The Ncaa's Special Relationship With Student-Athletes As A Theory Of Liability For Concussion-Related Injuries,
2020
University of Michigan Law School
The Ncaa's Special Relationship With Student-Athletes As A Theory Of Liability For Concussion-Related Injuries, Tezira Abe
Michigan Law Review
The National Collegiate Athletic Association (NCAA) is the primary governing body of college athletics. Although the NCAA proclaims to protect student-athletes, an examination of its practices suggests that the organization has a troubling history of ignoring the harmful effects of concussions. Over one hundred years after the NCAA was established, and seventy years after the NCAA itself knew of the potential effects of concussions, the organization has done little to reduce the occurrence of concussions or to alleviate the potential effects that stem from repeated hits to the head. This Note argues for recognizing a special relationship between the NCAA …
Law Library Blog (April 2020): Legal Beagle's Blog Archive,
2020
Roger Williams University
Law Library Blog (April 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Contract's Revenge: The Waiver Society And The Death Of Tort,
2020
Yale Law School
Contract's Revenge: The Waiver Society And The Death Of Tort, Ryan Martins, Shannon Price, John Fabian Witt
Cardozo Law Review
No abstract provided.
Let The Kids Play: How College Athletes Can Use California's Prohibition On Noncompete Clauses To Circumvent The Ncaa's Year-In Residence Rule,
2020
Villanova University Charles Widger School of Law
Let The Kids Play: How College Athletes Can Use California's Prohibition On Noncompete Clauses To Circumvent The Ncaa's Year-In Residence Rule, Matt Stauser
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
We Are Guilty Of Falling Victim To A Hierarchy Reporting System: The Prosecution Of Sideline Players In The Pennsylvania State University Football Sexual Assault Scandal,
2020
Villanova University Charles Widger School of Law
We Are Guilty Of Falling Victim To A Hierarchy Reporting System: The Prosecution Of Sideline Players In The Pennsylvania State University Football Sexual Assault Scandal, Caroline Fitzgerald
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Transgender Athletes And Title Ix: An Uncertain Future,
2020
Villanova University Charles Widger School of Law
Transgender Athletes And Title Ix: An Uncertain Future, Julie Tamerler
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
At What Cost? Analyzing The Standing Element Of The Racketeer Influenced And Corruption Organizations Act (Rico) In Response To Evans V. Arizona Cardinals Football Club,
2020
Villanova University Charles Widger School of Law
At What Cost? Analyzing The Standing Element Of The Racketeer Influenced And Corruption Organizations Act (Rico) In Response To Evans V. Arizona Cardinals Football Club, Catherine Desilvester
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
A Slam Dunk For States' Rights: The Impact On Constitutional Federalism And Federal Regulations Following The Supreme Court In Murphy V. Ncaa,
2020
Villanova University Charles Widger School of Law
A Slam Dunk For States' Rights: The Impact On Constitutional Federalism And Federal Regulations Following The Supreme Court In Murphy V. Ncaa, Christopher Bret Alexander
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
The Safest Bet: A Comprehensive Review Of The Fall Of Paspa And The Rise Of Sports Betting,
2020
University of Miami Law School
The Safest Bet: A Comprehensive Review Of The Fall Of Paspa And The Rise Of Sports Betting, Daniel Boswell
University of Miami Business Law Review
In May of 2018, the United States Supreme Court held in Murphy v. National Collegiate Athletic Association that a federal prohibition on sports gambling was in violation of the anti-commandeering doctrine of the Tenth Amendment. In the wake of the decision, many commentators have opined that the opinion, authored by Justice Alito, may have serious implications on contentious political issues ranging from marijuana legalization to sanctuary cities. While the decision left state legislatures with the authority to permit sports gambling, it did not affirmatively close the door on federal oversight—a topic of much recent debate. This note will explore potential …
Enemy Of The People: The Ghost Of The F.C.C. Fairness Doctrine In The Age Of Alternative Facts,
2020
Texas A&M University School of Law
Enemy Of The People: The Ghost Of The F.C.C. Fairness Doctrine In The Age Of Alternative Facts, Ian Klein
Student Scholarship
The FCC Fairness Doctrine required that all major broadcasting outlets spend equal time covering both sides of all controversial issues of national importance. The Fairness Doctrine remained the standard for decades before it stopped being enforced during the Reagan administration, and was removed from the Federal Register during the Obama administration. Since the Fairness Doctrine’s disappearance, the perception by conservatives and progressives alike has been that major media outlets display overt biases towards one political affiliation or the other. As it becomes harder to determine real news from “fake news,” Americans’ trust in media is at an all-time low. An …
When To Walk Away And When To Risk It All,
2020
Vanderbilt University Law School
When To Walk Away And When To Risk It All, W. Kip Viscusi, Scott Deangelis --
Vanderbilt Law School Faculty Publications
While one might expect athletes to be strongly averse to extending their career too long when there is a chance of losing everything due to a concussion or a catastrophic injury, experimental subjects consistently played longer than the optimal amount for risk-neutral decisions. A commitment to the length of play in advance, as in the case of long-term contracts, led to a greater chance of staying beyond the expected payoff-maximizing point. If the decision frame is altered so that decisions are made in each period rather than through an upfront commitment, the magnitude of potential losses is more evident.
