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Exploring the NCAA’s Antitrust Arguments Ahead of Oral Argument in NCAA v. Alston
Cert Granted in Alston: Revisiting Board of Regents and the Uniqueness of Antitrust Law’s Applicability to Sports in Light of the NCAA’s Cert Petition As Congress debates federal legislation on the subject of publicity rights for student-athletes, the NCAA works to rebound from a COVID-marred year, and the Supreme Court considers the NCAA’s appeal in NCAA v. Alston, 2021 is shaping up to be one of the most consequential years in the history of college sports. On December 16, 2020, the Court granted certiorari in Alston, a case concerning the applicability of federal antitrust law to the NCAA’s eligibility rules. Those rules, as […]
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Regulating the Blanket License: A Path Towards Terminating the ASCAP/BMI Consent Decrees
Regulating the Blanket License: A Path Towards Terminating the ASCAP/BMI Consent Decrees By Dallin Earl Dallin Earl is a 2020 graduate of Harvard Law School and former president of the Recording Artists Project at HLS. The introduction to Regulating the Blanket License: A Path Towards Terminating the ASCAP/BMI Consent Decrees is below and you can read the entirety of this terrific article, by clicking on the hyperlink. Introduction Since 1941, the ASCAP and BMI consent decrees have shaped the legal and business landscape of the music industry. The market efficiencies of blanket licensing introduced by ASCAP’s early 20th Century founding enabled […]
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Music, Fashion, Sports, and Entertainment Amidst the Pandemic: About the Author
Loren Cheri Shokes received her J.D. from Harvard Law School (2017), her B.A., summa cum laude, from the University of California, Los Angeles (2013), and is the author of Life After Death: How to Protect Artists’ Post-Mortem Rights, 9 Harv. J. Sports & Ent. L. 27 and Note, Financing Music Labels in the Digital Era of Music: Live Concerts and Streaming Platforms, 7 Harv. J. Sports & Ent. L. 134. Loren is also a former JSEL Executive Board Member and Interviewer. In an upcoming series of articles, Loren assesses the impact of the coronavirus pandemic on the music, fashion, sports, and […]
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See You in Court? How the University of Memphis and James Wiseman Defying the NCAA Has Sparked Discussion about Association Rules
The National Collegiate Athletic Association (NCAA) on Friday made news for attempting to sideline two of its biggest stars. Memphis basketball player James Wiseman and Ohio State football player Chase Young each face allegations from the NCAA of financial misconduct that calls their respective eligibilities into question. The Ringer’s Rodger Sherman opines that the players “are arguably the top prospects in next year’s NBA and NFL drafts, respectively, and two of the most exciting players in all of college sports.” Young and Ohio State are playing it safe—the standout defensive end sat out the Buckeyes’ game against Maryland on Saturday as […]
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Technical Foul: When Anticorruption Enforcement in Sports Goes Too Far
By Ross Evans ’20 Editor’s Note: In light of the March 6th sentencing of the defendants in United States v. Gatto (the first NCAA hoops corruption trial), we wanted to share a piece—written by our managing editor (Ross Evans ’20) and published on The Global Anticorruption Blog (GAB) in January—that argues the federal government’s successful prosecution in the case does not necessarily represent a positive development for anticorruption efforts overall. We re-publish it here with permission from the GAB. From the U.S. federal government prosecuting FIFA officials in New York City to Transparency International both announcing an organizational initiative on sports anticorruption and publishing a 398-page […]
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Convicting Celebrities: How the Morals Clause Continues to Shape American Culture
By Stuart N. Brotman Matt Lauer and Louis C.K. may be the latest answers on Jeopardy. But here is the real question: How do you control talent behavior in the entertainment and media fields? This inquiry has been posed for over 80 years now. When Hollywood had a studio system for the movie industry, most of the major talent was under long-term contract. Typically, those contracts would last seven years. At that point, studios were placing a major bet on talent. These were people that the studio was going to nurture, but as part of that bargain, what the studios wanted was a […]
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Is Real-World Protection Available for Fictional Fashions?
By Douglas Hand, Jr. and Marc S. Reiner[1] I. Introduction Englishman Charles Frederick Worth is credited as the father of the modern fashion industry in the nineteenth century.[2] Through his brand – House of Worth – he was the first designer to create a catalogue of designs to be worn by models in his store from which his clients could choose.[3] This move away from a bespoke business model was the first prominent example of what we know now as a fashion line.[4] Today, the United States fashion industry generates over $250 billion per year.[5] Despite the great value that must […]
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Influence of the Private Enforcement of Competition Law on Sport in the European Union against the United States Law Background
This commentary piece was written by Dr hab. Marek Krzysztof Kolasiński, professor at Nicolaus Copernicus University in Toruń, and was submitted in conjunction with Professor Kolasiński’s recent interview with JSEL which can be found here. Influence of the Private Enforcement of Competition Law on Sport in the European Union against the United States Law Background Private enforcement of competition law is a relatively new phenomenon in European Union law. However, there is a clear tendency towards its enhancement.[1] Adopting the Directive 2014/104/EU of 26 November 2014 on certain rules governing actions for damages under national law for infringements of the competition law provisions […]
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Jumpman Case Is No Slam Dunk
Jacobus Rentmeester, photographer of the iconic Michael Jordan dunking image, is suing Nike for copyright infringement.
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Occam’s Razor and Sports Wagering Law
The Third Circuit’s recent decision upholding the ban on sports betting may be in violation of the Supreme Court’s decision on a similar case in 1999.
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Unpaid Interns in Sports and Entertainment
Unpaid internships, the generally accepted path to a career in sports and entertainment, have come under siege through Fair Labor Standards Act (“FLSA”) challenges alleging violations of minimum wage and overtime compensation regulations.