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In A League Of Her Own: Why Female Student-Athletes Are Poised To Win Big In The Nil Era With A Properly Crafted Federal Law, Anna G. Williams 2023 West Virginia University College of Law

In A League Of Her Own: Why Female Student-Athletes Are Poised To Win Big In The Nil Era With A Properly Crafted Federal Law, Anna G. Williams

West Virginia Law Review

No abstract provided.


Now Streaming: How Streaming Services Are Following In The Antitrust Footsteps Of Hollywood’S Golden Age, Megan Elizabeth Norris 2023 University of Miami School of Law

Now Streaming: How Streaming Services Are Following In The Antitrust Footsteps Of Hollywood’S Golden Age, Megan Elizabeth Norris

University of Miami Business Law Review

The entertainment industry is undergoing quite the transformation following the recent termination of the Paramount Consent Decrees, which effectively regulated the industry to prevent monopolization and promote competition for almost a century. The industry now faces a drastic surge in the utilization of streaming services and a new wave of antitrust issues.

“With great power comes great responsibility;” however, the dominant streaming companies in the industry have raised suspicion about emerging anticompetitive concerns. While long overdue, the termination of the Paramount Consent Decrees leaves a gaping hole in antitrust policy regarding the nuanced business practice of streaming platforms. Existing antitrust …


The Demise Of The Hub-And-Spoke Cartel And The Rise Of The Student Athlete: A Significant Step Toward A New Era Of Conferences In Ncaa V. Alston, Brandon Posivak 2023 University of Miami Law School

The Demise Of The Hub-And-Spoke Cartel And The Rise Of The Student Athlete: A Significant Step Toward A New Era Of Conferences In Ncaa V. Alston, Brandon Posivak

University of Miami Business Law Review

The NCAA is not above the law. On June 21, 2021, the Supreme Court unanimously held in NCAA v. Alston that the NCAA’s student-athlete compensation restrictions violated § 1 of the Sherman Act, and student athletes may now obtain education-related benefits from their name, image, and likeness (NIL). The Court’s holding marked the first time the NCAA’s compensation restrictions failed antitrust scrutiny under the Rule of Reason analysis, but by limiting its holding to education-related benefits, the Court refused to open the floodgates to all forms of NIL compensation. Within its holding, the Court notably rejected the NCAA’s procompetitive argument …


Masthead, 2023 University of California, Hastings College of the Law

Masthead

Hastings Communications and Entertainment Law Journal

No abstract provided.


Ea Sports: It’S In The Federal Legislation, Gia Silahian 2023 University of California, Hastings College of the Law

Ea Sports: It’S In The Federal Legislation, Gia Silahian

Hastings Communications and Entertainment Law Journal

No abstract provided.


Generative And Ai Authored Artworks And Copyright Law, Michael D. Murray 2023 University of California, Hastings College of the Law

Generative And Ai Authored Artworks And Copyright Law, Michael D. Murray

Hastings Communications and Entertainment Law Journal

No abstract provided.


Welcome To Web 3.0: A Reevaluation Of Music Licensing And Consumption To Level The Payment Imbalance For Songwriters, Chelsea Cohen 2023 University of California, Hastings College of the Law

Welcome To Web 3.0: A Reevaluation Of Music Licensing And Consumption To Level The Payment Imbalance For Songwriters, Chelsea Cohen

Hastings Communications and Entertainment Law Journal

For decades, songwriters have been short changed in their music royalties and copyright splits. This Note explores the historical inequity between songwriters and their counterparts—labels and recording artists—in royalty receipts, and potential methods by which this wrong may be righted in the next iteration of the internet, Web 3.0. Battles of the past can serve as a frame of reference in evaluating how songwriters will be compensated in Web 3.0. Tech companies cannot have a free pass to disregard licensing laws in the name of fast profits. This Note analyzes how music will be consumed and profited off of in …


Formula Unjust: What Formula One Can Learn From The American Justice System To Improve Stewarding, Apratim Vidyarthi 2023 University of California, Hastings College of the Law

Formula Unjust: What Formula One Can Learn From The American Justice System To Improve Stewarding, Apratim Vidyarthi

