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Entertainment, Arts, and Sports Law Commons™
Open Access. Powered by Scholars. Published by Universities.®
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- Marquette Sports Law Review (42)
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Articles 1 - 30 of 59
Full-Text Articles in Entertainment, Arts, and Sports Law
Deterrence Defeats Doping: How Arbitration Can Resolve Major League Baseball's Performance-Enhancing Drug Problem, Brice Barnes
Deterrence Defeats Doping: How Arbitration Can Resolve Major League Baseball's Performance-Enhancing Drug Problem, Brice Barnes
Pepperdine Dispute Resolution Law Journal
This article analyzes MLB’s PED policy and proposes amending the policy by arbitrating the agreement to create one that further deters players from using PEDs. The remainder of this article is divided into five parts: Part II discusses the significance of the PED issue and why resolution is necessary; Part III discusses the history of PED use in baseball and the efforts by the League to address it; Part IV proposes the solution of arbitration and explains how the process might work; Part V addresses potential objections to that solution; and finally, Part VI concludes.
Level The Playing Field: Advocating For The Removal Of Major League Baseball’S Prohibition On The Admissibility Of Statcast-Generated Sabermetrics As Evidence In Salary Arbitration Hearings, Christian Podest
Pepperdine Dispute Resolution Law Journal
This paper argues that Major League Baseball should amend its Collective Bargaining Agreement (CBA) to remove the outright ban on certain types of statistical evidence to help prove a player’s value. First, the paper briefly describes the history of the compensation system in the MLB and its evolution. Then, it details how final offer arbitration became the default mechanism for resolving compensation disputes between teams and players. The paper subsequently focuses on the Collective Bargaining Agreement’s carve-out of statistical evidence and notes the similarities and differences between Major League Baseball’s evidentiary standards governing salary arbitration hearings and the Federal Rules …
The Gender Pay Gap, In Relation To Professional Sports, Bryan Ramdat
The Gender Pay Gap, In Relation To Professional Sports, Bryan Ramdat
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Advantages Of Incorporating Mechanisms From The Salary Arbitration Models Of Mlb And The Nhl In A Salary Arbitration System In Mls, Andrew Real
Pepperdine Dispute Resolution Law Journal
This article will propose that Major League Soccer adopt a salary arbitration system similar to that used in both Major League Baseball and the National Hockey League. MLS should emulate those strategies of other professional leagues that have resulted in growth. The salary arbitration model is one such advantageous strategy. Part II of this article will provide a summary of the current salary structures and mechanisms of MLS. Part II will also discuss the problems and the origins of the problems associated with MLS's current salary structures and mechanisms. Part III will summarize how salary arbitration is utilized in MLB. …
Anatomy Of A Baseball Law Course, Robert M. Jarvis
Med-Arb And Professional Sports: Could Med-Arb Work As An Effective Dispute Resolution Process In Professional Sports?, Taylor Brisco
Med-Arb And Professional Sports: Could Med-Arb Work As An Effective Dispute Resolution Process In Professional Sports?, Taylor Brisco
Marquette Sports Law Review
None
America's Past-Time And The Art Of Diplomacy, Alyson St. Pierre
America's Past-Time And The Art Of Diplomacy, Alyson St. Pierre
Indiana Journal of Global Legal Studies
As organizations and corporations construct an international reach, they become influential actors in foreign relations between sovereign countries. Particularly, while Major League Baseball continues to recruit players and build a large fan base across the globe, it increases its ability to facilitate civil relations between the United States and other nations. An exploration of how professional baseball provides a useful platform to improve diplomatic relations between the United States and Cuba best exemplifies how the League can promote change. Although the United States and Cuba have had a rather tumultuous relationship in recent history, a coordinated effort to improve the …
Major League Baseball Players, Big Data, And The Right To Know: The Duty Of Major League Baseball Teams To Disclose Health Modeling Analysis To Their Players, Michael Hattery
Marquette Sports Law Review
None
Arrr... Whose Booty, Mates? Who Possesses Legal Title To A Home Run Baseball That Lands Outside A Stadium's Confines?, Michael R. Gavin
Arrr... Whose Booty, Mates? Who Possesses Legal Title To A Home Run Baseball That Lands Outside A Stadium's Confines?, Michael R. Gavin
Marquette Sports Law Review
None
United States-Cuba Normalized Relations And The Mlb Influence: The Baseball Coalition Committee, Aaron Klein, Jake E. Marcus
United States-Cuba Normalized Relations And The Mlb Influence: The Baseball Coalition Committee, Aaron Klein, Jake E. Marcus
