Recent Publications
Volume 19, Issue 2
"Moneyball's" Impact on Business and Sports
Panelists: Jeffrey S. Moorad, Billy Beane, Omar Minaya, and Phil Griffin
Moderator: Hon. Edward G. Rendell
Penalty on the Field: Creating a NCAA Sexual Assault Policy
Trisha Ananiades
The Right of Publicity in New York and California: A Critical Analysis
Paul Czarnota
Don Fehr Trades His Ball for a Puck: Will He Continue to Score?
Jordan I. Kobritz, Jeffrey F. Levine & Steven C. Palmer
The Worst Form of Championship, Except for All of the Others That Have Been Tried: Analyzing the Potential Anti-Trust Vulnerability of the Bowl Championship Series
David L. Ricci
Brady v. NFL: How the Eighth Circuit "Saved" the 2011 NFL Season by Supporting Negotiation, Not Litigation
Erick V. Posser
This is Hardcore: Why the Court Should Have Granted a Writ of Mandamus Compelling Mandatory Condom Use to Decrease the Transmission of HIV and STDs in the Adult Film Industry
Tara M. Allport
Driving American's Perception of Recreation: Awaiting the Park Service's Long-term solution to Address Snowmobile Access in Yellowstone National Park
Thomas M. Duncan
Stealing Home in Hollywood: Why the Takeover of the Los Angeles Dodgers Illustrates the Unjust Nature of Major League Baseball's Antitrust Exemption
John W. Polonis
To catch an Art Thief: Using International and Domestic Laws to Paint Fraudulent Art Dealers into a Corner
By Amber J. Slattery
Volume 19, Issue 1
Settling Cultural Property Disputes
by Amy Bitterman
Defining “Public Concern” After Snyder v. Phelps: A Pliable Standard Mingles with News Media Complicity
by Clay Calvert
The Limited Protections of Intellectual Property Law for the Variety Arts: Protecting Zacchini, Houdini, and Cirque du Soleil
by Sara J. Crasson
The Paper Case: The Neutral Reportage Privilege in Defamation Cases and its Impact on the First Amendment
by Shelly Rosenfeld
“Send Me a Picture Baby, You Know I’d Never Leak it”: The Role of Miller v. Mitchell in the Ongoing Debate Concerning the Prosecution of Sexting
by Mallory M. Briggs
Home Field Advantage: Determining the Appropriate “Turf” for Williams v. National Football League and Clarifying Preemption Precedent
by Dana A. Gittleman
Sister Wives: A New Beginning for United States Polygamist Families on the Eve of Polygamy Prosecution?
by Kaitlin R. McGinnis
Perplexing Precedent: United States v. Stevens Confounds a Century of Supreme Court Conventionalism and Redefines the Limits of “Entertainment”
by Meredith L. Shafer
Gender Non-Conformity as a Foundation for Sex Discrimination: Why Title IX May Be an Appropriate Remedy for the NCAA’s Transgender Student-Athletes
by Jennifer Sinisi
Permitting Student-Athletes to Accept Endorsement Deals: A Solution to the Financial Corruption of College Athletics Created by Unethical Sports Agents and the NCAA’s Revenue-Generating Scheme
by Michael A. Corgan
Volume 18, Issue 2
Introduction: A Re-Examination of the Convergence of Antitrust Law and Professional Sports Leagues
by Christine A. Miller
Why Copperweld Was Actually Kind of Dumb: Sound, Fury and the Once and Still Missing Antitrust Theory of the Firm
by Chris Sagers
American Needle and the Application of the Sherman Act to Professional Sports Leagues
by Gregory J. Werden
Is There Life After Death for Sports League Immunity? American Needle and Beyond
by Meir Feder
The Entrenchment of the Glass Sneaker Ceiling: Excavating Forty-Five Years of Sex Discrimination Involving Educational Athletic Employment Based on Title VII, Title IX and the Equal Pay Act
by Diane Heckman
The Internet and Copyright Protection: Are We Producing a Global Generation of Copyright Criminals?
