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Penn State Dickinson Law

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Articles 31 - 37 of 37

Full-Text Articles in Entertainment, Arts, and Sports Law

Reconsidering Flood V. Kuhn, Stephen F. Ross Jan 1995

Reconsidering Flood V. Kuhn, Stephen F. Ross

Faculty Scholarship

Within the academia, two very different groups of legal scholars have devoted a great deal of attention to Flood v. Kuhn. Those specializing in sports law have either attached Flood as a ridiculous decision that improperly distinguished between baseball and other professional sports, or have praised it for waging guerrilla warfare on the idea that Section 1 of the Sherman Act should apply to intra-league arrangements by owners of the professional sports teams. Those viewing Flood through the lens of statutory interpretation perceive the decision as adhering rigidly to the principle of stare decisis; this rigidity has been …


Rededication Panel Discussion On Gender Equality And Intercollegiate Athletics, Stephen F. Ross, Karol Kahrs, Fred Heinrich Jan 1995

Rededication Panel Discussion On Gender Equality And Intercollegiate Athletics, Stephen F. Ross, Karol Kahrs, Fred Heinrich

Faculty Scholarship

This article is a transcript of a panel discussion in which Professor Stephen F. Ross, Associate Athletic Director Karol Kahrs, and Fred Heinrich participated entitled "Sports and the Law," at the Rededication of the University of Illinois College of Law. The panel discussion centered on the issue of gender equity in intercollegiate athletics. Title IX of the Education Amendments Act requires institutions receiving federal funding to provide equal educational opportunity for students regardless of gender. The panel discussion focused on the impact of Title IX and the University of Illinois's efforts to comply with the requirements.


Global Politics And The Olympic Games: Separating The Two Oldest Games In History, Joanne D. Spotts Sep 1994

Global Politics And The Olympic Games: Separating The Two Oldest Games In History, Joanne D. Spotts

Penn State International Law Review (1982 - 2011)

No abstract provided.


Autocephalous Greek Orthodox Church Of Cyprus V. Goldberg And Feldman Fine Arts, Inc.: A Case For The Use Of Civil Remedies In Effecting The Return Of Stolen Art, Meredith Van Pelt Jan 1990

Autocephalous Greek Orthodox Church Of Cyprus V. Goldberg And Feldman Fine Arts, Inc.: A Case For The Use Of Civil Remedies In Effecting The Return Of Stolen Art, Meredith Van Pelt

Penn State International Law Review (1982 - 2011)

This Comment will explore the remedies currently available to foreign countries and to individuals who have discovered that works stolen from them are in the possession of American museums, art dealers, and private individuals. It will also explain why, in light of the recent decision of Autocephalous v. Goldberg, civil sanctions are the best means to effect the return of stolen art as well as to help deter future buyers of stolen art, thus shrinking the stolen art market.


An Antitrust Analysis Of Sports League Contracts With Cable Networks, Stephen F. Ross Jan 1990

An Antitrust Analysis Of Sports League Contracts With Cable Networks, Stephen F. Ross

Faculty Scholarship

This Article discusses the proper antitrust treatment of package sales to cable. Part I considers whether the antitrust laws apply at all to such sales; it concludes that section one of the Sherman Act does apply and that neither the Sports Broadcasting Act of 1961 not baseball's historic exemption from the antitrust laws prevents antitrust scrutiny of these contracts. Part II explains why cable package sales should be analyzed under a rule of reason test focused on the effect of a sale on fan viewership. Finally, Part III responds to several possible objections to the rule of reason standard proposed …


Monopoly Sports Leagues, Stephen F. Ross Jan 1989

Monopoly Sports Leagues, Stephen F. Ross

Faculty Scholarship

This Article argues that the government should break up both Major League Baseball and the NFL to provide for competing economic entities in each sport. Part I details the harm monopoly sports leagues cause in several different markets and explains why a competitive league structure can correct such harms. Part II discusses why regulatory solutions are poor substitutes for competition as a means of redressing these harms. Part III explains why neither baseball nor football is a "natural monopoly" and argues that no persuasive evidence suggests that rival leagues cannot exist in those sports. Part IV examines how the antitrust …


International Sports: Have States Succeeded Athletes As The Players?, Barbara Ann O'Neill Jan 1988

International Sports: Have States Succeeded Athletes As The Players?, Barbara Ann O'Neill

Penn State International Law Review (1982 - 2011)

Could the 1972 Munich Olympic tragedy occur again during the 1988 Seoul Summer Games? This Comment examines the role of nationalism within the Olympic Games and the International Olympic system and discusses the movment away from individual Olympic achievement. The Comment concludes that participating nations must rededicate their current international athletic policy to the ideals of the original Olympic tradition.