Labor and Employment Law Commons^™

Mixed Martial Artists: Challenges To Unionization, Genevieve F.E. Birren, Tyler J. Schmitt

Marquette Sports Law Review

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

Faculty Scholarship

Under the common law, employment contracts are submitted to civil courts to resolve disputes over interpretation, breach, and remedies. As an alternative, parties in labor contexts can agree to resolution by an impartial arbitrator, whose decision is reviewed deferentially by judges. Where employees are subject to rules of a private association, they are often contractually obligated to submit their claims to an internal association officer or committee; the common law provides for judicial review more limited than a civil contract but more searching than is the case for an impartial labor arbitrator. Recently, the National Football League and its players …

Panel 1: Perspectives On Transactions In Comic Books, David Gallaher, Larry Hama, Lillian Laserson, Matthew Tynan, Thomas Crowell

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Deflategate: What's The Steelworkers Trilogy Got To Do With It?, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.

Panel 2: Comic Book Jurisprudence With Q&A, Karen Berger, Lillian Laserson, Paul Levitz, Robert Sikoryak, Brett Frischmann

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Between The Hash Marks: The Absolute Power The Nfl’S Collective Bargaining Agreement Grants Its Commissioner, Eric L. Einhorn

Brooklyn Law Review

The National Football League has recently faced an onslaught of public criticism stemming from its handling of disciplinary matters over the last few years. This note engages in a comparative analysis of the disciplinary processes of the four major professional sports leagues, the National Football League (NFL), National Basketball Association (NBA), Major League Baseball (MLB), and National Hockey League (NHL), to determine why Commissioner Goodell’s disciplinary decisions have received such public criticism and have been challenged by the National Football League Players Association. While examining the cases of Tom Brady and Adrian Peterson, this note will address the question of …

Bring It On: Professional Cheerleaders Rally Against Nfl's Employment Policies, Jordan Mcgee

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Dancing Around Contracts And Business Ethics: Lessons From Arthur Murray, Daniel M. Warner

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Sports Scandals From The Top-Down: Comparative Analysis Of Management, Owner, And Athletic Discipline In The Nfl & Nba, Joshua S.E. Lee, Jaimie K. Mcfarlin

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Student-Athletes Put Full-Court Pressure On The Ncaa For Their Rights, 15 J. Marshall Rev. Intell. Prop. L. 276 (2016), Taylor Riskin

UIC Review of Intellectual Property Law

The struggle between the NCAA and student-athletes is one that will not slow down. The issue is whether the mandatory student-athlete agreement is reasonable and, further, if student-athletes should be compensated for the use of their likeness? The answers to these questions are crucial with over a century of tradition on the line. This comment analyzes the recent Ninth Circuit decision through an antitrust and right of publicity lens. Additionally, this comment proposes a solution that allows student-athletes to receive some type of compensation while the NCAA preserves amateurism.

The Student-Athlete's Right To Organize: How The United States Is Violating The International Labor Organization Constitution And Declaration Of Fundamental Rigths, Matthew Phifer

American University International Law Review

No abstract provided.

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 …

Using The Nfl As A Model? Considering Zero Tolerance In The Workplace For Batterers, Deseriee A. Kennedy

University of Baltimore Law Review

"Domestic abuse is a workplace issue. '

The impact of domestic violence can increasingly be felt in the workplace, and it can adversely affect the safety and productivity of employees. Legislators and employers have begun to recognize the effect of domestic violence on employment, and many have adopted policies to protect the interests of domestic violence survivors. This article suggests that wider adoption of domestic violence policies are needed and these policies should be broadened to directly address batterers in the workplace. The article argues that employer based sanctions would increase batterer accountability and workplace safety. It uses the newly …

The Ninth Circuit's Decision In Von Saher V. Norton Simon Museum Of Art At Pasadena: The Invocation Of The Act Of State Doctrine And Its Implications For Future Nazi-Stolen Art Claims, Erica Wolf

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Scratching The Seven-Year Itch: A Call To Reform California Labor Code Section 2855(B), Alyssa Kaplun

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Inequality, Discrimination And Sexual Violence In Us Collegiate Sports, Erin E. Buzuvis, Kristine Newhall

