Established in 1910, the National Collegiate Athletic Association (NCAA) purports to protect today’s student-athletes from exploitation. The NCAA has little control over how member institutions run their athletic departments, but maintains almost exclusive control over eligibility guidelines for student-athletes. These eligibility standards control not only potential student-athletes deciding which school to attend, but also controls enrolled student-athletes competing interscholastically. . . .
The mission of Pink Concussions.com 
The 2013 Jeffrey S. Moorad Sports Law Journal Symposium—Concussion Conundrum—explores, debates, and informs on the key issues facing players, teams, leagues, doctors, and lawyers regarding head injuries and brain trauma in sports. . . .
Professional sports franchises receive public funding and tax subsidies from all levels of government, including the federal government, state governments, county governments, and local governments. The use of taxpayer money to fund the construction of professional sports stadiums has a long and controversial history. . . .
On February 12, Kentucky basketball player Nerlens Noel collided with the base of a basketball hoop in a game against Florida, tearing his ACL and ending his season. While the timetable for recovery can be anywhere from six months to a year, Noel’s draft stock could suffer an unrecoverable injury. . . .
On January 22, 2013, the American Journal of Geriatric Psychiatry published the harrowing findings of a UCLA study on brain damage in living NFL football players, specifically chronic traumatic encephalopathy (“CTE”). Funded by groups researching the impact of concussions including the Brain Injury Research Institute, the study marks a significant breakthrough in brain injury research of athletes in high-contract sports. Living players now have the opportunity to see and understand the actual damage to their brains, whereas in the past such effects could only be seen after death. . . ..jpg)
While largely overshadowed by Manti Te’o’s fake girlfriend, Lance Armstrong’s interview with Oprah Winfrey airing on January 17, 2013 marked the end of an era for an American hero. By the time Armstrong interviewed with Oprah, the public was already accepting his guilt. The journey began in 1997, when Armstrong set up his Livestrong foundation after recovering from testicular cancer. Despite testing positive for a banned substance, Armstrong won his first Tour de France in 1999. . . .
In November 2012, the Arkansas Attorney General put a stop to a practice uncovered by a state legislative audit – the use of public forfeiture funds to pay athletic facility membership fees for prosecutors and other law enforcement personnel. The Attorney General’s opinion came in response to an inquiry from state Sen. Bill Pritchard and state Rep. Tim Summers, who serve as chairmen of the Legislative Joint Auditing Committee for the Arkansas legislature. . . .
When most people think of non-profits, names like The Salvation Army and The American Red Cross are likely come to mind. Therefore, it might come as a surprise to hear that major league sports associations like the NFL, the NHL, and the PGA are also non-profit organizations. The NFL, for example, is classified as a 501(c)(6) organization with the IRS, which means that it is a federal, non-profit, tax-exempt entity. In other words, the NFL is not required to pay taxes on any revenue it takes in, putting it on a similar plane as organizations like the Salvation Army and the Red Cross. . . .
Seattle hedge fund magnate, Chris Hansen, demonstrates that condemnation is not as necessary an evil for urban development as described here. Chris Hansen has committed to develop a new sports arena for an NBA franchise in Seattle, filling the void left by the now Oklahoma City Thunder. Hansen purchased rather than “took” all necessary land for his development project. His project serves as an interesting counterpoint to the Atlantic Yards development project, home of the Brooklyn Nets, because Washington and New York are two states that maintain the broad power to transfer private property to a private developer for a “public purpose” permitted after Kelo.
Stadiums are common carriers for the public, and therefore, states’ use of eminent domain for their construction should be justified. While the use of eminent domain may not be ideal, the long term community and economic benefits of stadiums will likely outweigh any costs of condemnation. . . .
