Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 20 of 20

Full-Text Articles in Law

Gender Non-Conformity As A Foundation For Sex Discrimination: Why Title Ix May Be An Appropriate Remedy For The Ncaa's Transgender Student-Athletes, Jennifer V. Sinisi Jan 2012

Gender Non-Conformity As A Foundation For Sex Discrimination: Why Title Ix May Be An Appropriate Remedy For The Ncaa's Transgender Student-Athletes, Jennifer V. Sinisi

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Settling Cultural Property Disputes, Amy Bitterman Jan 2012

Settling Cultural Property Disputes, Amy Bitterman

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Don Fehr Trades His Ball For A Puck: Will He Continue To Score, Jordan I. Kobritz, Jeffrey F. Levine, Steven C. Palmer Jan 2012

Don Fehr Trades His Ball For A Puck: Will He Continue To Score, Jordan I. Kobritz, Jeffrey F. Levine, Steven C. Palmer

Jeffrey S. Moorad Sports Law Journal

The article discusses former Major League Baseball Players' Association (MLBPA) Executive Director Donald Fehr and his decision to help the National Hockey League Players' Association (NHLPA) with the reforming of its constitution and its search for a director. The NHLPA's plan to use Fehr in its collective bargaining agreement (CBA) negotiations with the National Hockey League (NHL) in 2012 is also addressed.


Permitting Student-Athletes To Accept Endorsement Deals: A Solution To The Financial Corruption Of College Athletics Created By Unethical Sports Agents And The Ncaa's Revenue-Generating Scheme, Michael A. Corgan Jan 2012

Permitting Student-Athletes To Accept Endorsement Deals: A Solution To The Financial Corruption Of College Athletics Created By Unethical Sports Agents And The Ncaa's Revenue-Generating Scheme, Michael A. Corgan

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Brady V. Nfl: How The Eighth Circuit Saved The 2011 Nfl Season By Supporting Negotiation, Not Litigation, Erick V. Passer Jan 2012

Brady V. Nfl: How The Eighth Circuit Saved The 2011 Nfl Season By Supporting Negotiation, Not Litigation, Erick V. Passer

Jeffrey S. Moorad Sports Law Journal

The article discusses the United States District Court for the District of Minnesota case Brady v. National Football League (NFL) which deals with the NFL players' attempt to obtain a preliminary injunction to prevent the NFL from locking them out during the NFL's collective bargaining agreement (CBA) negotiations with the NFL Payers Association (NFLPA). The U.S. Sherman Anti-Trust Act is also addressed.


Send Me A Picture Baby, You Know I'D Never Leak It: The Role Of Miller V. Mitchell In The Ongoing Debate Concerning The Prosecution Of Sexting, Mallory M. Briggs Jan 2012

Send Me A Picture Baby, You Know I'D Never Leak It: The Role Of Miller V. Mitchell In The Ongoing Debate Concerning The Prosecution Of Sexting, Mallory M. Briggs

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Sister Wives: A New Beginning For United States Polygamist Families On The Eve Of Polygamy Prosecution, Katilin R. Mcginnis Jan 2012

Sister Wives: A New Beginning For United States Polygamist Families On The Eve Of Polygamy Prosecution, Katilin R. Mcginnis

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Perplexing Precedent: United States V. Stevens Confounds A Century Of Supreme Court Conventionalism And Redefines The Limits Of Entertainment, Meredith L. Shafer Jan 2012

Perplexing Precedent: United States V. Stevens Confounds A Century Of Supreme Court Conventionalism And Redefines The Limits Of Entertainment, Meredith L. Shafer

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Defining Public Concern After Snyder V. Phelps: A Pliable Standard Mingles With News Media Complicity, Clay Calvert Jan 2012

Defining Public Concern After Snyder V. Phelps: A Pliable Standard Mingles With News Media Complicity, Clay Calvert

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


The Limited Protections Of Intellectual Property Law For The Variety Arts: Protecting Zacchini, Houdini, And Cirque Du Soleil, Sara J. Crasson Jan 2012

The Limited Protections Of Intellectual Property Law For The Variety Arts: Protecting Zacchini, Houdini, And Cirque Du Soleil, Sara J. Crasson

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


The Paper Case: The Neutral Reportage Privilege In Defamation Cases And Its Impact On The First Amendment, Shelly Rosenfeld Jan 2012

The Paper Case: The Neutral Reportage Privilege In Defamation Cases And Its Impact On The First Amendment, Shelly Rosenfeld

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Home Field Advantage: Determining The Appropriate Turf For Williams V. National Football League And Clarifying Preemption Precedent, Dana A. Gittleman Jan 2012

Home Field Advantage: Determining The Appropriate Turf For Williams V. National Football League And Clarifying Preemption Precedent, Dana A. Gittleman

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Moneyball's Impact On Business And Sports, Jeffrey S. Moorad, Billy Beane, Omar Minaya, Phil Griffin Jan 2012

Moneyball's Impact On Business And Sports, Jeffrey S. Moorad, Billy Beane, Omar Minaya, Phil Griffin

Jeffrey S. Moorad Sports Law Journal

The article presents a transcript of the "'Moneyball's' Impact on Business and Sports" panel discussion which was held as part of the annual Villanova Sports and Entertainment Law Journal Symposium in Villanova, Pennsylvania in February 2012. The panel, which featured former Pennsylvania Governor Edward G. Rendell and Oakland Athletics baseball team General Manager Billy Beane, discussed the impact of Michael Lewis' book "Moneyball: The Art of Winning an Unfair Game" on the game of baseball.


