Sports – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 Top 10 Schools for Entertainment Law https://legacy.lawstreetmedia.com/schools/top-10-schools-entertainment-law/ https://legacy.lawstreetmedia.com/schools/top-10-schools-entertainment-law/#respond Mon, 21 Aug 2017 22:11:17 +0000 https://lawstreetmedia.com/?p=62834

Check out this year's rankings.

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Image courtesy of Jeffrey Smith; License: (CC BY-ND 2.0)

In 2014, Law Street Media released its first set of law school rankings, in response to the changing legal education industry. Law Street Specialty Rankings are a detailed resource for prospective law students as they consider the many law schools across the country. You’ll notice some differences this year, as we return to the categories we first ranked in 2014. This year, we’ve changed the way we do our methodology slightly, to reflect feedback from our readers and the law school community. We’ve also redesigned our look, to make it easier to navigate and compare various schools. But as always, Law Street Specialty Rankings are built to blend the quantitative and qualitative in a way that accurately highlights the top law schools based on specialty programs.

This year’s law school specialty rankings were compiled by Anneliese Mahoney, Alexis Evans, Celia Heudebourg, Gabe Fernandez, James Levinson, Josh Schmidt, and Marcus Dieterle.

 

1. Harvard Law School: 95 Points

Jobs: 19/20

Harvard Law offers some of the best job prospects for its students in the country. Students can gain experience while still in school by getting involved in the Sports Law Clinic. Harvard Law also offers other hands-on opportunities that touch on entertainment law, including the Recording Artist Project, an in-house student practice organization.

 

Classes: 25/25

Harvard offers plenty of classes for students interested in entertainment law. Some of the distinctive listings include “Fashion Law Lab,” “Sports and the Law: Examining the Legal History and Evolution of America’s Three ‘Major League’ Sports: MLB, NFL, and NBA,” and “Music and Digital Media.”

 

 

Networking: 14/15

Students at Harvard Law can attend an annual sports and entertainment law symposium to network with professionals in their field. Harvard Law also publishes a biannual magazine to keep alumni and other community members engaged.

 


Extracurriculars: 14/15

The school has a student-run organization called the Committee on Sports and Entertainment Law, which brings students with similar interests together. Students interested in writing about the topic can work with the student-run Journal of Sports and Entertainment Law. 

 

 

Location: 13/15

Harvard received a high score in the Location category because of its proximity to Boston, a city that offers great opportunities for aspiring entertainment lawyers.

 

 

 

Other Rankings: 10/10

Harvard’s law school earned a perfect score in this category because of its consistent placement at the top of other organizations’ entertainment law rankings.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Shariah Harris Just Became the First Black Woman in a Top-Tier Polo Tournament https://legacy.lawstreetmedia.com/blogs/sports-blog/shariah-harris-polo/ https://legacy.lawstreetmedia.com/blogs/sports-blog/shariah-harris-polo/#respond Sat, 01 Jul 2017 20:26:54 +0000 https://lawstreetmedia.com/?p=61844

Polo is a white and male-dominated sport.

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Image courtesy of 1Ari; License: (CC BY-ND 2.0)

A 19-year-old college student just made history by becoming the first black woman to play in a top-tier polo tournament. Shariah Harris plays on Cornell’s college polo team; she and her teammates got all the way to the national semifinals this year.

But on Friday, Harris was part of the Postage Stamp Farm team in the Silver Cup tournament at Greenwich Polo Club in Connecticut.

Harris’ love for riding began when her mother got lost while they were driving 12 years ago. They ended up at a farm in Fairmount Park, Philadelphia, where the nonprofit program Work to Ride happened to be based. This program lets children from low-income households learn how to ride and perform in equestrian sports. Harris very quickly became a star.

As her mother was a single parent with three children, this was an awesome opportunity for Harris to learn equestrian sports. But it’s not all fun and games. To take part in the program, the kids had to muck the stables, take care of the horses, and often perform other tasks like maintaining the facilities. They also needed to keep certain grades to remain qualified for the program. Harris not only became a pro on horseback, but also received a scholarship to Cornell University.

When Harris traveled to Argentina to play polo, she met Annabelle Garrett, the owner of the Postage Stamp Farm team, as well as a player. Earlier this year, Garrett injured her back and got in touch with Harris to ask her to take her spot on the four-person team for the upcoming tournament in Greenwich. About Harris, she said, “She’s absolutely a pioneer. This is a white-male-dominated sport. This is 100 percent groundbreaking. And she can ride.”

Although what Harris is doing is groundbreaking, it hasn’t come without hurdles. Polo is traditionally a male-dominated sport, and women have only recently begun to participate. In the 1950s, Sue Sally Hale played, but she pretended to be a man and wore a fake mustache to be able to participate. Hale played in a disguise for 20 years, and in 1972, women players were finally allowed. In 2000, her daughter Sunny Hale became the first woman to compete for a winning team in the US Open.

Harris said that she has met some racism in the form of inappropriate comments, whispers, and stares. But she also said, “If me playing will mean opportunities to play for other kids like me, then I’m perfectly happy to be breaking down doors. I just keep quiet, put on my boots and go out and play.”

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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Is Daily Fantasy Sports a Form of Online Gambling? https://legacy.lawstreetmedia.com/blogs/sports-blog/online-gambling-daily-fantasy-sports/ https://legacy.lawstreetmedia.com/blogs/sports-blog/online-gambling-daily-fantasy-sports/#respond Mon, 19 Jun 2017 18:41:09 +0000 https://lawstreetmedia.com/?p=61478

A recent study finds similarities between daily fantasy sports players and traditional gamblers.

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"Las Vegas Casino Sign" Courtesy of Mark Metzler: License (CC BY 2.0).

Just a few years ago, it seemed like you couldn’t watch a sporting event without seeing advertisements for daily fantasy sports leagues like Draft Kings or Fan Duel. Before the 2015 NFL season these companies spent nearly $500 million on advertisements, but after consumer concerns arose, they cut their advertising budgets.

After multiple lawsuits against the industry, the companies are fighting for their existence amid accusations that they fall under the same legal category as traditional online gambling.

A new study from Rutgers University on gambling in New Jersey concludes that daily fantasy sports (DFS) users exhibit highly similar habits as those who engage in traditional forms of gambling. It also finds that there is a high crossover between the two activities. This is bad news for an industry that has tried to distance itself from gambling in order to win lawsuits and continue operation. The study’s authors wrote:

A majority of activities listed in this study are historically classified and widely accepted as ‘gambling,’ because they involve spending money on activities with an uncertain outcome and the possibility of winning or losing that can result in harm. However, other activities elude precise classification and are largely context and jurisdiction‐dependent.

The key distinction for these companies is whether their games are based on skill, not chance. This stems from the Unlawful Internet Gambling Enforcement Act (UIGEA) passed by Congress in 2006, which makes a distinction between the two forms of gambling and outlawed only games that require no skill.

Fan Duel, which opened in 2009, was the first major daily fantasy sports company before Draft Kings, its main competitor, opened in 2011. First, they experienced massive growth and profits before running into legal problems.

To learn more about daily fantasy sports check out Law Street’s Explainer.

These companies, and their users, must prove to the courts that they are winning massive amounts because of skill and hard work, not pure luck like traditional gambling games.

Those who argue that DFS is skill-based believe it’s clear the games aren’t random because of the overwhelming success of experienced players. While normal gambling games such as roulette or slots don’t favor someone with experience, these games show that the most winners have dedicated themselves to the craft.

While many users casually play the games, others have dedicated themselves to the game, and some manage to earn six-figure payouts in just one month.

In fact, 1 percent of players win around 91 percent of the profits from DFS  sites, according to a study by gambling expert Ed Miller. Miller argues this is evidence of a surplus of skill exhibited by the top bettors, whom he refers to as “sharks,” who feast on the “minnows,” which are novice gamblers who lose over 50 percent of their investments.

On the other hand, those who argue the game is just gambling cite evidence that knowledge of the actual sports doesn’t help win the game. Instead, it’s just about algorithms, gaming the system, and luck, they argue.

Even former Florida governor and presidential candidate Jeb Bush called it, “day trading without any of the regulation” during one debate in the 2016 campaign. The lack of oversight is yet another reason many hope for government intervention in the industry.

In recent years, the industry has faced lawsuits across America while states such as Nevada and New York barred them and defined them as gambling. In 2015 both states booted daily fantasy sports companies from their states.

But in late 2016, New York and Nevada compromised with the companies.

New York’s ban was particularly impactful because the Fan Duel headquarters is located in the Big Apple. However, Governor Andrew Cuomo later signed a law in classifying DFS as a “game of skill,” which allowed them to continue business in the state.

Meanwhile, Nevada decided that the companies need a gambling license to operate, but only one company–USFantasy–has applied and received a license as of last November, according to the Legal Sports Report. The policy means that daily fantasy sports is considered gambling in the state, allowing DFS companies to operate under the same regulation as traditional gambling. However, given the industry’s efforts to identify itself as a game of skill, many DFS companies have been unwilling to participate with a gambling classification.

