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Antitrust law

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

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 ...


Amateurism And The Ncaa: How A Changing Market Has Turned Caps On Athletic Scholarships Into An Antitrust Violation, Daniel Laws Jan 2017

Amateurism And The Ncaa: How A Changing Market Has Turned Caps On Athletic Scholarships Into An Antitrust Violation, Daniel Laws

Law Student Publications

The college athletics industry is worth $16 billion, and it only continues to grow as the number of collegiate students and student-athletes increases. The governing body of collegiate athletics, the National Collegiate Athletic Association ("NCAA"), prides itself on the amateur status of its athletes. To preserve its athletes' amateurism, the NCAA mandates that its member institutions agree not to compensate student-athletes with athletic scholarships that are above the university's cost of attendance. Typically, this type of horizontal agreement- one between competitors that artificially caps the amount a worker can earn violates Section 1 of the Sherman Act as an ...


The Promise And Peril Of Collective Listening, Whitney Broussard Nov 2016

The Promise And Peril Of Collective Listening, Whitney Broussard

Journal of Intellectual Property Law

No abstract provided.


Do Not Pass Go And Do Not Collect $200: Nike's Monopoly On Usatf Violates Antitrust Laws And Prevents Athletes From Living At Park Place, Jill K. Ingels Jan 2016

Do Not Pass Go And Do Not Collect $200: Nike's Monopoly On Usatf Violates Antitrust Laws And Prevents Athletes From Living At Park Place, Jill K. Ingels

Marquette Sports Law Review

No abstract provided.


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 Mccann Jan 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 Mccann

Law Faculty Scholarship

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 ...


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.


Nearly A Century In Reserve: Organized Baseball: Collective Bargaining And The Antitrust Exemption Enter The 80'S, Nancy Jean Meissner Feb 2013

Nearly A Century In Reserve: Organized Baseball: Collective Bargaining And The Antitrust Exemption Enter The 80'S, Nancy Jean Meissner

Pepperdine Law Review

In her comment, the author fashions a compelling argument for congressional elimination of baseball's exemption from federal antitrust laws. After noting that the exemption had been formulated in 1922 by the Supreme Court, the author explains that it has been abused by baseball club owners to create a virtual monopoly over ballplayers through the reserve system. Although the reserve system's control was somewhat diluted in 1976, with the advent of free agency and collective bargaining, club owners are currently negotiating for mandatory compensation for the loss of free agents. The resultant threat of a player's strike has ...


Herschel Walker V. National Football League: A Hypothetical Lawsuit Challenging The Propriety Of The National Football League's Four-Or-Five Year Rule Under The Sherman Act, A. Randall Farnsworth Feb 2013

Herschel Walker V. National Football League: A Hypothetical Lawsuit Challenging The Propriety Of The National Football League's Four-Or-Five Year Rule Under The Sherman Act, A. Randall Farnsworth

Pepperdine Law Review

No abstract provided.


Shutting Down The Offense: Why The Supreme Court Should Designate The Nfl A Single Entity For Antitrust Purposes, Peter R. Morrison Jan 2012

Shutting Down The Offense: Why The Supreme Court Should Designate The Nfl A Single Entity For Antitrust Purposes, Peter R. Morrison

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


Competitive Entertainment: Implications Of The Nfl Lockout Litigation For Sports, Theatre, Music, And Video Entertainment, Henry H. Perritt Jr. Jan 2012

Competitive Entertainment: Implications Of The Nfl Lockout Litigation For Sports, Theatre, Music, And Video Entertainment, Henry H. Perritt Jr.

All Faculty Scholarship

The 2011 NFL lockout reveals profound changes in the labor and product markets for the entire entertainment industry, driven by a revolution in technology. This article explores the revolution in the professional sports, theatre, and movie-making industries and concludes that it is fragmenting production, blurring the boundaries between labor markets and product markets, and introducing new forms of competition. As a result, the labor exemptions to the antitrust laws, which featured prominently in the NFL controversy are becoming less relevant, shifting the law's policing of competition to antitrust rule-of-reason analysis, where counterpoises such as labor unions are inactive, and ...


Competitive Entertainment: Implications Of The Nfl Lockout Litigation For Sports, Theatre, Music, And Video Entertainment, Henry H. Perritt Jr. Dec 2011

Competitive Entertainment: Implications Of The Nfl Lockout Litigation For Sports, Theatre, Music, And Video Entertainment, Henry H. Perritt Jr.

Henry H. Perritt, Jr.

The 2011 NFL lockout reveals profound changes in the labor and product markets for the entire entertainment industry, driven by a revolution in technology. This article explores the revolution in the professional sports, theatre, and movie-making industries and concludes that it is fragmenting production, blurring the boundaries between labor markets and product markets, and introducing new forms of competition. As a result, the labor exemptions to the antitrust laws, which featured prominently in the NFL controversy are becoming less relevant, shifting the law's policing of competition to antitrust rule-of-reason analysis, where counterpoises such as labor unions are inactive, and ...


