Entertainment, Arts, and Sports Law Commons^™

Antitrust Changeup: How A Single Antitrust Reform Could Be A Home Run For Minor League Baseball Players, Jeremy Ulm

Dickinson Law Review (2017-Present)

In 1890, Congress passed the Sherman Antitrust Act to protect competition in the marketplace. Federal antitrust law has developed to prevent businesses from exerting unfair power on their employees and customers. Specifically, the Sherman Act prevents competitors from reaching unreasonable agreements amongst themselves and from monopolizing markets. However, not all industries have these protections.

Historically, federal antitrust law has not governed the “Business of Baseball.” The Supreme Court had the opportunity to apply antitrust law to baseball in Federal Baseball Club, Incorporated v. National League of Professional Baseball Clubs; however, the Court held that the Business of Baseball was not …

Good Initiative, Bad Judgement: The Unintended Consequences Of Title Ix's Proportionality Standard On Ncaa Men's Gymnastics And The Transgender Athlete, Jeffrey Shearer

Pace Intellectual Property, Sports & Entertainment Law Forum

Title IX fails to provide the tools or guidelines necessary to equalize opportunities for all student athletes in the collegiate setting despite the government’s continuous effort to explain the law. This failure is because judicial precedent has largely developed around the binary proportionality test of compliance. Title IX was originally intended to equalize educational opportunities for male and female students in order to remedy past discrimination in our society. However, the application of Title IX has frequently created fewer opportunities in athletics due to the unintended relationship between the proportionality standard and the social phenomenon that is the commercialization of …

The New Gold Standard For Sports Psls: The Provisions That Allow The Golden State Warriors To Overpower A Bankruptcy Estate, Michael Medved

The Journal of Business, Entrepreneurship & the Law

This comment will focus on how this second key difference implemented in the Warriors’ PSL would affect an eventual bankruptcy proceeding of a purchaser into their “membership program.” In the event of a purchaser filing for bankruptcy liquidation under chapter seven of the bankruptcy code, the PSL will join the rest of the bankrupt’s assets in becoming property of the now-bankrupt purchaser’s creditors estate. Purchasers into the Warriors’ offering can be either individuals or corporations. This comment will provide an analysis of how the debtor, estate, and team will likely fare in terms of recouping the value of the PSL …

Sex Is Not A Three-Letter Word: The Effect Of Manipulating The Definition Of "Sex" On The Future Of Transgender Athletes, Emily Grubman

Loyola of Los Angeles Entertainment Law Review

Title IX makes it unlawful for educational institutions receiving federal funding to discriminate “on the basis of sex.” But in the context of high school and college athletics, and specific to transgender athletes, what should the meaning of “sex” be? The Obama administration believed that “on the basis of sex” in Title IX includes “gender” in the meaning of “sex.” However, the Trump administration has proposed revoking that understanding, limiting the term “sex” to mean male or female, defined at birth. In the com- ing year, the Supreme Court may decide in R.G. & G.R. Harris Funeral Homes, Inc. v. …

Esports, Player Positions, And The Benefits Of Unionization, Roshan Patel

Duke Law & Technology Review

No abstract provided.

College Athletes In Revenue-Generating Sports As Employees: A Look Into The Alt-Labor Future, Roberto L. Corrada

Sturm College of Law: Faculty Scholarship

This article will begin by looking at some current and recent litigation brought by college athletes against their respective universities as well as recent state legislation that may affect their status as employees. Part I will focus on what the courts, agencies, scholars, and state legislators have said or implied about whether these athletes are or should be employees under the law. This Part will demonstrate why the designation of athletes in revenue-generating sports is fragile and cannot endure for much longer. Part II switches and focuses on college “work study” programs, showing in fact that there is nothing unusual …

The Northwestern University Football Case: A Dissent, Roberto L. Corrada

Sturm College of Law: Faculty Scholarship

This Article argues that the NLRB issued a non-decision in Northwestern University. A close look at the opinion shows that the Board refused to make findings it is statutorily required to make when ruling on an election petition. Though the decision buries much of this evidence in its footnotes, this Article unearths this evidence and reveals how the footnotes consistently disclaim statements made by the Board in the decision’s text. Moreover, close scrutiny of the precedent cited by the NLRB reveals that the Board may not, in fact, have the authority to exercise the discretion it claims for itself in …

Pre-Game Strategy For Long-Term Win: Using Trademark Registration And Right Of Publicity To Protect Esports Gamers, John Bat

Catholic University Journal of Law and Technology

The soaring popularity of esports across the globe has turned ultra-talented gamers into a blend of athlete and entertainer. The youthful esports ecosystem is exploding in growth, and the world is taking notice. But are the gamers who are eyeing professional play taking basic legal steps to develop and shield their brands, as well as bolster their collective negotiating leverage with teams, leagues, and miscellaneous entities? This note explores what features of an up-and-coming esports gamer might be worth protecting through a trademark and/or personality-rights schema, which in turn, could assist competitive gamers who are interested in developing their careers …

Criminalizing Match-Fixing As America Legalizes Sports Gambling, Jodi S. Balsam

Marquette Sports Law Review

No abstract provided.

