LATEST STORIES FROM SPORTS LAW

Amicus Briefs filed in American Needle v. NFL

Friday was the deadline for the filing of amicus curiae briefs supporting the petitioner, American Needle, in American Needle v. NFL. According to the Supreme Court's docket, only two amicus briefs were filed:A joint brief filed by the U.S. Department of Justice and the Federal...
>> sports-law.blogspot.com/2009/09...
 

Defining sport: An illustration

From Kris Lines, who heads the Sports Law Program at Staffordshire University in the UK, comes this animated video on the issue of defining sport. It pointed out one additional reason for defining something as sport: At least in the UK, financial considerations (lower taxes and subsidies...
>> sports-law.blogspot.com/2009/09...
 

The Debate Over Commercial Use of College Players' Identities Continues

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Nathan Crabbe and Kevin Brockway of The Gainesville Sun wrote some interesting stuff yesterday regarding the profts made by the University of Florida from the commercial use of its players' identities. Crabbe wrote about how the university aggressively works to stop businesses...
>> sports-law.blogspot.com/2009/09...
 

Why PETA Shouldn't Blame Roger Goodell for Michael Vick's Return

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This Sunday marks Michael Vick’s official return to the National Football League—an event that has been widely criticized by People for the Ethical Treatment of Animals (“PETA”), as well as some sports writers and doggie bloggers. What those who criticize NFL Commissioner Roger...
>> sports-law.blogspot.com/2009/09...
 

Use of College Players' Identities in the Sale of Jerseys

For anybody who questions whether a jersey number constitutes a sufficient indicia of identity for establishing a right of publicity cause of action, check out this snippet from the L.A. Times.
>> sports-law.blogspot.com/2009/09...
 

Take Justice Sotomayor Out

Justice Sotomayor will throw out the first pitch at Yankee Stadium this Saturday, prior to the Red Sox-Yankees game. This fits in with a bunch of themes of the moment: She grew up in the Bronx (presumably as a Yankee fan, although I don't know), she famously "saved baseball...
>> sports-law.blogspot.com/2009/09...
 

More on American Needle

For those of you who just can't get enough of the NFL and antitrust law, I have posted on SSRN a draft of my forthcoming piece in the Wisconsin Law Review, titled, The Puzzling Persistence of the Single Entity Argument for Sports Leagues: American Needle and the Supreme Court&...
>> sports-law.blogspot.com/2009/09...
 

Petitioner's Brief in American Needle Now Available

As Marc noted last week, American Needle's opening brief to the United States Supreme Court in American Needle v. NFL was filed on Friday. The brief is now available to be downloaded from the ABA's website. Based on the Supreme Court's docket, it does not appear that any...
>> sports-law.blogspot.com/2009/09...
 

The Tax Consequences of the Chicago Cubs Sale

The Tax Prof Blog posts insight from GWU Law Professor Sarah Lawsky on the tax ramifications of the sale of the Chicago Cubs.
>> sports-law.blogspot.com/2009/09...
 

NBA Locks Out Referees

Following up on a post from last week, the NBA formally declared today that it would lock out its referees, after renewed talks collapsed on Thursday. According to the New York Times, there are three major sticking points preventing the parties from reaching an agreement. First, the...
>> sports-law.blogspot.com/2009/09...
 

More Cowbell . . . .

A few summer observations and other commentary:First, over the summer, I was fortunate to spend several weeks in Los Angeles and San Diego where I spent my formidable years growing up. I was struck repeatedly by something I had never noticed before. I spent nearly every day of my...
>> sports-law.blogspot.com/2009/09...
 

News That Myles Brand Has Passed Away

I just received received an email alert from the Sports Business Daily that NCAA President Myles Brand died from pancreatic cancer. Brand was 73.
>> sports-law.blogspot.com/2009/09...
 

Opening Brief in American Needle v. NFL Set for Friday

For those who have been following the Supreme Court case American Needle v. NFL, this Friday clothing manufacturer American Needle Inc. will file its opening brief, arguing that the Seventh Circuit Court of Appeals was wrong to define the NFL as a single-entity under Section 1 of the...
>> sports-law.blogspot.com/2009/09...
 