The Clash Between Terrestrial And Digital Radio: Pinned By The Music Modernization Act,
2020
Seattle University School of Law
The Clash Between Terrestrial And Digital Radio: Pinned By The Music Modernization Act, Dianlyn Cenidoza
Seattle University Law Review
Copyright law, specifically music licensing, has long been outdated due to changes in the way people listen to music. With the proliferation of technology, listeners can now enjoy music via channels that did not exist just a few decades ago. As a consequence, music creators have faced years of economic inequality. Songwriters, artists, and musicians have fought a long, and often fruitless, battle for justice—legislation that would change music law for the better has continuously been struck down. However, in 2018, the Music Modernization Act (MMA) was signed into law, representing a battle won for music creators. This Comment will …
The Advantages Of Incorporating Mechanisms From The Salary Arbitration Models Of Mlb And The Nhl In A Salary Arbitration System In Mls,
2020
Pepperdine University
The Advantages Of Incorporating Mechanisms From The Salary Arbitration Models Of Mlb And The Nhl In A Salary Arbitration System In Mls, Andrew Real
Pepperdine Dispute Resolution Law Journal
This article will propose that Major League Soccer adopt a salary arbitration system similar to that used in both Major League Baseball and the National Hockey League. MLS should emulate those strategies of other professional leagues that have resulted in growth. The salary arbitration model is one such advantageous strategy. Part II of this article will provide a summary of the current salary structures and mechanisms of MLS. Part II will also discuss the problems and the origins of the problems associated with MLS's current salary structures and mechanisms. Part III will summarize how salary arbitration is utilized in MLB. …
Securing The Best Odds: Why Congress Should Regulate Sports Gambling Based On Securities-Style Mandatory Disclosure,
2020
Benjamin N. Cardozo School of Law
Securing The Best Odds: Why Congress Should Regulate Sports Gambling Based On Securities-Style Mandatory Disclosure, Ryan Grandeau
Cardozo Law Review
No abstract provided.
Esports, Player Positions, And The Benefits Of Unionization,
2020
Duke University School of Law
Esports, Player Positions, And The Benefits Of Unionization, Roshan Patel
Duke Law & Technology Review
No abstract provided.
Do You Really Know What Happened To Psy?: Controversial South Korean Music Censorship,
2020
[email protected]
Do You Really Know What Happened To Psy?: Controversial South Korean Music Censorship, Min-Soo "Minee" Roh
Legal Writing Competition Winners
This paper was submitted to the Entertainment Law Initiative(ELI)'s The 22nd Annual Entertainment Law Initiative Writing Competition and was recognized by the Recording Academy by a formal letter for admission.
Good Initiative, Bad Judgement: The Unintended Consequences Of Title Ix's Proportionality Standard On Ncaa Men's Gymnastics And The Transgender Athlete,
2020
Texas A&M University School of Law
Good Initiative, Bad Judgement: The Unintended Consequences Of Title Ix's Proportionality Standard On Ncaa Men's Gymnastics And The Transgender Athlete, Jeffrey Shearer
Student Scholarship
Title IX fails to provide the tools or guidelines necessary to equalize opportunities for all student athletes in the collegiate setting despite the government’s continuous effort to explain the law. This failure is because judicial precedent has largely developed around the binary proportionality test of compliance. Title IX was originally intended to equalize educational opportunities for male and female students in order to remedy past discrimination in our society. However, the application of Title IX has frequently created fewer opportunities in athletics due to the unintended relationship between the proportionality standard and the social phenomenon that is the commercialization of …
College Athletes In Revenue-Generating Sports As Employees: A Look Into The Alt-Labor Future,
2020
University of Denver
College Athletes In Revenue-Generating Sports As Employees: A Look Into The Alt-Labor Future, Roberto L. Corrada
Sturm College of Law: Faculty Scholarship
This article will begin by looking at some current and recent litigation brought by college athletes against their respective universities as well as recent state legislation that may affect their status as employees. Part I will focus on what the courts, agencies, scholars, and state legislators have said or implied about whether these athletes are or should be employees under the law. This Part will demonstrate why the designation of athletes in revenue-generating sports is fragile and cannot endure for much longer. Part II switches and focuses on college “work study” programs, showing in fact that there is nothing unusual …
The Northwestern University Football Case: A Dissent,
2020
University of Denver
The Northwestern University Football Case: A Dissent, Roberto L. Corrada
Sturm College of Law: Faculty Scholarship
This Article argues that the NLRB issued a non-decision in Northwestern University. A close look at the opinion shows that the Board refused to make findings it is statutorily required to make when ruling on an election petition. Though the decision buries much of this evidence in its footnotes, this Article unearths this evidence and reveals how the footnotes consistently disclaim statements made by the Board in the decision’s text. Moreover, close scrutiny of the precedent cited by the NLRB reveals that the Board may not, in fact, have the authority to exercise the discretion it claims for itself in …
Masthead,
2020
UC Law SF