In Texas, state Attorney General Ken Paxton issued an opinion last year equating DFS with illegal gambling, which prompted lawmakers to craft a bill formally classifying DFS as games of skill. State Rep. Richard Peña Raymond, a fantasy football lover himself, decided to sign onto the bill after speaking with constituents who worried about government interference, he told the Texas Tribune.

So while the Rutgers study finds that DFS users also tend to engage in traditional gambling–and are susceptible to similar gambling and drug-related problems–many states are working with these companies to continue operation.

The new study doesn’t necessarily mean that legal changes are coming down the road, but it furthers research that will help inform future decisions. The legality of DFS is a complex issue that must weigh the economic benefits of gambling for local taxes and the negative impact that it can have on individuals and their families.

Josh Schmidt
Josh Schmidt is an editorial intern and is a native of the Washington D.C Metropolitan area. He is working towards a degree in multi-platform journalism with a minor in history at nearby University of Maryland. Contact Josh at staff@LawStreetMedia.com.

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Washington Sports Stars Spend Time with Trump and Putin https://legacy.lawstreetmedia.com/blogs/sports-blog/washington-sports-trump-putin/ https://legacy.lawstreetmedia.com/blogs/sports-blog/washington-sports-trump-putin/#respond Fri, 16 Jun 2017 16:37:14 +0000 https://lawstreetmedia.com/?p=61464

Would you accept Trump's golfing invitation?

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"Donald Duffs" Courtesy of Steve Jurvetson: License (CC BY 2.0).

While it’s been more than 20 years since a major Washington, D.C. sports team has been invited to the White House, two faces of Washington sports are getting political this summer.

Last week Washington Redskins quarterback Kirk Cousins played a round of golf with President Donald Trump at the Trump National Golf Club in Bedminster, New Jersey. Meanwhile, Washington Capitals star Alex Ovechkin attended an annual event for President Vladimir Putin where the Russian leader answered questions from a studio audience and civilians across the nation.

Neither has made any specific political statements, but the actions of both stars raised eyebrows in the nation’s capital. Some fans expressed frustration on social media, but others accepted that each athlete has their own personal lives and they can do what they choose.

The District of Columbia, Maryland, and Virginia–which comprise the main fan base for both teams–all voted for Democratic nominee Hillary Clinton in the 2016 election.

Cousins said that Eric Shuster, the director of strategic partnerships at CSN Mid-Atlantic, helped put the duo together. The opportunity was too much to pass on. Cousins said the round was a great experience, adding:

I didn’t ever think that would happen. Had a good enough time that if there’s any former presidents in the D.C. area that want to give me a call, I’d love to meet them at one of the courses around here. I know lots of them are members at these courses and I’m not, so I’d love to get on and get to meet them. Republican, Democrat, left, right, I’d love an invite.

Meanwhile, Alex Ovechkin explained his rationale to Sovetsky Sport, a Russian outlet. Ovechkin said he was making a plea to Putin to help save the Kontinental Hockey League (KHL) from its massive financial troubles.

The KHL, Europe’s premier hockey league, is in serious debt, with teams owing their players more than $17 million, according to the Associate Press. Some players haven’t received a salary payment in over six months.

Ovechkin’s former team, Dynamo Moscow, is in about $35 million in debt and in danger of shutting down. The future Hall of Famer wants to do all he can to avoid that situation.

“It’s a great pity that such things are happening in our sport,” Ovechkin said. “I hope the teams experiencing difficulties will overcome them.”

So both Washington sports stars had their own rationale for spending time with these world leaders. Ovechkin had a goal in mind while Cousins simply jumped at the opportunity to meet the most polarizing figure in American politics.

Neither meeting means much in the grand scheme of global politics, but it does add intrigue and anguish to the beginning of summer for many Washington sports fans.

Josh Schmidt
Josh Schmidt is an editorial intern and is a native of the Washington D.C Metropolitan area. He is working towards a degree in multi-platform journalism with a minor in history at nearby University of Maryland. Contact Josh at staff@LawStreetMedia.com.

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Qatar at Risk of Losing 2022 World Cup Due to Gulf Crisis https://legacy.lawstreetmedia.com/blogs/sports-blog/qatar-may-lose-2022-world-cup/ https://legacy.lawstreetmedia.com/blogs/sports-blog/qatar-may-lose-2022-world-cup/#respond Thu, 08 Jun 2017 20:30:40 +0000 https://lawstreetmedia.com/?p=61261

Arab nations have cut ties with the Gulf state.

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"The World Cup" Courtesy of Mariya Butd, License (CC BY 2.0)

Soccer, according to FIFA, is a “beautiful game” meant to “inspire the world and increase international cooperation.” However, for Qatar–FIFA’s 2022 World Cup host country–it may actually be causing unrest in the Middle East.

Qatar is in jeopardy of having its World Cup plans derailed, after some of the most powerful nations in the Arab world broke diplomatic ties with the Gulf state Monday.

Egypt, Saudi Arabia, and the United Arab Emirates (UAE) accused Qatar’s government of sponsoring terrorist organizations, such as Al Qaeda and Islamic State, to provoke violence in the Middle East.

The diplomatic crisis may be the final straw in a flood of controversies plaguing the world’s richest country since it was formally elected by FIFA to host the World Cup soccer tournament back in 2010.

Qatari sports officials have been accused of giving bribes to members of FIFA in exchange for their vote for the World Cup, and there has been backlash over whether or not hosting a Winter World Cup will disrupt club soccer league seasons throughout the world.

It’s also unclear if Qatar will be open to the LGBTQ community–Qatar has strict laws against homosexuality (former FIFA president Sepp Blatter’s solution to this problem was for gays to simply not have sex while in Qatar).

Furthermore, there have been multiple news investigations into the alleged abuse of migrant workers from Nepal and India, who were brought in to build the infrastructure needed to accommodate millions traveling to Qatar for the World Cup. These workers are said to live in horrendous conditions, have slave-like wages, and have had their passports illegally taken from them.

But these are just a handful of the dozens of accusations against the Qatar government, and FIFA as well.

Qatar relies heavily on the use of its neighbors airspace; therefore, the end of diplomatic relations with Bahrain, Saudi Arabia, and the UAE will make travel in and out of the country extremely difficult. Qatar’s singular land border with Saudi Arabia will also hinder the country’s ability to bring in materials needed for major infrastructure projects.

No decisions have been made by FIFA, but officials are said to be “in regular contact” with Qatar’s government. But with Qatar spending an estimated $220 billion toward the soccer tournament (10 times what Brazil spent on the 2014 World Cup), don’t expect the country to fold easily on its investment.

James Levinson
James Levinson is an Editorial intern at Law Street Media and a native of the greater New York City Region. He is currently a rising junior at George Washington University where he is pursuing a B.A in Political Communications and Economics. Contact James at staff@LawStreetMedia.com

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Eight-Year-Old Girl Who “Looks Like a Boy” Disqualified from Nebraska Soccer Tournament https://legacy.lawstreetmedia.com/blogs/sports-blog/girl-boy-nebraska-soccer/ https://legacy.lawstreetmedia.com/blogs/sports-blog/girl-boy-nebraska-soccer/#respond Tue, 06 Jun 2017 17:32:32 +0000 https://lawstreetmedia.com/?p=61175

Why must adults ruin their fun?

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"Soccer Ball" Courtesy of Sh4rp_i: License (CC by 2.0)

An 8-year-old girl from Omaha, Nebraska and her soccer team were disqualified from the championship round of a tournament this weekend after officials told her team that “she looks like a boy.”

Milagros “Mili” Hernandez was mistakenly identified as a boy on a Nebraska soccer tournament registration form. Officials then ignored the reality that another form listed her as a girl and that she was on an all-girls team, according to The Washington Post.

Her father, Gerardo Hernandez, then attempted to show tournament officials Mili’s insurance card to prove she was a girl, according to ESPN. The Nebraska soccer officials ignored the pleas and cited Hernandez’s short hair as evidence.

So, despite winning two of their three games on Saturday, which guaranteed them a chance to earn a trophy, the entire Azzurri Achurros team was disqualified just hours before their 2 p.m. kick off, according to The Washington Post. 

Mili burst into tears when she heard the decision.

‘I was mad; I never had that problem before. She’s been playing so long in different tournaments,’ her father told The Washington Post. ‘I don’t want no problems with nobody, but that wasn’t the right way to treat people. Why they want to tell my girl looks like a boy?’

Mili plays on the local 11-year-old team after she dominated the league for her age group. The talented youngster dreams of extending her soccer career into middle and high school before advancing to college and, hopefully, the professional leagues, according to her brother.

She has worn her hair short since she was young, her father said, and as she’s grown older she has decided to keep it that way. That spurred USA soccer star Abby Wambach, who also has short hair, to offer support to Mili in the aftermath.

