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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 ...


Hazing In High School Athletics: An Analysis Of Victims, Gregory S. Parks, Nicolette Delorenzo Jan 2019

Hazing In High School Athletics: An Analysis Of Victims, Gregory S. Parks, Nicolette Delorenzo

Marquette Sports Law Review

None


Clear Statement Rules And The Integrity Of Labor Arbitration, Stephen Ross, Roy Eisenhardt Apr 2018

Clear Statement Rules And The Integrity Of Labor Arbitration, Stephen Ross, Roy Eisenhardt

Arbitration Law Review

Under the common law, employment contracts are submitted to civil courts to resolve disputes over interpretation, breach, and remedies. As an alternative, parties in collective bargaining agreements, can agree to dispute resolution by an independent arbitrator, whose decision is reviewed deferentially by judges. Where employees or members of an association are governed by its internal rules, in contrast, they often agree contractually to submit internal disputes to an association officer or committee. In this circumstance, the common law governing private associations affords judicial review that is more limited than a civil dispute, but more searching than is the case for ...


Fourth & Inches: Marking The Line Of Athletes’ Free Speech (A Colin Kaepernick Inspired Discussion), Ryan J. Mcginty Jan 2018

Fourth & Inches: Marking The Line Of Athletes’ Free Speech (A Colin Kaepernick Inspired Discussion), Ryan J. Mcginty

Pace Intellectual Property, Sports & Entertainment Law Forum

This note addresses the ongoing controversial stance that was ignited when Colin Kaepernick refused to stand for the playing of the national anthem in protest of what he deems are wrongdoings against African Americans and minorities in the United States. The scope of this note does not surround Kaepernick himself, but rather the professional NFL football player in general. Specifically, players are entitled to the full rights of free expression and free speech as human beings and public figures, up and until the line where that right is abused on the field or “on the job,” thereby threatening an increase ...


The Value Of Amateurism, Cody J. Mcdavis Jan 2018

The Value Of Amateurism, Cody J. Mcdavis

Marquette Sports Law Review

None


Time To Act: Correcting The Inadequacy Of Youth Concussion Legislation Through A Federal Act, Lance K. Spaude Jan 2017

Time To Act: Correcting The Inadequacy Of Youth Concussion Legislation Through A Federal Act, Lance K. Spaude

Marquette Law Review

Concussions in sports are inevitable. Although an increased focus on concussions in youth sports has improved understandings, the prevalence of concussions in youth sports, the health and safety dangers they pose, and the legal liability they create are still relative unknowns. Despite remaining unknowns, a greater understanding of the long-term effects of concussions and the increased dangers in head impacts in youth athletics in recent years has resulted in lawsuits against the youth coaches, schools, and state athletic associations for athlete injuries suffered as a result of repetitive head trauma and concussions.

This Comment focuses on the need for federal ...


Deflategate: Tom Brady's Battle Against The Nfl And Arbitration, David Berger Jan 2017

Deflategate: Tom Brady's Battle Against The Nfl And Arbitration, David Berger

Loyola of Los Angeles Law Review

No abstract provided.


Clear Statement Rules And The Integrity Of Labor Arbitration, Stephen F. Ross, Roy Eisenhardt Jan 2017

Clear Statement Rules And The Integrity Of Labor Arbitration, Stephen F. Ross, Roy Eisenhardt

Journal Articles

Under the common law, employment contracts are submitted to civil courts to resolve disputes over interpretation, breach, and remedies. As an alternative, parties in labor contexts can agree to resolution by an impartial arbitrator, whose decision is reviewed deferentially by judges. Where employees are subject to rules of a private association, they are often contractually obligated to submit their claims to an internal association officer or committee; the common law provides for judicial review more limited than a civil contract but more searching than is the case for an impartial labor arbitrator. Recently, the National Football League and its players ...


Class Certification Issues: In Re: National Football League Concussion Injury Litigation, Jessica Leigh Hawley Jun 2016

Class Certification Issues: In Re: National Football League Concussion Injury Litigation, Jessica Leigh Hawley

Pace Intellectual Property, Sports & Entertainment Law Forum

This paper will discuss whether the prerequisites of the Federal Rules of Civil Procedure, Rule 23, were properly applied in the certification of the class in the NFL Concussion Injury Litigation, with an emphasis on typicality. Discussion will begin with the general rule of class actions and drafter’s intent when the rule was enacted. It will then discuss the major amendment to the rule and the purpose of the amendment with a focus on typicality, and clarify the standard for the typicality requirement with a discussion of the United States Supreme Court decision in Amchem v. Georgine. The discussion ...


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.