by Fredrick Odoul Oduor
The End of Indecency? The Second Circuit Invalidates the FCC’s Indecency Policy in Fox Television Stations, Inc. v. FCC
by John V. O’Grady
“Rolling the Dice” on Financial Regulatory Reform: Gambling Law as a Framework for Regulating Structured Investments
by Christopher B. Chuff
Not With A Bang, But A Whimper: Congress’s Proposal to Overturn the Supreme Court’s Leegin Decision with the Discount Pricing Consumer Protection Act of 2009
by Ariana E. Gillies
Kiddie Porn in the Gallery: Defending the Artist’s Corpus or Invading the Corporal Integrity of the Subject
by Jessica N. White
Volume 18, Issue 1
What’s A “Clean” Agent to Do? The Case for a Cause of Action Against a Player’s Association
by Chris Deubert
Collective Rights Licensing for Internet Downloads and Streams: Would it Properly Compensate Rights Holders?
by Steven Masur
New Business Models for Music
by Henry H. Perritt, Jr.
National Basketball Association General Managers: An Analysis of the Responsibilities, Qualifications and Characteristics
by Glenn M. Wong & Chris Deubert
America’s Cup in America’s Court: Golden Gate Yacht Club v. Société Nautique de Genève
by Joseph F. Dorfler
Paris Hilton Avoids Getting Slapped: The Application of California’s Anti-Slapp Statute to a Right of Publicity Claim in Hilton v. Hallmark Cards
by Lindsay C. Hanifan
Born to be Used in the U.S.A: An Alternative Avenue for Evaluating Politicians’ Unauthorized Use of Original Musical Performances on the Campaign Trail
by Matthew J. Cursio
Volume 17, Issue 2
Introduction
by Yang-Ming Tham
The Absence of a Comprehensive Federal Policy Toward Internet and Sports Wagering and a Proposal For Change
by Anthony Cabot
You Can’t Get There From Here: IGRA Needs Reinvention Into a Relevant Statute For a Mature Industry
by Antonia Cowan
U.S. Land-Based and Internet Gambling; Would You Bet on a Rosy Future?
by Joseph M. Kelly
Gambling and the Law ®: The Third Wave of Legal Gambling
by I. Nelson Rose
Gambling Taxes: The Philosophy, the Constitution and Horizontal Equity
by William N. Thompson
The Supreme Court and Exclusions by Racetracks
by Bennett Liebman
The Legal & Business Aspects of Career-Ending Disability Insurance Policies in Professional and College Sports
by Glenn M. Wong & Chris Deubert
Huddle Up: Surveying the Playing Field on the Single Entity Status of the National Football League in Anticipating of American Needle v. NFL
by Constantine J. Avgiris
La Russa’s Loophole: Trademark Infringement Lawsuits and Social Networks
by Jillian Bluestone
Is Fashion and Art Form That Should Be Protected or Merely a Constantly Changing Media Encouraging Replication of Popular Trends?
by Alissandra Burack
Nine Years and Still Waiting: While Congress Continues To Hold Off On Amending Copyright Law for the Digital Age, Commercial Industry Has Largely Moved On
by Matthew Friedman
Volume 17, Issue 1
Sports in the Courts: The Role of Sports References in Judicial Opinions
by Douglas E. Abrams
A Perception of Impropriety: The Use of Packaging Deals in College Basketball Recruiting
by Erick S. Lee
Sports Agents: Ethical Representatives or Overly Aggressive Adversaries
by Stacey B. Evans
Be Kind, Please Rewind: The Second Circuit Gives Cable Providers Something to Watch in Cartoon Network L.P., v. CSC Holdings, Inc.