While the Nebraska soccer tournament has concluded, organizers told the Hernandez family that they could appeal the decision with the Nebraska State Soccer Association, according to local NBC affiliate WOWT News.

But even if she can’t play in future tournaments like this one, another soccer star is here to help out. Mia Hamm, one of the most notable female American soccer players, also offered support.

Josh Schmidt
Josh Schmidt is an editorial intern and is a native of the Washington D.C Metropolitan area. He is working towards a degree in multi-platform journalism with a minor in history at nearby University of Maryland. Contact Josh at staff@LawStreetMedia.com.

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Woman Sues Jelly Belly After Finding Out Jelly Beans Contain Sugar https://legacy.lawstreetmedia.com/blogs/weird-news-blog/woman-sues-jelly-belly/ https://legacy.lawstreetmedia.com/blogs/weird-news-blog/woman-sues-jelly-belly/#respond Fri, 26 May 2017 18:32:51 +0000 https://lawstreetmedia.com/?p=60982

We all have questions.

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Image courtesy of Tom Page; License: (CC BY-SA 2.0)

On today’s list of super strange legal battles, a California woman named Jessica Gomez has filed a class action lawsuit against popular jelly bean manufacturer Jelly Belly. She purchased one of their products, Jelly Belly’s Sport Beans, which the company advertises as an “exercise supplement.” The company marketed the beans as containing “carbohydrates, electrolytes, and vitamins.” One of the listed ingredients was “evaporated cane juice,” which is just another term for sugar. But Gomez claims that the fact that the beans contain sugar was not made clear, and has filed a class action suit alleging fraud, negligent misrepresentation, and product liability.

I have a lot of questions. Why would anyone want to eat jelly beans as an exercise supplement? Why would Jelly Belly try to break into the supplement market, of all things? How did Gomez not assume that there was sugar in a product that displayed its sugar content on the nutrition label? Did these weird jelly beans even taste good?

Gomez claimed that by listing the sugar as “evaporated cane juice” instead of sugar, as well as the other advertising that went into marketing the beans, Jelly Belly misled consumers into thinking they were healthy. To be fair to Gomez, the FDA actually recommends that companies not list evaporated cane juice on ingredients lists for this exact reason, something that her lawyers are likely to cite if this case moves forward.

In a motion to dismiss the case, Jelly Belly argued that Gomez couldn’t have thought the beans were sugar-free because the amount of sugar per serving was clearly stated on the product’s nutrition label. The company called the lawsuit “nonsense.” The lawyers representing Jelly Belly also pointed out that the “Plaintiff also does not explain why an athlete–or anyone–would be surprised to find sugar in a product described as ‘Jelly Beans.'”

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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The NCAA Offers Politically Divided North Carolina an Ultimatum https://legacy.lawstreetmedia.com/blogs/sports-blog/ncaa-north-carolina/ https://legacy.lawstreetmedia.com/blogs/sports-blog/ncaa-north-carolina/#respond Sun, 26 Mar 2017 14:30:29 +0000 https://lawstreetmedia.com/?p=59795

The NCAA has taken a hard stance on North Carolina's HB2 law.

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"NCAA Tournament" Courtesy of bp6316: License (CC BY 2.0)

Right in the middle of March Madness, the NCAA has taken another stance against North Carolina’s HB2 law. In a statement released through Twitter by the association on Friday, which coincided with the one-year anniversary of HB2’s passage, the NCAA offered somewhat of an ultimatum and stated that, if North Carolina does not make changes or repeal its controversial transgender bathroom law, it will exclude the state from its process for deciding where to locate its championship games from 2018 to 2022.

This is not the first time the NCAA has taken action against North Carolina in response to HB2. Last fall, the NCAA pulled its seven planned championship tournament games out of North Carolina because of the association’s “commitment to fairness and inclusion.” This move has taken on brand new significance recently as Duke was knocked out of the second round of the NCAA championship after losing to South Carolina in a game that was originally slated to be played in Greensboro, North Carolina but was moved to Greenville, South Carolina. Many saw the game’s location as a factor in Duke’s performance. In a post-game interview, Duke Coach Mike Kryzewski said in response to whether he was frustrated about the game’s location that if he were president or governor, he would “get rid of it.”

North Carolina Gov. Roy Cooper tweeted out a statement Friday calling for the state’s Republican lawmakers to “step up, meet halfway, and repeal HB2.” He also called March 24 a “dark anniversary” for the state, referring to the one-year anniversary of the law’s passage.

According to Forbes, the NCAA tournament has a significant economic impact for host cities, as a diverse set of industries benefit from the massive influx of fans coming to watch games.

The NCAA is not the first sports association to pull its events out of North Carolina. This year’s NBA All-Star weekend was slated to be held in Charlotte, North Carolina; however, in response to HB2, the NBA decided to relocate its All-Star festivities to New Orleans.

HB2 is one of, if not the most, salient topic in North Carolina politics right now, and the political back and forth is beginning to turn heads around the country. However, that is apparently not stopping other state legislatures from drafting HB2-type laws, as a transgender bathroom bill in Texas, Senate Bill 6, passed through Texas’s Senate State Affairs Committee and will by voted on by the full Senate. According the The Hill, the law is expected to pass through the full Senate, but will have a shakier path in the House.

HB2 remains deeply unpopular in North Carolina, as a recent poll from Public Policy Polling revealed that 50 percent of those surveyed in the state are opposed to it, and 58 percent of those surveyed think that it’s hurting the state. Things don’t seem to be looking up politically in the state, and repealing HB2 looks like it will be a long, uphill battle, seeing as how on Friday the Republican-controlled North Carolina legislature overrode Gov. Cooper’s first veto as governor.

The NCAA will decide on host cities for its championship games by April 18.

Austin Elias-De Jesus
Austin is an editorial intern at Law Street Media. He is a junior at The George Washington University majoring in Political Communication. You can usually find him reading somewhere. If you can’t find him reading, he’s probably taking a walk. Contact Austin at Staff@Lawstreetmedia.com.

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Nike Launches High Performance Hijab For Muslim Athletes https://legacy.lawstreetmedia.com/blogs/sports-blog/nike-high-performance-hijab/ https://legacy.lawstreetmedia.com/blogs/sports-blog/nike-high-performance-hijab/#respond Tue, 07 Mar 2017 21:39:42 +0000 https://lawstreetmedia.com/?p=59388

Nike: "If you have a body, you’re an athlete.”

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"Olympics London 2012" courtesy of Si B; license: (CC BY 2.0)

Sportswear brand Nike has announced that it will launch a high performance hijab, to help female Muslim athletes perform at their best. Muslim women who wear a hijab will now have an actual item of sportswear that represents them and doesn’t make them choose between function and their beliefs. The new product goes under the name Nike Pro Hijab and is designed to better deal with problems that traditional hijabs could pose when used in a sports setting, such as being too heavy, too sweaty, or easily coming loose.

Nike said in a statement that the hijab has been officially in the making for a year, but really for much longer than that if you consider Nike’s mantra that, “if you have a body, you’re an athlete.” The statement added that Nike started discussing the matter seriously in 2012, when runner Sarah Attar became the first female track athlete to compete for Saudi Arabia in the London Olympics and did so in her hijab. She finished the 800 meter race almost 45 seconds after the other runners, and the audience gave her a standing ovation. A few days earlier her teammate Wojdan Shaherkani, who competed in Judo, became the very first Saudi woman to compete in the Olympics.

Nike said that it started to work on the hijab when Muslim female weightlifter Amna Al Haddad visited Nike’s sports research lab in Oregon to discuss problems she had with her own hijabs. She said that she only had one that worked to exercise in, and that she had to wash it by hand every night. After that, the Nike team collaborated with athletes to develop a more breathable and lightweight garment.

Many women see Nike’s announcement as a victory for Muslim female athletes all over the world.

But on the other hand, some people on social media pointed out that smaller and less influential sports brands have been making athletic hijabs for several years.

Some people also levied complaints, saying that Nike “sides with the oppression of women,” or that Nike is taking advantage of religious concerns to make money. But in general, the new product seems to have garnered plenty of applause. The discussion about hijabs in sports has been controversial and FIFA, the international football association, banned hijabs for soccer players until as recently as 2014. The international basketball federation, FIBA, still has a ban in place.

That a world-renowned sports brand such as Nike started producing an activewear hijab is seen as a big step in the right direction. “For a brand like Nike to come out and say that these people exist and are inclusive of hijabis is a big deal,” said Manal Rostom, an Egyptian athlete, to Al Arabiya English.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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What Does it Take to Become an Entertainment, Arts, or Sports Lawyer? https://legacy.lawstreetmedia.com/issues/law-and-politics/entertainment-arts-sports-lawyer/ https://legacy.lawstreetmedia.com/issues/law-and-politics/entertainment-arts-sports-lawyer/#respond Wed, 08 Feb 2017 16:17:31 +0000 https://lawstreetmedia.com/?p=58414

Find out with Miami Law!

