Entertainment, Arts, and Sports Law Commons^™

Intellectual Property And Tabletop Games, Christopher B. Seaman, Thuan Tran

Scholarly Articles

There is a rich body of literature regarding intellectual property’s (“IP”) “negative spaces”—fields where creation and innovation thrive without significant formal protection from IP law. Scholars have written about innovation in diverse fields despite weak or nonexistent IP rights, such as fashion design, fine cuisine, stand-up comedy, magic tricks, tattoos, and sports plays. Instead, these fields rely on social norms, first- mover advantage, and other (non-IP) legal regimes to promote innovation in the absence of IP protection.

As a comparison to these studies, this Article comprehensively analyzes the role of IP law in facilitating innovation in tabletop gaming, including board …

Labor & Employment Law Guidance For Professional Sports Teams, Christopher R. Deubert

Marquette Sports Law Review

No abstract provided.

The Ethics Of Sign Stealing In College Football, Joshua D. Winneker, Ian Silfies

Marquette Sports Law Review

No abstract provided.

Gendered Slurs On The Schoolyard: Unlawful Harassment Or “Simple Teasing”?, Ilona M. Turner

Marquette Sports Law Review

No abstract provided.

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 …

The Seal Has Been Lifted: Ncaa And Predominantly White Colleges Must Soon Stop Exploiting Their Black Athletes, Daniel Bartlett

American University Business Law Review

This Comment argues that passing the Amateur Athletes Protection and Compensation Rights Act of 2021 (AAPCA), Fair Pay to Play Act, and similar legislation will allow college athletes to rightfully profit from their names, images, and likenesses and open the door for star athletes to choose HBCUs over traditional Power Five sports programs. Part II of this Comment will explain the legislative and procedural battles student-athletes have faced when arguing against the NCAA for the right to earn compensation. Traditionally the NCAA has avoided compensating its athletes, and courts have avoided tackling the issue. Part III will analyze previous litigation …

Movies To Fall Asleep To: The Antitrust Implications Of Terminating The Paramount Consent Decrees, Isha C. Biswas

American University Business Law Review

This Comment will argue that, while the Consent Decrees seem obsolete in the 21st century when studios own significant numbers of theaters, movies are no longer released one theater at a time like they were in 1948, which implicates relevant antitrust standards. With the prevalence of streaming, termination of the Paramount Decrees would allow streaming giants such as Disney+ and Netflix to monopolize the movie release market through the hybrid release model, impacting future case law and litigation. Part II of this Comment will examine the Paramount case, the consent decrees that resulted from it, and the judicial and congressional …

Caster Semenya And The Policing Of Competitive Athletic Advantage, Taylor Vann

Connecticut Law Review

In recent years, transgender and intersex athletes competing in track and field have come under intense scrutiny. The most notable of these athletes at the elite level is Caster Semenya of South Africa. Semenya has been accused of benefiting from an unfair competitive advantage due to her natural biological makeup. In response, international track and field’s governing body has promulgated multiple regulations to address athletes like Semenya. This article examines these regulations and their impact on transgender and intersex athletes at multiple levels of competition, It argues that these regulations and similar attempts under Title IX in the United States …

Twenty-First Annual International Advocate For Peace Award, Honoring William Ury, Samuel Ditchek, Alexandra Sandler, William Ury

Cardozo Journal of Conflict Resolution

On March 11, 2022, the Cardozo Journal of Conflict Resolution presented the twenty-first annual International Advocate for Peace Award to William Ury. The following is a transcript of the event's speeches.

Caught By The Act: Does The Copyright Act Of 1909 Pose Legal Disasters For Modern Music?, 21 Uic Rev. Intell. Prop. L. 292 (2022), Raine Odom

UIC Review of Intellectual Property Law

No abstract provided.

Ball Never Lies: How Guaranteed Contracts Provide Nba Players More Security Than Nfl Players To Advocate For Social Justice, Matthew Epstein

University of Colorado Law Review

No abstract provided.

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.