University of Miami Inter-American Law Review
This note explores the past, present, and future of the path for Cuban baseball players into MLB. Specifically, this note will explore the late-2014 agreement between the United States and Cuba to normalize relations and its anticipated impact on MLB. Part I provides an extensive historical context of the relationship between the two countries with a focus on the effect that baseball has had on the relationship. Part II draws attention to MLB’s current policies and the resulting hardships faced by Cuban baseball players embark on the journey from Serie Nacional to MLB. Part III concentrates on the legal issues …
Major League Broadcasting: The Deleterious Effects Of Major League Baseball's Antitrust Exemption On Nevada Consumers With No Home Team, Andrew P. Dunning, Kerry E. Kleiman
Major League Broadcasting: The Deleterious Effects Of Major League Baseball's Antitrust Exemption On Nevada Consumers With No Home Team, Andrew P. Dunning, Kerry E. Kleiman
Nevada Law Journal
No abstract provided.
Fair Use Of Foul Balls: Major League Baseball Advanced Media And Its Counterproductive Takedown Notices To Fans, Andrew Rissler
Fair Use Of Foul Balls: Major League Baseball Advanced Media And Its Counterproductive Takedown Notices To Fans, Andrew Rissler
Marquette Sports Law Review
No abstract provided.
Switch Hitters: How League Involvement In Daily Fantasy Sports Could End The Prohibition Of Sports Gambling, Jordan Meddy
Switch Hitters: How League Involvement In Daily Fantasy Sports Could End The Prohibition Of Sports Gambling, Jordan Meddy
Brooklyn Journal of Corporate, Financial & Commercial Law
Whether in the form of lotto tickets or casino table games, gambling is legally permitted in some way in virtually every U.S. state. Yet, in all but a handful of jurisdictions, federal law prohibits wagering on sporting events or professional athletes in any form. Several economically challenged states, particularly New Jersey, have been trying to authorize sports gambling within their borders as a way to raise tax revenues and support their local gambling industries. While these attempts have thus far been unsuccessful, Daily Fantasy Sports have simultaneously experienced a meteoric rise, becoming a multi-billion dollar industry. This Note examines the …
The Jocks And The Justice: How Sotomayor Restrained College Athletes, Phillip J. Closius
The Jocks And The Justice: How Sotomayor Restrained College Athletes, Phillip J. Closius
All Faculty Scholarship
Two judicial opinions have shaped the modem college athletic world. NCAA v. Board of Regents of the University of Oklahoma declared the NCAA's exclusive control over the media rights to college football violated the Sherman Act. That decision allowed universities and conferences to control their own media revenue and laid the foundation for the explosion of coverage and income in college football today. Clarett v. NFL held that the provision then in the National Football League's (NFL) Constitution and By-Laws that prohibited players from being eligible for the NFL draft until three years from the date of their high school …
Dick Woodson's Revenge: The Evolution Of Salary Arbitration In Major League Baseball, Edward Silverman
Dick Woodson's Revenge: The Evolution Of Salary Arbitration In Major League Baseball, Edward Silverman
Pepperdine Law Review
This paper examines the evolution of salary arbitration in professional baseball through the lens of the original 1974 Dick Woodson salary arbitration. Part II discusses the general development of labor relations in professional baseball, with an emphasis on how and why salary arbitration came to be implemented. Part III focuses specifically on Dick Woodson’s salary arbitration and how that experience shaped the immediate evolution of the practice and informed the current state of affairs in Major League Baseball (“MLB”). Part IV discusses MLB’s salary arbitration rules and how the process actually works. Part V addresses prevailing criticisms of baseball style …
A Channel Worth Changing? The Individual Regional Sports Network: Proliferation, Profits, Parity, And The Potential Administrative And Antitrust Issues That Could Follow, Stephen Dixon
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Mlb Calendar 2013-2014, Edmund P. Edmonds
Play Ball: What Can Be Done To Prevent Strikes And Lockouts In Professional Sports And Keep The Stadium Lights On, Alexandra Baumann
Play Ball: What Can Be Done To Prevent Strikes And Lockouts In Professional Sports And Keep The Stadium Lights On, Alexandra Baumann
Journal of the National Association of Administrative Law Judiciary
This comment analyzes the role that the National Labor Relations Board and the Federal Mediation and Conciliation Service play in ending strikes and lockouts caused by collective bargaining in professional sports. It then looks at what can be done to prevent lockouts and strikes in the future, which would not only benefit fans, but also stadium employees, players, and owners, as none of them make money if there are no games.