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Image courtesy of Joshua Prezant for Miami Law
Sponsored Content

Do you read every article you can find about the Tidal lawsuits? Are you fascinated by the legal effort to recover art stolen by the Nazis during World War II? Do you have strong feelings about the legal side of “Deflategate?” Do you want a legal career that’s dynamic, fast-paced, and challenging? If you answered yes to any or all of those questions, a career in Entertainment, Arts, or Sports law may be something to consider.

These specialties incorporate a wide range of legal disciplines, including IP and Copyright law, Contract law, and Labor law. And without the behind-the-scenes work of the lawyers who specialize in these fields, our favorite music, TV shows, movies, sports, and art would be unrecognizable. So, how do you get started? The University of Miami School of Law, home to the unique Entertainment, Arts, and Sports Law LL.M program, has the answer. Read on to learn more.

A Primer on Entertainment, Arts, and Sports Law

First things first: what are we talking about here? These fields, while distinct, are certainly related. But it’s still important to understand some of the nuances.

What is Entertainment Law? 

There’s no set-in-stone definition of exactly what Entertainment law constitutes, but in many ways it involves the application of legal concepts to real world problems. Entertainment lawyers deal with a myriad of legal issues arising from the entertainment and performing arts industry, including TV, movies, radio, theater, and publishing. It can include anything from working on contracts for performers or employers, to filing trademarks, confronting First Amendment issues, and dealing with lawsuits involving those in the entertainment industry. According to Miami Law:

Although entertainment lawyers might represent ‘talent,’ such as directors, actors or musicians, they more often advise companies that produce and distribute entertainment content, license celebrity brands, purchase and sell motion picture or music publishing catalogues, raise or invest debt and equity capital, and purchase and sell companies engaged in one or more of such activities.

Entertainment law is fast-paced and multi-dimensional, and can incorporate many legal questions that a lot of us probably don’t even think about on a daily basis. For example, imagine some of the legal issues that go into creating a movie:

  • Actors, writers, and workers on the movie will need contracts to be negotiated. The presence of unions–for example the Screen Actors Guild–may also mean that labor law considerations are in the mix.
  • Music used in the movie will need to be properly licensed.
  • Marketing materials for the movie, including catchphrases, may need to be trademarked.
  • Say the movie involves a “real life story” or biography–an attorney may be needed to deal with any defamation lawsuits that arise.

This list is by no means dispositive, but it goes to show that there are a lot of moving parts that go into what we see as final products in entertainment–and many of them require lawyers.

What is Arts Law?

Like Entertainment law, Arts law exists at a large intersection of legal issues, largely focused on the creation, ownership, and business of art. Intellectual Property law plays a large part–as art depends on the creation of unique work–but Estate and Property law, Contract law, Torts, and other areas factor in as well.

According to Miami Law:

Today, art lawyers work in law firms, museums, auction houses, and financial institutions. Works of art are bought and sold, implicating issues of good title and authenticity; loaned from museums to galleries and other museums, implicating insurance and contract matters; travel internationally for both commercial and private purposes, implicating international treaties and customs laws and regulations; and are often important assets in decedents’ estates, implicating tax and estate planning concerns. An art lawyer must be able to navigate this complex terrain of legal concepts and practical strategies.

Let’s look at an example, like we did with Entertainment law. What might you need to consider if you’re providing legal counsel to an artist?

  • Contract law comes into play if the artist wants to be represented in any galleries.
  • The artist may be able to receive royalties if their art is used for commercial purposes, or if someone uses the artist’s art without their permission, intellectual property rights could protect them.
  • Artists sometimes become involved in performance art as public protests–First Amendment considerations may be at issue.

If any of those hypothetical issues piqued your interest, maybe Arts law is a discipline that you would want to consider.

What is Sports Law?

Sports law, like its Entertainment and Arts law counterparts, also sees a mix of legal principles and factors. Sports lawyers can represent players in the sports industry, including professional and amateur athletes, venues, organizations and teams, and companies that work with athletes or teams.

According to Miami Law:

Sports lawyers usually require knowledge of various areas of law including: contracts, labor, antitrust, tax, intellectual property and media law. To represent sports industry clients, a lawyer also needs strong contract negotiation and drafting skills in addition to an understanding of the arbitration process. Other areas of law, like immigration, can also come into play for foreign athletes and international leagues or clubs.

Let’s try our “day in the life” exercise with Sports law. Let’s say that you represent a team. Here are some questions that could come up:

  • You’ll be needed to draft contracts for the athletes who join the team.
  • In the cases of international athletes, you may need to deal with Immigration law to ensure that they are able to work in the United States.
  • If an athlete gets injured in the course of a game, he may sue the organization he’s playing for.
  • A team’s logo and mascot can be trademarked, and you may need to deal with infringing uses on unlicensed merchandise.

Needless to say, there’s no guarantee that any given sports lawyer will deal with those exact issues. But it’s important to note that Sports law, just like Entertainment law and Arts law, requires lawyers who enjoy working in an unpredictable and quickly evolving field.


You’ve Convinced Me–I want to be an Entertainment, Arts, or Sports Lawyer. Where do I start?

Miami Law’s LL.M in Entertainment, Arts, and Sports Law can help you make that dream a reality. The program is designed for working lawyers who want to narrow their focus on one of these specialties or students who have already received their law degrees abroad. An LL.M can provide the leg up you need in a competitive environment. The clients you’ll represent–whether it’s an actor, artist, athlete, venue, or company–need to know that you have the wide breadth of legal knowledge to help confront whatever problem they run into. A focused LL.M could make it clear that you have that expertise.


Why Miami Law?

Miami Law’s LL.M program offers some unparalleled perks to get you on the right track.

Location, Location, Location 

Miami is a vibrant, bustling city that serves as an epicenter for entertainment, art, and sports. Miami is home to a number of entertainment production companies, including Telemundo, Univision, HBO Latin America, Viacom International, Sony, and BBC Latin America. The art scene in Miami features many galleries and museums; the city has traditionally been known for its art deco flair. And don’t forget–Miami is home to the Miami Heat, the Miami Dolphins, and the Miami Marlins, in addition to countless amateur and college teams.

Connections are Key 

Who are some Miami alums in the fields of Entertainment, Arts, or Sports law? Take, for example, Horacio Gutierrez, class of ’98. He now serves as General Counsel for Spotify, one of the fastest-growing music streaming services in the world. In the field of Sports law, Dennis Curran is a Miami Law alum, class of ’75. He currently serves as the Senior Vice-President and General Counsel for the NFL Management Council, which represents the 32 teams in the NFL. And Professor Stephen K. Urice, the Director of the Arts law track, comes from a background in arts and museum law–at one point he directed the national culture program at The Pew Charitable Trusts. Miami Law’s faculty, staff, and alumni can help you bridge the gap between your education and getting involved in the job of your dreams.

Hands-On Experience

Miami Law provides its LL.M students with unparalleled hands-on experience. Each of the three tracks–Entertainment law, Art law, and Sports law–requires a practicum component that will give them experience in the field. For example, Maria Jose Rivera, a student in the LL.M program, is completing her practicum requirement at the NBC Universal Telemundo. She describes her work as a fall legal intern to the Telemundo Network with Music Affairs, saying:

I want to get to counsel and represent television and motion picture productions in all legal aspects. Whenever I walk into a studio set, I get thrills by seeing it and hearing in all in real life. I see the drafting of agreements as creating the safeguards to making those audiovisual productions come strong from a legal standpoint.

And she described her experience with the LL.M program as a whole, saying:

The program has helped me get there by not only placing me into the real practice but by granting me the privilege to work with and learn from these role models I look up to professionally. I’m drafting and negotiating agreements for the first time while being challenged to develop the skills that are in demand when becoming an effective lawyer in the entertainment industries.

So, are you ready to make a change, and work on something you’re truly passionate about? Consider Entertainment, Arts, or Sports Law. It’s a growing and exciting field, and it’s time for you to take the plunge.

Resources

Primary

Miami Law: LL.M. in Entertainment, Arts and Sports Law

Miami Law: Entertainment Track

Miami Law: Art Track

Miami Law: Sports Track 

Additional

LexisNexis: Researching Entertainment Law

ABA: What Is Sports Law and Who Is a Sports Lawyer?

Lawyers for the Creative Arts: Legal Issues in Film Production

University of Miami School of Law
The University of Miami School of Law’s mission is to foster the intellectual discipline, creativity, and critical skills that will prepare its graduates for the highest standards of professional competence in the practice of law in a global environment subject to continual–and not always predictable–transformation; to cultivate a broad range of legal and interdisciplinary scholarship that, working at the cutting edge of its field, enhances the development of law and legal doctrine, and deepens society’s understanding of law and its role in society; and to fulfill the legal profession’s historic duty to promote the interests of justice. Visit www.law.miami.edu for more information. The University of Miami School of Law is a partner of Law Street Creative. The opinions expressed in this author’s articles do not necessarily reflect the views of Law Street.

