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Articles 1 - 24 of 24

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

In Search Of The Final Head Ball: The Case For Eliminating Heading From Soccer,, N. Jeremi Duru Dec 2017

In Search Of The Final Head Ball: The Case For Eliminating Heading From Soccer,, N. Jeremi Duru

N. Jeremi Duru

Soccer is unquestionably the world's most popular sport. Two hundred and eleven countries have national soccer associations,  hundreds of millions of people across the globe play recreationally,  and Federation Internationale de Football Association's ("FIFA") quadrennial World Cup soccer tournament is unchallenged as the highest profileand highest grossing sporting competition on Earth. Notwithstanding its popularity, however, soccer sits at a troubling crossroads as the sport's governing bodies grapple with the impact that the risk of brain injury is having on the game. Soccer is, of course, not alone in this regard. The risk of brain ...


Proposed Deal Between Sam Bradford And Eagles' Fans, Stephen E. Friedman May 2016

Proposed Deal Between Sam Bradford And Eagles' Fans, Stephen E. Friedman

Stephen E Friedman

No abstract provided.


Light, Less-Filling, It's Blue-Ribbon!, Stephen Ross Jan 2016

Light, Less-Filling, It's Blue-Ribbon!, Stephen Ross

Stephen F Ross

This Commentary reviews the recommendations of the Blue Ribbon Panel and, accepting the Report's perspective of advocating the long-term interests of baseball fans, identifies some important and positive contributions made by the Report. Next, some significant flaws and shortcomings are discussed. Finally, the Commentary suggests several practical reforms likely to improve competitive balance which plausibly could secure the support of t he various constituencies of the National Pastime.


The Misunderstood Alliance Between Sports Fans, Players, And The Antitrust Laws, Stephen Ross Jan 2016

The Misunderstood Alliance Between Sports Fans, Players, And The Antitrust Laws, Stephen Ross

Stephen F Ross

The baseball strike and the ongoing hostilities between the players' association and owners have evoked criticism and frustration among fans and others. Although the players successfully defeated the owners' most recent attempts to reduce major league competition, the threat of future imposition of competitive restraints by the owners remains. In this article Professor Stephen F. Ross argues that blanket restraints on the market for players affirmatively inhibit on-the-field competition and consequently offend the Sherman Act. The article begins with the proposition that monopsony - price-fixing behavior by buyers', rather than sellers' cartels - implicates the Sherman Act. Restraints on competition for players ...


Sports And The Law: Text, Cases, And Problems, 5th, Stephen Ross, Paul Weiler, Gary Roberts, Roger Abrams Jan 2016

Sports And The Law: Text, Cases, And Problems, 5th, Stephen Ross, Paul Weiler, Gary Roberts, Roger Abrams

Stephen F Ross

This casebook introduces students to the fundamentals of labor, antitrust, and intellectual property law as applied in the professional and amateur sporting industries. It covers the unique office of the league commissioner and special concerns with the “best interests of sports”; the contract, antitrust, and labor law dimensions of the player-labor market; the peculiar institution of the player agent in a unionized industry; the economic and legal implications of agreements among league owners and responses to rival leagues; the system of commercialized college athletics governed by the NCAA and how law impacts individual sports like golf, tennis and boxing; as ...


Reconsidering Flood V. Kuhn, Stephen Ross Jan 2016

Reconsidering Flood V. Kuhn, Stephen Ross

Stephen F Ross

Within the academia, two very different groups of legal scholars have devoted a great deal of attention to Flood v. Kuhn. Those specializing in sports law have either attached Flood as a ridiculous decision that improperly distinguished between baseball and other professional sports, or have praised it for waging guerrilla warfare on the idea that Section 1 of the Sherman Act should apply to intra-league arrangements by owners of the professional sports teams. Those viewing Flood through the lens of statutory interpretation perceive the decision as adhering rigidly to the principle of stare decisis; this rigidity has been both praised ...


Fans Of The World, Unite!: A (Capitalist) Manifesto For Sports Consumers, Stephen Ross, Stefan Szymanski Jan 2016

Fans Of The World, Unite!: A (Capitalist) Manifesto For Sports Consumers, Stephen Ross, Stefan Szymanski

Stephen F Ross

This book is a clarion call to sports fans. It proposes a significant restructuring of sports leagues. The book sets out a rational program for a revolution that will serve the best interests of the fans and of the sport itself. But the book is not Marxist: it shows how a revolution in the organization of sports might even benefit the owners. By harnassing the power of markets, sports leagues can be made both responsive to the needs of the fans and more efficient. Many years were spent before this book was written evaluating the ways in which leagues work ...


A Regulatory Solution To Better Promote The Educational Values And Economic Sustainability Of Intercollegiate Athletics, Stephen Ross, Matt Mitten Jan 2016

A Regulatory Solution To Better Promote The Educational Values And Economic Sustainability Of Intercollegiate Athletics, Stephen Ross, Matt Mitten

Stephen F Ross

Currently there are several pending antitrust suits challenging NCAA rules restricting the economic benefits intercollegiate athletes may receive for their sports participation. Although remedying the inherent problems of commercialized college sports (primarily Division I football and men’s basketball) is a laudable objective, a free market solution mandated by antitrust law may have unintended adverse consequences. Judicial invalidation of these rules may inhibit universities from providing many athletes with a college education they would not otherwise receive, by eliminating or reducing the value of scholarships for many players whose economic value is less than the cost of an education. A ...


