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The Liv Golf V. Pga Tour Antitrust Case As A Case Study In Federal Civil Procedure, Michael J. Dube 2024 Penn State Dickinson Law

The Liv Golf V. Pga Tour Antitrust Case As A Case Study In Federal Civil Procedure, Michael J. Dube

Dickinson Law Review (2017-Present)

This Article uses LIV Golf Inc. v. PGA Tour, Inc., a sophisticated and headline-grabbing antitrust matter, as a means of instantiating federal civil procedure concepts. The first Part of this Article addresses the unsuccessful motion for a temporary restraining order that in many ways shaped how the litigation proceeded. The second Part examines the dance that is discovery through a focus on a drawn-out dispute regarding a single interrogatory. The final Part drills down on a more novel discovery dispute that began the path towards settlement, namely whether the Foreign Sovereign Immunities Act of 1976 and related common-law doctrine …


The Birth Of The Blogosphere, Glenn Harlan Reynolds 2024 University of Tennessee College of Law

The Birth Of The Blogosphere, Glenn Harlan Reynolds

Book Chapters

No abstract provided.


What The Warhol Court Got Wrong: Use As An Artist Reference And The Derivative Work Doctrine, Jessica Silbey, Eva Subotnik 2024 Boston University School of Law

What The Warhol Court Got Wrong: Use As An Artist Reference And The Derivative Work Doctrine, Jessica Silbey, Eva Subotnik

Faculty Scholarship

In Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, the Supreme Court conflated “use as an artist reference” with preparing a “derivative work.” It did so on the erroneous assumption that permission to use a copyrighted work as an artist reference is a license to prepare a derivative work. But copyright law does not necessarily deem all uses of references for making new art to be the preparation of a derivative work. In other words, not all adaptations of an original work are infringing. Some may be neither derivative works nor substantially similar copies, and some may …


Gender According To World Athletics: The Regulation Of Racialized Athletes From The Global South, Maria Dugas 2024 Dalhousie University Schulich School of Law

Gender According To World Athletics: The Regulation Of Racialized Athletes From The Global South, Maria Dugas

Dalhousie Law Journal

In March 2023, World Athletics, the regulating body for the sport of Athletics introduced The Eligibility Regulations for the Female Classification (Athletes with Differences of Sex Development). These Regulations limit participation in female Athletics events at international competition and to set world records. They require certain athletes to maintain a testosterone threshold below 2.5nmol/L, despite their naturally occurring testosterone levels. On one level, this paper is about gender regulation in sport, particularly regulating testosterone in elite, female athletes. On another level it is about power and privilege at the intersection of race, nationality, and gender. It argues that through its …


Transgender Boy Allowed To Try Out For Tennessee High School Boys' Golf Team, Emily J. Houghton, Erica J. Zonder 2024 Minnesota State University, Mankato

Transgender Boy Allowed To Try Out For Tennessee High School Boys' Golf Team, Emily J. Houghton, Erica J. Zonder

Human Performance Department Publications

The plaintiff L.E. is a transgender boy who is suing Tennessee Governor Bill Lee along with the individuals employed within the Tennessee Board of Education, and Knox County Board of Education. The lawsuit attempts to challenge SB 228, Gender in Athletics Law which was passed in 2021 in the state of Tennessee and the subsequent revised I-171 policy (L.E. v. Lee, 2021). Under SB 228, students are only allowed to compete in middle school or high school athletics in Tennessee, based on gender assigned at birth or on their birth certificate. SB 228 also dictates that each “local governing body” …


A Contemporary Analysis Of The Competition Between Athlete-Agents In The Nil Era And A Proposed Amendment To The Sports Agent Responsibility And Trust Act (Sparta), Austin Montbriand 2024 Marquette University Law School

A Contemporary Analysis Of The Competition Between Athlete-Agents In The Nil Era And A Proposed Amendment To The Sports Agent Responsibility And Trust Act (Sparta), Austin Montbriand

Marquette Sports Law Review

No abstract provided.


Table Of Contents, 2024 Marquette University Law School

Table Of Contents

Marquette Sports Law Review

No abstract provided.


Rethinking College Football Grant Of Rights Agreements, Drew Thornley, John T. Holden 2024 Marquette University Law School

Rethinking College Football Grant Of Rights Agreements, Drew Thornley, John T. Holden

Marquette Sports Law Review

No abstract provided.


