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Why And How The Supreme Court Should Have Decided Obannon V Ncaa
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Book Synopsis Why and How the Supreme Court Should Have Decided O'Bannon V. NCAA. by : Matt Mitten
Download or read book Why and How the Supreme Court Should Have Decided O'Bannon V. NCAA. written by Matt Mitten and published by . This book was released on 2017 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite requests by both parties, the United States Supreme Court refused to grant a writ of certiorari in O'Bannon v. NCAA, the first federal appellate court decision holding that an NCAA student-athlete eligibility rule violates section 1 of the Sherman Act. The Ninth Circuit ruled that NCAA rules prohibiting intercollegiate athletes from receiving any revenue from videogames and telecasts incorporating their names, images, or likenesses unreasonably restrain economic competition among its member universities in the college education market in which these athletes purchase higher education services and sell their athletic services, which violates federal antitrust law. Circuit court rulings conflict regarding whether student-athlete eligibility rules are commercial restraints subject to the Sherman Act, and lower courts have inconsistently interpreted and applied NCAA v Board of Regents of University of Oklahoma, the Supreme Court's only intercollegiate athletics antitrust law precedent. The Supreme Court's refusal to resolve this conflict continues the significant judicial confusion regarding how antitrust law constrains the NCAA's governance of intercollegiate athletics, which has evolved into a multibillion dollar part of the entertainment industry with millions of fans and more than 450,000 student-athletes. Its decision not to do also creates uncertainty regarding how lower courts will resolve pending antitrust challenges to other NCAA amateurism rules and input market restraints such as limits on the duration and maximum number of athletic scholarships per sport as well as transfer rules. This article makes some recommendations for applying section 1 to NCAA student-athlete eligibility rules and input market restraints, which will better promote consumer welfare, protect student-athletes' economic rights, and permit the NCAA to promote the unique features of intercollegiate sports without unwarranted judicial micromanagement.
Download or read book Court Justice written by Ed O'Bannon and published by Diversion Books. This book was released on 2018-02-13 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Like Curt Flood and Oscar Robertson, who paved the way for free agency in sports, Ed O’Bannon decided there was a principle at stake... O’Bannon gave the movement to reform college sports...passion and purpose, animated by righteous indignation.” —Jeremy Schaap, ESPN journalist and New York Times bestselling author In 2009, Ed O’Bannon, once a star for the 1995 NCAA Champion UCLA Bruins and a first-round NBA draft pick, thought he’d made peace with the NCAA’s exploitive system of “amateurism.” College athletes generated huge profits, yet—training nearly full-time, forced to tailor coursework around sports, often pawns in corrupt investigations—they saw little from those riches other than revocable scholarships and miniscule chances of going pro. Still, that was all in O’Bannon’s past...until he saw the video game NCAA Basketball 09. As avatars of their college selves—their likenesses, achievements, and playing styles—O’Bannon and his teammates were still making money for the NCAA. So, when asked to fight the system for players past, present, and future—and seeking no personal financial reward, but rather the chance to make college sports more fair—he agreed to be the face of what became a landmark class-action lawsuit. Court Justice brings readers to the front lines of a critical battle in the long fight for players’ rights while also offering O’Bannon’s unique perspective on today’s NCAA recruiting scandals. From the basketball court to the court of law facing NCAA executives, athletic directors, and “expert” witnesses; and finally to his innovative ideas for reform, O’Bannon breaks down history’s most important victory yet against the inequitable model of multi-billion-dollar “amateur” sports.