Are The Green Bay Packers Socialists?, Matthew J. Parlow, Anne-Louise Mittal Dec 2014

Are The Green Bay Packers Socialists?, Matthew J. Parlow, Anne-Louise Mittal

Matthew Parlow

The Green Bay Packers are an oft-misunderstood organization — not in the decisions that the Packers make, but in their legal status and structure. Scholars, commentators, and even the general public refer to the Packers as “community-owned.” While this characterization is true — to a degree — the specifics of this unique ownership structure in professional sports have never been comprehensively documented and analyzed. Perhaps this is the reason that some political pundits have termed the Packers “socialists.” However, such commentators also seem to not fully appreciate the historical development, and contemporary understanding, of this social, economic, and political ideology. This confluence of ...


The Nba And The Great Recession: Implications For The Upcoming Collective Bargaining Agreement Renegotiation, Matthew J. Parlow Dec 2014

The Nba And The Great Recession: Implications For The Upcoming Collective Bargaining Agreement Renegotiation, Matthew J. Parlow

Matthew Parlow

Like most businesses, the National Basketball Association (NBA) has suffered significant negative impacts from the Great Recession. The league's drop in revenue exposed distinct flaws in the NBA's current business model and in the terms of employment for NBA players. Due to the precarious economic state of the NBA, the league anticipates a contentious, but necessary, renegotiation of the NBA's collective bargaining agreement (CBA), which will expire at the end of the 2010-11 season. This article will analyze the effects of the Great Recession on the NBA and the likely implications for the renegotiation of the CBA ...


The Trading Card Effect, Adam Epstein Mar 2014

The Trading Card Effect, Adam Epstein

Adam Epstein

The purpose of this article is to demonstrate a teaching method that I have used for the last several years and have found to be effective particularly during the challenging final weeks of the semester. I reward students with trading cards for answering questions currently during an unannounced quiz to provide positive reinforcement in an engaging way. Students ultimately form teams and receive a relevant and classic football, baseball, basketball, hockey, or other trading card that they can keep as a souvenir to the class and the course. The intent is to give something to the students directly relevant to ...


The Court Of Arbitration For Sport And Its Global Jurisprudence: International Legal Pluralism In A World Without National Boundaries, Matthew J. Mitten Jan 2014

The Court Of Arbitration For Sport And Its Global Jurisprudence: International Legal Pluralism In A World Without National Boundaries, Matthew J. Mitten

Matt Mitten

This article considers an issue of global importance that has received little scholarly attention: whether the Court of Arbitration for Sport (CAS), whose developing body of lex sportiva is a form of international legal pluralism, provides an appropriate level of procedural fairness and substantive justice to the world’s athletes, who are subject to its jurisdiction as a condition of their participation in Olympic and international sports competition. It provides an overview of the CAS arbitration system and the very limited scope of national judicial review of its arbitration awards decisions. It concludes that the CAS is a procedurally fair ...


Lessons From The Nba Lockout: Union Democracy, Public Support, And The Folly Of The National Basketball Players Association, Matthew J. Parlow Dec 2013

Lessons From The Nba Lockout: Union Democracy, Public Support, And The Folly Of The National Basketball Players Association, Matthew J. Parlow

Matthew Parlow

By most accounts, the National Basketball Players Association (NBPA) — the union representing the players in the NBA — conceded a significant amount of money and other contractual terms in the new ten-year collective bargaining agreement (2011 Agreement) that ended the 2011 NBA lockout. Player concessions were predictable because the NBA’s economic structure desperately needed an overhaul. The magnitude of such concessions, however, was startling. The substantial changes in the division of basketball-related income, contract lengths and amounts, salary cap provisions, and revenue sharing rendered the NBA lockout — and the resulting 2011 Agreement — a near-complete victory for the owners. Several interpretations ...


The Potential Unintended Consequences Of The O'Bannon Decision, Matthew J. Parlow Dec 2013

The Potential Unintended Consequences Of The O'Bannon Decision, Matthew J. Parlow

Matthew Parlow

The O’Bannon decision made a significant change to one of the philosophical pillars of intercollegiate athletics in allowing for greater compensation for student athletes. At the same time, the court took only an incremental step in the direction of pay for college athletes: The decision was limited to football and men’s basketball players — as opposed to non-revenue-generating sports — and it set a yearly cap of $5,000 for each of these athletes. However, the court left open the possibility for — indeed, it almost seemed to invite — future challenges to the National Collegiate Athletic Association’s restrictions on student-athlete ...