The Right Of Publicity In New York And California: A Critical Analysis, Paul Czarnota Jan 2012

The Right Of Publicity In New York And California: A Critical Analysis, Paul Czarnota

Jeffrey S. Moorad Sports Law Journal

The article provides an analysis of the right of publicity under the state laws of New York and California as of September 2012, focusing on the application of the laws to celebrities and the illegal use of their identities in advertising and trade. The New York right to publicity tort laws reportedly protect a celebrity's name, portrait, and voice from unauthorized use by third parties. The New York case Roberson v. Rochester Folding Box Co. is also mentioned.


The Worst Form Of Championship, Except For All Of The Others That Have Been Tried: Analyzing The Potential Anti-Trust Vulnerability Of The Bowl Championship Series, David L. Ricci Jan 2012

The Worst Form Of Championship, Except For All Of The Others That Have Been Tried: Analyzing The Potential Anti-Trust Vulnerability Of The Bowl Championship Series, David L. Ricci

Jeffrey S. Moorad Sports Law Journal

The article discusses the U.S. college football Bowl Championship Series (BCS) as of September 2012, focusing on the potential anti-trust implications of the National Collegiate Athletic Association's (NCAA) BCS system of individual bowl games, as well as several calls for the NCAA to implement a traditional playoff system for determining a national champion. The possibility of a successful Sherman Anti-Trust Act lawsuit against the NCAA is also addressed.


Penalty On The Field: Creating A Ncaa Sexual Assault Policy, Trisha Ananiades Jan 2012

Penalty On The Field: Creating A Ncaa Sexual Assault Policy, Trisha Ananiades

Jeffrey S. Moorad Sports Law Journal

The article discusses a call for the National Collegiate Athletic Association's (NCAA) creation of a sexual assault policy in the wake of several on-campus incidents involving student-athletes at institutions such as Marquette University, Colorado State University, and Louisiana State University. It states that the NCAA should implement a rule in 2012 which would allow them to revoke the eligibility of any student-athlete who is found to be responsible for committing a sexual assault.


Driving Americans' Perception Of Recreation: Awaiting The Park Service's Long-Term Solution To Access In Yellowstone National Park, Thomas M. Duncan Jan 2012

Driving Americans' Perception Of Recreation: Awaiting The Park Service's Long-Term Solution To Access In Yellowstone National Park, Thomas M. Duncan

Jeffrey S. Moorad Sports Law Journal

The article discusses recreation activities in the U.S. Park Service (USPS) system and the USPS' policies regarding snowmobile access in Yellowstone National Park as of September 2012. The author argues that the U.S. government, in its interpretation of the National Park Service Organic Act, is risking the loss of Yellowstone National Park's natural resources. The competing interests of recreational enthusiasts and preservationists are examined.


To Catch An Art Thief: Using International And Domestic Laws To Paint Fraudulent Art Dealers Into A Corner, Amber J. Slattery Jan 2012

To Catch An Art Thief: Using International And Domestic Laws To Paint Fraudulent Art Dealers Into A Corner, Amber J. Slattery

Jeffrey S. Moorad Sports Law Journal

The article discusses the use of international and domestic laws to capture suspected art thieves as of September 2012. International treaties reportedly impose criminal charges for the theft and trafficking of cultural properties such as works of art. The author argues that foreign nations should look to the U.S. as an example of how to successfully prosecute art thieves and corrupt art dealers under domestic fraud laws.


This Is Hardcore: Why The Court Should Have Granted A Writ Of Mandamus Compelling Mandatory Condom Use To Decrease Transmission Of Hiv And Stds In The Adult Film Industry, Tara M. Allport Jan 2012

This Is Hardcore: Why The Court Should Have Granted A Writ Of Mandamus Compelling Mandatory Condom Use To Decrease Transmission Of Hiv And Stds In The Adult Film Industry, Tara M. Allport

Jeffrey S. Moorad Sports Law Journal

The article discusses the U.S. adult film industry as of September 2012, focusing on a call for the courts to issue a writ of mandamus requiring the industry to force film participants to use condoms to prevent the transmission of HIV and other sexually-transmitted diseases. The author argues that the Los Angeles County Department of Public Health abused its discretion as a government agency by failing to protect the health of adult film industry participants such as actor Derrick Burts.


Stealing Home In Hollywood: Why The Takeover Of The Los Angeles Dodgers Illustrates The Unjust Nature Of Major League Baseball's Antitrust Exemption, John W. Polonis Jan 2012

Stealing Home In Hollywood: Why The Takeover Of The Los Angeles Dodgers Illustrates The Unjust Nature Of Major League Baseball's Antitrust Exemption, John W. Polonis

Jeffrey S. Moorad Sports Law Journal

The article discusses Major League Baseball's (MLB) takeover of the Los Angeles Dodgers baseball team from owner Frank McCourt following his divorce from his wife Jamie, as well as MLB's alleged unjust antitrust exemption as of September 2012. The author argues that McCourt could have challenged the anti-competitive takeover practices of MLB and its commissioner Bud Selig since McCourt's attempt to broker a television deal with Fox Sports did not break any of MLB's rules.