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Dropping The Ball: The Failure Of The Ncaa To Address Concussions In College Football, K. Adam Pretty 2014 Notre Dame Law School

Dropping The Ball: The Failure Of The Ncaa To Address Concussions In College Football, K. Adam Pretty

Notre Dame Law Review

Part I of this Note will examine the medical history of concussions, and the growing link between concussions suffered by football players and the development of long-term head injuries. Part II will discuss factors that exacerbate the concussion problem in football, as well as examine how the head injury issue is being addressed by the NCAA, the National Football League (NFL), and state legislatures. Part III will examine the NCAA’s duty to protect student-athlete safety in light of the ongoing litigation against the NCAA, specifically the potential scope of legal liability for head injuries. Part IV will focus on what …


Do You Believe He Can Fly? Royce White And Reasonable Accommodations Under The Americans With Disabilities Act For Nba Players With Anxiety Disorder And Fear Of Flying, Michael A. McCann 2014 Pepperdine University

Do You Believe He Can Fly? Royce White And Reasonable Accommodations Under The Americans With Disabilities Act For Nba Players With Anxiety Disorder And Fear Of Flying, Michael A. Mccann

Pepperdine Law Review

This Article examines the legal ramifications of Royce White, a basketball player with general anxiety disorder and obsessive compulsive disorder, playing in the NBA. White's conditions cause him to have a fear of flying, thus making it difficult to play in the NBA. This subject is without precedent in sports law and, because of the unique aspects of an NBA playing career, lacks clear analogy to other employment circumstances. This dispute also illuminates broader legal and policy issues in the relationship between employment and mental illness. This Article argues that White would likely fail in a lawsuit against an NBA …


Foot Faults In Crunch Time: Temporal Variance In Sports Law And Antitrust Regulation, Jeffrey Standen 2014 Pepperdine University

Foot Faults In Crunch Time: Temporal Variance In Sports Law And Antitrust Regulation, Jeffrey Standen

Pepperdine Law Review

No abstract provided.


The Penn State "Consent Decree": The Ncaa's Coercive Means Don't Justify Its Laudable Ends, But Is There A Legal Remedy?, Matthew J. Mitten 2014 Pepperdine University

The Penn State "Consent Decree": The Ncaa's Coercive Means Don't Justify Its Laudable Ends, But Is There A Legal Remedy?, Matthew J. Mitten

Pepperdine Law Review

No abstract provided.


Head Injuries, Student Welfare, And Saving College Football: A Game Plan For The Ncaa, Rodney K. Smith 2014 Pepperdine University

Head Injuries, Student Welfare, And Saving College Football: A Game Plan For The Ncaa, Rodney K. Smith

Pepperdine Law Review

This article sets forth a challenging but viable game plan for protecting the health and well-being of intercollegiate football players. Acting proactively will help revitalize the NCAA's brand of competitive, student-centered athletics. This article consists of three parts: The Problem of Head Injuries in College Football; Solving the Problem of Head Injuries in College Football; and Conclusion.


A Modest Proposal For Taming The Antitrust Beast, Gabe Feldman 2014 Pepperdine University

A Modest Proposal For Taming The Antitrust Beast, Gabe Feldman

Pepperdine Law Review

No abstract provided.


An Antitrust Exemption For The Ncaa: Sound Policy Or Letting The Fox Loose In The Henhouse?, Daniel E. Lazaroff 2014 Pepperdine University

An Antitrust Exemption For The Ncaa: Sound Policy Or Letting The Fox Loose In The Henhouse?, Daniel E. Lazaroff

Pepperdine Law Review

This Article focuses on the issues presented by the debate over granting the NCAA an exemption from federal antitrust law. Part II briefly describes the history of antitrust litigation involving the NCAA. Part III discusses some of the proposals for affording some type of antitrust immunity to the NCAA. Part IV explains the rationales utilized for some of the numerous antitrust exemptions Congress and the Supreme Court have created for some businesses and forms of commercial activity. Part V addresses the question of whether any of those rationales justifies providing the NCAA with a legislative or judicial antitrust exemption and …


Symposium Introduction: The New Normal In College Sports: Realigned And Reckoning, Maureen A. Weston 2014 Pepperdine University

Symposium Introduction: The New Normal In College Sports: Realigned And Reckoning, Maureen A. Weston

Pepperdine Law Review

On Friday, April 5, 2013, Pepperdine University School of Law in Malibu, California convened the Pepperdine Law Review Symposium on The New Normal in College Sports: Realigned and Reckoning. Highlights included a conversation with institutional leaders of major intercollegiate athletic programs; a consideration of the possibility of an antitrust exemption for the NCAA; the impact of conference realignment, digital media, broadcasting, and commercialization; and other emerging hot topics in college sports.


American Broadcasting Cos. V. Aereo, Inc.: Brief Of 36 Intellectual Property And Copyright Law Professors As Amici Curiae In Support Of Respondent, Jessica Litman 2014 University of Michigan Law School

American Broadcasting Cos. V. Aereo, Inc.: Brief Of 36 Intellectual Property And Copyright Law Professors As Amici Curiae In Support Of Respondent, Jessica Litman

Appellate Briefs

Amici curiae are law professors who teach and write about intellectual property and copyright law at law schools, colleges, and universities throughout the United States and Canada. We have no personal stake in the outcome of this case; our interest is in seeing that copyright law is applied in a manner most likely to fulfill its Constitutional mandate "to promote the Progress of Science," taking into account both the protections afforded to and the obligations imposed upon copyright holders and users of copyrighted works.


