Be Careful, They’re Unpaid Interns: Is the NCAA and its Member Schools Unfairly Profiting From the Likenesses of Its Athletes?

by Paul Whitehair November 8 2009, 14:25
Jerseys, DVD box sets and posters are just a few of the ways the NCAA and its member institutions use college athletes to increase the value of their brand. This has always been the way the NCAA has operated, and very few college athletes raised this issue. However, within about the last 15 years games such as Electronic Arts’ NCAA Football franchise have imitated player likenesses to create one of the most successful games in the video game industry. Everyone is getting a share of the money, except those individuals who are being exploited: the college athlete. This article discusses the problem of publicity rights with college athletes as well as offers a possible solution. [More]

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Sports

Implications of the Genetic Information Nondiscrimination Act (GINA) on Professional Sports

by Ilya Gilman November 3 2009, 02:19
The sports business industry is one of the largest and fastest growing industries in the United States. In fact, the Sports Business Journal estimates the size of the sports business industry to be $213 billion in the United States alone. [1] Furthermore, sports business law is a dynamic field of law with new issues arising on an almost daily basis due to courts decisions, new legislation, and regulation. [2] One piece of new legislation, the Genetic Information Nondiscrimination Act (GINA), [3] will have a profound impact on employment decisions in professional sports. This article discusses the implications of GINA on professional sports: specifically, part II of the articles discusses GINA in detail, part III discusses GINA’s impact on professional sports, part IV discusses GINA’s economic impact on professional sports, and part V provides some concluding remarks. [More]

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Sports

Reorganizing the Team: Chicago Cubs File for Bankruptcy

by Meghan Collins November 1 2009, 22:58
In the struggling economic climate, many corporations have sought bankruptcy relief. Numerous financial institutions such as the automobile industry and electronic corporations have become accustomed to seeking such restructuring aid and most recently, even the sports world is no longer immune. In October 2009, the Chicago Cubs organization became yet another victim in this economic downturn as the Tribune Company filed Chapter 11 bankruptcy for the baseball team. Although many companies have sought relief due to monetary struggles, “‘You don’t have to be insolvent to be in bankruptcy [. . .] All you need is a legitimate business reason.’” [1] The Chicago Cubs seek reprieve as a way to sell the organization in a tight credit market to an eager buyer, not willing to take on the debt of the parent corporation to its creditors. Through the sale of the Chicago Cubs, the organization can look forward to new ownership, ward off all creditors to the parent corporation, and possibly one day shed their “lovable loser” status. [2] [More]

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Bankruptcy | Sports

Danger: Sporting Events Can Be Hazardous To Your Rights!

by Amanda Pintaro November 1 2009, 21:00
More than 3.5 million sports-related concussions take place in the United States each year. Sports injuries are most prevalent in the high school setting, and injuries can be fatal. Perhaps the most shocking reality is that the majority of the legal cases which develop as a result of these sports injuries and fatalities will be dismissed in court. The reason being, that on every occasion a person voluntarily attends or participates in any sporting event, he or she is surrendering an individual right to sue for injury or death whether expressly agreed to or not. Courts recognize this principle as “primary assumption of risk.” Illinois courts have promulgated a more fine tuned law for contact sports because of their propensity to result in the most debilitating injuries. However, participants are not the only characters involved, spectators at sporting events also assume similar foreseeable risks. Although these key players are sacrificing the right to sue, many fear that increasing liability under the assumption of risk doctrine will eventually result in the elimination of the sports industry altogether. Sports competition by its very nature cannot divorce itself of the innate risk of injury, and if the attachment of liability to foreseeable conduct in unregulated and regulated sports activities were a reality, the potential for consequential high court costs, verdicts, and settlements would deprive America of its favorite pastime. [More]

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Sports

Should Cheerleading be a Sport?

by Helena Varnavas September 21 2009, 09:35
I. Introduction



There is an ongoing debate among the media and cheer world as to whether or not cheerleading should be recognized as a sport under Title IX.[1] A recent poll found that 60% of people thought cheerleading was a sport, while 35% did not.[2] Cheerleaders sometimes argue for this classification because “it takes just as much dedication and skill as any other sport.”[3] Opponents argue that because the primary function of cheerleading is not competition, it does not meet the qualifications of a sport.[4] The answer to this debate depends on your definition of a sport.[5] The NCAA, the U.S. Department of Education’s Office for Civil Rights (OCR) and the Women’s Sports Foundation (WSF) all have their own definition of “sport” that a competitive cheerleading squad could possibly qualify under.[6]The question also brings up other issues that would need to be addressed. Cheerleading is an estimated half-billion dollar industry,[7] and an underlying problem to solving this debate stems from national for-profit cheerleading associations that would prefer cheerleading to remain an “athletic activity” for financially-based reasons.[8] There is also speculation of educational institutions upgrading cheer squads to varsity status in order to save money off of traditionally more expensive women’s sports.[9] Cheerleading’s classification as a sport under Title IX may also influence courts’ decisions regarding liability issues arising from cheerleading injuries.[10] This paper will discuss whether or not cheerleading should be sport and why it depends on if you are in favor of more regulated competitive cheerleading program governed by educational institutions or a less competitive self-regulated cheerleading program. [More]

