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Pay To Play: Looking Beyond Direct Compensation And Towards Paying College Athletes For Themselves, Luke Tepen Jan 2021

Pay To Play: Looking Beyond Direct Compensation And Towards Paying College Athletes For Themselves, Luke Tepen

Washington University Journal of Law & Policy

The NCAA prohibits its athletes from profiting from their athleticism while playing in the league. As public support for this policy dwindles, the NCAA must respond. This Note analyzes the policy’s history and the potential constitutional challenge the NCAA could bring against the California law. Tepen urges the NCAA to act swiftly before it is constrained by each state’s own patch-work regulatory framework. By adopting California’s Fair Pay to Play Act, the NCAA can gain control before the government forces its hand. Tepen argues this proposal will best serve the interests of athletes, the NCAA, and fans ...


College Athletes In Revenue-Generating Sports As Employees: A Look Into The Alt-Labor Future, Roberto L. Corrada Sep 2020

College Athletes In Revenue-Generating Sports As Employees: A Look Into The Alt-Labor Future, Roberto L. Corrada

Chicago-Kent Law Review

No abstract provided.


Good Initiative, Bad Judgement: The Unintended Consequences Of Title Ix's Proportionality Standard On Ncaa Men's Gymnastics And The Transgender Athlete, Jeffrey Shearer Jun 2020

Good Initiative, Bad Judgement: The Unintended Consequences Of Title Ix's Proportionality Standard On Ncaa Men's Gymnastics And The Transgender Athlete, Jeffrey Shearer

Pace Intellectual Property, Sports & Entertainment Law Forum

Title IX fails to provide the tools or guidelines necessary to equalize opportunities for all student athletes in the collegiate setting despite the government’s continuous effort to explain the law. This failure is because judicial precedent has largely developed around the binary proportionality test of compliance. Title IX was originally intended to equalize educational opportunities for male and female students in order to remedy past discrimination in our society. However, the application of Title IX has frequently created fewer opportunities in athletics due to the unintended relationship between the proportionality standard and the social phenomenon that is the commercialization ...


The Ncaa's Special Relationship With Student-Athletes As A Theory Of Liability For Concussion-Related Injuries, Tezira Abe Apr 2020

The Ncaa's Special Relationship With Student-Athletes As A Theory Of Liability For Concussion-Related Injuries, Tezira Abe

Michigan Law Review

The National Collegiate Athletic Association (NCAA) is the primary governing body of college athletics. Although the NCAA proclaims to protect student-athletes, an examination of its practices suggests that the organization has a troubling history of ignoring the harmful effects of concussions. Over one hundred years after the NCAA was established, and seventy years after the NCAA itself knew of the potential effects of concussions, the organization has done little to reduce the occurrence of concussions or to alleviate the potential effects that stem from repeated hits to the head. This Note argues for recognizing a special relationship between the NCAA ...


Massachusetts At The Forefront: How To Protect The Most Vulnerable Group In A Post-Legal Sports Betting World—Ncaa Student-Athletes, Dave Wilson Feb 2020

Massachusetts At The Forefront: How To Protect The Most Vulnerable Group In A Post-Legal Sports Betting World—Ncaa Student-Athletes, Dave Wilson

University of Massachusetts Law Review

Change is coming to sports gambling in the United States. No longer is it restricted to Nevada casinos or your “friendly” neighborhood sports bookie. The individual states have spoken, with state after state passing legislation authorizing legalized sports betting. It is clear that there is an appetite for legal sports gambling in this country. But how did we get here? And what will the ramifications be? This Note first analyzes the keystone sports gambling case, Murphy v. NCAA, and its impact on the destruction of the Professional and Amateur Sports Protection Act, which was commonly viewed as a federal ban ...


The Blue Devil's In The Details: How A Free Market Approach To Compensating College Athletes Would Work, David A. Grenardo Apr 2019

The Blue Devil's In The Details: How A Free Market Approach To Compensating College Athletes Would Work, David A. Grenardo

Pepperdine Law Review

Everyone involved in the business of major college athletics, except the athletes, receives compensation based on a free market system. The National Collegiate Athletic Association’s (NCAA) cap on athlete compensation violates antitrust law, and athletes should be allowed to earn their free market value as everyone else does in this country. This Article provides a detailed approach to compensating college athletes under a free market model, which includes a salary cap, the terms of a proposed standard player’s contract, a discussion of who can represent players, and payment simulations for football and basketball teams. A free market approach ...


