Entertainment, Arts, and Sports Law Commons^™

Black Excellence In The Spotlight: Legal Insights In The Entertainment Industry, Cardozo Entertainment Law Society, Black Law Students Association (Blsa)

2024–2025 Flyers

No abstract provided.

Nil Tampering, Josh Lens

BYU Law Review

The college athletics landscape has experienced several recent dramatic and monumental changes. In 2018, its governing body, the NCAA, implemented the transfer portal to help universities and athletes manage the process by which athletes transfer to another university. In 2021, the NCAA allowed every athlete the freedom to accept compensation in exchange for the use of their name, image, and likeness (“NIL”). Booster collectives quickly formed to facilitate NIL arrangements and now exert significant financial influence in the athlete recruiting and retention process. Tens of thousands of athletes have used the portal since its inception, with many seeking more NIL …

Understanding Golf’S Civil War: An Antitrust Analysis And Discussion, Emma Hackett

BYU Law Review

For years, professional golf has been ruled by the PGA Tour. But in 2022, the PGA Tour’s monarchy started to crack when LIV Golf, a new Saudi-backed golf league, entered the scene and sued the PGA Tour for antitrust violations. Players and fans had to take sides: the legacy of the PGA Tour or the deep pockets of LIV Golf? The lawsuit resulted in a settlement between the entities, but the complaints exposed dealings engaged in by the PGA Tour that this Note argues are violations of the Sherman Act. Beyond illegality of the Tour’s acts, the dispute between LIV …

Scotus At The Bat: Touching Base With Baseball’S Antitrust Exemption, Porter Y. Schenewark

BYU Law Review

In the longstanding debate surrounding Major League Baseball’s exemption from federal antitrust laws, recent legal developments and Supreme Court dynamics call for a reexamination of the Supreme Court’s 1922 Federal Baseball decision. Drawing parallels between the Court’s landmark decision in Dobbs v. Jackson Women’s Health Organization and the potential reconsideration of Baseball’s exemption, this paper explores the factors at play and the implications for the future of the sport.

Through the Court’s framework of five factors as used in Dobbs, the paper evaluates the nature of the Court’s error, the quality of reasoning, workability, effect on other areas of law, …

A Conversation With Sam And Libby Edelman: Legends In The Footwear Industry, Fashion Law Society, Cardozo Fame Center

2024–2025 Flyers

No abstract provided.

A Conversation With Sam And Libby Edelman: Legends In The Footwear Industry, Cardozo Fame Center, Cardozo Fashion Law Society, Barbara Kolsun

2024 Event Invitations

Join Cardozo's FAME Center and the Fashion Law Society as they present fashion industry icons, Sam and Libby Edelman in conversation with FAME Director and Cardozo Professor, Barbara Kolsun. Reception to follow.

Vino & Vignettes, Cardozo Fame Center, Cardozo Art Law Society, Cardozo Wine Society

2024–2025 Flyers

No abstract provided.

Fake Drake? Ai Music Generation Implicates Copyright And The Right Of Publicity, Hope Juzon

Washington Law Review

Artificial intelligence has contributed to music composition since the 1950s. Its contributions evolved from machines that produced simple melodies to programs that generate accurate vocal imitations of singers. Modern artificial intelligence relies on pre-existing—and often copyrighted—songs to create new music, the most common of which include vocal imitations of popular singers. Copyright law in the United States has yet to address how copyright holders’ rights are implicated when artificial intelligence programs are trained on protected works. As a result, these rights holders across disciplines and sectors have filed complaints alleging infringement of their works. While copyright holders await their fate, …

The Liv Golf V. Pga Tour Antitrust Case As A Case Study In Federal Civil Procedure, Michael J. Dube

Dickinson Law Review (2017-Present)

This Article uses LIV Golf Inc. v. PGA Tour, Inc., a sophisticated and headline-grabbing antitrust matter, as a means of instantiating federal civil procedure concepts. The first Part of this Article addresses the unsuccessful motion for a temporary restraining order that in many ways shaped how the litigation proceeded. The second Part examines the dance that is discovery through a focus on a drawn-out dispute regarding a single interrogatory. The final Part drills down on a more novel discovery dispute that began the path towards settlement, namely whether the Foreign Sovereign Immunities Act of 1976 and related common-law doctrine …

Taming The Wild West: Can Order Be Restored To The Collegiate Playing Fields?, Edward D. Cavanagh

Faculty Publications

On May 23, 2024, the NCAA and member conferences entered into a historic settlement to resolve the House case, a class action lawsuit brought on behalf of some 14,000 college athletes seeking damages for lost opportunities to gain financial benefits from their schools' use of their name, image, and likeness ("NIL") due to the NCAA's past denials of NIL compensation from media broadcasts, video games, and third parties. The trial court had certified damage classes consisting of (1) men's football and basketball players; (2) women's basketball players; and (3) other sports. As part of the settlement, defendants agreed to pay …

The Birth Of The Blogosphere, Glenn Harlan Reynolds

Book Chapters

No abstract provided.