by Peter Hamner
And It Only Took Them 307 Years: Ruminations on Legal and Non-Legal Approaches to Diversifying Head Coaching in College Football
by Ron S. Hockbaum
Honest to Blog: Balancing the Interests of Public Figures and Anonymous Bloggers in Defamation Lawsuits
by Yang-Ming Tham
Volume 16, Issue 2
Introduction Symposium: The House that Taxpayers Built: Stadiums, Speech and Public Funding
by John C. Fuller
The House That Taxpayers Built: Exploring the Rise in Publicly Funded Baseball Stadiums from 1953 Through the Present
by Marc Edelman
The Monopoly Myth: A Comment on the Public Funding of Sports Stadiums
by Jeffrey Standen
Pilots and Public Policy: Steering Through the Economic Ramifications
by Victor Matheson & Brad R. Humphreys
Harry Potter and the Copyright Act: Have the Courts Finally Waved a Magic Wand by Defining Fair Use for Secondary Authors
by Meg Reid
Restoring the Balance: Bringing Back Consumer Rights in UMG Recordings v. Augusto by Reaffirming the First Sale Doctrine in Copyright Law
by Maureen Steimer
Full Court Press: How Collective Bargaining Weakened the NBA's Competitive Edge in a Globalized Sport
by Matthew Epps
Are You Not Entertained - Is This Not Why You Are Here - U.S. Taxation of Foreign Athletes and Entertainers
by Stephen Taylor
Volume 16, Issue 1
The NBA Dress Code and other Fashion Faux Pas Under Title VII
by Mark R. Bandsuch
The Sovereign Nation of Baseball: Why Federal Law Does Not Apply to America's Game and How It Got That Way
by Mitchell Nathanson
Survey: A Global Perspective on the Most Important Cases Affecting the Sports Industry
by Hayden Opie
Blades of Steal: The Fight for Control of Sports Clubs' Websites and Media Rights in Madison Square Garden, L.P. v. National Hockey League
by Michael Huntowski
Law in the Virtual World: Should the Surreal World of Online Communities be Brought Back to Earth by Real World Laws
by David Assalone
The Dark Horse of Drug Abuse: Legal Issues of Administering Performance-Enhancing Drugs to Racehorses
by Kimberli Gasparon
Over and Out: Examining How Cognitive Radio Will Affect First Amendment Restrictions on Broadcast Media
by Theresa Skonicki
Volume 15, Issue 2
The Duke Lacrosse Matter as a Case Study of the Right to Reply to Prejudicial Pretrial Extrajudicial Publicity Under Rule 3.6(c)
by James R. Devine
“J.J. Morrison” and His Right of Publicity Lawsuit Against the NCAA
by Sean Hanlon & Ray Yasser
Like a Candle in the Wind: Shaw Family Archives, LTD. v. CMG Worldwide, Inc. and the Flickering Recognition of Marilyn Monroe’s Right of Publicity in New York
by John C. Fuller
Drunk or Disabled? The Legal and Social Consequences of Roy Tarpley’s Discrimination Claim Against the NBA
by Robin L. Muir
Baseball Juiced Up: Should the Increased Risk Associated With the Use of Performance-Enhancing Substances Create Tort Liability?
by Gregory D. Hanscom
“Celebritysquatting”: The Ubiquity of Celebrity Culture and the Unique Problem It Presents for Domain Name Ownership
by Sarah Noel Sheffield
Volume 15, Issue 1
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
by Derek Marks
Inequality in the Game vs. “Inequality in the Legal System”: The Constitutionality of Searches and Seizures in United States v. Comprehensive Drug Testing
by Elizabeth Rocco
Professional Athletes Playing Video Games – The Next Prohibited “Other Activity?”
by Jonathan M. Etkowicz
The Graduate Transfer Rule: Is the NCAA Unnecessarily Hindering Student-Athletes From Traversing the Educational Paths They Desire?
by William C. Martin
Political Balk: Opening the Door for U.S.-Cuba Policy Reform Via Diplomatic Blunder at the World Baseball Classic
by John O’Brien