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The Olympics in Rio Has Started and BLM Hopes to Make a Change https://legacy.lawstreetmedia.com/blogs/culture-blog/olympics-rio-started-blm-hopes-make-change/ https://legacy.lawstreetmedia.com/blogs/culture-blog/olympics-rio-started-blm-hopes-make-change/#respond Mon, 08 Aug 2016 14:43:20 +0000 http://lawstreetmedia.com/?p=54684

Will there be activism at this year's Olympic Games?

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"Vanderlei Cordeiro de Lima lights cauldron" courtesy of [U.S. Army via Flickr]

The Olympics in Rio de Janeiro have finally started, with the official opening ceremony on Friday night celebrating the history and culture of Brazil. But it’s not all fun and games–activism is present too and the Black Lives Matter movement hopes to make its voice heard.

Brazil has had a rough time leading up to the games. The country is in a tough recession, the impeachment of President Dilma Rouseff weighs heavily, doping scandals abound, and the Zika virus and contaminated water concerns have made the games a hard task for organizers.

But the ceremony was a success despite a limited budget, featuring the Brazilian National anthem played by acoustic guitars, and traditional dancing as well as a tribute to the different peoples who make up the country of Brazil.

This is the first Olympics held in South America, so there are high expectations for this year’s event. And naturally, activists take the opportunity to get their issues acknowledged in the limelight.

The Black Lives Matter movement is well established in the U.S., but Brazil does not yet have an equivalent movement that is as vocal and well organized. That is why on July 23, a couple of activists from BLM traveled to Rio to walk together with some 200 Brazilians in a protest march against police violence. The march ended in a ceremony at the Candelaria Cathedral, the location of the 1993 police killings of eight children sleeping by the church.

The population of Brazil is very diverse due to its history of European explorers, Black slaves, indigenous people, and Japanese immigrants. People with darker skin tones are often discriminated against and victims of police violence–according to an August 2016 report by Human Rights Watch 77 percent of victims of police killings in Brazil are Black.

“The most important thing that we can do is build together and mobilize our people to spread the word,” said Daunasia Yancey, a BLM member among those in Rio, to AOL news.

This obviously isn’t the first time that activists have taken action at the Olympics. Back in 1968, athletes took a stand against racism and police violence when runners Tommie Smith and John Carlos raised their fists during the Summer Olympics in Mexico.

https://twitter.com/pbeckham_/status/761656365680951297

Other athletes have gotten involved in this activism as well. Recently, Michael Jordan has spoken out against the shooting of Black Americans by police officers, saying: “I am saddened and frustrated by the divisive rhetoric and racial tensions that seem to be getting worse as of late. I know this country is better than that, and I can no longer stay silent.”

“No kind of demonstration or political, religious or racial propaganda is permitted in the Olympic areas” says a clause in the Olympic handbook. But even though it may not be articulated, big sporting events always involve politics in one way or another. It could be an important stage for BLM as well as other movements to highlight their issues during such a widely observed sporting event.

This year, it remains to be seen whether any athletes take action and show their political agenda, and how far they are willing to go.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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The Real Competition in Aspen: Sponsorship Deals at the X Games https://legacy.lawstreetmedia.com/blogs/sports-blog/real-competition-aspen-sponsorship-deals-x-games/ https://legacy.lawstreetmedia.com/blogs/sports-blog/real-competition-aspen-sponsorship-deals-x-games/#respond Wed, 03 Feb 2016 19:06:45 +0000 http://lawstreetmedia.com/?p=50427

Sponsorships in the big leagues.

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"X-Games!" courtesy of [Zach Dischner via Flickr]

At this year’s X Games in Aspen, Colorado, 13-year-old Estonian skier Kelly Sildaru took home the gold in the women’s ski slopestyle event, garnering praise from her fellow athletes and attracting attention from corporate sponsors. Sildaru has been offered a sponsorship from ROXY as a reward for her athleticism, becoming one in a long line of exceptional athletes who  have committed to sponsorship deals at a young age.

Sponsorship is defined by the IEG Sponsorship Conference as “cash and/or in-kind fee paid to a property  in return for access to the exploitable commercial potential associated with that property.” Sponsorship costs can include equipment, travel fees, training fees, and a host of other expenses that an athlete would not be able to cover on their own dime. Once an athlete accepts sponsorship from a company, they often effectively agree to promote the company: wearing the company’s logo, using that company’s products and promoting that company among their peers. By sponsoring the athlete, the company will profit within the elite circles of a given sport but if they want to advertise their brand to the general public, they will ask their athlete to commit to a celebrity endorsement–print, radio, or television advertisements for the company’s products.

Some companies, such as Contour HD, require their sponsored athletes to endorse their products in interviews and on social media while others pay their athletes for endorsements in addition to their sponsorship contract. In many American high school and college level athletics programs, athletes are prohibited from striking endorsement deals (which has often been cited as an unfair practice) but in the less traditional world of winter sports, athletes as young as Sildaru may strike sponsorship deals without any penalty.

Sponsoring athletes in extreme sports was once considered risky, as it did not connect with a large enough consumer base, but as these sports become more popular, the sponsorship deals surrounding them become more attractive. The X Games 2016 were sponsored by AT&T, Coors Light, Intel, LifeProof, America’s Navy, GoPro, Harley-Davidson, Jeep, Monster Energy, Oakley, Polaris, Skype, and Xbox. Several of these companies hosted welcoming events and their logos were prominent throughout the competition, cropping up on jackets, helmets, snowmobiles and tents. During the broadcast of the X Games, commentators were not obligated to “endorse” any of the sponsors but they were required to mention the names of the sponsors at the opening of the broadcast.

Most athletes rely on sponsorship as a primary source of income and actively court endorsement opportunities. The idea of competing in a sporting event for the sheer joy and thrill still exists for many athletes, but it is complicated by the pressure placed on athletes to attract sponsors. Winning a gold medal results in a sense of pride and the respect of fellow athletes, but it also is a surefire path to a sponsorship deal. Chris Tierney, father of X Games snowboarder Meghan Tierney, stated in a recent interview that

In my eyes, from a marketing standpoint, most snowboarders would say that the Olympics and the X Games go hand in hand.

The X Games pride themselves on celebrating bright, young talents in the extreme winter sports world–but over time, the competition has become less about the sport and more about the sponsorship. The Olympics have been dominated for years by their McDonald’s and Coca-Cola sponsorship and the X Games may be taking the same path. Sponsorship is a major boon for any athlete hoping to carve out a long-term career in their sport but it also shifts the ultimate goal of the Games from athletic excellence to financial solvency.

Jillian Sequeira
Jillian Sequeira was a member of the College of William and Mary Class of 2016, with a double major in Government and Italian. When she’s not blogging, she’s photographing graffiti around the world and worshiping at the altar of Elon Musk and all things Tesla. Contact Jillian at Staff@LawStreetMedia.com

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Al Jazeera Documentary Links Peyton Manning, Others to Illegal Doping Ring https://legacy.lawstreetmedia.com/news/al-jazeera-documentary-links-peyton-manning-others-illegal-doping-ring/ https://legacy.lawstreetmedia.com/news/al-jazeera-documentary-links-peyton-manning-others-illegal-doping-ring/#respond Mon, 28 Dec 2015 20:47:35 +0000 http://lawstreetmedia.com/?p=49773

This undercover investigation accuses some of the biggest names in sports of taking performance enhancing drugs.

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Image Courtesy of [Jeffrey Beall via Flickr]

An in-depth investigative report from Al Jazeera released Sunday has accused several professional athletes, including superstar Denver Broncos quarterback Peyton Manning, of illegally using performance enhancing drugs in order to gain an edge on the competition.

The documentary enlisted the help of 37-year-old British hurdler Liam Collins, who spent six months undercover working on behalf of Al-Jazeera’s investigative unit to secretly record meetings with doctors, pharmacists, and suppliers of the drugs.

Collins posed as a prospective buyer, looking to do “whatever necessary” to once again compete at an international level and qualify for the Rio Olympics. Armed with hidden cameras, Collins recorded his interactions with several drug suppliers.

However, the brunt of the investigation relied on a series of recordings with a pharmacist named Charlie Sly, who in 2011 worked at an anti-aging clinic where Manning sought treatment for a sidelining neck injury. Sly told Collins that Peyton and his wife, Ashley, would visit the Guyer Institute after hours and receive IV treatments. He also claimed that the clinic regularly sent shipments of human growth hormone or HGH to Ashley, but he believed the drugs were actually intended for Peyton.

According to the report, prescribing HGH in the U.S. is extremely limited, and is only used to treat patients suffering with HIV, pituitary tumors, and shortened bowels. Some athletes take the drug illegally in order to retain muscle mass or recover from injuries.