Book Synopsis Unsportsmanlike Conduct by : Walter Byers
Download or read book Unsportsmanlike Conduct written by Walter Byers and published by University of Michigan Press. This book was released on 1997-08-27 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: DIVA challenge to the present system of college athletics /div
Book Synopsis Sports Law and Regulation by : Matthew J. Mitten
Download or read book Sports Law and Regulation written by Matthew J. Mitten and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Suitable for use as a primary text in either a two- or three-credit general sports law course, Sports Law and Regulation explores both amateur and professional sports as well as issues common to both industries. A comprehensive collection of cases and materials provides balanced perspective and flexible coverage. Sports Law and Regulation: Cases, Materials, and Problems, features: landmark historical cases and significant recent cases that reflect the current law regulating the sports industry insightful discussion of the developing law governing amateur and professional sports industries helpful introductions and clear exposition Notes and Questions that suggest philosophical, sociological, psychological, and economic policy issues and themes hypothetical problems skill-building exercises in client counseling, negotiation, and drafting a contract flexible organization supports different teaching objectives—for example, a focus on amateur sports or professional sports law detailed Teacher’s Manual* that includes sample syllabi and answers to all of the questions and problems in the casebook Updated throughout, The streamlined Second Edition includes: updates to principal cases to reflect recent developments in Sports Law discussion and materials that reflect the globalization of sports additional review problems With a balance of text, cases, materials, and skill-development problems, Sports Law and Regulation presents an interdisciplinary perspective on the law governing amateur and professional sports. Flexible and comprehensive, this casebook supports and complements your teaching objectives and preferences. *A Teacher’s Manual may be available for this book. Teacher’s Manuals are a professional courtesy offered to professors only. For more information or to request a copy, please contact Aspen Publishers at 800-950-5259 or [email protected].
Book Synopsis The Myth of the Amateur by : Ronald A. Smith
Download or read book The Myth of the Amateur written by Ronald A. Smith and published by University of Texas Press. This book was released on 2021-05-04 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this in-depth look at the heated debates over paying college athletes, Ronald A. Smith starts at the beginning: the first intercollegiate athletics competition—a crew regatta between Harvard and Yale—in 1852, when both teams received an all-expenses-paid vacation from a railroad magnate. This striking opening sets Smith on the path of a story filled with paradoxes and hypocrisies that plays out on the field, in meeting rooms, and in courtrooms—and that ultimately reveals that any insistence on amateurism is invalid, because these athletes have always been paid, one way or another. From that first contest to athletes’ attempts to unionize and California’s 2019 Fair Pay to Play Act, Smith shows that, throughout the decades, undercover payments, hiring professional coaches, and breaking the NCAA’s rules on athletic scholarships have always been part of the game. He explores how the regulation of male and female student-athletes has shifted; how class, race, and gender played a role in these transitions; and how the case for amateurism evolved from a moral argument to one concerned with financially and legally protecting college sports and the NCAA. Timely and thought-provoking, The Myth of the Amateur is essential reading for college sports fans and scholars.
Download or read book In the Arena written by Joseph N. Crowley and published by . This book was released on 2006 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Economics of College Sports by : John L. Fizel
Download or read book Economics of College Sports written by John L. Fizel and published by Bloomsbury Publishing USA. This book was released on 2004-03-30 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: Operating behind a veil of amateurism, the NCAA and collegiate athletic departments oversee big business sports programs. These entities generate revenues comparable to professional sports, practice and play in facilities that rival those found in professional sports, and pay their top coaches salaries comparable to the salaries paid to coaches of professional sports teams. Athletes are courted with lavish stadiums, training facilities, and locker rooms. Customers are wooed with branded apparel, videos, logos, and advertisements. Business interests are captured with stadium billboards, electronic ads on scoreboards, sponsorship of bowl games, logos on uniforms, and exclusive apparel and equipment contracts. Where do, or should, these lucrative athletic ventures fit in the mission of higher education? To what extent is the central mission of creating an environment for learning and extending the frontiers of knowledge enhanced or limited by college sports? Are declarations by the NCAA to promote amateurism and competitive balance supportive of the university mission? Does the NCAA even follow its purported objectives? The Economics of College Sports contains both empirical and theoretical research to address these and related issues. Perhaps the most unique contributions focus on the interactions between legal and institutional aspects of the NCAA and their impact on the objectives and goals of university education; all of the contributions provide insights that will generate significant discussion about the policies necessary to sustain the vitality and integrity of the university education-sports coalition.