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Sports

No Starts, No Stats, No Problem

by Paul Whitehair September 21 2009, 08:59
I. Introduction



Virtually everyone has looked for a job and found that they just did not meet the previous experience requirements laid out in the description. The salary looks great, but you may not have three to five years of Big Four accounting experience. Society generally rewards those that have been through the rigors of the profession before. However, the growing trend in the NFL is to hand over bags of money to college athletes who have not yet played a snap in the NFL or faced the challenge of competing against the world’s best. [1] The NFL does have a rookie salary cap in place, with a pool of money allotted to each team stating how much it can spend on salaries. [2] However, guaranteed money and signing bonuses have allowed teams to continue to shell out more and more money for their new “face of the franchise,” and still miraculously stay under the salary cap. [3] Is there hope for resolution before the uncapped year and potential future lockout? This article will discuss the problems with the current system in the NFL as well as potential resolutions that would benefit the NFL, current players and fans. [More]

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Sports

New Stadiums, Higher Prices, No Remedy

by Samuel Esan October 14 2008, 12:02
I. Introduction



It seems like every sports franchise is building a new stadium these days. In New York alone, four franchises (the Yankees, Mets, Giants, and Jets) will be moving to three new facilities within the next two years. [1]. By 2011, other area teams including the Rangers, Liberty, Knicks, Nets, Devils, Islanders, and Redbulls will all be playing in new or renovated stadiums. [2] The allure of a new stadium cannot be denied: more luxury seating, refined amenities, state of the art technology on and off the field, attracting free agent athletes and corporate sponsors, and last but not least, the bragging rights to say "my home town ball park is better than yours!" Sadly, with new stadiums come new costs to fans of their sports, not the least of which is increased ticket prices. Additionally, apart from increased ticket prices, there are additional costs that come with new stadiums.



In the current economy, where necessities such as gas, power, and food prices are on the rise, can the average fan afford to pay for season, or single game tickets, to their team's home games? This article will examine the trend toward new stadium building, the related costs, and potential remedies to the economic effects. [More]

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Sports

Probing Spygate: Will the NFL Indemnify Key Witness?

by Thomas Paschalis April 23 2008, 12:59
I. Introduction


From the moment of its initial disclosure, the National Football League's (NFL's) so-called Spygate incident had the potential to be one of the more notorious sports scandals in recent memory. During the first game of the 2007 season, a videographer on the New England Patriots sideline was caught taping the hand signals of New York Jets offensive coaches, a violation of Article 9 of the NFL Constitution and Bylaws.[1] The intrigue was apparent: the league's modern-day dynasty had been caught red-handed, begging the question of whether the Patriots had broken league rules at any other times during its championship era. The NFL's first-year commissioner, Roger Goodell, addressed the issue quickly, fining the team and head coach Bill Belichick a combined $750,000 and taking away a first-round draft pick.[2] Despite its rapid action, the NFL's handling of the situation added to the mystery. After announcing the penalty, the league destroyed the tapes it confiscated from the Patriots.[3] Further fueling the controversy, U.S. Senator Arlen Specter publicly rebuked the Patriots, accusing the team of "stonewalling" his own investigation into the matter.[4]


The questions followed the then-undefeated Patriots to Super Bowl XLII, when the Boston Herald reported that Matt Walsh, a former Patriots employee, allegedly taped the St. Louis Rams walk-through practice the day before New England's surprise upset of the Rams in Super Bowl XXXVI.[5] Since that report, the NFL has expressed a desire to speak with Walsh regarding his knowledge of any potential wrongdoing by the team.[6] Walsh, for his part, has suggested he has damaging information, but his legal representation is demanding full indemnity before revealing his knowledge or role in any malfeasance.[7] The negotiations over the scope of an indemnity agreement have lasted for months, keeping the league in the dark as to what Walsh really knows.[8] [More]

Wait 'Til Next Year: When Will Comcast and The Big Ten Network Reach an Agreement?

by Thomas Paschalis April 3 2008, 17:12
I. Introduction


When the college footballs season kicks off in August, Midwestern cable customers may finally get the chance to see what all the fuss over the Big Ten Network (BTN) is about. After over a year of tense negotiations, published reports indicate that the BTN and Comcast are nearing a deal to air the channel on the Midwest's largest cable provider.[1] Upon becoming the first conference to announce the creation of its own cable station, the Big Ten counted on the appeal of being able to guarantee its fans the ability to see nearly every game played by conference teams.[2] When negotiations commenced with Midwest cable providers, however, Comcast and its competitors balked at the BTN's high asking price and broad distribution demands.[3] The ensuing stalemate prevented most Midwest fans who do not have satellite cable from viewing the much-anticipated Ohio State-Wisconsin football game in November.[4] Additionally, the Wisconsin-Indiana and Wisconsin-Purdue men's basketball games in February were also unavailable to most fans within the Big Ten region.[5]


Months of public sparring between the BTN and Comcast seem to have finally given way to a compromise. As major sports leagues are trending toward cable broadcasting, the anticipated agreement between Comcast and the BTN is sure to impact fans and cable customers nationwide, while setting a precedent for future contractual negotiations between cable providers and athletic leagues. [More]

Fantasy or Reality? Major League Baseball Still Looking to Cash in on Fantasy Baseball

by Charles Ochab April 2 2008, 01:18
I. Introduction


In fantasy sports leagues, fans draft current major league players to create their own imaginary roster, with the success of each team hinging on how each player performs throughout the season.[1] Internet sites such as Yahoo! and ESPN pay several million dollars for the right to operate fantasy leagues.[2] Major League Baseball (“MLB”), and St. Louis-based CBC Distribution and Marketing Inc. (“CBC”) have been entangled in a legal dispute over whether MLB players’ names may be used in fantasy baseball leagues.[3] This dispute is noteworthy because the fantasy sports industry generates over $1.5 billion dollars annually.[4] Should MLB prevail, they will hold exclusive rights to players’ names and statistics and may withhold such, likely causing fantasy baseball to be much less appealing to fans.[5] [More]

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Sports

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