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Pepperdine University

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Articles 1 - 30 of 89

Full-Text Articles in Entertainment, Arts, and Sports Law

It’S Time To Pay Up, The Justification For Higher Salaries For Wnba Players: An Analysis Of The Wnba’S Success And Employing Mediation Between The Wnba And Nba To Leverage Future Success, Lerae Ettienne Jun 2019

It’S Time To Pay Up, The Justification For Higher Salaries For Wnba Players: An Analysis Of The Wnba’S Success And Employing Mediation Between The Wnba And Nba To Leverage Future Success, Lerae Ettienne

Pepperdine Dispute Resolution Law Journal

This comment looks at the potential positive effects that mediation can have in fostering a better relationship between the two leagues and for the WNBA and its players to get their much-deserved respect and compensation. First, the comment will go in depth regarding the structure of the WNBA, and its history to date. Next, the comment will examine the WNBA’s success despite the discrepancy in pay and the purported lack of viewership. The comment will then expound on the rise of mediation as one of the major ADR tools. Next, the comment will analyze the success of mediation in ...


The Blue Devil's In The Details: How A Free Market Approach To Compensating College Athletes Would Work, David A. Grenardo Apr 2019

The Blue Devil's In The Details: How A Free Market Approach To Compensating College Athletes Would Work, David A. Grenardo

Pepperdine Law Review

Everyone involved in the business of major college athletics, except the athletes, receives compensation based on a free market system. The National Collegiate Athletic Association’s (NCAA) cap on athlete compensation violates antitrust law, and athletes should be allowed to earn their free market value as everyone else does in this country. This Article provides a detailed approach to compensating college athletes under a free market model, which includes a salary cap, the terms of a proposed standard player’s contract, a discussion of who can represent players, and payment simulations for football and basketball teams. A free market approach ...


Conduct Detrimental: Examining The Nfl’S Collective Bargaining Agreement And The Commissioner’S Role Through A Case Study Of Deflategate, David Shyu Oct 2017

Conduct Detrimental: Examining The Nfl’S Collective Bargaining Agreement And The Commissioner’S Role Through A Case Study Of Deflategate, David Shyu

Pepperdine Dispute Resolution Law Journal

This Note will closely examine whether the NFL, specifically its Commissioner, has exceeded its authority in its handling of the recent incident involving allegations of the New England Patriots and quarterback Tom Brady’s role in deflating footballs during a crucial playoff game. The Note will look at the existing the NFL current Collective Bargaining Agreement, and trace the source of the Commissioner’s power. Then it will delve into the details of the case—including the Wells Report and investigation, the arbitration process, and the District Court opinion. The Note will analyze the District Court’s opinion in anticipation ...


Piracy On Peer-To-Peer File Sharing Networks: Why A Streamlined Online Dispute Resolution System Should Not Be Forgotten In The Shadow Of A Federal Small Claims Tribunal, Naomi Gemmell Sep 2017

Piracy On Peer-To-Peer File Sharing Networks: Why A Streamlined Online Dispute Resolution System Should Not Be Forgotten In The Shadow Of A Federal Small Claims Tribunal, Naomi Gemmell

Pepperdine Dispute Resolution Law Journal

This Article proposes application of an ADR system for resolving online copyright disputes related to P2P file sharing. Section II provides an overview of P2P file sharing networks and associated copyright infringement. Section III explores current approaches that fall short in resolving P2P copyright disputes, namely the Digital Millennium Copyright Act, litigation, and private agreements. Section IV examines the two primary proposed solutions to online copyright disputes: alternative dispute resolution and federal small claims. Section V recommends that a streamlined online dispute resolution system is necessary (even if a federal small claims tribunal is adopted), and concludes.


Please Don’T Make Me Pay Taxes: How New Irs Law Helps Art Collectors Avoid Hefty Taxes, Stephanie Dunn Sep 2017

Please Don’T Make Me Pay Taxes: How New Irs Law Helps Art Collectors Avoid Hefty Taxes, Stephanie Dunn

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Consent Decrees In The Streaming Era: Digital Withdrawal, Fractional Licensing, And § 114(I), Steven J. Gagliano Jul 2017

Consent Decrees In The Streaming Era: Digital Withdrawal, Fractional Licensing, And § 114(I), Steven J. Gagliano

The Journal of Business, Entrepreneurship & the Law

Clear disagreement exists about how best to reconcile the copyright protections afforded to songwriters with the antitrust considerations protecting consumers. Songwriter public performance royalty collections account for over $2 billion in annual U.S. revenue, roughly 90% of which is collected by the American Society of Composers, Authors and Publishers (ASCAP) and Broadcast Music, Inc. (BMI). ASCAP and BMI are performance rights organizations (PROs) regulated by seventy-five-year-old consent decrees. After the Second Circuit determined that these consent decrees prohibit music publishers from selectively withdrawing their new media rights from ASCAP and BMI to directly negotiating with new media services, the ...