Download or read book Indentured written by Joe Nocera and published by Penguin. This book was released on 2016-02-16 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: “How can the NCAA blithely wreck careers without regard to due process or common fairness? How can it act so ruthlessly to enforce rules that are so petty? Why won’t anybody stand up to these outrageous violations of American values and American justice?” In the four years since Joe Nocera asked those questions in a controversial New York Times column, the National Collegiate Athletic Association has come under fire. Fans have begun to realize that the athletes involved in the two biggest college sports, men’s basketball and football, are little more than indentured servants. Millions of teenagers accept scholarships to chase their dreams of fame and fortune—at the price of absolute submission to the whims of an organization that puts their interests dead last. For about 5 percent of top-division players, college ends with a golden ticket to the NFL or the NBA. But what about the overwhelming majority who never turn pro? They don’t earn a dime from the estimated $13 billion generated annually by college sports—an ocean of cash that enriches schools, conferences, coaches, TV networks, and apparel companies . . . everyone except those who give their blood and sweat to entertain the fans. Indentured tells the dramatic story of a loose-knit group of rebels who decided to fight the hypocrisy of the NCAA, which blathers endlessly about the purity of its “student-athletes” while exploiting many of them: The ones who get injured and drop out because their scholarships have been revoked. The ones who will neither graduate nor go pro. The ones who live in terror of accidentally violating some obscure rule in the four-hundred-page NCAA rulebook. Joe Nocera and Ben Strauss take us into the inner circle of the NCAA’s fiercest enemies. You’ll meet, among others . . . ·Sonny Vaccaro, the charismatic sports marketer who convinced Nike to sign Michael Jordan. Disgusted by how the NCAA treated athletes, Vaccaro used his intimate knowledge of its secrets to blow the whistle in a major legal case. ·Ed O’Bannon, the former UCLA basketball star who realized, years after leaving college, that the NCAA was profiting from a video game using his image. His lawsuit led to an unprecedented antitrust ruling. ·Ramogi Huma, the founder of the National College Players Association, who dared to think that college players should have the same collective bargaining rights as other Americans. ·Andy Schwarz, the controversial economist who looked behind the façade of the NCAA and saw it for what it is: a cartel that violates our core values of free enterprise. Indentured reveals how these and other renegades, working sometimes in concert and sometimes alone, are fighting for justice in the bare-knuckles world of college sports.
Book Synopsis Dispute Resolution in Sport by : David McArdle
Download or read book Dispute Resolution in Sport written by David McArdle and published by Routledge. This book was released on 2014-09-19 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: An increasing number of sport disputes are being resolved by way of arbitration. This is the first book to critically examine the processes and benefits of sportspecific arbitration as compared to litigation. The book explores, in depth, the development of alternative dispute resolutions in sports, paying particular attention to high-profile institutions such as the Court of Arbitration for Sport, the FIFA Football Dispute Resolution Panel and important national-level bodies, and their relationship with national and international-level actors such as the IOC, WADA and the European Union. It also examines in detail the legal frameworks within which sports arbitration systems operate, considers their similarities with other arbitral bodies and considers the extent to which ADR in sport can be seen as a consequence of, and perhaps a solution to, the ‘juridification’ of sports. Offering a theoretical basis with which to understand the relationship between arbitration and litigation, as well as providing guidance on key contemporary issues and best practice, this book is important reading for students, researchers and practitioners working in sports law, sports management and administration, sports politics, sports ethics, and international organisation.
Book Synopsis The Right of Publicity by : Jennifer Rothman
Download or read book The Right of Publicity written by Jennifer Rothman and published by Harvard University Press. This book was released on 2018-05-07 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.
