Entertainment, Arts, and Sports Law Commons^™

The Risk-Assessment Case For Worldwide Public Health Regulation Of The Concussion Crisis In Sports, Marcus Moore, Charles H. Tator

All Faculty Publications

The support of the medical profession was indispensable in the USA and Canada to enacting legislation addressing public health issues such as drunk driving, smoking, and bicycle helmets. The sports concussion crisis is a major public health concern in Canada and in many other countries.

The Sports Parent's Predicament, Katharine B. Silbaugh

Faculty Scholarship

Youth sport enjoys a favored status in American culture, encouraged by policymakers and local communities, pursued by parents, and remembered through rose-colored lenses by adults. Most lawyers are familiar with Justice Harry Blackmun’s ode to the magical qualities of baseball in Flood v. Kuhn, in which he took the liberty of running through his own memories of scores of baseball legends.¹ Congress and presidents want children to continue in sport.² Many in the health field argue that sport is important because exercise is important, and sport is treated as the natural manifestation of exercise.³ An enormous number—perhaps …

Nil Collectives And The Disadvantage Dilemma: Disparities And Challenges In Collegiate Athletics, Arianna Garcia

FIU Law Review

For a long time, the National Collegiate Athletic Association (NCAA)’s principle of amateurism, the concept that student-athletes should not profit from their name, image, and likeness (NIL) while competing in collegiate athletics, was strongly upheld. However, it quickly became a challenge for the NCAA to defend its principle of amateurism after thousands of advocates, including universities and student-athletes themselves, began to criticize the NCAA. Finally, after decades of fighting for more equitable rights for student-athletes, the NCAA made a change to its NIL Policy as a result of two major landmark cases. The NCAA, however, now faces another challenge amidst …

Making Headway On Sports Concussion: Sport-Specific Strategies For Concussion Prevention, Marcus Moore

All Faculty Publications

Concussions in sports are a significant public health concern worldwide. Concussion is a traumatic brain injury (‘TBI’) resulting from biomechanical forces transmitted to the head that disrupt normal neurological function. Globally, an estimated 69 million TBIs occur annually. Concussive effects can persist as long-term syndromes (post-concussion syndrome), or compound themselves into life-threatening emergencies (second-impact syndrome). Chronic, even subconcussive, impacts can ultimately lead to degenerative neurological conditions (chronic traumatic encephalopathy). Troublingly, to date, there remains no medical cure for concussions. Prevention is thus paramount, as well as management, to avoid the compounding of injury or dangerous complications, as noted. Sports and …

The Death Of Amateurism: How A Vertical Restructuring Of The Ncaa Could Preserve Its Role As The Governing Body Of Collegiate Athletics, Miles M. Mcdonald

American University Business Law Review

The National Collegiate Athletic Association (NCAA) is struggling to survive as an organizational entity because of near-constant litigation over university and student-athlete rights. As we enter an era of “amateur” sports where student-athletes can earn unrestrained financial compensation for their efforts, the NCAA is struggling to convince stakeholders that it has a worthwhile plan for the everchanging landscape of collegiate athletics. The NCAA retained a purpose as a governing entity when its rules relating to financial inducements and transfer eligibility were enforceable. Now, stakeholders look to separate themselves from the NCAA. To maintain a purpose and survive as the governing …

A Roadmap To Nil And Taxation, Doron Narotzki, Yariv Brauner

American University Business Law Review

The landscape of college sports has dramatically changed in recent years. What was once considered a place for amateur athletes pursuing education now partially mirrors, at least for some student-athletes, the structure and financial dynamics of professional leagues such as the NFL, NBA, and MLB. However, the collegiate sports ecosystem still remains distinct, shaped by unique regulatory frameworks governed by the NCAA. This article reviews and analyses the implications of these changes, and focuses on the tax considerations surrounding Name, Image, and Likeness (NIL) rights and how the evolving nature of college sports also presents certain tax implications, some of …

Tackling Bias In Sport: Recognizing The Impact Of Identities, Meg Hancock --Assoc. Prof.

Vanderbilt Journal of Entertainment & Technology Law

Studies suggest participation in organized sports--from childhood to adulthood--promotes positive physical, social, emotional, and intellectual benefits that impact individuals and their communities over a lifetime. Sports participation in early childhood and adolescence also leads to higher self-esteem, greater wage-earning potential, lower health costs, reduced chronic disease, and lower levels of depression. In adulthood, participating in sports provides social connection, personal enjoyment, and improved health. In US society, sports are often viewed as a popular, viable, and sustainable avenue for social mobility. While the benefits of sports participation are unequivocal, the visibility and influence of star athletes, along with the way …

