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Full-Text Articles in Law

Gaming The System: The Exemption Of Professional Sports Teams From The Fair Labor Standards Act, Charlotte S. Alexander, Nathaniel Grow Nov 2015

Gaming The System: The Exemption Of Professional Sports Teams From The Fair Labor Standards Act, Charlotte S. Alexander, Nathaniel Grow

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This article examines a little known exemption to the Fair Labor Standards Act relieving seasonal recreational or amusement employers from their obligation to pay the minimum wage and overtime. After evaluating the existing, confused case law surrounding the exemption, we propose a new, simplified framework for applying the provision. We then apply this framework to a recent wave of FLSA lawsuits brought by cheerleaders, minor league baseball players, and stadium workers against professional sports teams. The article concludes by considering the policy implications of exempting this class of employers from the FLSA's wage and hour requirements.


Are The Courts Singing A Different Tune When It Comes To Music?: What Ever Happened To Fair Use In Music Sampling Cases?, Michael B. Landau Jan 2015

Are The Courts Singing A Different Tune When It Comes To Music?: What Ever Happened To Fair Use In Music Sampling Cases?, Michael B. Landau

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As "fair use" has become more common as a defense to copyright infringement, often successfully, it has not gained any ground in cases involving music sampling. In the years since Campbell v. Acuff-Rose Music, Inc.,we have seen the introduction of "transformative use" to fair use analysis. "Transformative use" has led to the holdings that thumbnail reproductions of photographs, parodies of novels, parodies of advertisements, changed artworks, the inclusion of legal briefs in searchable databases, the inclusion of music in film, and the mass digitization of millions of books are all "fair use." Almost every day we read of another ...


Is It Cheating To Use Cheetahs?: The Implications Of Technologically Innovative Prostheses For Sports Values And Rules, Patricia J. Zettler Jan 2009

Is It Cheating To Use Cheetahs?: The Implications Of Technologically Innovative Prostheses For Sports Values And Rules, Patricia J. Zettler

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This Article uses the case of Oscar Pistorius – the South African runner and amputee who competed with blade-like, lower-leg prostheses – to analyze how the International Association of Athletic Federations (IAAF), the world governing body of track and field, should regulate elite athletes’ use of innovative prostheses. The Article argues that the Court of Arbitration of Sport correctly decided that Pistorius should be permitted to compete in able-bodied competitions, but that the IAAF rule on which the decision was based failed to account for the full range of sports values implicated by the use innovative prostheses. The Article proposes that IAAF ...


The Coming Revenue Revolution In Sports, Jack F. Williams Jan 2006

The Coming Revenue Revolution In Sports, Jack F. Williams

Faculty Publications By Year

No abstract provided.