Entertainment, Arts, and Sports Law Commons^™

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

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

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

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

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

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

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

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

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

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

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

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

William & Mary Bill of Rights Journal

No abstract provided.

“Meet Me Halfway”: Arm Wrestling And The Law, Thomas M. Byron

Pace Intellectual Property, Sports & Entertainment Law Forum

Most law review articles are very serious, and with good reason. They discuss important, world-changing matters like the role and magnitude of executive power, the limits of Constitutional rights, the boundaries of international law, and the vagaries of civil procedure. This Article has no such world-changing or reverent pretentions; it instead takes a light-hearted view of a fairly marginal legal topic: arm wrestling. To provide a spine for the discussion, the Article leans heavily on the 1980s movie Over the Top – a movie about arm wrestling, trucking, and child custody - to provide examples of arm wrestling content with …

Don’T Get Slammed Into Nefer Nefer Land: Complaints In The Civil Forfeiture Of Cultural Property, Victoria A. Russell

Pace Intellectual Property, Sports & Entertainment Law Forum

The Saint Louis Art Museum, known as SLAM, acquired the mask of Ka-Nefer-Nefer in 1998. Eight years later, the Egyptian Supreme Council of Antiquities called for its return on the grounds that it had been stolen from the Egyptian Museum in Cairo. SLAM refused. In 2011, the case went before the United States District Court for the Eastern District of Missouri to determine the ownership of the mask. Perhaps to the surprise of many, the court decided that the mask belongs in Saint Louis.

This Article will explain how this case was properly decided, albeit on a legal technicality. It …

Shutting Down The Pharmacy On Wheels: Will Lance Armstrong’S Admission Impact The Practice Of Doping In Professional Cycling?, Kristina Fretwell

Pace Intellectual Property, Sports & Entertainment Law Forum

Lance Armstrong was one of the sport’s greatest heroes and his doping admission shook the American public to its core. Although professional cyclists are sanctioned for violating anti-doping rules on an almost regular basis, the investigation and lifetime ban of Lance Armstrong highlighted the serious problems facing the sport. Increased efforts to police drug use in cycling appear to be ineffective; however, as Armstrong’s situation may reveal, private law-suits have the potential to serve as a new and additional deterrent to cheating in the future.

The aftermath of Armstrong’s admission has led to bickering of the major regulatory agencies, leading …

I’M The One Making The Money, Now Where’S My Cut? Revisiting The Student-Athlete As An “Employee” Under The National Labor Relations Act, John J. Leppler

Pace Intellectual Property, Sports & Entertainment Law Forum

This Article argues why the National Collegiate Athletic Association’s (NCAA) Big-Time Division I College Football and Men’s Basketball student-athletes are legally “employees” and why these student-athletes are inadequately compensated for their revenue-producing skills.

Part II of this Article sets forth the common law “right of control” test and the National Labor Relation Act’s (NLRA) special statutory test for students in a university setting, and shows how the National Labor Relations Board (NLRB) and the judiciary determine whether a particular person, specifically a university student, meets these standards and is legally an “employee”. Moreover, the NCAA asserts it does not have …

New York’S Taxable Lap Dancing …At A Strip Club Near You!, Harvey Gilmore

Pace Intellectual Property, Sports & Entertainment Law Forum

In today’s difficult economic times, state governments are more hard pressed than ever to come up with new sources of revenue to at least stay revenue neutral. Leave it to the perpetually money-hungry State of New York to come up with this gem of an idea for generating tax revenues: In 2005, the New York State Department of Taxation and Finance attempted to impose sales tax on a nightclub’s offering of exotic dancing to its customers. This resulted in one nightclub instigating a legal challenge to the state’s attempt to impose sales taxes on exotic dancing. This resulted in the …

Pace Intellectual Property, Sports & Entertainment Law Forum, Volume 4, Issue 1, Winter 2014

Pace Intellectual Property, Sports & Entertainment Law Forum

Thank you for downloading the first digital edition of the Pace Intellectual Property, Sports & Entertainment Law Forum. As you scroll through the pages of this issue, you may notice the Forum has a new look. Recognizing the significant advancements in technology that have revolutionized the legal field in the past few years, the Volume 4 Editorial Board sought to update and adapt the Forum to be accessible digitally, formatting the issue for tablets and e-readers. As you read, take advantage of clickable Tables of Contents and links to online sources throughout the issue.

Title Ix And The Dear Colleague Letter: An Ounce Of Prevention Is Worth A Pound Of Cure, Nick Rammell

Brigham Young University Education and Law Journal

No abstract provided.