Film Piracy: Surfing The Internet For Free Content Provides Little Bounty For The Collective Economy, Jordan Matthews Jul 2017

Film Piracy: Surfing The Internet For Free Content Provides Little Bounty For The Collective Economy, Jordan Matthews

The Journal of Business, Entrepreneurship & the Law

This Note focuses on the protection of a copyright holder against infringement in the form of film piracy. It centers on the recent litigation surrounding Dallas Buyers Club, a biographical film articulating the life and events surrounding an AIDS patient, diagnosed in the mid-1980s, who pursued experimental treatments by smuggling pharmaceuticals into the United States. In 2013, more than 4,700 Australian Internet users allegedly downloaded the film within the span of one month. In August of 2015, an Australian federal court declared that the studio behind the film would need to post a $600,000 bond before it could ...


A Tale Of Tulips: A Counterpoint To Courts Codifying Collectibles, Hunter S. Higgins Jul 2017

A Tale Of Tulips: A Counterpoint To Courts Codifying Collectibles, Hunter S. Higgins

The Journal of Business, Entrepreneurship & the Law

The goal of this Note is to educate the courts and public of the patent inconsistencies and latent implications of judicial interference in the art and collectibles market, as prosecutors, judges, and the public risk unraveling the delicate fabric of its legal and economic framework. Part II of the Note will closely examine the economics of the art and collectibles marketplace, from internal changes at the auction house to external changes in the global marketplace. In particular, the Note will examine the Asian marketplace, which has led the global expansion of art and collectibles, and the potential dangers of the ...


Is The Ncaa Finally Loosening Its Iron Grip On College Basketball By Allowing Underclassmen The Opportunity To Return To College After Declaring For The Nba Draft?, Neil Patel Jun 2017

Is The Ncaa Finally Loosening Its Iron Grip On College Basketball By Allowing Underclassmen The Opportunity To Return To College After Declaring For The Nba Draft?, Neil Patel

The Journal of Business, Entrepreneurship & the Law

The National Collegiate Athletic Association (NCAA) Oversight Committee has proposed a new rule that allows undergraduate college basketball players to reject the National Basketball Association (NBA) and return to school after they have submitted their name for the draft. This rule represents a great change in the policies that regulate college sports, specifically college basketball. The NCAA has ruled college basketball with an iron fist, but with this new proposal, it seems that it is beginning to help our college athletes sustain some semblance of a normal life after their playing days are over. Importantly, the rule is merely a ...


Putting Public Law Into "Private" Sport, Dionne L. Koller May 2016

Putting Public Law Into "Private" Sport, Dionne L. Koller

Pepperdine Law Review

Across all levels of sport — professional, Olympic, intercollegiate, interscholastic, and youth recreational — the prevailing view is that the government should not take an active role in regulating athletics. As a result, there are relatively few federal or state statutes directed at regulating sports, and those that are aimed at sports primarily serve to support the professional sports industry. Moreover, courts show great deference to sports leagues and administrators, most often applying law in a way that insulates and empowers them. This creates a climate where leagues and administrators are permitted wide latitude to structure and conduct their respective sports as ...


To Show, Or Not To Show—That Was The Question: A Discussion Regarding The First Amendment Issues Implicated By The Sony Pictures Entertainment Cyberhack & The Interview Debacle, Chelsey Huso Apr 2016

To Show, Or Not To Show—That Was The Question: A Discussion Regarding The First Amendment Issues Implicated By The Sony Pictures Entertainment Cyberhack & The Interview Debacle, Chelsey Huso

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


The End Of An Era: The Mounting Challenges To The Ncaa’S Model Of Amateurism, John Niemeyer Jul 2015

The End Of An Era: The Mounting Challenges To The Ncaa’S Model Of Amateurism, John Niemeyer

Pepperdine Law Review

In the six years between 2006 and 2012, the National Collegiate Athletic Association (NCAA), a nonprofit organization made up of universities, doubled its net assets to its current, unprecedented level of over $566 million. In 2012 alone, the organization retained a $71 million surplus after it disbursed a majority of its revenue to the NCAA member universities. It was able to make this much money largely because of the television revenue earned from the highly popular and entertaining sports of men’s football and men’s basketball. One would think that if a nonprofit organization could retain $71 million at ...


Will Ticket Scalpers Meet The Same Fate As Spinal Tap Drummers? The Sale And Resale Of Concert And Sports Tickets, Gregory M. Stein Feb 2015

Will Ticket Scalpers Meet The Same Fate As Spinal Tap Drummers? The Sale And Resale Of Concert And Sports Tickets, Gregory M. Stein

Pepperdine Law Review

Some people purchase concert or sports tickets for their own entertainment and then are unable to use their tickets. They may have a scheduling conflict, or their favorite team may be underperforming. Other people buy tickets with the intention of giving them as gifts. Still others purchase with the goal of reselling the tickets at a profit. This Article examines the transferability of tickets to performances and sporting events. What, exactly, is a “ticket”? What property and contract rights does the initial ticket holder acquire? Does the holder have the legal power to transfer these rights? To what extent can ...


