Issue 4 - Tulane Law Review

Competition on and off the Field: An Analysis of the Role of Antitrust Law in the Continuing Evolution of Professional Sports and Intercollegiate Athletics

Sarah S. Vance | Symposium

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Radical Reform of Intercollegiate Athletics: Antitrust and Public Policy Implications

Stephen F. Ross | Symposium

Universities operating major intercollegiate athletic programs are heading for, if not already in, a crisis. Corruption continues to affect major football and basketball programs, exacerbated by a failure of imagination and will in identifying and deterring corruption, and by a lack of consensus on what constitutes “corruption” when football and men’s basketball stars generate millions of dollars but cannot enjoy a lifestyle commensurate with many peer students. Current levels of spending are nonsustainable at many schools. Even where intercollegiate athletic programs are sustained primarily by football and basketball revenues, otherwise visionary and questioning college presidents have yet to publicly question [...]
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The Case for Reviving the Four-Year Deal

Ray Yasser | Symposium

Even the most avid sports fan may well not realize that the modern athletic scholarship is no longer a ‘four-year deal.” A quiet evolution has occurred and the traditional four-year deal has been consigned to the dust bin in the athletic director’s office. The modern athletic scholarship is now a one-year deal, renewable at the sole discretion of the university. The hypothesis of this Essay is that a viable antitrust cause of action exists on behalf of a scholarship recipient whose scholarship is not renewed, either because he or she has disappointed the coach or is no longer able to [...]
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Narcotic Effect of Antitrust Law in Professional Sports: How the Sherman Act Subverts Collective Bargaining

Michael H. LeRoy | Symposium

Using textual analysis and data from federal court opinions, I explore the relationship between collective bargaining and antitrust litigation in baseball, football, basketball, and hockey. My study draws from legal and industrial relations theories to explain how labor agreements in professional sports are settled by collective bargaining or antitrust litigation. First, when courts do not define the antitrust-labor law boundary so that labor disputes are exempt from their jurisdiction, they open an alternative path to bargaining these agreements. Second, when courts entertain antitrust lawsuits, they raise the odds that economic weapons under the NLRA will not be used because of [...]
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Brady v. NFL and Anthony v. NBA: The Shifting Dynamics in Labor-Management Relations in Professional Sports

Gabriel Feldman | Symposium

The last two decades in collective bargaining in professional sports have seen a dramatic shift toward aggressive management bargaining. The last seven work stoppages in professional sports have been the result of lockouts. Many factors can be attributed for this change, but this Essay focuses on one—the legitimization of the offensive use of the lockout. The expansion of the lockout has enabled team owners to claw back some of the gains made by professional sports unions over the last several decades and has helped tilt the labor-management relations scale toward management.

This Essay examines the evolution of the lockout and [...]
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From Dallas Cap* to American Needle and Beyond: Antitrust Law’s Limited Capacity to Stitch Consumer Harm from Professional Sports Club Trademark Monopolies*

Matthew J. Mitten | Symposium

A nearly fifty-year contemporaneous trend of increasing legal protection for sports team trademarks, collective exclusive licensing of professional sports team trademarks, and antitrust litigation regarding its validity culminated in the United States Supreme Court’s 2010 decision American Needle, Inc. v. NFL, which rejected the NFL’s single-entity defense. Collective exclusive trademark licensing by professional sports leagues generally does not have significant incremental anticompetitive effects beyond the consumer harm already caused by each individual club’s lawful trademark monopoly, which likely are outweighed by procompetitive benefits in many instances. However, in order for antitrust law to minimize the consumer harm caused by the [...]
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Competition on and off the Field: An Analysis of the Role of Antitrust Law in the Continuing Evolution of Professional Sports and Intercollegiate Athletics

Radical Reform of Intercollegiate Athletics: Antitrust and Public Policy Implications

The Case for Reviving the Four-Year Deal

Narcotic Effect of Antitrust Law in Professional Sports: How the Sherman Act Subverts Collective Bargaining

Brady v. NFL and Anthony v. NBA: The Shifting Dynamics in Labor-Management Relations in Professional Sports

From Dallas Cap* to American Needle and Beyond: Antitrust Law’s Limited Capacity to Stitch Consumer Harm from Professional Sports Club Trademark Monopolies*

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Competition on and off the Field: An Analysis of the Role of Antitrust Law in the Continuing Evolution of Professional Sports and Intercollegiate Athletics

Radical Reform of Intercollegiate Athletics: Antitrust and Public Policy Implications

The Case for Reviving the Four-Year Deal

Narcotic Effect of Antitrust Law in Professional Sports: How the Sherman Act Subverts Collective Bargaining

Brady v. NFL and Anthony v. NBA: The Shifting Dynamics in Labor-Management Relations in Professional Sports

From Dallas Cap to American Needle and Beyond: Antitrust Law’s Limited Capacity to Stitch Consumer Harm from Professional Sports Club Trademark Monopolies

Directory

Contact

Search

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From Dallas Cap* to American Needle and Beyond: Antitrust Law’s Limited Capacity to Stitch Consumer Harm from Professional Sports Club Trademark Monopolies*