Entertainment, Arts, and Sports Law Commons^™

Pause The Game: Are Video Game Producers Punting Away The Publicity Rights Of Retired Athletes?, Brandon Johansson

Nevada Law Journal

This Note argues that widely recognized retired athletes, such as Jim Brown, whose likenesses have been used in video games, will be able to recover damages under likeness laws if video game producers do not take more action to protect themselves from such lawsuits. Part II of this Note will discuss the history of likeness rights and how they have developed in our legal system. Part III will discuss how licensing agreements operate in sports through collective bargaining agreements between the current athletes and the player unions. This Note will then argue, using Brown v. Sony as an example, that …

Enhancing The Fighting Force: Medical Research On American Soldiers, Catherine L. Annas, George J. Annas

Faculty Scholarship

During President Barack Obama's first primetime press conference, reporters asked primarily about the state of the economy and terrorism. Wedged between questions on these two vital issues was a query from the Washington Post's Michael Fletcher:

Question: What is your reaction to Alex Rodriguez's admission that he used steroids as a member of the Texas Rangers?

Obama: You know, I think it's depressing news.... And if you're a fan of Major League Baseball, I think it - it tarnishes an entire era, to some degree. And it's unfortunate, because I think there are a lot of ballplayers who played it …

Where Is The Privacy In Wada's "Whereabouts" Rule? , James Halt

Marquette Sports Law Review

No abstract provided.

Student Gladiators And Sexual Assault: A New Analysis Of Liability For Injuries Inflicted By College Athletes, Ann Scales

Michigan Journal of Gender & Law

This Article will focus on an issue that was probably not on the minds of 19th century educators, nor primarily on the minds of the legions of present-day academic critics of intercollegiate sports. Namely, this Article explores the ways in which big-time athletics- particularly football-normalize and encourage harms to women, including educational and sexual harms. The author’s theses depend upon acknowledging certain open secrets about college football: that it is a celebration of male physical supremacy (measured by male standards); that it is something that society lets males do and have as their sport, for reasons both good and bad; …

The Prohibition Of Prosthetic Limbs In American Sports: The Issues And The Role Of The Americans With Disabilities Act, Christopher Bidlack

Marquette Sports Law Review

No abstract provided.

When Is A Cpa As Important As Your Era? A Comprehensive Evaluation And Examination Of State Tax Issues On Professional Athletes, Alan Pogroszewski

Marquette Sports Law Review

No abstract provided.

Team Physicians: Adhering To The Hippocratic Oath Or Just Plain Hypocrites? , Andrew D. Hohenstein

Marquette Sports Law Review

No abstract provided.

Are You Not Entertained - Is This Not Why You Are Here - U.S. Taxation Of Foreign Athletes And Entertainers, Stephen Taylor

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Response To Michael Sandel, Stephen F. Smith

Journal Articles

Professor Michael J. Sandel has treated us to an elegant argument against efforts by athletes to use medicine to "enhance" their bodies or by parents, in effect, to genetically engineer their children. I cannot agree with him more that "playing God" (my phrase, not his) in these ways is fundamentally an exercise in hubris, a rejection of the gifts that we have been given. I cannot improve on Professor Sandel's presentation of his argument. Unlike some Supreme Court Justices, I know that I am not a philosopher. Having said that, one of the joys of being a law professor is …

From Medals To Morality: Sportive Nationalism And The Problem Of Doping In Sports, Dionne L. Koller

All Faculty Scholarship

The conventional wisdom is that in the fight against doping, the government is in the best position to clean up sport and protect the integrity of competition. The premise underlying this assumption is that in the United States, sport is private, so that the government typically has no role in its regulation. It is now, advocates suggest, with the integrity of sport on the line, the government should move off the sidelines and take action. This essay challenges that premise by arguing that with respect to doping in sports the government has not merely been a sidelines observer, but was …

Blurring The Boundary Lines Between Amateur And Professional Sports, Kenneth D. Ferguson

Faculty Works

The NCAA expends substantial resources to insure that the distinction between amateur and professional sports is maintained in collegiate athletics. Preserving the boundary lines between amateur and professional sports is more than an attempt to ensure philosophical purity or a nostalgic quest for historic preservation. The boundaries between amateur and professional sports are maintained by legal doctrines in several areas.