Dick Woodson's Revenge: The Evolution Of Salary Arbitration In Major League Baseball, Edward Silverman Dec 2014

Dick Woodson's Revenge: The Evolution Of Salary Arbitration In Major League Baseball, Edward Silverman

Pepperdine Law Review

This paper examines the evolution of salary arbitration in professional baseball through the lens of the original 1974 Dick Woodson salary arbitration. Part II discusses the general development of labor relations in professional baseball, with an emphasis on how and why salary arbitration came to be implemented. Part III focuses specifically on Dick Woodson’s salary arbitration and how that experience shaped the immediate evolution of the practice and informed the current state of affairs in Major League Baseball (“MLB”). Part IV discusses MLB’s salary arbitration rules and how the process actually works. Part V addresses prevailing criticisms of ...


Is Internet Radio “Livin' On A Prayer”? With New Legislation, It “Will Make It, I Swear”, Kelsey Schulz Nov 2014

Is Internet Radio “Livin' On A Prayer”? With New Legislation, It “Will Make It, I Swear”, Kelsey Schulz

The Journal of Business, Entrepreneurship & the Law

This Comment discusses whether the IRFA would be the appropriate solution to the inequities in current copyright law as it pertains to digital music. Part I of this Comment will provide a more in-depth discussion of the history of copyright law and music distribution. It will examine the implications of the 1971 Sound Recording Act, the 1976 Copyright Act, and the Digital Performance Right in Sound Recordings Act of 1995. Part II will provide a critique of the current state of the law, including a look at the Digital Millennium Copyright Act of 1998 and its effects on the respective ...


Uniform Alternative Dispute Resolution: The Answer To Preventing Unscrupulous Agent Activity, Scott Kestenbaum Sep 2014

Uniform Alternative Dispute Resolution: The Answer To Preventing Unscrupulous Agent Activity, Scott Kestenbaum

Pepperdine Dispute Resolution Law Journal

This Note addresses whether there should be an arbitration and mediation section added to both the Uniform Athlete Agent Act (UAAA), and Sports Agent Responsibility and Trust Act (SPARTA) to establish a uniform dispute resolution process for dealing with unscrupulous acts of athlete agents. This issue is distinctive because while all four professional sports leagues’ players associations have specific arbitration procedures in their athlete agent regulations, the two statutes governing athlete agent conduct do not adopt a uniform policy relating to arbitration procedures. This Note addresses the prior history of state and federal legislation pertaining to an athlete agent, including ...


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 Apr 2014

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 ...


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

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 Apr 2014

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 Apr 2014

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 Apr 2014

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 Apr 2014

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 Apr 2014

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.


Conception To Distribution: Vertical Integration In The Television Production And Isp Industry , Megan Sieffert Jan 2014

Conception To Distribution: Vertical Integration In The Television Production And Isp Industry , Megan Sieffert

The Journal of Business, Entrepreneurship & the Law

The intersecting regulations of agencies, stemming from the duties of the FCC, the FTC, and the DOJ to protect competition and television consumers, have been innovative in permitting two goals. First, allowing companies to pursue these integrations and, second, placing conditions on integrations to prevent potential harms that could come from developing media giants. As the market continues to consolidate, with companies having more access to the ability to distribute through alternative middlemen, and as they have the opportunity to gain popularity through social media networks and word of mouth, the healthy competition seen in the former entertainment industry is ...


A Channel Worth Changing? The Individual Regional Sports Network: Proliferation, Profits, Parity, And The Potential Administrative And Antitrust Issues That Could Follow, Stephen Dixon Nov 2013

A Channel Worth Changing? The Individual Regional Sports Network: Proliferation, Profits, Parity, And The Potential Administrative And Antitrust Issues That Could Follow, Stephen Dixon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Out Of Bounds Under The Sherman Act? Player Restraints In Professional Team Sports , Seth M. Goldstein May 2013

Out Of Bounds Under The Sherman Act? Player Restraints In Professional Team Sports , Seth M. Goldstein

Pepperdine Law Review

No abstract provided.


Real To Reel: The Hirsch Case And First Amendment Protection For Film-Makers' Confidential Sources Of Information , Stephen F. Rohde May 2013

Real To Reel: The Hirsch Case And First Amendment Protection For Film-Makers' Confidential Sources Of Information , Stephen F. Rohde

Pepperdine Law Review

No abstract provided.


Beaten To "Submissions": Talent Agents Score A Victory Over Managers On Submissions Of Motion Picture Screenplays, Matthew H. Schwartz Apr 2013

Beaten To "Submissions": Talent Agents Score A Victory Over Managers On Submissions Of Motion Picture Screenplays, Matthew H. Schwartz

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Agencies And The Arts: The Dilemma Of Subsidizing Expression, Jennifer Weatherup Apr 2013

Agencies And The Arts: The Dilemma Of Subsidizing Expression, Jennifer Weatherup

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Beating The Odds: Regulation Of Online Gaming Stateside And Abroad, Lisa Lester Apr 2013

Beating The Odds: Regulation Of Online Gaming Stateside And Abroad, Lisa Lester

Journal of the National Association of Administrative Law Judiciary

No abstract provided.