Law Commons^™

Targeted Reform Of Commercialized Intercollegiate Athletics, Matt Mitten, Jim Musselman, Bruce Burton

Matt Mitten

This article observes that American society’s passion for intercollegiate sports competition is an extremely powerful, naturally evolved cultural force. The marketplace responds to cultural forces, and the commercialization of college sports directly reflects the marketplace realities of our society. For example, colleges and universities rationally utilize their intercollegiate athletic programs, particularly NCAA Division 1 FBS football and basketball, as a means to achieve a wide range of legitimate objectives of higher education. Thus, the authors advocate that university athletic department revenues should continue to be exempt from federal taxation, specifically the unrelated business income tax (UBIT), despite the increasingly commercialized …

The Coaching Carousel In Big-Time Intercollegiate Athletics: Economic Implications And Legal Considerations, Richard T. Karcher

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Does The Nba Still Have Market Power? Exploring The Implications Of An Increasingly Global Market For Men's Basketball Player Labor, Marc Edelman

Marc L Edelman

In the March 2002 case Fraser v. Major League Soccer, the First Circuit Court of Appeals upheld a jury’s finding that America’s twelve Major League Soccer clubs (“MLS”) compete in an international market for men’s professional soccer labor. The court then held that the MLS clubs do not have enough market power to collude illegally under Section 1 of the Sherman Act. At the time when Fraser was decided, few believed the case would become relevant to America’s other professional sports leagues. Indeed, at that time, most other American sports clubs did not compete with foreign clubs for premier men’s …

Major League Baseball And The Antitrust Rules: Where Are We Now?, Harvey Gilmore

Harvey Gilmore

This essay will attempt to look into the history of professional baseball’s antitrust exemption, which has forever been a source of controversy between players and owners. This essay will trace the genesis of the exemption, its evolution through the years, and come to the conclusion that the exemption will go on ad infinitum.

June 13, 2009: Pens Win, Bruce Ledewitz

Hallowed Secularism

Blog post, “Pens Win“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Can "Show Business" And "Show Ethics" Coexist In Sports Agency? An Examination Of The Conflicts Of Interest Professional Sports Agents Face Today, Kristopher W. Zinchiak

Kristopher W Zinchiak

The role of a sports agent is to be the ultimate protector of his/her client and to represent his/her client’s interests zealously. However, as the realm of professional sports has evolved into a highly lucrative business, it has become increasingly more convenient to both overlook and undervalue the industry’s most fundamental interest, namely the protection of its players. Tempted by the lure of the almighty dollar, it is now commonplace in today’s society to cast players’ interests aside for the more appealing objectives of monetary gain and the economy of sport. In theory, sports agents exist to combat this temptation …

Flying High And Falling Hard: How The Wisconsin Supreme Court’S Decision In Noffke V. Bakke Sheds New Light On The Application Of A Heightened Negligence Standard Between Co-Pariticpants In A Recreational Activity, Richard L. Campbell

Richard L Campbell Jr

This note examines the Wisconsin supreme court’s recent holding in Noffke v. Bakke. The Noffke court overruled the appellate court’s finding that co-participants engaged in cheerleading were subject to an ordinary negligence standard, finding instead that a statutorily imposed recklessness standard applied. In doing so, the Noffke court raised a number of important and interesting questions concerning the nature and current state of cheerleading – an activity that has evolved tremendously over the past two decades. The rapid evolution of cheerleading, and the difficulty in characterizing it as an activity or sport, competitive or non-competitive, contact or non-contact, has the …

Title Ix: The Story Of A Provision In Need Of Reform, Benjamin J. Adams

Benjamin J Adams

Title IX has come a long way in its goal to provide opportunity for women. The spirit and goal of the law are still a proper and desirable outcome; however, there must be some evolution to the application of Title IX to collegiate athletics.

There is no doubt that the framers nor even proponents of Title IX, who would like to further advance female opportunities in sports, believe that men’s programs or athletes should be harmed. As Arizona State University associate athletic director Dawn Rogers theorized, “[t]hat’s a shortfall of the law. It’s about providing opportunities, not taking away from …

A Black Mathematician Responds To Delgado, Aris B. Winger

Aris B Winger

A Black mathematician, a rarity, responds to Richard Delgado's famous "Role Model" article by elucidating crucial mistakes made by the author in his arguments against being a role role model.

Sports In The Courts: The Role Of Sports References In Judicial Opinions, Douglas E. Abrams

Douglas E. Abrams

Sports In the Courts: The Role of Sports References in Judicial Opinions by Douglas E. Abrams Abstract In cases with no claims or defenses concerning sports, the Supreme Court and lower federal and state courts frequently publish opinions that draw analogies to the rules or terminology of sports familiar to broad segments of the American people. Sports analogies can help the court explain factual or legal points because today’s generation, including the lawyers and litigants who comprise the prime audience for written opinions, grew into adulthood amid an unprecedented saturation of professional and amateur sports in the broadcast and print …

The Best Of Both Worlds: Legalizing Ticket Scalping While Maintaining Consumer Protections, Daniel Gorback

Daniel Gorback

No abstract provided.