Sticking The Landing: How The Second Circuit's Decision In Biediger V. Quinnipiac Univ. Can Help Competitive Cheerleading Achieve "Sport" Status Under Title Ix, Jacqueline R. Liguori 2014 Villanova University Charles Widger School of Law

Sticking The Landing: How The Second Circuit's Decision In Biediger V. Quinnipiac Univ. Can Help Competitive Cheerleading Achieve "Sport" Status Under Title Ix, Jacqueline R. Liguori

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.


The Ncaa's Transfer Of Power: An Analysis Of The Future Implications The Proposed Ncaa Transfer Rules Will Have On The Landscape Of College Sports, Matthew R. Cali 2014 Villanova University Charles Widger School of Law

The Ncaa's Transfer Of Power: An Analysis Of The Future Implications The Proposed Ncaa Transfer Rules Will Have On The Landscape Of College Sports, Matthew R. Cali

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.


Atwater V. Nflpa: Casting Doubt On The Effect Of Exculpatory Language In Collective Bargaining Agreements, Timothy L. Kianka 2014 Villanova University Charles Widger School of Law

Atwater V. Nflpa: Casting Doubt On The Effect Of Exculpatory Language In Collective Bargaining Agreements, Timothy L. Kianka

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.


Achieving Gender Equity Under Title Ix For Girls From Minority, Urban, Rural, And Economically Disadvantaged Communities, Kenneth D. Ferguson 2014 University of Missouri - Kansas City, School of Law

Achieving Gender Equity Under Title Ix For Girls From Minority, Urban, Rural, And Economically Disadvantaged Communities, Kenneth D. Ferguson

Faculty Works

Unless middle school and high school girls in urban, rural, and minority communities are given the opportunities to participate in the emerging women’s sports, gender equity is being only facially achieved because Title IX requirements are implemented without specific regard to detrimental impacts on the aforementioned subgroups. This Article will consider the intersection of race, gender, economic status, and community characteristics with sports participation for girls in grades K-12 and will argue that there are two categories of intentional discrimination that are both actionable under Title IX. The first is direct discrimination by a perpetrator of the discrimination — the …


Alleging An Anticompetitive Impact On A Discernible Market: Changing The Antitrust Landscape For Collegiate Athletics, Randy Haight 2014 Villanova University Charles Widger School of Law

Alleging An Anticompetitive Impact On A Discernible Market: Changing The Antitrust Landscape For Collegiate Athletics, Randy Haight

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.


Interview - Nfl Concussion Litigation Resolved: Inside The Settlement With Plaintiff's Co-Lead Counsel, Sol Weiss, Sol Weiss, Andrew Brandt 2014 Anapol Weiss

Interview - Nfl Concussion Litigation Resolved: Inside The Settlement With Plaintiff's Co-Lead Counsel, Sol Weiss, Sol Weiss, Andrew Brandt

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.


There's A New Sheriff In Town: Commissioner-Elect Adam Silver & The Pressing Legal Challenges Facing The Nba Through The Prism Of Contraction, Adam G. Yoffie 2014 Villanova University Charles Widger School of Law

There's A New Sheriff In Town: Commissioner-Elect Adam Silver & The Pressing Legal Challenges Facing The Nba Through The Prism Of Contraction, Adam G. Yoffie

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.


Remember The Titan: Matthews V. Nfl Leaves The Playing Field Wide Open For Future Compensation Claimants, Angela Casey Brosnan 2014 Villanova University Charles Widger School of Law

Remember The Titan: Matthews V. Nfl Leaves The Playing Field Wide Open For Future Compensation Claimants, Angela Casey Brosnan

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.


"Half Mental": Resolving The Risks Posed By Dual Competencies In Applied Sport Psychology, Francis X. Baker 2014 Villanova University Charles Widger School of Law

"Half Mental": Resolving The Risks Posed By Dual Competencies In Applied Sport Psychology, Francis X. Baker

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.


Forced Turnovers: Using Eminent Domain To Build Professional Sports Venues, Peter Montine 2014 University of Washington School of Law

Forced Turnovers: Using Eminent Domain To Build Professional Sports Venues, Peter Montine

Washington Journal of Law, Technology & Arts

If a city wants to keep a professional sports team within its borders, can that city use the power of eminent domain to do so? Although cities have not been able to successfully condemn the actual sports franchises within their respective cities, they have been successful in condemning land for the development of new sports venues intended to entice their teams to stay. In 2005, the City of Arlington, Texas invoked the power of eminent domain to condemn and destroy houses to make room for the Dallas Cowboys’ new stadium. In 2006, New York City used eminent domain on land …


Rauschenberg, Royalties, And Artists' Rights: Potential Droit De Suite Legislation In The United States, M. Elizabeth Petty 2014 William & Mary Law School

Rauschenberg, Royalties, And Artists' Rights: Potential Droit De Suite Legislation In The United States, M. Elizabeth Petty

William & Mary Bill of Rights Journal

No abstract provided.


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