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McFarlin: Ray Rice Video Shows that Cameras Should Do the Talking
In both tragedies of domestic violence and alleged police brutality, the victim can be silenced. Cameras can’t.
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Defamation, Celebrities, and the Internet
By the very nature of their positions, celebrities in both the sports and entertainment spheres generate significant public attention and discussion.
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Kickstarting Litigation: What is the Future of Crowdfunded Films?
On April 12, 2013, The Veronica Mars Movie project broke fund raising records, with 91,585 backers pledging a total of $5,702,153. The catch? The film was funded on the crowdfunding website, Kickstarter.
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The NFL and Super Bowl Ticket Prices (Finkelman v. NFL)
A few weeks ago, Josh Finkelman sat in the upper decks of MetLife Stadium watching the Seattle Seahawks defeat the Denver Broncos in Super Bowl XLVIII. The price for those nosebleed seats? $4,000 for two tickets.
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Macklemore and the Fear of the Minstrel Show
The trajectory of Macklemore and Ryan Lewis (“Macklemore”) is where the complexity of the race in music debate begins.
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“Unsportsmanlike” Conduct and That Richard Sherman Interview
Richard Sherman, star defensive back for the NFL’s Seattle Seahawks, has received severe public criticism for his comments in the immediate aftermath of his team’s victory over the San Francisco 49ers in the NFC Championship Game this past Sunday.
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University’s Attorney-Client Privilege Survives Basketball Coach’s Disclosure
In a whistleblower suit brought by a former athletic director, a New Jersey Appellate court recently held that a basketball coach’s disclosure to the NCAA of an email to the university’s counsel did not waive the university’s attorney-client privilege. See Hedden v. Kean University, No. A-4999-12T2 (N.J. App. Div. Oct. 24, 2013). Back in 2010, the Kean University (“Kean”) women’s basketball team took a trip to Spain. The trip had both an academic and an athletic component, as the participants were to hone their basketball skills and earn Spanish credits. The opportunity was available only to members of the team. To […]
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NCAA Football: Why the Big Guys Pay Their Little Brothers to Play
There is no question as to why the University of Michigan or the University of Alabama would pay an Appalachian State University or a University of Buffalo to come to their stadium and play a good ol’ game of football – another win, more profits, and no “home and home.”[1] But what incentives does this matchup provide to the little guy? Why would a university within a sub-Division I conference agree to travel to a powerhouse school and receive a beating? The answer lies where it commonly does in college sports: money.[2] Some teams, like University of Buffalo, reason that the […]
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Jay-Z’s Entry Into the Sports Agent Ring
Shawn Carter, popularly known as Jay-Z, is considered one of the greatest hip-hop artists of all time, having won seventeen Grammy Awards and placed three albums on Rolling Stone’s list of the 500 greatest albums of all time. [1] He is also a man of tremendous business acumen, with a net worth of almost $500 million[2], and the owner of the record label Roc Nation, which manages world famous acts such as Shakira, Rihanna, and Timbaland.[3] On April 2, 2013, Jay-Z dropped a bombshell on the athlete representation industry when he announced his intentions to create a subdivision of Roc Nation, […]
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A Frontier Tort White Paper: Concussions in the NFL
Editor’s Note: While this blog is normally dedicated to analyzing legal issues in the field of sports and entertainment, this post departs from that to spotlight some excellent work done by 1Ls at Harvard Law School. At HLS in fall 2012, the eighty students in Section Six participated in an experimental group project in their first-year torts class. They were to use situationist theory to analyze new, innovative torts on the frontier of law and public policy. The project required students to research, discuss, and write about a current policy problem that may have it solution in tort law. This paper […]
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The Future of the NFL Faced by Concussion Lawsuits
Last month, the NFL Competition Committee passed another rule restricting the use of helmets as a point of contact during games. The decision was met with a customary (read: excessive) amount of vitriol by fans and players. Many fans seem to think that the NFL is irrationally rushing to protect players out of a fear of litigation expenses, rather than a genuine concern for safety. Certainly, the league’s attempts to make the game safer coincided with an onset of litigation brought by former players suffering from the effects of concussions. While I don’t claim that the NFL’s actions are wholly altruistic, […]
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Sports Symposium Investigates the Evolving Fan Experience
On March 28, the Harvard Law School Committee on Sports and Entertainment Law hosted its annual Sports Symposium. Sports industry leaders gathered at Wasserstein Hall to discuss the various legal challenges presented by the ever-changing experience of sports fans. As always, CSEL put on a terrific event that drew a number of distinguished speakers, with the keynote address given by Ken Hershman, President of HBO Sports. Notable panel participants included, among others, Len Komoroski, CEO of the Cleveland Cavaliers; Jon Oram, Partner at Proskauer Rose; Ed Weiss, General Counsel of the Red Sox and NESN; Brett Goodman, Senior Vice President of […]
