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Full-Text Articles in Law

Reevaluating Amateurism Standards In Men's College Basketball, Marc Edelman Jun 2002

Reevaluating Amateurism Standards In Men's College Basketball, Marc Edelman

University of Michigan Journal of Law Reform

This Note argues that courts should interpret NCAA conduct under the Principle of Amateurism as a violation of§ 1 of the Sherman Antitrust Act and that courts should order NCAA deregulation of student-athletes' indirect financial activities. Part I of this Note discusses the history of NCAA regulation, specifically its Principle of Amateurism. Part II discusses the current impact of antitrust laws on the NCAA. Part III argues that the NCAA violates antitrust laws because the Principle of Amateurism's overall effect is anticompetitive. Part IV argues the NCAA could institute an amateurism standard with a net pro-competitive effect by allowing student-athletes …


Restructuring Professional Sports Leagues , Martin Edel, Jamin Dershowitz, Jeffrey Kessler, Tandy O'Donoghue Mar 2002

Restructuring Professional Sports Leagues , Martin Edel, Jamin Dershowitz, Jeffrey Kessler, Tandy O'Donoghue

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Start-Up Sports Leagues: Why These Leagues Are Entitled To Use The Ruinous Competition Defense To Justify Anticompetitive Restraints, Marc P. Schwartz* Mar 2002

Start-Up Sports Leagues: Why These Leagues Are Entitled To Use The Ruinous Competition Defense To Justify Anticompetitive Restraints, Marc P. Schwartz*

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Heading Down The Wrong Road?: Why Deregulating Amateurism May Cause Future Legal Problems For The Ncaa, Benjamin A. Menzel Jan 2002

Heading Down The Wrong Road?: Why Deregulating Amateurism May Cause Future Legal Problems For The Ncaa, Benjamin A. Menzel

Marquette Sports Law Review

No abstract provided.


Antitrust Options To Redress Anticompetitive Restraints And Monopolistic Practices By Professional Sports Leagues, Stephen F. Ross Jan 2002

Antitrust Options To Redress Anticompetitive Restraints And Monopolistic Practices By Professional Sports Leagues, Stephen F. Ross

Journal Articles

The hallmark of an antitrust violation is an agreement which has the effect of raising price, lowering output, or rendering output unresponsive to consumer demand. Owners of clubs comprising Major League Baseball, the National Football League, the National Basketball Association, and the National Hockey League engage in a variety of exploitative activities that consumers cannot avoid by substituting rival products. The purpose of this Article is to analyze specific areas where these monopoly sports leagues harm a variety of groups, through the maintenance of a monopolistic structure that precludes competitive entry, or through specific restraints that have demonstrable anticompetitive effects. …


The Recording Industry, Minimum Advertised Pricing Policies And Non-Price Vertical Restraints Of Trade, M. Courtney Mccormick Jan 2002

The Recording Industry, Minimum Advertised Pricing Policies And Non-Price Vertical Restraints Of Trade, M. Courtney Mccormick

Vanderbilt Journal of Entertainment & Technology Law

This Note argues that the recording industry's cooperative advertising programs do not run afoul of federal antitrust laws and, in fact, promote interbrand competition. It examines the implications of the cooperative advertising programs adopted by record companies in light of current federal antitrust law. Contrary to claims made by the FTC, the recording industry's actions can withstand antitrust scrutiny because Minimum Advertised Pricing ("MAP") policies serve pro-competitive business purposes. As will be discussed in further detail below, the recording industry has a legitimate interest in pursuing policies that help traditional music retailers stay in business in the face of crippling …


Shaking Up The Line-Up: Generating Principles For An Electrifying Economic Structure For Major League Baseball, Jason B. Myers Jan 2002

Shaking Up The Line-Up: Generating Principles For An Electrifying Economic Structure For Major League Baseball, Jason B. Myers

Marquette Sports Law Review

No abstract provided.