Using The Internal Revenue Code To Limit Coaching Salaries: A Proposal To Bring Amateurism Back Into College Football, Blaire Mikesell

Indiana Law Journal

Since formal collegiate athletic competitions began in 1852, they have gained popularity and become a mainstay in American culture. This rise in popularity coupled with increased media coverage allowed college athletics, and particularly college football, to grow into a successful business that generates billions of dollars in revenue each year. Colleges and institutions earn this athletic revenue as tax-free income due to their tax-exempt status under the Internal Revenue Code § 501(c)(3) tax-exemption statute. The basic policy underlying this statute is as follows: colleges and universities provide an important benefit to the public by providing education, and in exchange for …

Blood, Sweat, Tears: A Re-Examination Of The Exploitation Of College Athletes, Keely Grey Fresh

Washington and Lee Journal of Civil Rights and Social Justice

2021 Louise Halper Award Winner for Best Student Note

The unrest revolving around compensation for college athletes is not a new concept. However, public attitudes are shifting. With spirited arguments on both sides, and the recent Supreme Court decision of National Collegiate Athletic Association v. Alston regarding antitrust exemptions, the issue has been placed in a spotlight. This Note examines the buildup of discontentment through the history of the NCAA and amateurism, specifically how the term “student-athlete” became coined. It will then move to litigation efforts by athletes in an attempt to gain employment status, and an alternative route of …

Don't Let The Digital Tail Wag The Transformation Dog: A Digital Transformation Roadmap For Corporate Counsel, Michele M. Destefano, Tellmann P. Bjarne, Daniel Wu

Articles

Due in part to the COVID-19 pandemic, enhancements in technology, as well as shifts in the macroeconomic and socioeconomic dynamics of globalization, Digital Transformation (DT) has become an enterprise-wide imperative for most multinational companies (MNCs). As a result, legal departments are being challenged to embrace enterprise DT and start their own departmental DT journeys. Despite these trends, there is little scholarship and research about how MNC legal departments are addressing the DT challenge. How are General Counsel (GCs) currently approaching DT? Is what they are doing effective and value-accretive? And importantly, how should GCs approach DT to best generate value? …

#Fintok And Financial Regulation, Nikita Aggarwal, Kaye D. Bondy Valdovinos, Christopher Odinet

Articles

Social media platforms are becoming an increasingly important site for consumer finance. This phenomenon is referred to as "FinTok, " a reference to the "#fintok" hashtag that often identifies financial content on TikTok, a popular social media platform. This Essay examines the new methodological possibilities for consumer financial regulation due to FinTok. It argues that FinTok content offers a novel and valuable source of data for identifying emerging fintech trends and associated consumer risks. As such, financial regulators should use FinTok content analysis and social media content analysis more broadly as an additional method for the supervision and regulation of …

Assessing Amateurism In College Sports, Casey E. Faucon

Articles

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 …

Tinkering With The Schoolhouse Gate: The Future Of Student Speech After Mahanoy Area School District V. B.L., Victoria R. Bonds

Loyola of Los Angeles Entertainment Law Review

When the Supreme Court last created a rule about students’ First Amendment rights, MySpace was the most popular social media platform. Students’ use of social media and technology has radically changed since then, and it is time the First Amendment case law reflects that. With the transition to online learning after the COVID-19 pandemic and overall increased reliance on technology, students need clear answers about when school officials can punish them for their social media posts.

The Supreme Court had a chance to clarify First Amendment student speech law this year in Mahanoy Area School District v. B.L., but …

Table Of Contents

Marquette Sports Law Review

No abstract provided.

Think Like Adidas: A Quantitative Analysis Of Adidas' Trademark Protection Strategies, Katie M. Brown, Natasha T. Brison

Marquette Sports Law Review

No abstract provided.

College Football: Proposals For Structural Reform And Antitrust Implications, Drew Thornley

Marquette Sports Law Review

No abstract provided.

Bosman And Beyond: How A Court Decision A Quarter Century Ago Impacted Football On And Off The Pitch, James J. Wold

Marquette Sports Law Review

No abstract provided.

The Intersection Of Trademark Law, Athletes, And Money: A "Three-Peat®", Abby R. Glaus

Marquette Sports Law Review

No abstract provided.

We've Got Spirit, But Now We Want Rights Too!, Sara A. Thurber

Marquette Sports Law Review

No abstract provided.

2021 Annual Survey: Recent Developments In Sports Law, Abby R. Glaus

Marquette Sports Law Review

No abstract provided.

Index: Sports Law In Law Reviews And Journals, Abby R. Glaus

Marquette Sports Law Review

No abstract provided.

Table Of Contents

Marquette Sports Law Review

No abstract provided.

Title Ix At Fifty: An Introduction, Paul M. Anderson

Marquette Sports Law Review

No abstract provided.

Whose Educational Opportunity?, R. Shep Melnick

Marquette Sports Law Review

No abstract provided.

The Pipeline To Title Ix, Dionne Koller

Marquette Sports Law Review

No abstract provided.