Be Honest With Me: How Federal Regulation Of Sports Gambling Must Protect The Integrity Of The Game, Grant Ellfeldt

Loyola of Los Angeles Entertainment Law Review

On May 14, 2018, the Supreme Court struck down the Professional and Amateur Sports Protection Act (PASPA). Before the Court’s decision, PASPA had entirely prohibited states from legalizing sports gambling. In light of their newfound liberty, states began to individually legalize and regulate sports gambling. The federal government did not wait long to introduce their own regulations. On December 19, 2018, Congress introduced the Sports Wagering Market Integrity Act (SWMIA). At its core, SWMIA is designed to protect the integrity of professional sports.

To protect the integrity of professional sports and prevent fraud, SWMIA must accomplish three things. First, because …

The Legal Design For Parenting Concussion Risk, Katharine B. Silbaugh

Faculty Scholarship

This Article addresses a question as yet unexplored in the emerging concussion risk literature: how does the statutorily assigned parental role in concussion risk management conceptualize the legal significance of the parent, and does it align with other areas of law that authorize and limit parental risk decision-making? Parents are the centerpiece of the “Lystedt” youth concussion legislation in all fifty states, and yet the extensive legal literature about that legislation contains no discussion of parents as legal actors and makes no effort to situate their statutory role into the larger legal framework of parental authority. This Article considers the …

Law Library Blog (October 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

College Athletics: The Chink In The Seventh Circuit's "Law And Economics" Armor, Michael A. Carrier, Marc Edelman

Michigan Law Review Online

If any court is linked to the “law and economics” movement, it is the Seventh Circuit, home of former Judge Richard Posner, the “Chicago School,” and analysis based on markets and economics. It thus comes as a surprise that in college-athletics cases, the court has replaced economic analysis with legal formalisms. In adopting a deferential approach that would uphold nearly every rule the National Collegiate Athletic Association (NCAA) claims is related to amateurism, the court recalls the pre- Chicago School era, in which courts aggressively applied “per se” illegality based on a restraint’s form, rather than substance. While the …

The Inescapable Intersection Of Race, Law, And Sports: Perspectives From The Field, N. Jeremi Duru, Michele Roberts, Woodie Dixon, Jeff Whitney

Presentations

During the Civil Rights Movement of the 1960’s, race and sport were thickly intertwined. Athletes such as Arthur Ashe, Muhammad Ali, John Carlos, and Tommie Smith used their platforms as sports stars to challenge racial and economic injustice. In the decades that followed, that activist spirit largely receded, but over the past several years athlete activism has been on the rise. From Miami Heat players posting a group photo in hooded sweatshirts in protest of Trayvon Martin’s killing to St. Louis Rams’ players running onto the field with hands above their heads in protest of Michael Brown’s killing to Colin …

Prohibitive Failure: The Demise Of The Ban On Sports Betting, John T. Holden

Georgia State University Law Review

On May 14, 2018, the Supreme Court of the United States struck down the federal prohibition on sports gambling. The sweeping opinion, authored by Justice Alito, ended more than a twenty-fiveyear- old policy that kept states from offering sports gambling, which confined sports betting almost entirely to illegal underground markets. Indeed, the sports betting prohibition is largely responsible for the growth of the illegal sports gambling market, which is now one of America’s twenty largest industries. The challenge to the federal Professional and Amateur Sports Protection Act was initially launched in 2012 when former U.S. Attorney and New Jersey Governor, …

This Is Our House! - The Tax Man Comes To College Sports, Kathryn Kisska-Schulze

Marquette Sports Law Review

None

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

For Fear Of The Fans: An Argument For Holding Sports Teams Accountable For Fans' Post-Match Conduct, N. Jeremi Duru

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Clear Statement Rules And The Integrity Of Labor Arbitration, Stephen Ross, Roy Eisenhardt

Arbitration Law Review (2009 - Present)

Under the common law, employment contracts are submitted to civil courts to resolve disputes over interpretation, breach, and remedies. As an alternative, parties in collective bargaining agreements, can agree to dispute resolution by an independent arbitrator, whose decision is reviewed deferentially by judges. Where employees or members of an association are governed by its internal rules, in contrast, they often agree contractually to submit internal disputes to an association officer or committee. In this circumstance, the common law governing private associations affords judicial review that is more limited than a civil dispute, but more searching than is the case for …

With Major Professional Sports Franchises On Their Way Into Las Vegas, The Problems With The Professional And Amateur Sports Protection Act (Paspa) Need To Be Addressed, Anthony J. Sanfratello