Why Copperweld Was Actually Kind Of Dumb: Sound, Fury And The Once And Still Missing Antitrust Theory Of The Firm, Chris Sagers Jan 2011

Why Copperweld Was Actually Kind Of Dumb: Sound, Fury And The Once And Still Missing Antitrust Theory Of The Firm, Chris Sagers

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


A Re-Examination Of The Convergence Of Antitrust Law And Professional Sports Leagues, Christine A. Miller Jan 2011

A Re-Examination Of The Convergence Of Antitrust Law And Professional Sports Leagues, Christine A. Miller

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


American Needle And The Application Of The Sherman Act To Professional Sports Leagues, Gregory J. Werden Jan 2011

American Needle And The Application Of The Sherman Act To Professional Sports Leagues, Gregory J. Werden

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Is There Life After Death For Sports League Immunity - American Needle And Beyond, Meir Feder Jan 2011

Is There Life After Death For Sports League Immunity - American Needle And Beyond, Meir Feder

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Huddle Up: Surveying The Playing Field On The Single Entity Status Of The National Football League In Anticipation Of American Needle V. Nfl, Constantine J. Avgiris Jan 2010

Huddle Up: Surveying The Playing Field On The Single Entity Status Of The National Football League In Anticipation Of American Needle V. Nfl, Constantine J. Avgiris

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Blades Of Steal - The Fight For Control Of Sports Clubs' Websites And Media Rights In Madison Square Garden, L.P. V. National Hockey League, Michael Huntowski Jan 2009

Blades Of Steal - The Fight For Control Of Sports Clubs' Websites And Media Rights In Madison Square Garden, L.P. V. National Hockey League, Michael Huntowski

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Despite His Antics, T.O. Has A Valid Point: Why Nfl Players Deserve A Bigger Piece Of The Pie, Matthew Levine Jan 2006

Despite His Antics, T.O. Has A Valid Point: Why Nfl Players Deserve A Bigger Piece Of The Pie, Matthew Levine

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Copyright And Anti-Trust Law : Public Performance Rights Licensing Of Musical Works Into Audiovisual Media, Christian Seyfert Sep 2005

Copyright And Anti-Trust Law : Public Performance Rights Licensing Of Musical Works Into Audiovisual Media, Christian Seyfert

Theses and Dissertations

This article will explore the question how anti-trust law affects the performing rights societies' (PRS) practice plain the different types and forms of licensing of licensing public performance rights of musical works into audiovisual media. It will, first, set forth the historical development and necessity of PRSs; secondly, define and exublic performance rights; and, thirdly, analyze in detail the historical attempts by the government and by private parties to enforce anti-trust law against the PRSs' system of blanket licensing musical works into audiovisual media.


Illegal Defense: The Irrational Economics Of Banning High School Players From The Nba Draft, Michael Mccann Jan 2004

Illegal Defense: The Irrational Economics Of Banning High School Players From The Nba Draft, Michael Mccann

Law Faculty Scholarship

Each year, the National Basketball Association (NBA) conducts its annual entry draft (NBA Draft), which is the exclusive process by which premiere amateur players gain entrance into the NBA. To the dismay of many commentators, a number of drafted players will have just completed their senior year of high school. Routinely, these players are dismissed as immature, unprepared, and ill-advised, even though most will sign guaranteed, multi-million dollar contracts before their college educations would have begun. In stark contrast to popular myth, this Article finds that players drafted straight out of high school are not only likely to do well ...


Maurice Clarett V. National Football League, Inc.: An Analysis Of Clarett's Challenge To The Legality Of The Nfl's Draft Eligibility Rule Under Antitrust Law, Shauna Itri Jan 2004

Maurice Clarett V. National Football League, Inc.: An Analysis Of Clarett's Challenge To The Legality Of The Nfl's Draft Eligibility Rule Under Antitrust Law, Shauna Itri

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Introduction, Gilbert Stein Jan 2003

Introduction, Gilbert Stein

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Major League Baseball Contraction And Antitrust Law, John T. Wolohan Jan 2003

Major League Baseball Contraction And Antitrust Law, John T. Wolohan

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


The Effect Of Baseball's Antitrust Exemption And Contraction On Its Minor League Baseball System: A Case Study Of The Harrisburg Senators, Stanley M. Brand Jan 2003

The Effect Of Baseball's Antitrust Exemption And Contraction On Its Minor League Baseball System: A Case Study Of The Harrisburg Senators, Stanley M. Brand

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Save Amateur Sports: Protection From Liability Under The Amateur Sports Act In Eleven Line V. North Texas Soccer Ass'n, Konstantinos Yiannopoulos Jan 2002

Save Amateur Sports: Protection From Liability Under The Amateur Sports Act In Eleven Line V. North Texas Soccer Ass'n, Konstantinos Yiannopoulos

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


The Directv Nfl Sunday Ticket: An Economic Plea For Antitrust Law Immunity, Bradley W. Crandall Jan 2001

The Directv Nfl Sunday Ticket: An Economic Plea For Antitrust Law Immunity, Bradley W. Crandall

Washington University Law Review

No abstract provided.


Baseball And Globalization: The Game Played And Heard And Watched 'Round The World (With Apologies To Soccer And Bobby Thomson), William B. Gould Iv Oct 2000

Baseball And Globalization: The Game Played And Heard And Watched 'Round The World (With Apologies To Soccer And Bobby Thomson), William B. Gould Iv

Indiana Journal of Global Legal Studies

No abstract provided.


The Phoenix Phillies V. The Philadelphia Phillies: A Recently Discovered Opinion On Baseball And The Antitrust, The Exemption, Joseph W. Dellapenna Jan 1998

The Phoenix Phillies V. The Philadelphia Phillies: A Recently Discovered Opinion On Baseball And The Antitrust, The Exemption, Joseph W. Dellapenna

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


College Football Players Can't Tackle Athletic Conference's Tough Sanctions: Hairston V. Pacific 10 Conference, Michael H. Gold Jan 1998

College Football Players Can't Tackle Athletic Conference's Tough Sanctions: Hairston V. Pacific 10 Conference, Michael H. Gold

Jeffrey S. Moorad Sports Law Journal

No abstract provided.