HGH isn’t the only drug Al Jazeera claims Sly provided to professional athletes. In the hidden camera footage, Sly also brags about supplying Delta-2, another banned substance, to Green Bay’s Mike Neal, Julius Peppers, and Clay Matthews. He also claimed to have supplied drugs to baseball players Ryan Zimmerman of the Washington Nationals and Ryan Howard of the Philadelphia Phillies, and football players Dustin Keller, formerly of the Miami Dolphins, and James Harrison of the Pittsburgh Steelers.

Al Jazeera contacted each of the accused athletes for comment but all either declined to comment or outright denied the doping claims. Manning addressed the report Sunday, telling ESPN he was “disgusted” by the claims vowing to sue the news organization for defamation. Manning told ESPN,

It’s completely fabricated, complete trash, garbage — there’s more adjectives I’d like to be able to use. It really makes me sick.

Since the report was released, Sly uploaded a scripted video response recanting any and all statements he made to Al Jazeera. But while most of his recorded conversations with Collins sounded like an exaggerated name-dropping session, there very well may be truth to his original claims–no one knows yet.

The sports industry has been privy to many doping scandals in the past, but the bevy of athletes from different sports believed to be involved in this doping ring causing serious concern for the integrity of our country’s athletics.

So far there has been no word of any formal investigation into the legitimacy of Al Jazeera’s claims, but the likelihood of one is strong. Given the recorded evidence, it would be irresponsible to ignore these allegations, even if they do involve one of football’s most beloved athletes.

Watch Al Jazeera’s Investigation Below

 

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Capitalism and College Sports: Time to Pay Student Athletes https://legacy.lawstreetmedia.com/blogs/sports-blog/capitalism-and-college-sports-student-athlete-compensation-let-the-market-decide/ https://legacy.lawstreetmedia.com/blogs/sports-blog/capitalism-and-college-sports-student-athlete-compensation-let-the-market-decide/#respond Fri, 12 Jun 2015 14:06:53 +0000 http://lawstreetmedia.wpengine.com/?p=42579

If the NCAA is starting to sound like a cartel, that's because it is.

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The NCAA’s amateurism rule is rubbish. On its website, the college athletics governing body claims it has “adopted amateurism rules to ensure the students’ priority remains on obtaining a quality educational experience and that all of student-athletes are competing equitably.” The page goes on to list all the things student athletes are not allowed to do under the principle of amateurism, including:

  1. Salaries for participating in athletics;
  2. Contracts with professional teams;
  3. Benefits from an agent or a prospective agent;
  4. Agreement to be represented by an agent; and
  5. Tryouts, practice, or competition with a professional team.

In the meantime, the University of Texas basketball program collected more than $165 million in revenue for the 2013-2014 season, according to the Office of Postsecondary Education. Forbes values its football program at a cool $139 million, while the NCAA as a whole made nearly $913 million for the fiscal year 2013.

If the NCAA is starting to sound like a cartel, that’s because it is. By definition, a cartel is an agreement between competing firms to fix prices. A long time ago, colleges got together and decided not to pay players, fixing the salaries of their student-athlete employees at zero for the benefit of NCAA and participating universities’ leadership.

So then, it becomes evident that the NCAA needs to get rid of its amateurism rule. Fortunately, the rule is already under assault in the court room.

In a March 2014 National Labor Relations Board decision, Regional Director Peter Sung Ohr ruled that a group of Northwestern University football players are eligible to form a union on the basis that players devote as many as 50 hours a week to football, and that scholarships, which can be terminated yea to year and require student athletes to adhere to certain guidelines, are a contract for compensation.

In an August 2014 California District Court decision, Judge Claudia Wilken ruled that “NCAA rules unreasonably restrain trade in the market for certain educational and athletic opportunities offered by NCAA Division I schools” in a case involving a former UCLA basketball star who claimed the NCAA and EA Sports violated his right to use his image for marketing purposes when his image was used in a video game without his consent and without compensation.

Nevertheless, there are numerous arguments against compensating student athletes.

Some argue that a vast majority of athletic programs at universities are losing money and need help from their basketball and football programs to stay afloat. Compensating student athletes, they contend, will force athletic departments across the country to cut programs.

Tough luck. We live in a capitalist society where businesses close every day because they fail to make a profit. If a university believes that maintaining these programs leads to more donations from alumni, fine, fund them through donations. But student athletes contributing to profitable programs should not be punished for the financial woes of their unprofitable counterparts.

Others argue that scholarships reasonably compensate student athletes.

No, they don’t. In a Drexel University and National College Players Association study, the average Division I college basketball player would earn $266,000 per year, and the average Division I football player would earn $114,000 per year, if players received 50 percent of the revenue earned by their respective programs, which is approximately the revenue sharing model of the NBA and NFL.

Still, others argue that high school athletes have the right to decide whether or not they want to accept a scholarship and be bound by NCAA regulations.

Well, the NBA enforces a 19-year age minimum for draftees, and the NFL requires its draftees to be three years removed from high school. With the emergence of European and Chinese leagues, some high school basketball stars have opted to spend their last years of ineligibility abroad. With no comparable foreign football leagues, football stars are out of luck.

There is yet another denomination of people who argue that the NFL’s three-year rule protects young athletes who are more susceptible to injuries such as concussions.

In most states, minors become legal adults at the age of 18, and the legal age of consent is 16. High school football players are well aware of the risks associated with playing the sport, and they should have the option to get paid millions of dollars to take on the higher risks of playing professionally with better athletes, or receive scholarships and develop their skills in a less physical college setting.

Consequently, the most sensible solution to the NCAA amateurism problem is for the NBA and NFL to eliminate their age requirements. Unfortunately, college athletics function as a phenomenal developmental league for professional leagues that professional franchises do not have to pay for.

So, as long as these age requirements are in place, amateurism in college athletics is dead. The NCAA needs to stop pretending that its student athletes are students first, athletes second, and open up its leagues to all the intricacies of the free market.

Doing so may involve sports agents that specialize in college athletes, or a free agency period where eligible players can transfer to other universities. The market will invariably take many twists and turns before it settles into a final model, but it will certainly be better than a system in which a cartel blatantly exploits the services of helpless college athletes.

Hyunjae Ham
Hyunjae Ham is a member of the University of Maryland Class of 2015 and a Law Street Media Fellow for the Summer of 2015. Contact Hyunjae at staff@LawStreetMedia.com.

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Deflategate: Patriots Caught Deflating AFC Championship Game Footballs https://legacy.lawstreetmedia.com/blogs/sports-blog/deflategate-patriots-caught-deflating-afc-championship-game-footballs/ https://legacy.lawstreetmedia.com/blogs/sports-blog/deflategate-patriots-caught-deflating-afc-championship-game-footballs/#comments Wed, 21 Jan 2015 18:56:25 +0000 http://lawstreetmedia.wpengine.com/?p=32399

Looks like Patriots' coach Bill Belichick has found himself at the center of yet another cheating scandal.

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Image courtesy of [Football Schedule via Flickr]

Looks like Patriots’ Coach Bill Belichick has found himself at the center of yet another cheating scandal, this time over his balls. The NFL has found that 11 out of 12 of the New England Patriots’ game balls were under-inflated during their 45-7 victory over the Indianapolis Colts in the AFC Championship game on Sunday.

According to ESPN, the NFL’s subsequent investigation found that the footballs were inflated two pounds per square inch below what is required by NFL regulations. This apparently went unnoticed by the referee, Walt Anderson, who checked and approved both team’s footballs a little over two hours before kickoff.

So how do under-inflated footballs provide a competitive advantage? In an interview with NPR, scientist Ainissa Ramirez, author of “Newton’s Football,” explained that it helps improve the grip. She stated:

Particularly during that game which was very rainy, it’s hard to hold the ball, it’s hard to catch the ball. So by making it a little softer, it’s easier to catch the ball.

Patriots’ Quarterback Tom Brady tried laughing off the ball-tampering allegations Monday saying, “I think I’ve heard it all at this point,” but I doubt he’s laughing now. In fact, he’s probably putting his head under the covers after a 2011 radio interview surfaced in which Brady admitted he likes deflated balls. I find it highly unlikely that Brady would not have noticed that the balls were lighter throughout the game, but there’s no way he would ever admit it.

This isn’t the first time that Belichick’s coaching methods have been under fire. In 2007 he was disciplined by the NFL for a videotaping controversy dubbed “Spygate.” He was caught recording the New York Jets’ sideline coaches’ signals during a September 9, 2007 game. He was fined the largest fine ever imposed on a coach in NFL history–a total of $500,000. The Patriots were also fined $250,000 and stripped of their 2008 first round draft picks.

The NFL is choosing not to comment at this time, so it’s yet to be determined what penalties might be imposed. It’s highly likely that the Patriots will end up being fined and lose their draft picks as well, but that will have to be determined by the NFL. So far, the Patriots are still scheduled to play the Seattle Seahawks in the Super Bowl XLIX on February 1st.