Hazing In High School Athletics: An Analysis Of Victims, Gregory S. Parks, Nicolette Delorenzo Jan 2019

Hazing In High School Athletics: An Analysis Of Victims, Gregory S. Parks, Nicolette Delorenzo

Marquette Sports Law Review

None


You Play Ball Like A Girl: Cultural Implications Of The Contact Sports Exemption And Why It Needs To Be Changed, Michelle Margaret Smith May 2018

You Play Ball Like A Girl: Cultural Implications Of The Contact Sports Exemption And Why It Needs To Be Changed, Michelle Margaret Smith

Cleveland State Law Review

Women in the United States have historically earned significantly less income per year compared to their male counterparts. In 2014, the pay discrepancy was at its lowest point with women earning seventy-nine cents per every dollar men earned. This discrepancy exists even though women now attain college degrees at a higher rate than men and make up 47% of the labor force. In sports, the pay discrepancy is even greater. At the professional level, women earn as little as 1.2% of what their male counterparts earn. This Note addresses how changing the contact sports exemption in Title IX to ...


Fairness At A Price: Protecting The Integrity Of Athletic Competitions At The Expense Of Female Athletes, Annie Bach Yen Nguyen Feb 2018

Fairness At A Price: Protecting The Integrity Of Athletic Competitions At The Expense Of Female Athletes, Annie Bach Yen Nguyen

Notre Dame Journal of International & Comparative Law

Ever since women were allowed to compete in the Olympics, they have been subjected to some form of gender verification. Initially, the International Olympic Committee (IOC) and International Amateur Athletic Federation (IAAF) required female athletes to present certificates from their doctors confirming that they were in fact women. In 1966, the IOC and the IAAF “decided they couldn’t trust individual nations to certify femininity, and instead implemented a mandatory genital check of every woman competing at international games.” This process was dubbed the “nude parades”. In response to the overwhelming disapproval of such examination, the IOC and IAAF began ...


Fourth & Inches: Marking The Line Of Athletes’ Free Speech (A Colin Kaepernick Inspired Discussion), Ryan J. Mcginty Jan 2018

Fourth & Inches: Marking The Line Of Athletes’ Free Speech (A Colin Kaepernick Inspired Discussion), Ryan J. Mcginty

Pace Intellectual Property, Sports & Entertainment Law Forum

This note addresses the ongoing controversial stance that was ignited when Colin Kaepernick refused to stand for the playing of the national anthem in protest of what he deems are wrongdoings against African Americans and minorities in the United States. The scope of this note does not surround Kaepernick himself, but rather the professional NFL football player in general. Specifically, players are entitled to the full rights of free expression and free speech as human beings and public figures, up and until the line where that right is abused on the field or “on the job,” thereby threatening an increase ...


Sentencing Through The Media: How The Media Can Help Strengthen Legal Sanctions Against Sexual Assault By College Athletes, Samantha C. Huddleston Jan 2018

Sentencing Through The Media: How The Media Can Help Strengthen Legal Sanctions Against Sexual Assault By College Athletes, Samantha C. Huddleston

Marquette Sports Law Review

None


The Need For Strict Morality Clauses In Endorsement Contracts, Caysee Kamenetsky Jun 2017

The Need For Strict Morality Clauses In Endorsement Contracts, Caysee Kamenetsky

Pace Intellectual Property, Sports & Entertainment Law Forum

The increasing significance of morality clauses seems to directly correlate with the increase of social media platforms and avenues to live-stream events, including but not limited to Facebook, Snapchat, Instagram, and Twitter. News of an athlete’s behavior can go viral in a matter of seconds. This leads company brands to seek broader terms in their morality clauses to allow them to disassociate themselves from the athlete. However, this is not always fair to the athlete, who might not have any idea that their personal-life choices could lead to the end of an endorsement contract.


Nba-Age Restrictions: Should The Nba Follow In The Footsteps Of Major League Baseball?, Bryan Kelly Jun 2017

Nba-Age Restrictions: Should The Nba Follow In The Footsteps Of Major League Baseball?, Bryan Kelly

Pace Intellectual Property, Sports & Entertainment Law Forum

This paper will discuss the outlook of current NBA prospects and the development of age restrictions. It will also shed light on several key cases and Collective Bargaining Agreements including: Wood v. National Basketball Association, and Denver Rockets v. All Pro Management, Inc. and the NBA CBA. After that, an analysis of Sherman Antitrust Law and current case law concerning age restrictions in sports, and analyze the possibility for age-restrictions to be argued through the court system. Finally, this paper will look into the NBPA’s duty of representation towards NBA prospects and how the NBPA can take ideas from ...