Application of tort law to coaches' liability for conduct leading to injuries to athletes reflects and preserves the boundary lines between professional and amateur sports. Although the implied assumption of risk doctrine should preserve that distinction, some courts have applied …

Which Washington: Constitutions In Conflict?, Jonathan F. Duncan, Kristina V. Giddings

Marquette Sports Law Review

No abstract provided.

A Sports Seminar With A Free Agent Market Exercise , Alfred Dennis Mathewson

Marquette Sports Law Review

No abstract provided.

Pink-Shirting: Should The Ncaa Consider A Maternity And Paterinity Waiver?, Spencer H. Larche

Marquette Sports Law Review

No abstract provided.

Corruption: Its Impact On Fair Play, Richard H. Mclaren

Marquette Sports Law Review

No abstract provided.

Dopers Are Not Duped: Usada's Assistance To Federal Prosecutions Ultimately Protecting Clean Athletes Is Not State Action, Sarah L. Horvitz, Travis Tygart, Paul A. Turbow

Marquette Sports Law Review

No abstract provided.

The International Convention Against Doping In Sport: Is It The Missing Link To Usada Being A State Actor And Wadc Coverage Of U.S. Pro Athletes?, Michael Straubel

Marquette Sports Law Review

No abstract provided.

From Medals To Morality: Sportive Nationalism And The Problem Of Doping In Sports, Dionne L. Koller

Marquette Sports Law Review

No abstract provided.

Are We All Dopes? A Behavioral Law And Economics Approach To Legal Regulation Of Doping In Sports, Shayna M. Sigman

Marquette Sports Law Review

No abstract provided.

The Body And The Law: How Physiological And Legal Obstacles Combine To Create Barriers To Accurate Drug Testing , Genevieve F.E. Birren, Jeremy C. Fransen

Marquette Sports Law Review

No abstract provided.

A Call For Drug-Testing Of High School Student-Athletes, Scott A. Andresen

Marquette Sports Law Review

No abstract provided.

The Use Of Drug Testing To Police Sex And Gender In The Olympic Games, Haley K. Olsen-Acre

Michigan Journal of Gender & Law

Part I of this Article discusses the history and development of sex testing and drug testing and argues that the two are both historically and ideologically linked. Part II examines the current Code in detail and argues that the Code's focus on hormone-based controls acts to police sex and gender in Olympic athletes, thereby extending historical sex testing practices to a new era. This Article ultimately concludes that without recognizing and addressing the need for further research into the role of "sex" hormones in the body and the interplay of social context and biological circumstances, the IOC cannot maintain an …

"No Drinking, No Drugs, No Lesbians": Sexual Orientation Discrimination In Intercollegiate Athletics, Barbara Osborne

Marquette Sports Law Review

No abstract provided.

Steroid Testing Policies In Professional Sports: Regulated By Congress Or The Responsibility Of The Leagues?, Brent D. Showalter

Marquette Sports Law Review

No abstract provided.

Muhammad Ali: The Greatest In Court, Andres F. Quintana

Marquette Sports Law Review

No abstract provided.

Technical Foul: David Stern's Excessive Use Of Rule-Making Authority, Brent D. Showalter

Marquette Sports Law Review

No abstract provided.

Wada Drug Testing Standards, Richard H. Mclaren

Marquette Sports Law Review

No abstract provided.

Disbarring Jerry Maguire: How Broadly Defining "Unauthorized Practice Of Law" Could Take The "Lawyer" Out Of "Lawyer-Agent" Despite The Current State Of Athlete Agent Legislation, Jeremy J. Geisel

Marquette Sports Law Review

No abstract provided.

An Overview Of Non-Analytical Positive & Circumstantial Evidence Cases In Sports, Richard H. Mclaren

Marquette Sports Law Review

No abstract provided.

Affirmative Injunctions In Athletic Employment Contracts: Rethinking The Place Of The Lumley Rule In American Sports Law, Geoffrey Christopher Rapp

Marquette Sports Law Review

No abstract provided.