The league should be taking this scandal very seriously. Personally, I think the Patriots should be disqualified from playing in the Super Bowl game. Even though they defeated the Colts by a landslide, cheating is cheating and this scandal threatens the integrity of the game. More fines and lost draft picks are going to be just another slap on the wrist, but taking away the chance at a championship ring will really hurt. Fans and players alike on Twitter seem just as outraged.

However, no matter what happens, in an effort to make light of the situation we can always rely on the internet to quickly add some well-timed “balls” jokes. So before you go, enjoy this wonderful Patriots-Cialis parody video.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Undercover Cops Coming to an NFL Game Near You https://legacy.lawstreetmedia.com/news/undercover-cops-nfl/ https://legacy.lawstreetmedia.com/news/undercover-cops-nfl/#respond Fri, 05 Sep 2014 10:30:13 +0000 http://lawstreetmedia.wpengine.com/?p=23905

Sports stadiums are great places for brawls to break out. Or fist fights, alcohol induced screaming matches, or a whole litany of other inappropriate behavior. So, in some cities with NFL teams, police are coming up with new ways to try to stem the violence. In Seattle, for example, members of the police force are going to go undercover as opposing teams' fans. With a game against Green Bay on Thursday night, Seattle officers will be wandering around in Packers' garb.

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Sports stadiums are great places for brawls to break out. Or fist fights, alcohol induced screaming matches, or a whole litany of other inappropriate behavior. So, in some cities with NFL teams, police are coming up with new ways to try to stem the violence. In Seattle, for example, members of the police force are going to go undercover as opposing teams’ fans. At last night’s game against Green Bay, Seattle officers planned to wander around in Packers’ garb.

Apparently this is not a new thing — officers have shown up to games a few times before dressed as opposing teams’ fans. In a post-season 49ers-Giants game last year, for example, there were undercover cops in Giants wear.

The move is an interesting and pragmatic one in a sport that has a history of fighting almost as old as the NFL itself. It’s not hard to find examples of two teams’ fans getting into it — take the nasty fight between fans of the San Diego Chargers and Dallas Cowboys last October, for example. Two groups, each wearing their teams’ jerseys, brawled in the stadium parking lot after one woman slapped a man for reasons still unknown but probably related to the game that had just let out. The fight escalated until people were hit over the head with beer bottles in a confrontation that lasted for a total of 25 minutes. In a follow up with the police after the fight, local news station NBC 7 learned that there are arrests after pretty much every Chargers home game.

The fights don’t even always happen during games that really matter. A few years ago, after a preseason game between the San Francisco 49ers and the Oakland Raiders, two men were shot in an apparent sports-induced altercation.

It’s pretty easy to understand how football games, and other sports for that matter, can end in blows. In addition to freely flowing alcohol, there’s something about sports that can get people so completely riled up. Christian End, a professor of sports fan behavior at Xavier University, explains the phenomenon, pointing out that it’s easy to get swept up in a crowd. As End explains it, “the anonymity of large crowds can afford some fans the opportunity to act in a way that they typically wouldn’t because there’s less accountability and less fear of repercussion.”

There’s few solutions to the problem of fan violence at football games, and the ones that do exist seem entirely unlikely to be implemented. For example, given that alcohol is often fuel for these fights, it would make sense to ban alcohol at sporting events, or at the very least install some sort of drink limit. But given the huge profits made from selling alcohol at football games, I highly doubt any NFL team would ever comply.

So, here we are, with undercover cops dressed up as fans from incoming teams. Well, sort of. They’re undercover in the sense that they are not easily distinguishable as cops, but in Seattle the police are being very forthright about their plans. The operation is an attempt to deter violence in the first place — a message to Seahawks fans not to attack that jerk in the Packers shirt, because he may be able to turn around and arrest you. If it goes well, and the officers are able to respond accordingly to any violence that does break out, it’s a model that would be pretty easily implemented throughout the country at games that are high risk for confrontations. Fights will probably still happen, but hopefully some would-be brawlers will think twice.

Anneliese Mahoney (@AMahoney8672) is Lead Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

Featured image courtesy of [Jame and Jesse via Flickr]

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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School Start Times: Do More ZZZs Equal More A’s? https://legacy.lawstreetmedia.com/issues/education/should-school-start-later/ https://legacy.lawstreetmedia.com/issues/education/should-school-start-later/#comments Wed, 27 Aug 2014 19:33:06 +0000 http://lawstreetmedia.wpengine.com/?p=13309

For the average American public high school student, school starts around 8:00am. When you factor in the fact that bus and/or driving transportation is required, the day can start much earlier for most students. Many people have argued that school should start later for growing adolescents. Read on to learn about the laws surrounding our educational start times, the debate about changing the times, and what factors are taken into account when planning a school's first bell.

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Image courtesy of [CollegeDegrees360 via Flickr]

For the average American public high school student, school starts around 8:00am. When you factor in the fact that bus and/or driving transportation is required, the day can start much earlier for most students. Many people have argued that school should start later for growing adolescents. Read on to learn about the laws surrounding our educational start times, the debate about changing the times, and what factors are taken into account when planning a school’s first bell.


Why does school start so early?

There’s not actually a very good answer to this question. It’s partly tradition — school has always started early, possibly as a way to “train” students for the real world. There’s also the desire to make time for extracurriculars. A packed resume becomes more desirable for college applicants, so schools want to leave plenty of time in the afternoon for students to engage in sports, clubs, part-time jobs, and other activities. With regard to sports and other outdoor activities, schools want to leave enough time for students to be able to be outside before it gets too dark. There’s also the transportation argument — often school districts stagger when local levels of schools start so they don’t need to send out buses for elementary, middle, and high school students at the same time.


What would be the benefits to changing the start times?

Less Tardiness, More Participation 

It is no secret that during their first period of the day, high school students are often still mentally asleep, which creates problems involving both class participation and school tardiness. The University of Minnesota conducted a study when the Minneapolis Public School System changed the starting time of seven high schools from 7:15am to 8:40am. The study found that students benefited academically from gaining additional hours of sleep each week. Advocates of later morning bells argue that this shift would enable students and teachers to make more of the school day.

Preventing Accidents

Additionally, many high school juniors and seniors who drive to high school in the morning are often “driving drowsy” and the decreased alertness caused by driving this early in the morning is often a factor in many adolescent automobile accidents. “Driving drowsy” is incredibly dangerous:

The National Highway Traffic Safety Administration conservatively estimates that 100,000 police-reported crashes are the direct result of driver fatigue each year. This results in an estimated 1,550 deaths, 71,000 injuries, and $12.5 billion in monetary losses. These figures may be the tip of the iceberg, since currently it is difficult to attribute crashes to sleepiness.

Additionally, according to the National Sleep Foundation, adults between 18-29 are more likely to get into accidents from driving drowsy. While there doesn’t appear to be statistics available for 16 and 17-year-old drivers, it’s safe to assume they’d be consistent with or worse than that of their slightly older counterparts. Allowing students to get more adequate nights of sleep would help prevent potentially dangerous accidents.

Helping Teenagers to Grow

One of the most convincing arguments for why we might want to change the start times at the high school level is that they don’t work with the specific circadian rhythms of teenagers. According to doctors, when adolescents hit puberty, their bodies release melatonin later into the night than adults. This makes it very difficult for them to fall asleep, even if they go to bed early, and therefore harder to wake up first thing in the morning. In addition, teenagers need more sleep than adults, given that they are usually still growing. It’s estimated that a teenager needs about nine-and-a-half hours of sleep on any given night.

The American Academy of Pediatrics has recently started advocating for a school day that starts at 8:30am or later. The doctors explain that sleep deprivation can have very negative ramifications on students’ health. It’s unsurprisingly much harder to concentrate on school work and tests when you’re running on less sleep than your body needs to operate. But there are also lesser known consequences: lack of sleep among teenagers hasbeen linked to higher rates of depression, anxiety, and obesity.


What are the arguments against changing school start times?

Opponents acknowledge that current school schedules are out of sync with teenagers’ natural sleep cycles; however, many parents and administrators argue that these changes would bring about a number of problems, and therefore would not be worth the questionable academic benefits to their students.

As more students each year apply to colleges, extracurricular activities and sports have become vital in rounding out a student’s resume; however, if school starts and ends later, students will have less time for these extracurricular activities. Additionally, many students either have to watch younger siblings after school while their parents work or have after-school jobs themselves, both of which would become problematic if these students were to get out of school later. Busing would become a major problem, as well. Administrators have stated that it would be impossible to bus high school, middle school, and elementary students all at the same time, and they are unwilling to have elementary school children walking to school or waiting for the bus at 6:45 in the morning.