Hastings Communications and Entertainment Law Journal

Formula One (F1), the highest form of motorsport, is one of the fastest-growing sports in the United States, attracting millions of viewers and billions of dollars in investment and prize money. But recent events in F1 have raised questions about the fairness of the sport. This Article contends that the current system of officiating creates unfair outcomes, because officials have overwhelming discretion to make pivotal decisions that significantly impact the outcome of races, and because penalties are applied inconsistently and cannot be appealed. Given the increased professionalization of F1 and the high financial stakes involved, these problems need to be …


The Culture War Over Girls' Sports: Understanding The Argument For Transgender Girls' Inclusion, Kimberly A. Yuracko 2022 Villanova University Charles Widger School of Law

The Culture War Over Girls' Sports: Understanding The Argument For Transgender Girls' Inclusion, Kimberly A. Yuracko

Villanova Law Review

No abstract provided.


Freeports: An Introduction To The Next Battleground Of International Tax Avoidance, Charles F. Whitten 2022 Saint Louis University School of Law

Freeports: An Introduction To The Next Battleground Of International Tax Avoidance, Charles F. Whitten

SLU Law Journal Online

Freeports, special zones that offer favorable tax policies to goods being housed therein, are quietly and quickly becoming a favored investment tactic used by the ultra-wealthy. In this article, Charles F. Whitten discusses how freeport expansion threatens to unravel international efforts to combat tax avoidance and money laundering.


The Future Of College Sports After Alston: Reforming The Ncaa Via Conditional Antitrust Immunity, Nathaniel Grow 2022 William & Mary Law School

The Future Of College Sports After Alston: Reforming The Ncaa Via Conditional Antitrust Immunity, Nathaniel Grow

William & Mary Law Review

In June 2021, a unanimous U.S. Supreme Court issued its eagerly anticipated decision in National Collegiate Athletic Association v. Alston, ruling for the first time that NCAA rules governing student-athlete eligibility are subject to full scrutiny under federal antitrust law. Although the immediate impact of the Alston decision was rather modest—merely requiring the NCAA to allow its schools to compete by offering prospective players education-related benefits such as laptop computers and stipends for future graduate-level study—the Court hinted that it was prepared to extend the logic of this ruling much further, calling into question the legality of the NCAA’s …


Reshaping College Athlete Sports Betting Education, Becky Harris, John T. Holden 2022 Brigham Young University Law School

Reshaping College Athlete Sports Betting Education, Becky Harris, John T. Holden

BYU Law Review

Legal sports wagering has been rapidly expanding across the United States since 2018. In the wake of the Supreme Court's Murphy decision, more than twenty five states have legalized sports betting and billions of dollars have followed the cascades of legalization. As the legal market continues to grow, professional sports leagues have been quick to embrace the regulated expansion, but the National Collegiate Athletic Association (NCAA) has not changed their steadfast opposition. Despite the NCAA's vehement opposition, the organization has seemed to gain little traction in getting states to either wholly exclude wagering on collegiate sports or getting the federal …


The Supreme Court Gets The Ball Rolling: Ncaa V. Alston And Title Ix, Arianna Banks 2022 Northwestern Pritzker School of Law

The Supreme Court Gets The Ball Rolling: Ncaa V. Alston And Title Ix, Arianna Banks

Northwestern University Law Review

Student-athlete compensation has been a consistent topic of controversy over the past few years, as critics question the legitimacy of the NCAA’s notion of amateurism and proponents favor the status quo. The Supreme Court decision in NCAA v. Alston has only served to intensify the debate, opening the door to alternative compensation structures. Despite a unanimous ruling in favor of the athletes, the limited holding of the case has only produced further questions. In his scathing concurrence, Justice Kavanaugh raises one such question: how does a student-athlete compensation structure comply with Title IX? This Comment seeks to address that question …


Sohm Starz Will Never Align: How The Split Between The 2nd And 9th Circuits Will Impact Damages In Copyright Cases, Candace Sundine 2022 LMU Loyola Law School, Los Angeles

Sohm Starz Will Never Align: How The Split Between The 2nd And 9th Circuits Will Impact Damages In Copyright Cases, Candace Sundine