A Red Card For Fifa: Corruption And Scandal In The World’S Foremost Sports Association, Chance Esposito Jan 2016

A Red Card For Fifa: Corruption And Scandal In The World’S Foremost Sports Association, Chance Esposito

Law Student Publications

On a global scale, soccer (or as it is commonly called in most other countries “football”) is the most popular sport based on its numbers alone with over 250 million players. In recent years, the sport has become increasingly popular in nations or territories such as the United States. As a result of this increased interest, the sport and its governing organization, The Federation Internationale de Football Association (“FIFA”), has been thrown into the global media arena in the past two decades. Recently unearthed information, however, has put the actions of the organization at the center of controversy for alleged ...


No More Mind Games: Content Analysis Of In-Game Commentary Of The National Football League’S Concussion Problem, Jeffrey Parker Jan 2016

No More Mind Games: Content Analysis Of In-Game Commentary Of The National Football League’S Concussion Problem, Jeffrey Parker

Theses and Dissertations (Comprehensive)

American (gridiron) football played at the professional level in the National Football League (NFL) is an inherently physical spectator sport, in which players frequently engage in significant contact to the head and upper body. Until recently, the long-term health consequences associated with on the field head trauma were not fully disclosed to players or the public, potentially misrepresenting the dangers involved in gameplay. Crucial to the dissemination of this information to the public are in-game televised commentators of NFL games, regarded as the primary conduits for mediating in-game narratives to the viewing audience. Using a social constructionist theoretical lens, this ...


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 ...


Wide Right: How Isp Immunity And Current Laws Are Off The Mark In Protecting The Modern Athlete On Social Media, Dominick J. Mingione Jun 2015

Wide Right: How Isp Immunity And Current Laws Are Off The Mark In Protecting The Modern Athlete On Social Media, Dominick J. Mingione

Pace Intellectual Property, Sports & Entertainment Law Forum

“[Y]our tranny looking dad is a disgrace to American football,” “I would rape the shit out of her,” and “[The] [B]ears are easier than you on prom night,” are just a sampling of some of the alarmingly harassing tweets received by Chloe Trestman between the night of November 9, 2014 and November 10, 2014. Who is Chloe Trestman, and what could she have possibly done to warrant such abuse? Chloe’s father is Marc Trestman, the head coach of the Chicago Bears. And the twitter vitriol, or “twitriol,” directed toward Chloe was in response to the Bears’ blowout ...


Leveling The Playing Field Among The Nfl, Clubs, And Players--By Amending The Employee Retirement Income Security Act, Alicia J. Anderson Jan 2015

Leveling The Playing Field Among The Nfl, Clubs, And Players--By Amending The Employee Retirement Income Security Act, Alicia J. Anderson

Marquette Sports Law Review

No abstract provided.


Bending The Rules To Change The Rule? Was The National Football League's Domestic Violence Policy Collectively Bargained For?, Sean P. Mccarthy Jan 2015

Bending The Rules To Change The Rule? Was The National Football League's Domestic Violence Policy Collectively Bargained For?, Sean P. Mccarthy

Marquette Sports Law Review

No abstract provided.


For The Love Of The Game: The Case For State Bans On Youth Tackle Football, Adam Bulkley Oct 2014

For The Love Of The Game: The Case For State Bans On Youth Tackle Football, Adam Bulkley

University of Michigan Journal of Law Reform Caveat

This football season, millions of Americans enjoying their favorite pastime might feel pangs of a guilty conscience. Years of scientific research into the long-term neurological effects of tackle football and a recent settlement between the National Football League (NFL) and thousands of retired NFL players have made football-related traumatic brain injuries (TBI) a topic of national conversation. Current and former NFL players and even President Obama have participated in the conversation, saying that they would hesitate to let their sons play the game for fear of possible brain injury. Because research has uncovered signs of permanent brain damage in players ...


Lessons From The Dolphins/Richie Incognito Saga, Kerri Lynn Stone Jun 2014

Lessons From The Dolphins/Richie Incognito Saga, Kerri Lynn Stone

Nevada Law Journal

No abstract provided.


I’M The One Making The Money, Now Where’S My Cut? Revisiting The Student-Athlete As An “Employee” Under The National Labor Relations Act, John J. Leppler Mar 2014

I’M The One Making The Money, Now Where’S My Cut? Revisiting The Student-Athlete As An “Employee” Under The National Labor Relations Act, John J. Leppler

Pace Intellectual Property, Sports & Entertainment Law Forum

This Article argues why the National Collegiate Athletic Association’s (NCAA) Big-Time Division I College Football and Men’s Basketball student-athletes are legally “employees” and why these student-athletes are inadequately compensated for their revenue-producing skills.

