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Full-Text Articles in Law
Amateurism And The Ncaa: How A Changing Market Has Turned Caps On Athletic Scholarships Into An Antitrust Violation, Daniel Laws
Amateurism And The Ncaa: How A Changing Market Has Turned Caps On Athletic Scholarships Into An Antitrust Violation, Daniel Laws
Law Student Publications
The college athletics industry is worth $16 billion, and it only continues to grow as the number of collegiate students and student-athletes increases. The governing body of collegiate athletics, the National Collegiate Athletic Association ("NCAA"), prides itself on the amateur status of its athletes. To preserve its athletes' amateurism, the NCAA mandates that its member institutions agree not to compensate student-athletes with athletic scholarships that are above the university's cost of attendance. Typically, this type of horizontal agreement- one between competitors that artificially caps the amount a worker can earn violates Section 1 of the Sherman Act as an unreasonable …
Why Sports Law?, Sherman J. Clark
Why Sports Law?, Sherman J. Clark
Articles
This essay argues that sports law can be more than just a fascinating and topical subject with great appeal to those who work or hope to work in the field. It can also be a valuable intellectual and pedagogical enterprise—even for those who do not or will not work in sports. In particular, sports law can be a useful and clarifying lens through which to study the law more broadly. This is because sports enterprises and issues tend to put unique and potentially illuminating pressures on the law. Ordinary or unexamined assumptions often break down or prove inadequate when confronted …
Do You Believe He Can Fly? Royce White And Reasonable Accommodations Under The Americans With Disabilities Act For Nba Players With Anxiety Disorder And Fear Of Flying, Michael Mccann
Law Faculty Scholarship
This Article examines the legal ramifications of Royce White, a basketball player with general anxiety disorder and obsessive compulsive disorder, playing in the NBA. White's conditions cause him to have a fear of flying, thus making it difficult to play in the NBA. This subject is without precedent in sports law and, because of the unique aspects of an NBA playing career, lacks clear analogy to other employment circumstances. This dispute also illuminates broader legal and policy issues in the relationship between employment and mental illness.
This Article argues that White would likely fail in a lawsuit against an NBA …
Competitive Entertainment: Implications Of The Nfl Lockout Litigation For Sports, Theatre, Music, And Video Entertainment, Henry H. Perritt Jr.
Competitive Entertainment: Implications Of The Nfl Lockout Litigation For Sports, Theatre, Music, And Video Entertainment, Henry H. Perritt Jr.
All Faculty Scholarship
The 2011 NFL lockout reveals profound changes in the labor and product markets for the entire entertainment industry, driven by a revolution in technology. This article explores the revolution in the professional sports, theatre, and movie-making industries and concludes that it is fragmenting production, blurring the boundaries between labor markets and product markets, and introducing new forms of competition. As a result, the labor exemptions to the antitrust laws, which featured prominently in the NFL controversy are becoming less relevant, shifting the law's policing of competition to antitrust rule-of-reason analysis, where counterpoises such as labor unions are inactive, and making …
Illegal Defense: The Irrational Economics Of Banning High School Players From The Nba Draft, Michael Mccann
Illegal Defense: The Irrational Economics Of Banning High School Players From The Nba Draft, Michael Mccann
Law Faculty Scholarship
Each year, the National Basketball Association (NBA) conducts its annual entry draft (NBA Draft), which is the exclusive process by which premiere amateur players gain entrance into the NBA. To the dismay of many commentators, a number of drafted players will have just completed their senior year of high school. Routinely, these players are dismissed as immature, unprepared, and ill-advised, even though most will sign guaranteed, multi-million dollar contracts before their college educations would have begun. In stark contrast to popular myth, this Article finds that players drafted straight out of high school are not only likely to do well …
Not At The Behest Of Nonlabor Groups: A Revised Prognosis For A Maturing Sports Industry, Phillip J. Closius
Not At The Behest Of Nonlabor Groups: A Revised Prognosis For A Maturing Sports Industry, Phillip J. Closius
All Faculty Scholarship
For most of its history, professional athletics was governed by the unilateral decisions of team owners acting in a league format. In the last twelve years, however, a variety of sporting groups, through access to the judicial system and a changed perception of the legal status of sports, have forced the owners to share the power and wealth derived from the games. Players, unions, agents and rival leagues all now participate, in some form, in the decisions which will shape the future of sports. In the course of this growth, the sports industry has matured into a national business possessed …