Getting A Handle On The Taxation Of Sports Betting, Samuel Craig

Loyola of Los Angeles Entertainment Law Review

Sports betting is not merely a 21st century novelty; however, recent legislative and societal changes have allowed sports betting to bloom into a widespread phenomenon in America. The rapid emergence of sports betting in American life has caused states to react with legislation ranging from full-stop bans to partnerships with sportsbooks to capitalize on this lucrative and newly legal activity. While plenty of discussion can be found regarding the social and political considerations of legalizing gambling and related activities, no comprehensive legal scholarship has focused specifically on the taxation of sports betting. Sports betting exists in a relatively unique position …

Know When To Hold Them, When To Fold Them, And When To Walk Away: Tiktoks Are Professional Sports Franchises' Ace In Collective Bargaining Negotiations, Angelica Varona

Pepperdine Law Review

TikTok, the social media app, has become both a central force in entertainment, creating a slew of influencers and young celebrities, as well as an important tool in all things branding and marketing. Athletes have recognized the value of social media and fan engagement and have taken to becoming content-creators on the platform. The growing presence of professional athletes on the app brings up important issues of copyrightability and ownership of the content they are producing. This Comment considers the nature of athlete content-creation on TikTok as well as the employment scheme and contractual responsibilities that form a part of …

Changing The Game: The Emergence Of Nil Contracts In Collegiate Athletics And The Continued Efficacy Of Title Ix, Leeden Rukstalis

Washington and Lee Journal of Civil Rights and Social Justice

On June 30, 2021, the National Collegiate Athletic Association (“NCAA”) suspended a 115-year prohibition on college athletes’ ability to profit from the use of their names, images, and likenesses (“NIL”). Historically, NCAA eligibility was determined by an athlete’s amateur status. Student athletes forewent compensation to preserve a line between professional and college sports. Today, the NCAA’s novel NIL policy recognizes an athlete’s right to publicity and allows them to share in the billions of dollars it generates every year. According to estimates, college athletes earned $917 million in the first year of NIL activity. By 2023, the NIL market is …

Regulating The Concussion Crisis In Sports: Canada’S Initiative To Bring Prevention Into Focus, Marcus Moore

All Faculty Publications

The twenty-first century has revealed the existence of a concussion crisis in sports. The crisis is of global reach, and Canada is no exception. In recent years, the Canadian government joined citizens in recognizing sports concussion as a major public health issue. A parliamentary committee investigated the crisis, reported findings, and made recommendations which the government accepted. As far as legal responses to the sport concussion crisis, new among the recommendations was a callto- action on prevention (Recommendation 13). Since there remains no medical cure for concussions, the government agreed with the view of injured former athletes and injury prevention …

Civil Rights Law—Preserving Female Athletics: Arkansas’S Fairness In Women’S Sports Act, Chandler Little Bray

University of Arkansas at Little Rock Law Review

No abstract provided.

All Bets Are On! . . . Line: The Varied Regulatory Framework Of An Interconnected Online Sports Betting System, Meg Graham

Georgia Journal of International & Comparative Law

No abstract provided.

The Future Of Name, Image, And Likeness In Advertising, Olivia E. Nuss

LSU Master's Theses

This study explores the unique intersection of the law and the theories of communication related to a student athlete’s ability to receive compensation based off their name, image, and likeness (NIL). The purpose of this study is to understand the future of NIL legislation application as it relates to emerging media and student-athletes’ privacy interests in order to better understand influencer marketing and the impact new legislation will have on student-athlete brand deals. Through a series of semi-structured, in-depth interviews, I explored industry trends in NIL as it relates to brand partnerships and advertising, focusing on key players, methods, and …

Cheating In E-Sports: A Proposal To Regulate The Growing Problem Of E-Doping, Jamie Hwang

Northwestern University Law Review

E-sports, also known as professional video gaming, is growing rapidly around the world. In the United States, e-sports events sell out at large sporting venues, including the Staples Center in Los Angeles and the Barclays Center in New York. The growth of this multibillion-dollar industry comes with a host of new legal issues. Among them is the regulation of “e-doping”: the use of hacks and cheats during e-sports games, which gives e-dopers an unfair advantage. E-doping compromises the integrity of the industry, which is vital to its continued growth, by discouraging gamers and fans from trusting the fairness of e-sports. …

Taxing Sports, John T. Holden, Kathryn Kisska-Schulze

American University Law Review

Sports are no longer mere games. In today’s money-driven culture, they have cultivated into a lucrative business enterprise where everyone—whether professional or amateur; owner or player; coach or spectator—stands to make significant money. Modern sports have also morphed into a landscape encompassing both the traditional athletic events and the more novel esports and daily fantasy sports (DFS) arenas. Across all these physical, digital, and biological spheres, sports revenues are being measured in terms of billions. It thus stands to reason why taxes have become a progressively critical discussion point within U.S. professional and collegiate sports, the video gaming world, and …

Cancelled: Morality Clauses In An Influencer Era, Annamarie White Carty

Lewis & Clark Law Review

Morality clauses have been a contractual staple in the entertainment, sports, and advertising industries for over a century. Designed to curb illegal and immoral behavior, morality clauses that are used strategically and effectively can provide a powerful safeguard for both parties involved. This Note breaks down traditional morality clauses into three component parts and updates these provisions for the brand–influencer relationship. Doing so allows companies and influencers alike to harness the unparalleled effectiveness of this emerging market while protecting themselves against illegal escapades and shifting social viewpoints on morality.