Part II of this Article sets forth the common law “right of control” test and the National Labor Relation Act’s (NLRA) special statutory test for students in a university setting, and shows how the National Labor Relations Board (NLRB) and the judiciary determine whether a particular person, specifically a university student, meets these standards and is legally an “employee”. Moreover, the NCAA asserts it ...


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.


Getting Your Bell Rung: Analyzing The Concussion Lawsuits Against The National Football League From Former Players, Joshua P. Monroe Jan 2013

Getting Your Bell Rung: Analyzing The Concussion Lawsuits Against The National Football League From Former Players, Joshua P. Monroe

Joshua P Monroe

There has been a great and divisive conflict between the National Football League and its former players about head injuries. Former players are claiming negligence by the league in the addressing the issues of head injuries. This paper investigates the argument by both sides in past, present, and possible future litigation, and further explores head injuries. This article explains that the current litigation, while useful, will not succeed because of its obscurity and the presumptions that it makes regarding concussions. This article proposes a new lawsuit that would combine aspects of the Major Tobacco Settlement Agreement of 1998 and the ...


Football V. Football: A Comparison Of Agent Regulation In France’S Ligue 1 And The National Football League, Thomas A. Baker Iii, Darren A. Heitner, Jean Francois Brocard, Kevin K. Byon Apr 2012

Football V. Football: A Comparison Of Agent Regulation In France’S Ligue 1 And The National Football League, Thomas A. Baker Iii, Darren A. Heitner, Jean Francois Brocard, Kevin K. Byon

Pace Intellectual Property, Sports & Entertainment Law Forum

Baker, Heitner, Broçard and Byon, in their article Football v. Football, analyze agent regulation in the NFL and compare it to how agents are regulated in France for Ligue 1. The article begins with a brief discussion on the concept of a sports agency that includes analysis of governmental regulation of agency in both the United States and in France. The article continues by exploring how agents are regulated in their representation of the NFL and Ligue 1 football players. Subsequently the article concludes with a discussion that includes suggestions concerning future agent regulation for both the NFL and Ligue ...


Can Summer Training Camp Practices Land Nfl Head Coaches In Hot Water?, Timothy Patrick Hayden Jan 2010

Can Summer Training Camp Practices Land Nfl Head Coaches In Hot Water?, Timothy Patrick Hayden

Marquette Sports Law Review

No abstract provided.


College Football's Serial Murderer: Sickle Cell Trait, Alejandro Bautista Jan 2010

College Football's Serial Murderer: Sickle Cell Trait, Alejandro Bautista

Marquette Sports Law Review

No abstract provided.


Labor Pains: The Effect Of A Work Stoppage In The Nfl On Its Coaches, Robert H. Lattinville, Robert A. Boland, Bennett Speyer Jan 2010

Labor Pains: The Effect Of A Work Stoppage In The Nfl On Its Coaches, Robert H. Lattinville, Robert A. Boland, Bennett Speyer

Marquette Sports Law Review

No abstract provided.


If You Build It, Will They Stay? An Examination Of State-Of-The-Art Clauses In Nfl Stadium Leases, Kristen E. Knauf Jan 2010

If You Build It, Will They Stay? An Examination Of State-Of-The-Art Clauses In Nfl Stadium Leases, Kristen E. Knauf

Marquette Sports Law Review

No abstract provided.


Third And Long: The Issues Facing The Nfl Collective Bargaining Agreement Negotiations And The Effects Of An Uncapped Year, Michael J. Redding, Daniel R. Peterson Jan 2009

Third And Long: The Issues Facing The Nfl Collective Bargaining Agreement Negotiations And The Effects Of An Uncapped Year, Michael J. Redding, Daniel R. Peterson

Marquette Sports Law Review

No abstract provided.


European Football's Home-Grown Players Rules And Nationality Discrimination Under The European Community Treaty, Lloyd Freeburn Jan 2009

European Football's Home-Grown Players Rules And Nationality Discrimination Under The European Community Treaty, Lloyd Freeburn

Marquette Sports Law Review

No abstract provided.


Dealing With The Nfl's Concussion Problems Of Yesterday, Today, And Tomorrow, Bryan Lipsky Jun 2008

Dealing With The Nfl's Concussion Problems Of Yesterday, Today, And Tomorrow, Bryan Lipsky

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


One For Twenty-Five: The Federal Courts Reverse A Decision Of The Nfl's Disability Board For The First Time Since 1993 In Jani V. Bert Bell/Pete Rozelle Nfl Player Retirement Plan, Derek Marks Jan 2008

One For Twenty-Five: The Federal Courts Reverse A Decision Of The Nfl's Disability Board For The First Time Since 1993 In Jani V. Bert Bell/Pete Rozelle Nfl Player Retirement Plan, Derek Marks

Jeffrey S. Moorad Sports Law Journal

No abstract provided.