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Articles 1 - 10 of 10
Full-Text Articles in Law
Targeted Reform Of Commercialized Intercollegiate Athletics, Matt Mitten, Jim Musselman, Bruce Burton
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 Ncaa’S Lost Cause And The Legal Ease Of Redefining Amateurism, Virginia A. Fitt
The Ncaa’S Lost Cause And The Legal Ease Of Redefining Amateurism, Virginia A. Fitt
Duke Law Journal
The recent resolution of the Andrew Oliver case may mark the death throes of the NCAA's no-agent rule, prohibiting college athletes from retaining agents in professional contract negotiations, and perhaps the traditional paradigm of amateurism in sport. In light of the trial court's ruling, as well as continuing calls for the revocation of the NCAA's tax-exempt status, the time is ripe for a reexamination of amateurism and the law. This Note argues that the NCAA has developed a complicated web of largely unenforceable rules and regulations that are unnecessary to maintain tax-exempt status in light of the regulatory environment. This …
Success, Dominance, And Interoperability, Alan Devlin, Michael Jacobs, Bruno Peixoto
Success, Dominance, And Interoperability, Alan Devlin, Michael Jacobs, Bruno Peixoto
Indiana Law Journal
In September 2007, the European Court of First Instance (CFI) ruled that Microsoft violated the European Union's competition law by failing to provide certain of its rivals with proprietary computer protocols that would have enabled them to make their products fully "interoperable" with Microsoft's dominant operating system. In the process, the court suggested that an owner of certain kinds of dominant intellectual property is obliged to share its property with rivals to the extent necessary to allow those rivals to compete "viably" with the dominant firm. Thus, in theory, should protocol sharing fail to achieve the requisite degree of "viability, …
Expanding Definition Of Monopoly Leveraging, Eun K. Chang
Expanding Definition Of Monopoly Leveraging, Eun K. Chang
University of Miami Business Law Review
No abstract provided.
The United States As Global Cop: Defining The 'Substantial Effects' Test In U.S. Antitrust Enforcement In The Americas And Abroad, Jordan A. Dresnick, Kimberley A. Piro, Israel J. Encinosa
The United States As Global Cop: Defining The 'Substantial Effects' Test In U.S. Antitrust Enforcement In The Americas And Abroad, Jordan A. Dresnick, Kimberley A. Piro, Israel J. Encinosa
University of Miami Inter-American Law Review
No abstract provided.
The Gary Dinners And The Meaning Of Concerted Action, William H. Page
The Gary Dinners And The Meaning Of Concerted Action, William H. Page
UF Law Faculty Publications
Between 1907 and 1911, executives of American steel manufacturers gathered in a series of social events and meetings that became known as the Gary dinners. Their founder, Judge Elbert H. Gary, chairman of the board of the United States Steel Corporation (U.S. Steel), believed the dinners were a lawful way to stabilize steel prices by enabling manufacturers to tell each other "frankly and freely what they were doing, how much business they were doing, what prices they were charging, how much wages they were paying their men, and... all information concerning their business." The government agreed that the dinners stabilized …
Judgment-Sharing Agreements, Christopher R. Leslie
Judgment-Sharing Agreements, Christopher R. Leslie
Duke Law Journal
Antitrust law condemns price-fixing cartels and seeks to encourage private suits against the conspirators by automatically trebling antitrust damages and by providing for joint and several liability. Because the Supreme Court has held that there is no right to contribution among antitrust violators, this creates the risk of a single defendant being saddled with damages significantly greater than three times the amount of the harm associated with that firm's own market share. Firms engaged in-or accused of-price fixing often try to ameliorate this risk by entering into judgment-sharing agreements, which essentially create a right to contribution through contract. Despite their …
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.
Regulating Interoperability: Lessons From At&T, Microsoft, And Beyond, Philip J. Weiser
Regulating Interoperability: Lessons From At&T, Microsoft, And Beyond, Philip J. Weiser
Publications
Antitrust law confronted the challenges of regulating interoperability between platforms and applications in both the AT&T and Microsoft cases, but it has yet to mine the series of lessons that can inform how to address this challenge going forward. With the Microsoft consent decree still in place, it may too soon to render a final judgment on the remedy adopted in that case as well as to evaluate more generally whether antitrust law is up to the task of developing the institutional strategies - be it the use of technical committees or reliance on standard setting bodies - for addressing …
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
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.