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Topic: Tort Law

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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False Efficiency and Missed Opportunities in Law and Economics

Shawn J. Bayern Tul. L. Rev. Article
This Article points out a simple flaw common to many law-and-economics analyses, ranging from fundamental models like the Hand Formula to narrower arguments like those that oppose the doctrine of unconscionability. The flaw is straightforward: economic analyses of law often assume, either implicitly or explicitly, that when it is more efficient for an activity to occur than for it not to occur, it is efficient for legal rules to encourage the activity. Even on grounds of efficiency alone, however, knowing in isolation whether an activity produces more wealth than its absence is insufficient to conclude that the activity is efficient. [...]
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