Pace Intellectual Property, Sports & Entertainment Law Forum

This note will set out to prove why PASPA is no longer effective and why reform is needed. With the state of New Jersey leading the fight, change is on the horizon. First, the history of gambling laws in the United States will be covered. Next, the legal and other supplemental arguments for and against PASPA will be discussed. Additionally, the pivotal role that each major professional sports league plays in the arguments for and against reform, with specific focus on professional teams moving to Las Vegas, will be examined. Lastly, the current state of gambling laws in this country …

The Justice Of Unequal Pay In The Ufc: An In-Depth Analysis Of The Fighters’ Antitrust Class Action Lawsuit Against The Ufc And The Misplaced Support Of The Proposed Muhammad Ali Expansion Act, Hunter Sundberg

Pace Intellectual Property, Sports & Entertainment Law Forum

In 2016, the Ultimate Fighting Championships (“UFC”) set the record for the largest sale in sports history. The UFC, the primary promotion company of the once fringe sport of mixed martial arts (“MMA”) had matured into a mammoth 4 billion dollar promotion, but not without some growing pains. The league is replete with controversy, mostly dealing with disgruntled athletes over compensation. Athletes of the UFC feel that they are being financially exploited and they may be correct. The athletes are choosing different routes to remedy their pay disparities but they are misguided.

The first course of action chosen by the …

The Vatican View On Sport At The Service Of Humanity, Ed Edmonds

Journal Articles

Participation in sport, particularly the opportunity for children to enjoy and learn through play, is a human right and strongly supported by the goals of Catholic social teaching and the efforts of the Olympic Movement and the United Nations. On October 5-6, 2016, the Vatican held the Sport at the Service of Humanity Conference, the first global conference on sport and faith, an initiative promoted by Pope Francis and supported by the International Olympic Committee and the United Nations. This essay focuses on the conference, its vision and goals, and a challenge to use sport to advance human development and …

Uniform Rules: Addressing The Disparate Rules That Deny Student-Athletes The Opportunity To Participate In Sports According To Gender Identity, Chelsea Shrader

University of Richmond Law Review

No abstract provided.

Trending @ Rwu Law: David Logan's Post: Students Go Head-To-Head With Faculty And Alums In Jeopardy! 11-9-2016, David Logan

Law School Blogs

No abstract provided.

Law Library Blog (October 2016): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Keynote Address: A Sure Bet? The Legal Status Of Daily Fantasy Sports, Marc Edelman

Pace Intellectual Property, Sports & Entertainment Law Forum

Today, I will provide an overview of the legal status of “daily fantasy sports” and explain why the legality—or illegality—of the industry is not a sure bet. I will begin by providing a brief background of the origins of fantasy sports, and then turn to the impact of technologies such as the Internet, and the legal status of these games under both federal and state laws. I will conclude by discussing the recent efforts to regulate “daily fantasy sports” through the courts and legislation

Putting Public Law Into "Private" Sport, Dionne L. Koller

Pepperdine Law Review

Across all levels of sport — professional, Olympic, intercollegiate, interscholastic, and youth recreational — the prevailing view is that the government should not take an active role in regulating athletics. As a result, there are relatively few federal or state statutes directed at regulating sports, and those that are aimed at sports primarily serve to support the professional sports industry. Moreover, courts show great deference to sports leagues and administrators, most often applying law in a way that insulates and empowers them. This creates a climate where leagues and administrators are permitted wide latitude to structure and conduct their respective …

Beyond The Basketball Court: How Brittney Griner's In My Skin Illustrates Title Ix's Failure To Protect Lgbt Athletes At Religious Institutions, Leslie C. Griffin

Scholarly Works

Symposium: Playing with Pride: LGBT Inclusion in Sports.

Unlike schoolteachers, janitors, coaches, food-service directors, organists, and other workers, professional athletes usually command center stage in society. Their successes and failures loom larger than life. Sometimes their prominent lives highlight themes hidden from public discussion or neglected by the majority. Professional basketball player Brittney Griner's autobiography does just that, by illuminating how "religious freedom" can undermine equality, especially LGBT equality.

Student-Athletes Vs. Ncaa: Preserving Amateurism In College Sports Amidst The Fight For Player Compensation, Audrey C. Sheetz

Brooklyn Law Review

While student-athletes are the backbone of the $11 billion college sports industry, they do not currently receive any of this revenue derived from the use of their names, images, and likenesses. The National College Athletic Association’s mission is to maintain the amateur status of student-athletes. In doing so, it precludes student-athletes from receiving any type of compensation outside of the actual cost of tuition. Amateurism, as a concept, promotes the distinction between professional and student athletes, and is the crux of the NCAA’s argument for prohibiting the compensation of student-athletes. Recently, however, the controversy surrounding the amateur status of college …

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 …