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

Law Commons

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

Articles 1 - 9 of 9

Full-Text Articles in Law

The Field Is Our Field: Foreign Players, Domestic Leagues, And The Unlawful Racial Manipulation Of American Sport, N. Jeremi Duru Jan 2010

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

N. Jeremi Duru

Introduction: During the last several decades, international athletes' presence in professional American sports has reached unprecedented levels. Not all premier professional American sports leagues, however, accommodate internationalization to the same extent. While the National Football League (NFL), the National Hockey League (NHL), the National Basketball Association (NBA), and Major League Baseball (MLB) do not impose limits on international entrants into their leagues, Major League Soccer (MLS) does. Under a policy established at the league's founding in 1996 (the MILS Policy or the Policy), no MLS team may stock its twenty-person senior roster with any more than eight international players.


"Sports Image And The Law" Presented At The International Sport Law & Business Conference, That Took Place In Instanbul, 6-7 September 2010, Marios Papaloukas Jan 2010

"Sports Image And The Law" Presented At The International Sport Law & Business Conference, That Took Place In Instanbul, 6-7 September 2010, Marios Papaloukas

Marios Papaloukas

In the context of what is called the new media environment, the term “sports image” is used meaning the athlete’s right to their own image as well as the right to exploit commercially a sports event. Under Greek law sports events are not recognised as original intellectual products, so they are not protected under the Law on Intellectual Property. Individuals (sportsmen) producing the sports event, are not aware of the result, i.e. its final form. The elements of competition and improvisation combined with physical contact are enough to guarantee a different result every time, no matter how many times the …


The Sporting Exemption In European Case Law, Marios Papaloukas Jan 2010

The Sporting Exemption In European Case Law, Marios Papaloukas

Marios Papaloukas

In the early nineties, when the “Bosman” case arose, sports authorities were faced with a great challenge. The widely accepted autonomy and self-regulation of the sports sector was at stake. If sports were to be treated as just another economic activity without exceptions and if its specific characteristics were not recognised, the whole athletic establishment would be endangered. Since then there were many efforts both from member states and from sports entities in order to establish the so called “sporting exemption” on a political level as well as before the European Court of Justice (henceforth ECJ). The “Olympique Lyonnais” case …


Competition Rules And Sports Broadcasting Rights In Europe, Marios Papaloukas Jan 2010

Competition Rules And Sports Broadcasting Rights In Europe, Marios Papaloukas

Marios Papaloukas

Sports broadcasting is among the most popular of television programmes. The viewers watching such programmes are usually the ones with the highest purchase capacity, therefore the audience is of particular interest to publicists, as it is considered a very special audience not easily attracted by other programmes. As a result, the competition on publicity transmission during these programmes as well as on acquiring TV broadcasting rights to sports events is much higher. However Sports television broadcasting is of a very individual nature in comparison with the broadcast of other events. In addition to that it is a common practice that …


Sports Betting And European Law, Marios Papaloukas Jan 2010

Sports Betting And European Law, Marios Papaloukas

Marios Papaloukas

As early as 1992 the European Court of Justice ruled that the principle of proportionality will apply in order to examine whether a restrictive measure, imposed by a member state in order to regulate gambling, is valid. As a result member states monopolies and oligopolies concerning gambling and sports betting will have to comply with these new developments.


Competition Rules And Sports Broadcasting Rights In Europe, Marios Papaloukas Jan 2010

Competition Rules And Sports Broadcasting Rights In Europe, Marios Papaloukas

Marios Papaloukas

Sports broadcasting is among the most popular of television programmes. The viewers watching such programmes are usually the ones with the highest purchase capacity, therefore the audience is of particular interest to publicists, as it is considered a very special audience not easily attracted by other programmes. As a result, the competition on publicity transmission during these programmes as well as on acquiring TV broadcasting rights to sports events is much higher. However Sports television broadcasting is of a very individual nature in comparison with the broadcast of other events. In addition to that it is a common practice that …


Sports Betting And European Law, Marios Papaloukas Jan 2010

Sports Betting And European Law, Marios Papaloukas

Marios Papaloukas

As early as 1992 the European Court of Justice ruled that the principle of proportionality will apply in order to examine whether a restrictive measure, imposed by a member state in order to regulate gambling, is valid. As a result member states monopolies and oligopolies concerning gambling and sports betting will have to comply with these new developments.


Entertainment Law - The Specter Of Malpractice Claims And Disciplinary Actions, John Sahl Jan 2010

Entertainment Law - The Specter Of Malpractice Claims And Disciplinary Actions, John Sahl

John Sahl

There is significant risk today that lawyers will become the target of a disciplinary or legal malpractice action, especially given the complexity of the law and advances in technology that reduce the amount of time that lawyers have to reflect about client matters. This risk is heightened by the increased competition in the bar to deliver legal services in a cost-effective manner, the sophistication of clients who expect competent, efficient and reasonably priced services, and the litigious nature of consumers. The risk is further exacerbated by the ever-changing methods and rules for electronic communication and the storage of information. The …


Anatomy Of The First Public International Sports Arbitration And The Future Of Public Arbitration After Usada V. Floyd Landis, Maureen A. Weston Prof. Dec 2009

Anatomy Of The First Public International Sports Arbitration And The Future Of Public Arbitration After Usada V. Floyd Landis, Maureen A. Weston Prof.

Maureen A Weston

Mere weeks after American professional cyclist Floyd Landis seemingly won the 2006 Tour de France, the United States Anti-Doping Association (USADA), under the authority granted to it by the U.S. Congress, and through its enforcement of the World Anti-Doping Code (WADC), accused him of having committed doping violations during the race. Landis vehemently denied these allegations, and accused the French laboratory that had performed the testing of his post-race samples, the Laboratoire National du Depistage du Dopage (LNDD), of bias and misconduct in his case.

Under USADA rules, an American athlete accused of doping may request an arbitration hearing before …