Faculty Scholarship

While college athletics attract thousands of participants and millions of fans each year, examination of United States college athletics reveals a pattern of inequality, discrimination and abuse, which operates to foreclose women's access and suppress women's interest in athletic participation and leadership. This Chapter examines three gender related issues of integrity in college athletics: gender discrimination in athletic participation and opportunity; barriers to leadership for women coaches and administrators; and the relationship between athletics and sexual violence at college and universities. The Chapter also identifies a number of remedies that can mitigate these problems involving the Department of Education, Congress, …

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 …

Gaming The System: The Exemption Of Professional Sports Teams From The Fair Labor Standards Act, Charlotte S. Alexander, Nathaniel Grow

Faculty Publications By Year

This article examines a little known exemption to the Fair Labor Standards Act relieving seasonal recreational or amusement employers from their obligation to pay the minimum wage and overtime. After evaluating the existing, confused case law surrounding the exemption, we propose a new, simplified framework for applying the provision. We then apply this framework to a recent wave of FLSA lawsuits brought by cheerleaders, minor league baseball players, and stadium workers against professional sports teams. The article concludes by considering the policy implications of exempting this class of employers from the FLSA's wage and hour requirements.

The End Of An Era: The Mounting Challenges To The Ncaa’S Model Of Amateurism, John Niemeyer

Pepperdine Law Review

In the six years between 2006 and 2012, the National Collegiate Athletic Association (NCAA), a nonprofit organization made up of universities, doubled its net assets to its current, unprecedented level of over $566 million. In 2012 alone, the organization retained a $71 million surplus after it disbursed a majority of its revenue to the NCAA member universities. It was able to make this much money largely because of the television revenue earned from the highly popular and entertaining sports of men’s football and men’s basketball. One would think that if a nonprofit organization could retain $71 million at the end …

"Juuuussst A Bit Outside": A Look At Whether Mlb Owners Can Justify Paying Minor Leaguers Below Minimum Wage Without Violating The Fair Labor Standards Act, Mark Stanton

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Preparing For Another Round Of Collective Bargaining In The National Basketball Association, Scott Bukstein

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Kicking Away Responsibility: Fifa's Role In Response To Migrant Worker Abuses In Qatar's 2022 World Cup, Azadeh Erfani

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Varsity Blues: Student Athlete Unionization Is The Wrong Way Forward To Reform Collegiate Athletics, Michael P. Cianfichi

Maryland Law Review

No abstract provided.

Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca

Law Faculty Scholarship

Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further guidance on …

From The Seat Of The Chair: An Insider’S Perspective On Ncaa Student-Athlete Voices, Scott Krapf

Indiana Law Journal

This Article explains how student-athletes already have a significantly influential voice. The Author calls upon his personal experience as a former Division I student-athlete and Chair of the NCAA Division I National Student-Athlete Advisory Committee to show that student athletes are capable of effectuating change by expressing themselves through existing means, rather than unionization.

Principles Of Contract Law Applied To Entertainment And Sports Contracts: A Model For Balancing The Rights Of The Industry With Protecting The Interests Of Minors, John H. Shannon, Richard J. Hunter Jr.

Loyola of Los Angeles Law Review

This Article discusses the context of common law and statutory materials dealing with minors who participate in the entertainment and sports fields. The Article describes the changes undertaken as a result of several notorious cases involving prominent child actors, and how the California legislature dealt with issues ranging from set asides of income, approval of contracts by a competent court of jurisdiction, recognition of the legitimate interests of all parties to the contract, to principles under which a minor would be precluded from disaffirming a contract. The Article then applies and extends the principles developed in entertainment contracts to minors …

Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca

Akron Law Faculty Publications

Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further guidance on …

"Is That Me I See On The Tv?" An Analysis Of The O'Bannon Decision, Zachary S. Beal

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Athletic Compensation For Women Too? Title Ix Implications Of Northwestern And O'Bannon, Erin E. Buzuvis

Faculty Scholarship

The NCAA has been relying on Title IX requirements to defend its polices prohibiting compensation for college athletics; it argues that paying athletes in revenue sports, coupled with the commensurate obligation under Title IX to pay female athletes, would be prohibitively expensive.

As a response to the NCAA’s argument, the Author seeks to advance two positions: first, that Title IX would, as argued by the NCAA, require payment of female athletes using some measure of equality; and second, that it is not Title IX that renders the prospect of athlete compensation cost prohibitive, but rather, the fact that college athletics …

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 …