Book Synopsis Sports Law and Regulation by : Matthew J. Mitten
Download or read book Sports Law and Regulation written by Matthew J. Mitten and published by Aspen Publishing. This book was released on 2019-11-13 with total page 1534 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sports Law and Regulation explores both amateur and professional sports as well as issues common to both industries. A comprehensive collection of cases and materials provides balanced perspective and flexible coverage, while the organization provides instructors the flexibility to cover selected sections or chapters for a separate course in either Amateur Sports Law or Professional Sports Law. The fifth edition includes recent landmark sports precedents, cases, and articles. Materials examining internal governance issues of the MLB, the World Anti-doping Code applying to sports doping, the NCAA infractions process, and concussions and brain trauma have also been included in the updated edition. Sports Law and Regulation contains the appropriate amount of introductory and explanatory materials, notes, and questions to facilitate students’ understanding as well as hypothetical problems for applying new knowledge. New to the 5th Edition: New problems on sports intellectual property Recent antitrust cases challenging NCAA student-athlete eligibility rules Excerpts from recent law review articles by former MLB commissioner Bud Selig regarding MLB internal governance issues New CAS cases applying World Anti-doping Code to sports doping Landmark Castor Semenya CAS award Recent cases regarding National Governing Body (NGB) legal duty to protect athletes from sexual abuse and U.S. Safe Sport legislation Updates on tort liability of NGB for failure to have appropriate return to play protocol after athlete concussion: Mayall v USA Water Polo, Inc. Updates on the legal challenges to the use of Native American mascots in sports Professors and students will benefit from: Landmark historical cases and significant recent cases that reflect the current law regulating the sports industry Notes and Questions that suggest philosophical, sociological, psychological, and economic policy issues and themes Flexible organization supports different teaching objectives, ranging from a focus on amateur sports through to professional sports law Skill-building exercises in client counseling, negotiation, and contract drafting Teaching materials include: Teacher’s Manual Semi-annual online supplement
Download or read book Antitrust Law written by Phillip Areeda and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Intercollegiate Athletics and the American University by : James J. Duderstadt
Download or read book Intercollegiate Athletics and the American University written by James J. Duderstadt and published by University of Michigan Press. This book was released on 2009-04-21 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: After decades of domination on campus, college sports' supremacy has begun to weaken. "Enough, already!" detractors cry. College is about learning, not chasing a ball around to the whir of TV cameras. In Intercollegiate Athletics and the American University James Duderstadt agrees, taking the view that the increased commercialization of intercollegiate athletics endangers our universities and their primary goal, academics. Calling it a "corrosive example of entertainment culture" during an interview with ESPN's Bob Ley, Duderstadt suggested that college basketball, for example, "imposes on the university an alien set of values, a culture that really is not conducive to the educational mission of university." Duderstadt is part of a growing controversy. Recently, as reported in The New York Times, an alliance between university professors and college boards of trustees formed in reaction to the growth of college sports; it's the first organization with enough clout to challenge the culture of big-time university athletics. This book is certainly part of that challenge, and is sure to influence this debate today and in the years to come. James J. Duderstadt is President Emeritus and University Professor of Science and Engineering, University of Michigan.
Book Synopsis The Rise of Populism by : Stephen K. Bannon
Download or read book The Rise of Populism written by Stephen K. Bannon and published by House of Anansi. This book was released on 2019-06-18 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: The twenty-third semi-annual Munk Debate, held on November 2, 2018, pits Stephen Bannon, the CEO of the Donald Trump presidential campaign, against columnist and author David Frum to debate the future of liberalism against the rising tide of populism. Throughout the Western world, politics is undergoing a sea-change. Long-held notions of the role of government, trade and economic policy, foreign policy, and immigration are being challenged by populist thinkers and movements. Does this surging populist agenda in Western nations signal a permanent shift in our politics? Or is it a passing phenomenon that will remain at the fringes of society and political power? Will our politics continue to be shaped by the post-war consensus on trade, inclusive national identity, and globalization, or by the agenda of insurgent populist politics, parties, and leaders? The twenty-third semi-annual Munk Debate pits former Donald Trump advisor Stephen K. Bannon against columnist and public intellectual David Frum to debate the future of the liberal political order.
Download or read book Antitrust Law written by Phillip Areeda and published by . This book was released on 1978 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Oxford Handbook of American Sports Law by : Michael A. McCann
Download or read book The Oxford Handbook of American Sports Law written by Michael A. McCann and published by Oxford University Press. This book was released on 2018 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of American Sports Law is a timely and engaging compilation of commentaries by leading experts on the most significant issues in US sports law. The book blends analysis of historical and contemporary controversies with prescriptions for how courts and lawmakers can reconcile the competing interests of leagues, owners, and players. The Handbook also establishes a foundation for future research on sports law issues. As technology and social media alter the ways fans, athletes, and team officials interact, legal doctrine will be challenged to adapt, and the Handbook both forecasts these debates and outlines where the law may be headed.
Book Synopsis The Rights of Publicity and Privacy by : J. Thomas McCarthy
Download or read book The Rights of Publicity and Privacy written by J. Thomas McCarthy and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
