interests …

Religion And Sports In The Undergraduate Classroom: A Surefire Way To Spark Student Interest, Adam Epstein

Adam Epstein

The purpose of this pedagogical piece is to present an opportunity to discuss religion in the context of sports as a means of generating classroom discussion and prompting extra-curricular reading on topics pertaining to business law primarily at the undergraduate level. A discussion of religion and sports provides one avenue to pursue exploration of the free exercise and establishment clauses. Examples are provided in the intercollegiate, interscholastic and professional sport contexts. The article also provides a brief primer on the First Amendment generally, outlining some of the classic Supreme Court cases. The article then discusses a series of cases involving …

The Field Is Our Field: Foreign Players, Domestic Leagues, And The Unlawful Racial Manipulation Of American Sport, N. Jeremi Duru

N. Jeremi Duru

Anatomy Of The First Public International Sports Arbitration And The Future Of Public Arbitration After Usada V. Floyd Landis, Maureen A. Weston Prof.

Maureen A Weston

Mere weeks after American professional cyclist Floyd Landis seemingly won the 2006 Tour de France, the United States Anti-Doping Association (USADA), under the authority granted to it by the U.S. Congress, and through its enforcement of the World Anti-Doping Code (WADC), accused him of having committed doping violations during the race. Landis vehemently denied these allegations, and accused the French laboratory that had performed the testing of his post-race samples, the Laboratoire National du Depistage du Dopage (LNDD), of bias and misconduct in his case.

Under USADA rules, an American athlete accused of doping may request an arbitration hearing before …

Sports Law: Cases And Materials, Michael Cozzillio, Mark Levinstein, Michael Dimino, Gabe Feldman

Michael R Dimino

No abstract provided.

Simply A Dress Rehearsal? U.S. Olympic Sports Arbitration And De Novo Review At The Court Of Arbitration For Sport, Maureen A. Weston Prof.

Maureen A Weston

This article discusses issues that can arise when American atheletes attempt to deal with the web of national and international dispute resolution procedures and the emerging lex sportiva, which govern international sports. Specifically, it examines the reasons why the American court system cannot assist American athletes who submit to international sports dispute resolution procedures. Congress has designated the United States Olympic Committee (USOC) as the domestic organization that handles disputes involving Olympic-eligible American athletes. If the USOC declares an athlete ineligible or hands down some other sanction, the case can be submitted to the American Arbitration Association (AAA), the tribunal …

Betting On Sports Events, Marios Papaloukas

Marios Papaloukas

European Union case law affects many areas of the economic sector. One of them is betting on sports events. In recent years betting on sports events has increased significantly. However, betting on sports events is subject to restrictive regulation in most Member States of the European Union. It comes as no surprise that sports betting enterprises have challenged these restrictive laws before the European Court of Justice. The Court therefore is faced with a dilemma. On one hand we have the rights of businesses providing the service of betting on sports events and on the other the rights of Member …

Incorporating The Criminal Law In Sport Studies, Adam Epstein

Adam Epstein

The purpose of this article is to provide an outline for teaching the criminal law in a sport studies (or related) course. The article discusses the differences among various crimes and whether physical violence involves legitimate or illegitimate force during a sports contest. Even non-violent (white collar) crimes such as the incident at the University of Toledo demonstrate how the criminal law can weave its way into the legal environment of sport. The article also notes how crimes can be committed in all environments and at all levels: youth sport, recreational activities and leagues, amateur competition and in the professional …

What's In A Name, Or, Better Yet, What's It Worth?: Cities, Sports Teams And The Right Of Publicity, Mitchell J. Nathanson

Mitchell J Nathanson

This article examines the harm that accompanies real and threatened in-market relocations of professional sports teams and proposes a federal statutory remedy that will protect the interest of city residents given the reality that city governments have demonstrated their inability to adequately protect their electorate through contract law alone. Although, as this article discusses, there have been myriad bills proposed by Congress in response to several high profile out-of-market sports franchise relocations (mostly those involving NFL teams and mostly during the 1990’s), in-market relocations have historically occurred much more frequently, inflicting similar harms to the spurned city residents. Moreover, as …

The Fritz Pollard Alliance, The Rooney Rule, And The Quest To "Level The Playing Field" In The National Football League, In Reversing Field: Examining Commercialization, Labor, Gender And Race In 21st Century Sports Law, N. Jeremi Duru

N. Jeremi Duru

Exploring Jethroe’S Injustice: The Impact Of An Ex-Ballplayer’S Legal Quest For A Pension On The Movement For Restorative Racial Justice, N. Jeremi Duru

N. Jeremi Duru