Opportunism, Uncertainty, And Relational Contracting - Antitrust Rules In The Film Industry, Ryan M. Riegg

Ryan M. Riegg

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

N. Jeremi Duru

Sport is a potent unifying force and a potentially powerful tool in bridging societal divides. As such, the increasing frequency of professional athletes leaving their home nations and continents to access employment opportunities abroad portends positively for greater cultural understanding in our global community. This paper argues, however, that in America’s professional sporting context, internationalization of sport plays an additional, unsavory, role – it serves as a means of manipulating leagues’ racial compositions.

Studies conducted during the past twenty years reveal that spectators at professional American sporting contests – a substantial majority of whom are Caucasian – exhibit preferences for …

Problems With Standards In Sports Doping Control: Improper Prohibitions, Imbalanced Penalties, Jae Soog Lee

Jae Soog Lee

No abstract provided.

February 2, 2009: Steelers Holiday, Bruce Ledewitz

Hallowed Secularism

Blog post, “Steelers Holiday“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

“I’M His Coach, Not His Father:” A Title Ix Analysis Of Sexual Harassment In College Sports, Caitlin M. Cullitan

Caitlin M. Cullitan

ABSTRACT “I’m His Coach, Not His Father.” A Title IX Analysis of Sexual Harassment in College Sports Caitlin M. Cullitan

Studies have estimated that, while male athletes constitute only a small percentage of the college community, they are responsible for nearly one-third of the sexual abuse crimes. Recent case law demonstrates that college coaches sometimes actively recruit potential student athletes who have been charged with sexual misconduct. Once these student-athletes are admitted, these coaches may fail to inform the student-athletes of the institution’s sexual harassment policies and fail to respond appropriately when new claims of sexual misconduct are made against …

January 19, 2009: Steelers Win Again, Bruce Ledewitz

Hallowed Secularism

Blog post, “Steelers Win Again“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

International Arbitrary Arbitrator In Cas: An Uphill Battle Against Sports Organizations’ Corruption, Jae Soog Lee

Jae Soog Lee

No abstract provided.

January 11, 2009: Steelers Win, Bruce Ledewitz

Hallowed Secularism

Blog post, “Steelers Win“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Second Circuit Takes A Second Look At The Non-Statutory Labor Exemption In Professional Sports: A Review Of Wood V. National Basketball Association, Caldwell V. American Basketball Association, National Basketball Association V. William, And Clarett V. National Football League, Walter T. Champion Jr.

Hofstra Labor & Employment Law Journal

No abstract provided.

2008 Antitrust Developments In Professional Sports: To The Single Entity And Beyond, James T. Mckeown

Marquette Sports Law Review

No abstract provided.

Student Gladiators And Sexual Assault: A New Analysis Of Liability For Injuries Inflicted By College Athletes, Ann Scales

Michigan Journal of Gender & Law

This Article will focus on an issue that was probably not on the minds of 19th century educators, nor primarily on the minds of the legions of present-day academic critics of intercollegiate sports. Namely, this Article explores the ways in which big-time athletics- particularly football-normalize and encourage harms to women, including educational and sexual harms. The author’s theses depend upon acknowledging certain open secrets about college football: that it is a celebration of male physical supremacy (measured by male standards); that it is something that society lets males do and have as their sport, for reasons both good and bad; …

"It's Third And Eight!" The Third Circuit Adopts An Eight Factor Test For Likelihood Of Confusion In False Endorsement Claims In Facenda V. N.F.L. Films, Justin Kerner

Justin Kerner, Esq.

When Congress passed the Lanham Act in 1946, it sought to codify pre-Erie federal “common law” that gave the federal government power to regulate trademarks. In the years that followed, federal courts paid greater heed to Congress’ intent in passing the Act than its actual language; to keep pace with evolving marketing and advertising trends, the courts “created” statutory protections that the Act did not explicitly provide. When Congress amended the Lanham Act in 1988, it again codified federal case law that gave the government power to protect both trademark owners and consumers. Notably, the 1988 amendment empowered federal courts …

Blades Of Steal - The Fight For Control Of Sports Clubs' Websites And Media Rights In Madison Square Garden, L.P. V. National Hockey League, Michael Huntowski

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

Survey: A Global Perspective On The Most Important Cases Affecting The Sports Industry, Hayden Opie

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

Full Court Press: How Collective Bargaining Weakened The Nba's Competitive Edge In A Globalized Sport, Matthew Epps

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

"Mixed Metaphors," Revisionist History And Post-Hypnotic Suggestions On The Interpretation Of Sports Antitrust Exemptions: The Second Circuit's Use In Clarett Of A Piazza-Like "Innovative Reinterpretation Of Supreme Court Dogma", Walter T. Champion, Jr.

Marquette Sports Law Review

No abstract provided.

Sports Arbitration And Enforcing Promises: Brian Shaw And Labor Arbitration, Roger I. Abrams

Marquette Sports Law Review

No abstract provided.

When Is A Cpa As Important As Your Era? A Comprehensive Evaluation And Examination Of State Tax Issues On Professional Athletes, Alan Pogroszewski

Marquette Sports Law Review

No abstract provided.

The Prohibition Of Prosthetic Limbs In American Sports: The Issues And The Role Of The Americans With Disabilities Act, Christopher Bidlack

Marquette Sports Law Review

No abstract provided.