Entertainment, Arts, and Sports Law Commons^™

Corporate Governance Speech, Sarah C. Haan

Seattle University Law Review

The State has always regulated the intra-firm communications that make corporate governance possible, most commonly by mandating disclosures of information by a corporation to its shareholders. Some such laws are labeled “securities regulation,” but securities regulation is a broad category that extends to speech by actors who are outside the corporate enterprise as well. Also, the conventional securities regulation category does not capture all such laws; other examples, including informationforcing mandates, can be found in state corporate law. This Article uses the term “corporate governance speech” to describe the communications among shareholders, directors, and officers through which corporate governance is …

Dark Accounting Matter, Colleen Honigsberg

Seattle University Law Review

Physicists calculate that approximately 85% of the matter in the universe is composed of “dark matter” that “does not absorb, reflect, or emit electromagnetic radiation and is therefore difficult to detect.” The S&P 500 currently trades at a price-to-book value of 4.2, suggesting that book value accounts for less than 20% of the S&P 500’s market value. The remaining 80% appears nowhere in these firms’ balance sheets—it is invisible to contemporary accounting techniques and constitutes “dark accounting matter.”

Some “dark accounting matter” is composed of factors commonly described as components of “ESG.” Human capital, for example, is an intangible asset …

The Employees’ Dilemma: Balancing Internal Reporting, Whistleblowing, And Insider Trading Risks, Geeyoung Min

Seattle University Law Review

The Essay examines how recent developments in insider trading regulations and whistleblower reward programs can lead to unintended and counterproductive results of discouraging employees from using internal reporting channels within corporate compliance programs. While the presence of a robust and well-functioning corporate compliance program is a critical factor both in mitigating the level of public enforcement actions against companies and in protecting corporate managers from liability in private litigation, these programs often provide little incentive for employees to report potential misconduct internally.

Corporate compliance programs are designed to promote the upward information flow within the company, which is essential for …

How The Antidiscrimination Law Of Commercial Transactions Really Works, Helen Norton

Seattle University Law Review

A variety of businesses now cite 303 Creative when seeking First Amendment protection for their refusal to serve certain customers based on those customers’ protected class status. How this litigation will play out remains to be seen. But future courts need not, and should not, repeat the 303 Creative Court’s misunderstanding of how the antidiscrimination law of commercial transactions actually works.

Part I of this Essay explains the Court’s longstanding understanding of the antidiscrimination law of commercial transactions, and then describes the Court’s failure to engage with this precedent in 303 Creative. Part II then identifies the 303 Creative decision’s …

Nil Collectives And The Disadvantage Dilemma: Disparities And Challenges In Collegiate Athletics, Arianna Garcia

FIU Law Review

For a long time, the National Collegiate Athletic Association (NCAA)’s principle of amateurism, the concept that student-athletes should not profit from their name, image, and likeness (NIL) while competing in collegiate athletics, was strongly upheld. However, it quickly became a challenge for the NCAA to defend its principle of amateurism after thousands of advocates, including universities and student-athletes themselves, began to criticize the NCAA. Finally, after decades of fighting for more equitable rights for student-athletes, the NCAA made a change to its NIL Policy as a result of two major landmark cases. The NCAA, however, now faces another challenge amidst …

Collegiate Nil Collectives: Context, Structure, And Future, Matthew T. Bodie, Esdras D. Camacho

Articles

Since its inception, the NCAA has championed the principle of amateurism in college sports-the idea that collegiate athletes may not receive monetary compensation for their athletic performance. In its 2021 decision in National Collegiate Athletic Association v. Alston, however, the Supreme Court found the NCAA had violated antitrust law with its restrictions on certain benefits provided to athletes. With the possibility of much greater liability to follow, the NCAA soon thereafter enacted a radical departure from past practice, enabling athletes to profit from their names, images, and likenesses ("NIL") while maintaining their amateur status. There were important limitations on this …

Reimagining The Music Industry: In Search Of A More Perfect Union, Loren E. Mulraine -- Professor Of Law

Vanderbilt Journal of Entertainment & Technology Law

This Article challenges the long-standing accepted business model of the music industry, including recording contract terms, ownership of masters, artist recoupment, and copyright terminations. It explores the negative implications of failing to revise these methods and neglecting to create a more equitable relationship between artists and recording companies. Indeed, the music industry is an outlier from almost every commercial industry in its financing structure. As such, this Article suggests that the future industry model should include equity ownership of master recordings. It then reviews the need to revise contract terms and eliminate the unilateral options and the unduly burdensome clauses …

Making Headway On Sports Concussion: Sport-Specific Strategies For Concussion Prevention, Marcus Moore

All Faculty Publications

Concussions in sports are a significant public health concern worldwide. Concussion is a traumatic brain injury (‘TBI’) resulting from biomechanical forces transmitted to the head that disrupt normal neurological function. Globally, an estimated 69 million TBIs occur annually. Concussive effects can persist as long-term syndromes (post-concussion syndrome), or compound themselves into life-threatening emergencies (second-impact syndrome). Chronic, even subconcussive, impacts can ultimately lead to degenerative neurological conditions (chronic traumatic encephalopathy). Troublingly, to date, there remains no medical cure for concussions. Prevention is thus paramount, as well as management, to avoid the compounding of injury or dangerous complications, as noted. Sports and …

Green Dividends: A Case Study In Green Dividends And The Conditions For Private Ordering Solutions, Anne M. Tucker

Seattle University Law Review

This Essay introduces a novel private ordering solution to facilitate corporate investments in pro-social and environmental initiatives: Green dividends. Green dividends are an optional increase in shareholder dividends that are returned to the company to be reinvested in environmental initiatives or kept by a shareholder.