Loyola of Los Angeles Entertainment Law Review

The Second Circuit and the Ninth Circuit are currently divided on the issue of how far back a copyright owning plaintiff in a copyright infringement can collect in damages against a continuing infringer. The Second Circuit states that the Copyright Act’s three-year statute of limitations and the discovery rule only permit plaintiffs to collect damages three years back from the date they bring their infringement action. However, the Ninth Circuit states that the three-year statute of limitations is only concerned with the timing in which a plaintiff brings her infringement action, and that she can recover all of the damages …


Patching Up Problems: The Predicted Impact Of The Music Modernization Act's Random Judicial Assignment On Public Performance Licensing Rates, Lindsay Meisels 2022 LMU Loyola Law School, Los Angeles

Patching Up Problems: The Predicted Impact Of The Music Modernization Act's Random Judicial Assignment On Public Performance Licensing Rates, Lindsay Meisels

Loyola of Los Angeles Entertainment Law Review

As emphasized by the European Commission Vice President for the Digital Single Market, “the way people enjoy culture and entertainment has completely changed- and this is good. But it is important that we don’t leave creators in the cold.” In response to pleas from songwriters, publishers and performing rights organizations (“PROs”) to allow free-market bargaining for public performance licenses of the PROs’ members’ musical compositions, the unanimously passed Orrin G. Hatch-Bob Goodlatte Music Modernization Act (“MMA”) was signed into law on October 11, 2018. Title I of the MMA, the Musical Works Modernization Act (“MWMA”), strives to alleviate several concerns …


Countering Personalized Speech, Leon G. Ho 2022 Northwestern Pritzker School of Law

Countering Personalized Speech, Leon G. Ho

Northwestern Journal of Technology and Intellectual Property

Social media platforms use personalization algorithms to make content curation decisions for each end user. These personalized recommendation decisions are essentially speech conveying a platform's predictions on content relevance for each end user. Yet, they are causing some of the worst problems on the internet. First, they facilitate the precipitous spread of mis- and disinformation by exploiting the very same biases and insecurities that drive end user engagement with such content. Second, they exacerbate social media addiction and related mental health harms by leveraging users' affective needs to drive engagement to greater and greater heights. Lastly, they erode end user …


Out Of The Octagon And Into The Courtroom: The Ufc’S Antitrust Lawsuit, John Milas 2022 DePaul University College of Law

Out Of The Octagon And Into The Courtroom: The Ufc’S Antitrust Lawsuit, John Milas

DePaul Journal of Sports Law

No abstract provided.


The First Step: Student-Athletes Finally Get The Right To Be Compensated For Their Names, Images, And Likenesses, Joseph Ranieri 2022 DePaul University College of Law

The First Step: Student-Athletes Finally Get The Right To Be Compensated For Their Names, Images, And Likenesses, Joseph Ranieri

DePaul Journal of Sports Law

No abstract provided.


From Bet Slips To Bank Accounts: The Federal Legalization Of Sports Betting, Brandon Grant 2022 DePaul University College of Law

From Bet Slips To Bank Accounts: The Federal Legalization Of Sports Betting, Brandon Grant

DePaul Journal of Sports Law

No abstract provided.


The Employment Status Of The Twenty-First Century Ncaa Collegiate Athlete: An Evaluation Of The Fair Labor Standards Act And The National Labor Relations Act, Danielle L. Kennebrew 2022 Wayne State University Law School

The Employment Status Of The Twenty-First Century Ncaa Collegiate Athlete: An Evaluation Of The Fair Labor Standards Act And The National Labor Relations Act, Danielle L. Kennebrew

DePaul Journal of Sports Law

Many individuals believe that the twenty-first century NCAA collegiate athlete should not be classified as an employee of their respective universities due to the longstanding tradition of amateurism governing collegiate athletics. However, such a proposition does not analysis the statutory test articulated by the Fair Labor Standards Act (FLSA) and the National Labor Relations Act (NLRA) when determining a worker’s employment statues. Upon review of the economic realities test utilized by the FLSA and the common-law agency test utilized by the NLRB, there are strong arguments for collegiate athletes holding employee status resulting from the compensation they receive in the …


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