Entertainment, Arts, and Sports Law Commons^™

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 …

Without Thanks To Richie Incognito: Should Employers Owe A Duty To Employees To Protect Against Psychological Harm From Status-Blind Bullying In The Workplace?, Samuel L. Gurney

Marquette Sports Law Review

No abstract provided.

The Washington Redskins' Deflating Hope: The Lanham Act Survives The First Amendment Challenge, Hammad Rasul

Marquette Sports Law Review

No abstract provided.

Leveling The Playing Field Among The Nfl, Clubs, And Players--By Amending The Employee Retirement Income Security Act, Alicia J. Anderson

Marquette Sports Law Review

No abstract provided.

Bending The Rules To Change The Rule? Was The National Football League's Domestic Violence Policy Collectively Bargained For?, Sean P. Mccarthy

Marquette Sports Law Review

No abstract provided.

The Nfl's Stance On Gambling: A Calculated Contradiction, Daniel Bernard

UNLV Gaming Law Journal

No abstract provided.

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.

Herschel Walker V. National Football League: A Hypothetical Lawsuit Challenging The Propriety Of The National Football League's Four-Or-Five Year Rule Under The Sherman Act, A. Randall Farnsworth

Pepperdine Law Review

No abstract provided.

Red Card: Using The National Football League’S “Rooney Rule” To Eject Race Discrimination From English Professional Soccer’S Managerial And Executive Hiring Practices, Jeremy Corapi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

From The Gridiron To The Golden State: Nfl Players' Fight For Workers', Kyle M. Tompkins

Marquette Sports Law Review

None

Role Transition Of National Football League Retired Athletes: A Grounded Theory Approach, George Earl Koonce Jr.

Marquette Sports Law Review

None

A Conversation On Nfl Diversity And Social Cohesion Initiatives, N. Jeremi Duru

Presentations

No abstract provided.

Inside The Huddle: Analyzing The Mediation Efforts In The Nfl's Brady Settlement And Its Effectiveness For Future Professional Sports Disputes, Timothy J. Bucher

Marquette Sports Law Review

None

The Economics Of Competitive Balance: Sports Antitrust Claims After American Needle, James T. Mckeown

Marquette Sports Law Review

None.

Can Summer Training Camp Practices Land Nfl Head Coaches In Hot Water?, Timothy Patrick Hayden

Marquette Sports Law Review

No abstract provided.

Labor Pains: The Effect Of A Work Stoppage In The Nfl On Its Coaches, Robert H. Lattinville, Robert A. Boland, Bennett Speyer

Marquette Sports Law Review

No abstract provided.

If You Build It, Will They Stay? An Examination Of State-Of-The-Art Clauses In Nfl Stadium Leases, Kristen E. Knauf

Marquette Sports Law Review

No abstract provided.

The Nfl, Intellectual Property, And The Conquest Of Sports Media, Eric E. Johnson

Faculty Articles

This article explores how the National Football League (NFL) has used assertions of intellectual property to control media coverage of its activities and events. Some history is uncovered, including the NFL’s project of wresting copyright ownership to televised game coverage away from the broadcast television networks. Also reviewed is the NFL’s spurious claims of copyright ownership over footage shot by third persons. The article further explains how the NFL has, in recent years, begun to use press accreditation as a way to gain copyright ownership over news-media footage and to eliminate competition with the NFL’s own web and television media …

2008 Antitrust Developments In Professional Sports: To The Single Entity And Beyond, James T. Mckeown

Marquette Sports Law Review

No abstract provided.

Third And Long: The Issues Facing The Nfl Collective Bargaining Agreement Negotiations And The Effects Of An Uncapped Year, Michael J. Redding, Daniel R. Peterson

Marquette Sports Law Review

No abstract provided.

Dealing With The Nfl's Concussion Problems Of Yesterday, Today, And Tomorrow, Bryan Lipsky

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Why The "Single Entity" Defense Can Never Apply To Nfl Clubs: A Primer On Property-Rights Theory In Professional Sports, Marc Edelman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Legality Of Age Restrictions In The Nba And Nfl, Michael Mccann, Joseph S. Rosen

Law Faculty Scholarship

This essay examines age eligibility rules in the National Football League (NFL) and the National Basketball Association (NBA), offers analysis of related antitrust and labor law issues, and shares perspective on underlying policies. As a matter of background, the NFL and the NBA are the only major sports organizations that prohibit players from entrance until a prescribed period after high school graduation. Major League Baseball, the National Hockey League, NASCAR, professional tennis, professional golf, and professional boxing have no such rules. Individuals can also partake in professional acting, theater, music, and other entertainment professions without satisfying a period after high …

Social Psychology, Calamities, And Sports Law, Michael Mccann

Law Faculty Scholarship

This Article examines the role of situational pressures, fundamental attribution errors, and legal frameworks in how professional sports actors respond to the threat and occurrence of calamities. Both natural and manmade threats to American health are likely to rise over the next decade. Such threats may include catastrophic weather, natural disasters, terrorist attacks, and communicable disease pandemics. In response to these threats, professional sports leagues, professional athletes, fans, and media might engage in unprecedented behavior. Consider, for instance, increasingly-devastating weather patterns, and how they might animate leagues to relocate franchises to cities with more favorable forecasts. The same outcome might …

Revenue Sharing And The Salary Cap In The Nfl: Perfecting The Balance Between Nfl Socialism And Unrestrained Free-Trade, Clay Moorhead

Vanderbilt Journal of Entertainment & Technology Law

This note argues that the League must reform the current revenue sharing model in order to correct the widening revenue gap between the lowest and highest revenue teams, which if not adequately addressed soon could severely impair the future popularity and success of the NFL. Part II describes the emergence of revenue sharing in the NFL; its evolution due to past challenges initiated by profit-oriented owners; and the details of the current revenue sharing system in place today. Part III establishes how the emergence of unshared "local revenue" has eroded the NFL's collective mentality, thereby causing a variety of problems …

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.

Coaching In The National Football League: A Market Survey And Legal Review, Robert H. Lattinville, Robert A. Boland

Marquette Sports Law Review

No abstract provided.

Panel Ii: Maurice Clarett's Challenge, Jay Moyer, Howard Ganz, David Feher, Gary Roberts

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel Ii: Maurice Clarett's Challenge, Jay Moyer, Howard Ganz, David Feher, Gary Roberts

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Clarett V. National Football League: Defining The Non-Statutory Labor Exception To Antitrust Law As It Pertains To Restraints Primarily Focused In Labor Markets And Restraints Primarily Focused In Business Markets, Ronald Terk Sia

The University of New Hampshire Law Review

[Excerpt] “Contemporary sports have seen an influx of young talent opting for a chance at playing in the big leagues earlier at the expense of obtaining higher education. Many dream of playing professional sports—dreams often prohibited by player eligibility rules. In situations where the restraints are not argued to have been protected by non-statutory labor exception, antitrust law has been seen to set its talons into eligibility rules. […]

Federal antitrust law and national labor law set forth two conflicting policies that have created a periodic drama for sports fans concerned that their favorite sports will suffer a cataclysmic court …