Modifying Amateurism: A Performance-Based Solution To Compensating Student–Athletes For Licensing Their Names, Images, And Likenesses, Chaz Gross Apr 2017

Modifying Amateurism: A Performance-Based Solution To Compensating Student–Athletes For Licensing Their Names, Images, And Likenesses, Chaz Gross

Chicago-Kent Journal of Intellectual Property

Amateurism is evolving and the NCAA is paying for it. With the NCAA’s focus set on preserving amateurism, it prohibited student–athlete compensation for any activity related to sports. However, college athletics are a lucrative business that generates its primary revenue from licensing Division I men’s basketball and FBS football players’ names, images, and likenesses. After years of criticism for its rules and regulations, the NCAA faced antitrust scrutiny from both former and current student–athletes. In 2015, the U.S. Court of Appeals for the Ninth Circuit held that the NCAA’s restrictions on student–athlete compensation ...


Tinkering With Success: College Athletes, Social Media And The First Amendment, Mary Margaret Meg Penrose May 2015

Tinkering With Success: College Athletes, Social Media And The First Amendment, Mary Margaret Meg Penrose

Pace Law Review

Good law does not always make good policy. This article seeks to provide a legal assessment, not a policy directive. The policy choices made by individual institutions and athletic departments should be guided by law, but absolutely left to institutional discretion. Many articles written on college student-athletes’ social media usage attempt to urge policy directives clothed in constitutional analysis.

In this author’s opinion, these articles have lost perspective – constitutional perspective. This article seeks primarily to provide a legal and constitutional assessment so that schools and their athletic departments will have ample information to then make their own policy choices.


The Role Of Athlete-Agents And The Law: A Conflict Of Interest?, Justin Park Apr 2015

The Role Of Athlete-Agents And The Law: A Conflict Of Interest?, Justin Park

Brigham Young University Prelaw Review

No abstract provided.


Video Games And Ncaa Athletes: Resolving A Modern Threat To The First Amendment, Alex Vlisides Jan 2015

Video Games And Ncaa Athletes: Resolving A Modern Threat To The First Amendment, Alex Vlisides

University of Baltimore Law Review

In 2013, two U.S. Courts of Appeals ruled that NCAA athletes could maintain right of publicity claims against a video game maker for use of their likeness. These decisions in favor of sympathetic plaintiffs reveal the threat that current right of publicity doctrine poses to First Amendment rights. The right of publicity tests applied by lower courts conflict with both the Supreme Court precedent and the theoretical foundations of the doctrine. This article reviews and rejects this test, ultimately proposing a new test. This two-tiered right of publicity test better protects the values of right of publicity while protecting ...


Personal Service Versus Royalty Income For Athletes, Chanpheareak (Luis) Chim May 2014

Personal Service Versus Royalty Income For Athletes, Chanpheareak (Luis) Chim

The Contemporary Tax Journal

No abstract provided.


I’M The One Making The Money, Now Where’S My Cut? Revisiting The Student-Athlete As An “Employee” Under The National Labor Relations Act, John J. Leppler Mar 2014

I’M The One Making The Money, Now Where’S My Cut? Revisiting The Student-Athlete As An “Employee” Under The National Labor Relations Act, John J. Leppler

Pace Intellectual Property, Sports & Entertainment Law Forum

This Article argues why the National Collegiate Athletic Association’s (NCAA) Big-Time Division I College Football and Men’s Basketball student-athletes are legally “employees” and why these student-athletes are inadequately compensated for their revenue-producing skills.

Part II of this Article sets forth the common law “right of control” test and the National Labor Relation Act’s (NLRA) special statutory test for students in a university setting, and shows how the National Labor Relations Board (NLRB) and the judiciary determine whether a particular person, specifically a university student, meets these standards and is legally an “employee”. Moreover, the NCAA asserts it ...


Michael Sam And The Nfl Locker Room: How Masculinities Theory Explains The Way We View Gay Athletes, Lisa A. Mazzie Jan 2014

Michael Sam And The Nfl Locker Room: How Masculinities Theory Explains The Way We View Gay Athletes, Lisa A. Mazzie

Marquette Sports Law Review

No abstract provided.