Who Exempted Baseball, Anyway?: The Curious Development Of The Antitrust Exemption That Never Was, Mitchell J. Nathanson Dec 2012

Who Exempted Baseball, Anyway?: The Curious Development Of The Antitrust Exemption That Never Was, Mitchell J. Nathanson

Mitchell J Nathanson

This article takes a fresh look at baseball’s alleged antitrust exemption and explains why, after all, the exemption is alleged rather than actual. For contrary to popular opinion, this article concludes that the Supreme Court’s 1922 Federal Baseball Club decision did not exempt Organized Baseball from federal antitrust laws. Instead, the opinion was much more limited in scope and never reached the question of whether Organized Baseball should be treated differently than other, similarly situated businesses or institutions, although Organized Baseball clearly invited the Justices to make this determination in its brief to the Court. As this article ...


Issues Players Face With The Collective Bargaining Process, Matthew J. Parlow Dec 2011

Issues Players Face With The Collective Bargaining Process, Matthew J. Parlow

Matthew Parlow

This presentation was originally delivered at the DePaul Journal of Sports Law & Contemporary Problems 2012 Symposium.


Professional Sports League Commissioners' Authority And Collective Bargaining, Matthew J. Parlow Dec 2009

Professional Sports League Commissioners' Authority And Collective Bargaining, Matthew J. Parlow

Matthew Parlow

With the National Basketball Association (NBA) and National Football League (NFL) collective bargaining agreements set to expire within the next two years, many experts are already predicting what changes may be made to both leagues’ governing labor documents. One likely point of contention between the owners and the players’ unions — though rarely discussed in the experts’ predictive discourse — is the power of the respective league commissioners to punish or discipline wayward players for misbehavior committed off of the court or field. This article will analyze this area of sports law by exploring this power of each league’s sports commissioner ...


Sports Law: Cases And Materials, Michael Cozzillio, Mark Levinstein, Michael Dimino, Gabe Feldman Apr 2009

Sports Law: Cases And Materials, Michael Cozzillio, Mark Levinstein, Michael Dimino, Gabe Feldman

Michael R Dimino

No abstract provided.


Off-Court Misbehavior: Sports Leagues And Private Punishment, Janine Young Kim, Matthew J. Parlow Dec 2008

Off-Court Misbehavior: Sports Leagues And Private Punishment, Janine Young Kim, Matthew J. Parlow

Janine Kim

This Essay examines how professional sports leagues address (apparently increasing) criminal activity by players off of the field or court. It analyzes the power of professional sports leagues and, in particular, the commissioners of those leagues, to discipline wayward athletes. Such discipline is often met with great controversy - from players’ unions and commentators alike - especially when a commissioner invokes the “in the best interest of the sport” clause of the professional sports league’s constitution and bylaws. The Essay then contextualizes such league discipline in criminal punishment theory - juxtaposing punishment norms in public law with incentives and rationales for discipline ...


Off-Court Misbehavior: Sports Leagues And Private Punishment, Matthew J. Parlow, Janine Young Kim Dec 2008

Off-Court Misbehavior: Sports Leagues And Private Punishment, Matthew J. Parlow, Janine Young Kim

Matthew Parlow

This article examines how professional sports leagues address (apparently increasing) criminal activity by players off of the field or court. It analyzes the power of professional sports leagues and, in particular, the commissioners of those leagues, to discipline wayward athletes. Such discipline is often met with great controversy - from players’ unions and commentators alike - especially when a commissioner invokes the “in the best interest of the sport” clause of the professional sports league’s constitution and bylaws. The article then contextualizes such league discipline in criminal punishment theory - juxtaposing punishment norms in public law with incentives and rationales for discipline ...


Publicly Financed Sports Facilities: Are They Economically Justifiable? A Case Study Of The Los Angeles Staples Center, Matthew J. Parlow Dec 2001

Publicly Financed Sports Facilities: Are They Economically Justifiable? A Case Study Of The Los Angeles Staples Center, Matthew J. Parlow

Matthew Parlow

The last twenty years have seen an unprecedented growth in the number of new sports facilities for professional sports teams. This incidence has been matched by an equally extraordinary trend of state and local governments providing public financing to help build such facilities. This article analyzes this burgeoning area of urban economic redevelopment and attempts to answer the controversial question of whether the public financing of new sports facilities is economically justifiable. The article dissects the real estate and financial deals between state and local governments and the professional sports teams and developers, and critiques the alleged benefits that advocates ...


Sports Law: Cases And Materials, Michael Cozzillio, Mark Levinstein Dec 1996

Sports Law: Cases And Materials, Michael Cozzillio, Mark Levinstein

Michael J. Cozzillio

No abstract provided.


The Athletic Scholarship And The College National Letter Of Intent: A Contract By Any Other Name, Michael Cozzillio Dec 1988

The Athletic Scholarship And The College National Letter Of Intent: A Contract By Any Other Name, Michael Cozzillio

Michael J. Cozzillio

No abstract provided.


Sports Owners Stand On Player Mobility Puts Ball In Courts, Michael Cozzillio Nov 1987

Sports Owners Stand On Player Mobility Puts Ball In Courts, Michael Cozzillio

Michael J. Cozzillio

No abstract provided.