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Full-Text Articles in Law

Color Commentators Of The Bench, Adam Benforado Dec 2010

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 Dec 2010

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 Dec 2010

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 Dec 2010

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 Dec 2010

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 Dec 2010

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 …