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Topic: Sports Law

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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The Illusion of Amateurism: A Climate of Tortious Interference in the World of Amateur Sports

Craig D. Alfred | Comment
When a player-agent pays an NCAA-eligible player in violation of NCAA regulations, the agent usually suffers no consequences. Instead, players and the universities they attend are sanctioned, often harshly. Attempts to find a solution to this problem–NCAA regulations, regulations of professional players associations, and state and federal legislation–have thus far been unsuccessful. There is a potential remedy, however: the tortious interference with contractual relations claim. When a gifted student-athlete decides to attend and play a sport at an NCAA-member university, the student-athlete typically receives a scholarship offer from the school and signs a National Letter of Intent. This Comment establishes [...]
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The Downside of Success: How Increased Commercialism Could Cost the NCAA Its Biggest Antitrust Defense

Jeffrey J.R. Sundram Tul. L. Rev. Comment

This Comment examines how the evolution of the NCAA, from an organization designed to promote fair competition and integrate intercollegiate sports into higher education, to a tax-exempt entity with annual revenues of over $500 million, could affect its favored antitrust status by the courts. The Comment first discusses how the NCAA has evolved over time. The author then examines how courts struggled to evaluate the organization’s antitrust liability, given its role in promoting amateurism, and how a Supreme Court loss ultimately helped shield the NCAA from antitrust liability in its dealings with student-athletes by accepting the preservation of amateurism as [...]

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“Sports Law”: Implications for the Development of International, Comparative, and National Law and Global Dispute Resolution

Matthew J. Mitten & Hayden Opie | Article

In this Article, we observe that legal regulation of national and international sports competition has become extremely complex and has entered a new era, which provides fertile ground for the creation and evolution of broader legal jurisprudence with potentially widespread influence and application. Our principal aim is to draw these developments to the attention of legal scholars and attorneys not necessarily familiar with sports law. Specifically, the evolving law of sports is having a significant influence on the development of international and national laws, is establishing a body of substantive legal doctrine ripe for analysis from a comparative law perspective, [...]

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This Field Is Our Field: Foreign Players, Domestic Leagues, and the Unlawful Racial Manipulation of American Sport

N. Jeremi Duru | Article

This Article argues that the MLS Policy restricting the numbers of international players on its teams’ rosters does, in fact, perpetuate unlawful racial discrimination. While the Policy does not facially discriminate against prospective players on the basis of race, and while its drafters may not have intended racial exclusion, the MLS Policy disproportionately and negatively impacts players of color–particularly blacks and Latinos. In that the MLS Policy serves to racially exclude in violation of federal antidiscrimination law, it demands scrutiny. This Article provides that scrutiny, examines the implications the MLS Policy has for America’s other premier professional sports leagues, and [...]

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