Name, Image & Likeness: Three Words That Ended Amateurism Under The Ncaa -- And The Unforeseen Tax Consequences, Alan Pogroszewski, Kari Smoker 2024 Marquette University Law School

Name, Image & Likeness: Three Words That Ended Amateurism Under The Ncaa -- And The Unforeseen Tax Consequences, Alan Pogroszewski, Kari Smoker

Marquette Sports Law Review

No abstract provided.


The Image And Likeness Of Women: The Implications Of Title Ix In The Nil Era, Ana Apostoleris Rivera 2024 Marquette University Law School

The Image And Likeness Of Women: The Implications Of Title Ix In The Nil Era, Ana Apostoleris Rivera

Marquette Sports Law Review

No abstract provided.


On The Increased Prevalence Of Buyouts In College Athletics, Joshua S. Lacoste 2024 Marquette University Law School

On The Increased Prevalence Of Buyouts In College Athletics, Joshua S. Lacoste

Marquette Sports Law Review

No abstract provided.


Redressing The Eurocentric Approach Of The Court Of Arbitration For Sports To Human Rights Law, Ariel Dulitzky 2024 Marquette University Law School

Redressing The Eurocentric Approach Of The Court Of Arbitration For Sports To Human Rights Law, Ariel Dulitzky

Marquette Sports Law Review

No abstract provided.


Fairness Or Equality? Participation Of Esports Players With Disabilities In Esports Competition, Tsubasa Shinohara 2024 Marquette University Law School

Fairness Or Equality? Participation Of Esports Players With Disabilities In Esports Competition, Tsubasa Shinohara

Marquette Sports Law Review

No abstract provided.


Index: Sports Law In Law Reviews And Journals, Patrick K. Doll 2024 Marquette University Law School

Index: Sports Law In Law Reviews And Journals, Patrick K. Doll

Marquette Sports Law Review

No abstract provided.


Wii Need Clarity: A Proposed Federal Amendment To Trademark Confusion Tests Through The Lens Of Esports And Electronic Word Marks, Patrick K. Doll 2024 Marquette University Law School

Wii Need Clarity: A Proposed Federal Amendment To Trademark Confusion Tests Through The Lens Of Esports And Electronic Word Marks, Patrick K. Doll

Marquette Sports Law Review

No abstract provided.


Where To Turn? The Lack Of Anti-Discriminatory Hiring Policies To Protect Minority Coaches In Collegiate Athletics, Madeline R. Farrell 2024 Marquette University Law School

Where To Turn? The Lack Of Anti-Discriminatory Hiring Policies To Protect Minority Coaches In Collegiate Athletics, Madeline R. Farrell

Marquette Sports Law Review

No abstract provided.


What Are The Odds? A Comment On The Seminole Tribe Of Florida's Ability To Hold Exclusive Gaming Rights In Florida, Samantha Rice 2024 Marquette University Law School

What Are The Odds? A Comment On The Seminole Tribe Of Florida's Ability To Hold Exclusive Gaming Rights In Florida, Samantha Rice

Marquette Sports Law Review

No abstract provided.


2023 Annual Survey: Recent Developments In Sports Law, Patrick K. Doll 2024 Marquette University Law School

2023 Annual Survey: Recent Developments In Sports Law, Patrick K. Doll

Marquette Sports Law Review

No abstract provided.


Taylor Is First Indiana Law Student To Receive Sports Lawyers Association Student Writing Award, James Owsley Boyd 2024 Maurer School of Law - Indiana University

Taylor Is First Indiana Law Student To Receive Sports Lawyers Association Student Writing Award, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

A rising 3L at the Indiana University Maurer School of Law is one of 10 law students nationwide—and the first IU student ever— to receive the Sports Lawyers Association’s Student Writing Competition Award.

Amelia Taylor won the honors for her work “A Critical Analysis of Name, Image, and Likeness Policies and Their Implications for International Student-Athletes.”

While American student-athletes have been allowed to earn compensation through NIL deals since July 2021, international student-athletes have faced major hurdles due to immigration laws and policies.

“I chose to focus on international students’ NIL rights because this issue is often overlooked, with media …


False Start On Nil: Public And Private Law Should Treat College Athletes Like Any Other Student, Jodi Balsam 2024 Brooklyn Law School

False Start On Nil: Public And Private Law Should Treat College Athletes Like Any Other Student, Jodi Balsam

Faculty Scholarship

No abstract provided.


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