Green dividends pose an alternative to the current gridlocked debate that corporations can’t, won’t, shouldn’t, and shouldn’t even try to act in pro-social or environmental ways. Turning the common refrains on their head converts each narrative into an element for a successful private ordering solution: authority, accountability, shareholder buy-in, and government- backed enforcement. With Green …

Does Climate Disclosure Work To Reduce Greenhouse Gas Emissions? Emerging Evidence Suggests Cautious Optimism, Cynthia A. Williams

Seattle University Law Review

Significant regulatory resources have been spent developing global, voluntary climate and sustainability disclosure standards, such as the TCFD, TNRD, and ISSB’s Sustainability and Climate Disclosure standards, or domestically required disclosures, such as in the EU and in the U.S. Thus, it is important to evaluate whether this disclosure, particularly voluntary, qualitative disclosure, will have the power to shift the allocation of capital, will have a significant effect on the management of climate risk within firms, and ultimately will reduce climate change risk and biodiversity loss.

In this Article, several interrelated questions will be discussed. First, what does the empirical evidence …

Trouble, Trouble, Trouble: Taylor Swift, Ticketmaster, And Arbitration, Imre S. Szalai Professor Of Social Justice

Vanderbilt Journal of Entertainment & Technology Law

Through Ticketmaster’s use of arbitration and the controversy surrounding Ticketmaster’s botched sale of tickets for Taylor Swift’s The Eras Tour, this Article explores problems with the broad use of arbitration in the United States. Arbitration, a private contractual method of resolving disputes in a binding manner, is a neutral process that can provide many benefits. However, under the current broad scope of arbitration law, virtually every type of claim can be arbitrated. A more limited arbitration law could provide more robust enforcement of laws, greater accountability and transparency, and stronger development of precedent within our legal system. Stronger parties (like …

The Gym-Pire Strikes Back: Is The Eighth Circuit's Vacatur Of The Ftc's Click-To-Cancel Rule The End Of The Regulatory Workout For The Health And Fitness Industry?, Nicholas J. Christopolis

UF Law Faculty Publications

There is a broader regulatory battle in which subscription-based businesses, particularly in the health and fitness industry, are being reined in by increasingly aggressive consumer protection regimes. This Article examines this conundrum facing regulators and affected businesses in four parts. Part I explores the concept of negative option marketing, the FTC’s theory of harm and justification for promulgating the Rule in the modern subscription economy, and the compliance burdens it would have imposed on the health and fitness industry. Part II explains the pushback from the health and fitness industry that delayed enforcement, created loopholes, and helped fuel the lawsuits …

The Fox Effect? Implications Of Recruiting Corporate Law To Combat Misinformation, Lili Levi

Articles

In 2023, Fox Corporation settled U.S. Dominion’s defamation action over Fox News’ broadcast of false election fraud claims after the 2020 presidential election for the staggering sum of $787.5 million. Now, a shareholder derivative action is pending in Delaware against the company’s board of directors for breach of state corporate law fiduciary oversight duties for their failure to prevent such defamatory programming. Beyond the specifics of the case, this development portends the emergence of a new politico-legal strategy—using corporate governance requirements as a weapon to promote press accountability and combat misinformation in public discourse. The question addressed in this Essay …

The Failure Of Fcc Diversity Initiatives: A Postmortem And A Proposal, Christopher Terry, David Pritchard

Indiana Journal of Law and Social Equality

No abstract provided.

Football Club Acquisitions And The Markets They Impact, Garry A. Gabison

Marquette Sports Law Review

No abstract provided.

Masthead

Marquette Sports Law Review

No abstract provided.

2024 Annual Survey: Recent Developments In Sports Law, Joseph A. Delia, Sydney A. Hardy

Marquette Sports Law Review

No abstract provided.

Pennsylvania And Sports Law: Keys To The Keystone State, Adam Epstein

Marquette Sports Law Review

No abstract provided.

From Beginning To Center Field Spotlight: Celebrating 35 Years Of Nsli/Cas Olympic Sport & Arbitration, Richard Mclaren, Sammie Cheng

Marquette Sports Law Review

No abstract provided.

Ready, Set, Go: The Race Between The Government, The Constitution, And Racehorses, Erik L. Pedersen

Marquette Sports Law Review

No abstract provided.