It was a Sunday like any other . . . football games were being played across the country. . . rivalries were thriving . . . flags were flying . . . broadcasters were providing play-by-play commentary. And, then it happened, the comment: “like he was chasing a bucket of chicken.” These words came out of the mouth of long-time, stick-his-foot-in-his-mouth, announcer Terry Bradshaw. Bradshaw was attempting to describe Miami Dolphins running back Reggie Bush’s touchdown run. Many viewers were angered believing Bradshaw had deliberately made a racist comment. However, according to Bradshaw, his comment was more directed at NFL Fox Studio Analyst Jimmy Johnson and a reference to their running joke about Johnson’s love for Kentucky Fried Chicken. . . .
The NBA has instituted a new “anti-flopping” rule that hopes to prevent players from deceiving the referees into making foul calls. The impetus for this rule is the long history of infamous “floppers,” such as Reggie Miller with his leg kick and Vlade Divac falling when Shaq would sneeze. These acts led to fouls that did not deserve to be called. The new rule was not contained in the new CBA and has led to the National Basketball Player’s Association (“NBPA”) threatening to file labor grievances for unfair labor practices. The question now is whether the NBA will flip-flop on the anti-flopping rule. . . .
Maxime Talbot, Philadelphia Flyers Center/Wing, is packing his bags and heading to Finland, joining his teammate Scott Hartnell on the Finnish indoor ice, and several other Flyers players skating rinks throughout Europe. Talbot is one of many players forced to seek opportunities to play outside of the United States in the wake of the labor dispute which, sadly, has frozen this year’s hockey season and chilled fans’ enthusiasm for the National Hockey League. . . .
The forms and variations of yoga in popular culture are almost innumerable: yoga flow, aerial yoga, yoga for athletes, hot yoga, partner yoga – to name a few found in ordinary gyms. In recent years, however, yoga has not been free from legal controversy — disputes exist surrounding copyright of the well-known Bikram “hot yoga” poses, allegations of sexual assault by yoga instructors, and infringement disputes between yoga apparel manufacturers. . . .
The New York Times recently highlighted an increase in the number of middle schools requiring students to pass a drug test to participate in school sports and other extracurricular activities. Pennsylvania schools are at the center of this issue. . . .
New Jersey is endeavoring to become the fifth State to legalize sports gambling, and in the latest conflict between a State and the NCAA and other similar sports organizations, the State will likely prevail unless its opponents can offer evidence of why legalizing sports betting will specifically be harmful.
The debate surrounding whether NCAA student-athletes should receive compensation for their athletic performance continues to heat up just as temperatures cool down to usher in the beginning of college football season. A potentially billion-dollar lawsuit against the NCAA threatens to change college sports, the video game industry, and the lives of thousands of past, present, and future college athletes.
The debate surrounding whether NCAA student-athletes should receive compensation for their athletic performance continues to heat up just as temperatures cool down to usher in the beginning of college football season. A potentially billion-dollar lawsuit against the NCAA threatens to change college sports, the video game industry, and the lives of thousands of past, present, and future college athletes.
On August 15, 2012, San Francisco Giants outfielder Melky Cabrera was suspended fifty games without pay for testing positive for performance enhancing drugs (“PED”). Cabrera leads Major League Baseball (“MLB”) with a .346 batting average (two points ahead of Pittsburgh Pirates center fielder Andrew McCutchen), is fourth in hits with 159, ninth in on-base percentage (“OBP”) with .390, and seventh in runs scored with eighty-four. More importantly, these stats have helped propel the Giants to the top of the National League West. . .
Michael Phelps, the most highly decorated Olympian of all time, may be in hot water with the International Olympic Committee (“IOC”) after a Louis Vuitton advertisement of a scantily-clad Phelps appeared on several websites prior to August 15, the end date for the Olympics’ advertising ban. . .
Sports Law Publications
From the newest issues of the Jeffrey S. Moorad Sports Law Journal to insightful books by Villanova Law Faculty, there’s something for everyone. View...
2012 Villanova Sports Law Symposium
In February of 2012, the Moorad Sports Law Journal held its annual symposium on "Moneyball's Impact on Business and Sports." Speakers included Jeffrey S. Moorad, Billy Beane, and Omar Minaya. View the video of this event here.
Events
Be sure to keep up with Sports Law events at Villanova School of Law and other Philadelphia-area law schools on our events page. View...