Mlb Calendar 2012-2013, Edmund P. Edmonds
Topps Gets Exclusive License, Leaving Upper Deck On The Bench: An Analysis Of Major League Baseball's Antitrust Exemption In The Modern Era, Sarah A. Padove
Topps Gets Exclusive License, Leaving Upper Deck On The Bench: An Analysis Of Major League Baseball's Antitrust Exemption In The Modern Era, Sarah A. Padove
Marquette Sports Law Review
None
Non-Relocation Agreements In Major League Baseball: Comparison, Analysis, And Best Practice Clauses, Martin J. Greenberg, Bryan W. Ward
Non-Relocation Agreements In Major League Baseball: Comparison, Analysis, And Best Practice Clauses, Martin J. Greenberg, Bryan W. Ward
Marquette Sports Law Review
No abstract provided.
One Trilogy That Should Go Without A Sequel: Why The Baseball Antitrust Exemption Should Be Repealed, Brittany Van Roo
One Trilogy That Should Go Without A Sequel: Why The Baseball Antitrust Exemption Should Be Repealed, Brittany Van Roo
Marquette Sports Law Review
No abstract provided.
They Aren't Who We Thought They Were: The Importance Of Genetic Testing In Major League Baseball To Prevent The Falsification Of Players' Ages, Laurie C. Frey
They Aren't Who We Thought They Were: The Importance Of Genetic Testing In Major League Baseball To Prevent The Falsification Of Players' Ages, Laurie C. Frey
Marquette Sports Law Review
No abstract provided.
2008 Antitrust Developments In Professional Sports: To The Single Entity And Beyond, James T. Mckeown
2008 Antitrust Developments In Professional Sports: To The Single Entity And Beyond, James T. Mckeown
Marquette Sports Law Review
No abstract provided.
A Most Interesting Part Of Baseball's Monetary Structure - Salary Arbitration In Its Thirty-Fifth Year, Ed Edmonds
A Most Interesting Part Of Baseball's Monetary Structure - Salary Arbitration In Its Thirty-Fifth Year, Ed Edmonds
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
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.
Automatic Outs: Salary Arbitration In Nippon Professional Baseball, David L. Snyder
Automatic Outs: Salary Arbitration In Nippon Professional Baseball, David L. Snyder
Marquette Sports Law Review
No abstract provided.
Play Ball? An Analysis Of Final-Offer Arbitration, Its Use In Major League Baseball And Its Potential Applicability To European Football Wage And Transfer Disputes, Josh Chetwynd
Marquette Sports Law Review
No abstract provided.
Green Sports Facilities: Why Adopting New Green-Building Policies Will Improve The Environment And The Community, Alex B. Porteshawver
Green Sports Facilities: Why Adopting New Green-Building Policies Will Improve The Environment And The Community, Alex B. Porteshawver
Marquette Sports Law Review
No abstract provided.
The Immaculate Deception: How The Holy Grail Of Protectionism Led To The Great Steroid Era, Eldon L. Ham
The Immaculate Deception: How The Holy Grail Of Protectionism Led To The Great Steroid Era, Eldon L. Ham
Marquette Sports Law Review
No abstract provided.