Gender According To World Athletics: The Regulation Of Racialized Athletes From The Global South, Maria Dugas

Dalhousie Law Journal

In March 2023, World Athletics, the regulating body for the sport of Athletics introduced The Eligibility Regulations for the Female Classification (Athletes with Differences of Sex Development). These Regulations limit participation in female Athletics events at international competition and to set world records. They require certain athletes to maintain a testosterone threshold below 2.5nmol/L, despite their naturally occurring testosterone levels. On one level, this paper is about gender regulation in sport, particularly regulating testosterone in elite, female athletes. On another level it is about power and privilege at the intersection of race, nationality, and gender. It argues that through its …

What The Warhol Court Got Wrong: Use As An Artist Reference And The Derivative Work Doctrine, Jessica Silbey, Eva Subotnik

Faculty Scholarship

In Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, the Supreme Court conflated “use as an artist reference” with preparing a “derivative work.” It did so on the erroneous assumption that permission to use a copyrighted work as an artist reference is a license to prepare a derivative work. But copyright law does not necessarily deem all uses of references for making new art to be the preparation of a derivative work. In other words, not all adaptations of an original work are infringing. Some may be neither derivative works nor substantially similar copies, and some may …

Transgender Boy Allowed To Try Out For Tennessee High School Boys' Golf Team, Emily J. Houghton, Erica J. Zonder

Human Performance Department Publications

The plaintiff L.E. is a transgender boy who is suing Tennessee Governor Bill Lee along with the individuals employed within the Tennessee Board of Education, and Knox County Board of Education. The lawsuit attempts to challenge SB 228, Gender in Athletics Law which was passed in 2021 in the state of Tennessee and the subsequent revised I-171 policy (L.E. v. Lee, 2021). Under SB 228, students are only allowed to compete in middle school or high school athletics in Tennessee, based on gender assigned at birth or on their birth certificate. SB 228 also dictates that each “local governing body” …

A Contemporary Analysis Of The Competition Between Athlete-Agents In The Nil Era And A Proposed Amendment To The Sports Agent Responsibility And Trust Act (Sparta), Austin Montbriand

Marquette Sports Law Review

No abstract provided.

Table Of Contents

Marquette Sports Law Review

No abstract provided.

Rethinking College Football Grant Of Rights Agreements, Drew Thornley, John T. Holden

Marquette Sports Law Review

No abstract provided.

Name, Image & Likeness: Three Words That Ended Amateurism Under The Ncaa -- And The Unforeseen Tax Consequences, Alan Pogroszewski, Kari Smoker

Marquette Sports Law Review

No abstract provided.

The Image And Likeness Of Women: The Implications Of Title Ix In The Nil Era, Ana Apostoleris Rivera

Marquette Sports Law Review

No abstract provided.

On The Increased Prevalence Of Buyouts In College Athletics, Joshua S. Lacoste

Marquette Sports Law Review

No abstract provided.

Redressing The Eurocentric Approach Of The Court Of Arbitration For Sports To Human Rights Law, Ariel Dulitzky

Marquette Sports Law Review

No abstract provided.

Fairness Or Equality? Participation Of Esports Players With Disabilities In Esports Competition, Tsubasa Shinohara

Marquette Sports Law Review

No abstract provided.

Index: Sports Law In Law Reviews And Journals, Patrick K. Doll

Marquette Sports Law Review

No abstract provided.

Wii Need Clarity: A Proposed Federal Amendment To Trademark Confusion Tests Through The Lens Of Esports And Electronic Word Marks, Patrick K. Doll

Marquette Sports Law Review

No abstract provided.

Where To Turn? The Lack Of Anti-Discriminatory Hiring Policies To Protect Minority Coaches In Collegiate Athletics, Madeline R. Farrell

Marquette Sports Law Review

No abstract provided.

What Are The Odds? A Comment On The Seminole Tribe Of Florida's Ability To Hold Exclusive Gaming Rights In Florida, Samantha Rice

Marquette Sports Law Review

No abstract provided.

2023 Annual Survey: Recent Developments In Sports Law, Patrick K. Doll

Marquette Sports Law Review

No abstract provided.

Taylor Is First Indiana Law Student To Receive Sports Lawyers Association Student Writing Award, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

A rising 3L at the Indiana University Maurer School of Law is one of 10 law students nationwide—and the first IU student ever— to receive the Sports Lawyers Association’s Student Writing Competition Award.

Amelia Taylor won the honors for her work “A Critical Analysis of Name, Image, and Likeness Policies and Their Implications for International Student-Athletes.”

While American student-athletes have been allowed to earn compensation through NIL deals since July 2021, international student-athletes have faced major hurdles due to immigration laws and policies.

“I chose to focus on international students’ NIL rights because this issue is often overlooked, with media …

False Start On Nil: Public And Private Law Should Treat College Athletes Like Any Other Student, Jodi Balsam

Faculty Scholarship

No abstract provided.

Antitrust Law—A New Era In College Athletics: Is Arkansas The Best State To Play In?, Ashtyn Pike

University of Arkansas at Little Rock Law Review

No abstract provided.