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Full-Text Articles in Law

What's In A Name, Or, Better Yet, What's It Worth?: Cities, Sports Teams And The Right Of Publicity, Mitchell J. Nathanson Jan 2008

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 Dec 2007

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

The National Football League (the "NFL" or the "League"), like the National Basketball Association (the "NBA") and Major League Baseball ("MLB"), has a long history of racial exclusion.' And like these other long standing American professional sports leagues, desegregation among players preceded desegregation among coaches. As slowly increasing numbers of minorities assumed NBA head coaching positions and MLB managing positions toward the end of the twentieth century, however, minority NFL coaches were less likely to receive head coaching opportunities than their basketball and baseball counterparts. Indeed, as of 2002, only two of the NFL's thirty-two head coaches were minorities, and …


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 Dec 2007

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

Introduction: In 1950, at the end of a triumphant season with the Boston Braves, outfielder Sam Jethroe earned Major League Baseball's National League Rookie of the Year award.' Forty years later, Jethroe found himself destitute with no home and without his Rookie of the Year trophy, which he sold in desperation for money. A variety of factors conspired to pull Jethroe into poverty, and one such factor was racially motivated employment discrimination. As an African-American, Jethroe was barred from playing Major League Baseball (MLB) for the majority of what would otherwise have been his most productive playing years. Limited, as …


The Fantasy Of Athlete Publicity Rights: Public Fascination And Fantasy Sports' Assertion Of Free Use Place Athlete Publicity Rights On An Uncertain Playing Field, Maureen A. Weston Prof. Dec 2007

The Fantasy Of Athlete Publicity Rights: Public Fascination And Fantasy Sports' Assertion Of Free Use Place Athlete Publicity Rights On An Uncertain Playing Field, Maureen A. Weston Prof.

Maureen A Weston

This Comment examines the treatment of athlete publicity rights in the context of fantasy sports as well as new media uses. Part I examines cases where athlete publicity rights have been recognized and rejected. Part II focuses upon fantasy sports' challenge to player publicity rights in C.B.C. Distribution & Marketing, Inc. v. Major League Baseball Advanced Media, L.P. In C.B.C, both the federal district court and Eighth Circuit Court of Appeals upheld, albeit for different reasons, the unlicensed use of player names and statistics by a fantasy sports provider in the online games that C.B.C. sells to the public. Part …


Major League Baseball As Enron: The True Meaning Of The Mitchell Report, Mitchell J. Nathanson Dec 2007

Major League Baseball As Enron: The True Meaning Of The Mitchell Report, Mitchell J. Nathanson

Mitchell J Nathanson

Although the December 13, 2007 release of the Mitchell Report received attention for the names of the players included within, what was overlooked by many was the true import of the report: namely, the indictment of Major League Baseball itself as a corrupt entity. As such, the players identified as steroid abusers within the report were merely reflections of the larger, systemic problem that existed for decades within MLB rather than the problem in and of themselves. This article examines this revelation in detail.


The Sovereign Nation Of Baseball: Why Federal Law Does Not Apply To "America's Game" And How It Got That Way, Mitchell J. Nathanson Dec 2007

The Sovereign Nation Of Baseball: Why Federal Law Does Not Apply To "America's Game" And How It Got That Way, Mitchell J. Nathanson

Mitchell J Nathanson

This article examines the relationship between Major League Baseball (MLB) and the law and discusses how it has evolved that MLB has become unofficially exempt from federal law on a wide range of issues due to its unique status within American society. Although its antitrust exemption is well-known, MLB has, in practice, not been subject to the forces of federal law in many other contexts as well, setting it apart from most other corporations and organizations – even other professional sports leagues such as the NFL, NHL and NBA. As a result of the wide berth provided to MLB by …


Sales And Sports Law, Adam Epstein Dec 2007

Sales And Sports Law, Adam Epstein

Adam Epstein

The purpose of this article is to provide insight into the basics of the Uniform Commercial Code (UCC) and explore its application to sports law. Particular focus is on the sale of goods found in the UCC's Article 2. Whether a buyer and seller closes a deal for the sale of helmets, bats, balls, backboards, sports memorabilia, a new artificial surface for the outdoor field or to fulfill an order for a new set of game jerseys, the UCC applies to the sale if the parties to the sales contract failed to otherwise agree upon the specifics.