An Unexpected Result Of Gender Equality Initiatives In Sports - The Sexualization Of Female Athletes, Renalia Dubose

Mitchell Hamline Law Review

No abstract provided.

Assessing Amateurism In College Sports, Casey E. Faucon

Washington and Lee Law Review

College sports generate approximately $8 billion each year for the National C[artel] Athletic Association and its member institutions. Most of this revenue flows from lucrative television broadcasting deals, which often incorporate the right to commercialize and sell the names, images, and likenesses of college athletes. Under its current revenue scheme, student-athletes—85 percent of whom live below the poverty line—receive a share of zero. For over a century, we’ve justified this exploitative distribution scheme under a cloak of student-athlete “amateurism.” Antitrust challenges to the NCAA’s amateurism rules clash with the assumption that “amateurism” is a revered tradition and an important tenet …

Sabermetrics And Patents?: Open Source, Property Protections, And Alice V. Cls Bank, Keegan L. Rand

Marquette Intellectual Property & Innovation Law Review

None

Monopolizing Sports Data, Marc Edelman, John T. Holden

William & Mary Law Review

With legal sports betting viewed as a panacea for state budget woes across the United States, the underlying data that fuels the sports betting industry has emerged as an especially valuable asset. In the hopes of capitalizing on state laws that have now legalized sports betting, United States professional sports leagues have attempted to gain exclusive ownership rights over valuable sports betting data by asking legislators to mandate that bookmakers exclusively use data sold through the league. In addition, some sports leagues have imposed policies mandating that teams bundle together their collected data for purposes of selling it exclusively through …

Tokyo 2020: A Tale Of Two Cities, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law Eugene Tan, who was a team manager at the 2002 Busan Asian Games and 2004 Athens Olympics, discussed the Olympics Tokyo 2020 and how it showed indomitable human spirit amid the pandemic. Assoc Prof Tan also discussed and explored how Singapore can develop sustainable pathways that would enable our athletes to continue having competitive sporting careers into their late 20s and 30s.

Instagram Issues: Why Professional Sports Leagues Need To Reconsider How Photography And Copyrights Are Governed, Anthony Studnicka

DePaul Journal of Sports Law

Playing sports is not the only way professional athletes generate income. In recent years, athletes have taken a deliberate approach towards building their personal brands to increase the value of their potential marketing and endorsement opportunities. The more known, liked, and marketable an athlete is, the greater their income potential.

Athletes can increase their marketability by eliciting and creating positive interactions with fans on social media. For example, when LeBron James decides to take to Instagram and post a photograph, many fans will view it and it will garner significant engagement. However, can LeBron post whatever image of himself he …

What Is Cultural Misappropriation And Why Does It Matter? 03-31-2021, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

The Legal Nature Of The Professional Football Clubs In The United Arab Emirates, Ahmed Alzaabi

UAEU Law Journal

The sports and cultural clubs are considered economic public utilities in the United Arab Emirates Legal system. Since the presence in international sports events has become a popular demand and a governmental imperative, to keep pace with the political, social, economic and developmental successes experienced by the United Arab Emirates, the legislative branch published the legislative Decree number (7) of 2008 concerning the Public Authority for Youth and Sports Welfare and those working in it, that allowing the registered sports clubs to apply the professionalism system and to convert to commercial companies. This decree coincided with AFC decision of the …

The Gender Pay Gap, In Relation To Professional Sports, Bryan Ramdat

Journal of Race, Gender, and Ethnicity

No abstract provided.

Game On: The Epic Battle Between The Faa And The Nlra In Professional Sports After Epic Systems Corp. V. Lewis, Kurt Mcwilliams

Marquette Sports Law Review

No abstract provided.

Foreword, Paul M. Anderson

Marquette Sports Law Review

No abstract provided.

An Opportunity Of A Lifetime: Opportunity Zones And How They Can Disrupt The Sports Facility Financing Equation, Martin J. Greenberg, Michael R. Gavin

Marquette Sports Law Review

No abstract provided.

Using The Law To Combat Sport Business Corruption, Mark Dodds, Barbara Osborne

Marquette Sports Law Review

No abstract provided.