Fumbling The First Amendment: The Right Of Publicity Goes 2-0 Against Freedom Of Expression, Thomas E. Kadri Jan 2014

Fumbling The First Amendment: The Right Of Publicity Goes 2-0 Against Freedom Of Expression, Thomas E. Kadri

Michigan Law Review

Two circuits in one summer found in favor of college athletes in right-of-publicity suits filed against the makers of the NCAA Football videogame. Both panels split 2–1; both applied the transformative use test; both dissenters predicted chilling consequences. By insisting that the likeness of each player be “transformed,” the Third and Ninth Circuits employed a test that imperils the use of realistic depictions of public figures in expressive works. This standard could have frosty implications for artists in a range of media: docudramas, biographies, and works of historical fiction may be at risk. This Comment examines the tension between ...


Gambling Behaviors Of Former Athletes: The Delayed Competitive Effect, Stephen M. Weiss, Sherri L. Loubier Dec 2012

Gambling Behaviors Of Former Athletes: The Delayed Competitive Effect, Stephen M. Weiss, Sherri L. Loubier

UNLV Gaming Research & Review Journal

Gambling behaviors in current athletes, former athletes and non-athletes were examined. Gambling tendencies were determined from participants' responses on the South Oaks Gambling Screen (SOGS). A delayed competitive effect among athletes that might surface in the form of pathological gambling was investigated. To test this novel theory, participants were divided into three groups: athletes who are currently playing sports, former athletes who used to play competitive sports and non-athletes who have never participated in competitive sporting events. A 2 x 3 independent groups AN OVA was utilized comparing SOGS scores across gender and athletic status. The mean score for former ...


Utility Of Personal Service Corporations For Athletes, Bret M. Kanis Nov 2012

Utility Of Personal Service Corporations For Athletes, Bret M. Kanis

Pepperdine Law Review

No abstract provided.


Social Media In Sports: Can Professional Sports League Commissioners Punish 'Twackle Dummies'?, Daniel J. Friedman Apr 2012

Social Media In Sports: Can Professional Sports League Commissioners Punish 'Twackle Dummies'?, Daniel J. Friedman

Pace Intellectual Property, Sports & Entertainment Law Forum

Daniel J. Friedman writes an article discussing the rise and popularity in social media use by professional athletes. He then discusses some of the new problems that have arisen due to social media misuse and the power of the Commissioner to restrict and punish the players for misuse. The article culminates with a case study hypothetical related to content based social media misuse and whether the Commissioners of professional sports league can punish a player for the content of their social media messages.


Ed O’Bannon V. Ncaa: Do Former Ncaa Athletes Have A Case Against The Ncaa For Its Use Of Their Likenesses?, William D. Holthaus Jr. Jan 2010

Ed O’Bannon V. Ncaa: Do Former Ncaa Athletes Have A Case Against The Ncaa For Its Use Of Their Likenesses?, William D. Holthaus Jr.

Saint Louis University Law Journal

No abstract provided.


Young Athletes At Risk: Preventing And Managing Consequences Of Sports Concussions In Young Athletes And The Related Legal Issues, Marie-France Wilson Jan 2010

Young Athletes At Risk: Preventing And Managing Consequences Of Sports Concussions In Young Athletes And The Related Legal Issues, Marie-France Wilson

Marquette Sports Law Review

No abstract provided.


Tinker Takes The Field: Do Student Athletes Shed Their Constitutional Rights At The Locker Room Gate?, Noel Johnson Jan 2010

Tinker Takes The Field: Do Student Athletes Shed Their Constitutional Rights At The Locker Room Gate?, Noel Johnson

Marquette Sports Law Review

No abstract provided.


Whose Right Is It Anyway?: How Recent Cases And Controversies Have Blurred The Lines Between First Amendment Protection And An Athlete's Right Of Publicity, Scott R. Chandler Jan 2010

Whose Right Is It Anyway?: How Recent Cases And Controversies Have Blurred The Lines Between First Amendment Protection And An Athlete's Right Of Publicity, Scott R. Chandler

Marquette Sports Law Review

No abstract provided.


140 Characters Or Less: Maintaining Privacy And Publicity In The Age Of Social Networking, Lauren Mccoy Jan 2010

140 Characters Or Less: Maintaining Privacy And Publicity In The Age Of Social Networking, Lauren Mccoy

Marquette Sports Law Review

No abstract provided.


It's My Name And My Name Alone: How Chad Ocho Cinco Affects The Right Of Publicity, Jessica K. Baranko Jan 2010

It's My Name And My Name Alone: How Chad Ocho Cinco Affects The Right Of Publicity, Jessica K. Baranko

Marquette Sports Law Review

No abstract provided.