Coaches teaching civ pro

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I still am trying to get more legally oriented reports and documents, but it appears that the breach-of-contract dispute between the University of Kentucky and former men's basketball coach Billy Gillespie is going to turn into another object lesson in civ pro.In July, Gillespie...
>> sports-law.blogspot.com/2009/09...
 

Native Americans File for Cert in Their Challenge to the Washington Redskins Trademark

ESPN.com is reporting that the group of Native Americans which challenged the Washington Redskins trademark have filed a petition for a writ of certiorari at the United States Supreme Court, seeking a review of the D.C. Circuit's opinion in May rejecting the challenge on laches...
>> sports-law.blogspot.com/2009/09...
 

One of these days . . .

one of these lawsuits will finally work and hopefully stadiums and owners, especially over-officious guys like this one, will just stop doing stupid things like this.Three New Jersey high-school students have filed suit in federal court, alleging that they were berated by a team President...
>> sports-law.blogspot.com/2009/09...
 

My American Needle v. NFL Piece in the Yale Law Journal

I'm going to blog more fully on this next week, but I have just posted on SSRN a draft of my forthcoming piece in the Yale Law Journal titled, "American Needle v. NFL: An Opportunity to Reshape Sports Law." I hope you have a chance to check it out. Have a great weekend.
>> sports-law.blogspot.com/2009/09...
 

NBA and Referees' Union Break Off Negotiations

The New York Times reported yesterday that negotiations between the NBA and its Referees' Union have broken off, with the league apparently preparing for a lockout to begin later this month. The NBA's collective bargaining agreement with the union expired on September 1st....
>> sports-law.blogspot.com/2009/09...
 

New Sports Law Scholarship

Recently published scholarship includes:Patrick S. Baldwin, Note, Keeping them down on the farm: the possibility of a class action by former minor league baseball players against Major League Baseball for allowing steroid abuse, 43 GEORGIA LAW REVIEW 1195 (2009) Chris Deubert &...
>> sports-law.blogspot.com/2009/09...
 

Catching Up with Links

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* I was interviewed on CNN's The Situation Room with Wolf Blitzer to discuss Commonwealth of Kentucky v. David Jason Stinson (the trial of the coach who faces criminal charges for reckless homicide for the death of a former player, Max Gilpin, on the practice field)* Daniel Fitzgerald...
>> sports-law.blogspot.com/2009/09...
 

More on NHLPA

The news that a union leader is fired by his members a mere two years after assuming his position is unusual. When the firing occurs before he even begins to negotiate the first collective bargaining agreement and is notified at 3:30 AM after a two-hour nighttime meeting , this event...
>> sports-law.blogspot.com/2009/09...
 

Submissions for Harvard Journal of Sports and Entertainment Law

Earlier this month, I blogged on the Harvard Journal of Sports and Entertainment Law, which is a brand new law journal published by Harvard Law School. The Journal's Editor-in-Chief, Aswhin Krishnan, has let me know that the Journal's website is up. He and Josh Podoll (Submissions...
>> sports-law.blogspot.com/2009/09...
 

The NHLPA Fires Its Executive Director

The National Hockey League Players' Association fired its executive director, Paul Kelly, on Monday. Kelly had served in the position for 22 months. Prior to joining the union, Kelly was a founding member and trial lawyer at the Boston law firm Kelly, Libby and Hoopes.The move...
>> sports-law.blogspot.com/2009/09...
 

Jason Chung on Situation of Teenage Basketball Players Who Turn Pro

Over on The Situationist, Jason Chung has a thoughtful and provocative article on why the typical life circumstances of U.S. players who would like to seek the NBA right out of high school, and who are capable of being drafted right out of high school, are often missed by advocates...
>> sports-law.blogspot.com/2009/09...
 

U.S. v. Comprehensive Drug Testing and The List of 97

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Last week, I had a column on SI.com on United States v. Comprehensive Drug Testing, where the United States Court of Appeals for the Ninth Circuit held that the federal government's seizure of computer files which implicated 104 major league players as steroids users violated those...
>> sports-law.blogspot.com/2009/08...
 
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