Entertainment, Arts, and Sports Law Commons^™

Tort Liability For Physical Injuries Allegedly Resulting From Media Speech: A Comprehensive First Amendment Approach , Andrew B. Sims

Faculty Scholarship

No abstract provided.

They Moved Away: Stories Of Location And Relocation, Jo Carrillo

Faculty Scholarship

No abstract provided.

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

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 …

Television And The Quest For Gold: The Unofficial Paper Of The 1984 Olympics, Victor P. Goldberg

Faculty Scholarship

While sitting in front of the tube watching Olympic canoeing (or Greco-Roman water polo, it's all a blur), I began to wonder about why ABC had been granted exclusive rights to televise the Olympics. The owners of the "Olympics" brand name could have sold the television rights in numerous ways. Why did they choose to have a single network provide all the coverage? Further, I mused, how did they get away with it? If the NCAA's football package violates the antitrust laws, how does the Olympic package remain within the law? It struck me that a paper speculating on the …

Indirect Aid To The Arts, Michael O'Hare, Alan L. Feld

Faculty Scholarship

Most government support of arts institutions is indirect—the result of charitable deduction provisions of the federal income tax, property tax exemptions extended by local governments, and other tax provisions. The money that government forgoes through these provisions must be made up by higher taxes for all taxpayers. The public, however, has little say about how these funds are spent. By its very nature, the income tax deduction places the decision-making power over arts institutions in the hands of those with high incomes. Those with high incomes receive a greater tax benefit for each dollar they contribute, increasing the amounts they …

Legal Accountability And The Ncaa, John C. Weistart

Faculty Scholarship

No abstract provided.

Artists, Art Collectors And Income Tax, Alan L. Feld

Faculty Scholarship

The federal income tax law treats artists and art collectors differently. Similar transactions concerning artworks produce disparate income tax results, depending on whether they involve the artist or the collector. On balance, these results seem to favor the collector over the artist. But notwithstanding the dismay of some artists and their advocates, the differences in result flow, in the main, from the differences in the source of the taxpayer's investment in the work.

The collector buys the work with after-tax income. Any gain is properly treated as an investment return and is eligible for capital gain benefits.' The collector, however, …

Antitrust Issues In The Regulation Of College Sports, John C. Weistart

Faculty Scholarship

No abstract provided.

Search And Seizure Of The Media: A Statutory, Fourth Amendment And First Amendment Analysis, James S. Liebman

Faculty Scholarship

On the evening of October 10, 1974, police appeared at radio station KPFK-FM in Los Angeles with a warrant authorizing them to search the premises for a New World Liberation Front (NWLF) "communique" that took credit for a recent bombing. The officers conducted an intensive 8-hour search-combing files, listening to tapes, and looking through reporters' notes – finally concluding that the NWLF letter was not at the station. The KPFK search warrant was one of six that California law enforcement officials have executed at press offices since 1972. The circumstances surrounding the incident illustrate the rationale behind the recent development …