High school students driving to school later would often end up getting caught right in the middle of morning rush hour traffic, negating the decrease in the risk of accidents due to drowsy driving. Lastly, there are many who feel that if school were to start later, students would simply use that as an excuse to go to bed late. Oponents instead argue that it is the parent’s jobs to strictly enforce curfews to ensure that their children get adequate sleep in preparation of their early schedules, and that students need to learn to get up early before entering the real world.


What else can be done to help students get more sleep?

While it seems like schools are starting to consider later start times, and more and more doctors are advocating for these changes, we probably won’t be seeing changes anytime soon. There are a lot of logistical, financial, and policy issues that need to be untangled before schools shift start times dramatically. In the mean time, doctors recommend that students attempt to get the appropriate amount of sleep whenever possible, and that their parents help as much as they can.

One big recommendation deals with the increasingly common use of electronics before bed time. As Children’s Hospital pediatrician Mary Palmer points out:

As society has moved along, now we have things that keep us awake after the sun goes down. You have to have a time to process and decompress and if you’re still multitasking, which most of our electronics have us doing. I mean, we’re going from email to Twitter and there’s just so many inputs, so you have to have less distractors.

While adolescents’ Circadian rhythms may be different than those of adults, it’s still important to listen to advice like Palmer’s. Steps can be taken that make it easier for students to fall asleep at times that will give them the appropriate amount of shut-eye before school starts in the morning. While many schools are still working their way through instituting later start times for high school students, this advice is especially valuable.


Resources

Primary 

U.S. House of Representatives:  H. Con. Res. 176 ZZZ’s to A’s Resolution

Fairfax County School Board: Goal to Start High Schools After 8:00AM

Additional

KUOW.org: Sleep-Deprived Teenagers? Starting School Later Could Help Them Catch Up

Today: Teen Sleep Zombies: Should High Schools Have Later Start Times?

Smithsonian: School Really Should Start Later

National Sleep Foundation: School Start Time and Sleep

Start School Later: What’s the Big Deal?

Bethesda Magazine: Not Everyone Thinks MCPS High Schools Should Start Later

The New York Times: Are You Up Yet?

WFSU: Proposal to Push Back High School Start Times Raised School Districts’ Ire

Washington Post: Spend Millions to Let Teens Sleep Later?

mLive: Why Do High School Kids Go to School So Early? Because That’s the Way it’s Always Been

Week: Should High School Start Later?

ABC WFTS: More Debate On if High School Students Should Start Classes Later

Huffington Post: Should a School Change Start Time For Sleep? Later School Times Improve Student Performance: Study

Associated Press: Starting High School Later May Help Sleepy Teens

CBS: Stop Starting School So Early Doctors Say

Joseph Palmisano
Joseph Palmisano is a graduate of The College of New Jersey with a degree in History and Education. He has a background in historical preservation, public education, freelance writing, and business. While currently employed as an insurance underwriter, he maintains an interest in environmental and educational reform. Contact Joseph at staff@LawStreetMedia.com.

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Little League is Big Business https://legacy.lawstreetmedia.com/blogs/sports-blog/little-league-is-big-business/ https://legacy.lawstreetmedia.com/blogs/sports-blog/little-league-is-big-business/#respond Wed, 27 Aug 2014 14:30:38 +0000 http://lawstreetmedia.wpengine.com/?p=23406

On August 20, 5 million people tuned in to watch a summer baseball game, a pretty impressive figure considering MLB playoffs don’t begin until October. Now consider that those numbers aren’t for major league baseball or even college, but for little league baseball. Last Wednesday, 13-year-old Mo’ne Davis and her Philadelphia team battled and lost admirably to […]

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On August 20, 5 million people tuned in to watch a summer baseball game, a pretty impressive figure considering MLB playoffs don’t begin until October. Now consider that those numbers aren’t for major league baseball or even college, but for little league baseball. Last Wednesday, 13-year-old Mo’ne Davis and her Philadelphia team battled and lost admirably to their Las Vegas counterpart, the latest event in a string of brushes with early fame. Sports fans and parents alike seem to endorse little league baseball, but one has to wonder: in an age when amateurism is being redefined at the collegiate level, will the public ever find little league baseball to be exploitative?

Like college football, little league baseball has seen a relatively quick surge in revenue. In 2012, even before Mo’ne Davis took America by storm, Little League Inc. had assets of nearly $85 million. Also like college football, the players are not the ones collecting the revenue. A majority of the revenue generated is used to maintain the Little League headquarters in Williamsport, Pennsylvania, as well as the domestic regional offices and the international facilities in Canada, Hong Kong, and Poland.

As the NCAA can attest, if organizational revenue increases from television contracts while players remain unpaid, some may declare the league exploitative. But Little League, Inc. can rest assured knowing its players won’t be seeking the same redress as current or former college athletes. For starters, Little League, Inc. hasn’t sold its athletes’ rights to merchandisers. The NCAA did, and that was generally what the recently decided O’Bannon v. NCAA was all about.

Secondly, the best college athletes not only earn their organizations money, they do so in lieu of their own earnings. Star athletes in basketball, football, hockey, and baseball often choose between college or receiving compensation from a domestic or foreign league. In 2008, NBA point guard Brandon Jennings chose to play professional basketball in Italy rather than play college basketball in the U.S. Mo’ne Davis et al., as entertaining as they may be, do not have similar opportunities considering minors lack the traditional capacity to contract in the United States, and child labor, even in Europe, is frowned upon.

Although it shouldn’t worry about being sued by its players, Little League Inc. might have to worry about its volunteers. Behind the play of child stars stands 1.25 million non-paid volunteers who ensure little league games are run effectively. Think it’s unlikely they would sue after volunteering to work for no money? So too, most likely, did Major League Baseball. So too, most likely, did several media giants in NYC.

Can all volunteers now sue their “employer,” even if it’s a non-profit? Is anything keeping Americorps and Salvation Army volunteers from suing those establishments? Not exactly. The Southern District of New York held fairly recently in a suit brought by Fox Searchlight Studio interns that the unpaid’s legal status generally depends on the motivation of the organization using them. Fox was found to be using interns in lieu of employees, and it was mainly to benefit them financially rather than offer experience to the interns. If Little League, Inc. keeps expanding its volunteer base in order to continue generating revenue, then it too may be thrown a curve ball.

Andrew Blancato (@BigDogBlancato) holds a J.D. from New York Law School, and is a graduate of the University of Massachusetts, Amherst. When he’s not writing, he is either clerking at a trial court in Connecticut, or obsessing over Boston sports.

Featured image courtesy of [Edwin Martinez via Flickr]

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Top 10 Law Schools for Entertainment Law 2014 https://legacy.lawstreetmedia.com/schools/top-10-law-schools-entertainment-law-2014/ https://legacy.lawstreetmedia.com/schools/top-10-law-schools-entertainment-law-2014/#comments Mon, 25 Aug 2014 10:42:34 +0000 http://lawstreetmedia.wpengine.com/?p=23381

Check out Law Street's Top Law Schools for Entertainment Law in 2014.

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Research and analysis done by Law Street’s Law School Rankings team: Anneliese Mahoney, Brittany Alzfan, Erika Bethmann, Matt DeWilde, and Natasha Paulmeno.

Click here for detailed ranking information for each of the Top 10 Law Schools for Entertainment Law.

Featured image courtesy of [Widener University School of Law via Flickr]

Chelsey D. Goff
Chelsey D. Goff was formerly Chief People Officer at Law Street. She is a Granite State Native who holds a Master of Public Policy in Urban Policy from the George Washington University. She’s passionate about social justice issues, politics — especially those in First in the Nation New Hampshire — and all things Bravo. Contact Chelsey at staff@LawStreetMedia.com.

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Top 10 Law Schools for Entertainment Law: #4 UCLA School of Law https://legacy.lawstreetmedia.com/schools/top-10-law-schools-entertainment-law-4-ucla-school-of-law/ https://legacy.lawstreetmedia.com/schools/top-10-law-schools-entertainment-law-4-ucla-school-of-law/#respond Mon, 25 Aug 2014 10:38:32 +0000 http://lawstreetmedia.wpengine.com/?p=23111

UCLA School of Law is one of the top law schools for Entertainment Law in 2014. Discover why this program is #4 in the country.

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Research and analysis done by Law Street’s Law School Rankings team: Anneliese Mahoney, Brittany Alzfan, Erika Bethmann, Matt DeWilde, and Natasha Paulmeno.

Click here to read more coverage on Law Street’s Law School Specialty Rankings 2014.

Click here for information on rankings methodology.

Featured image courtesy of [Coolcaesar via Wikipedia]

 

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Top 10 Law Schools for Entertainment Law: #5 USC Gould School of Law https://legacy.lawstreetmedia.com/schools/top-10-law-schools-entertainment-law-5-usc-gould-school-law/ https://legacy.lawstreetmedia.com/schools/top-10-law-schools-entertainment-law-5-usc-gould-school-law/#respond Mon, 25 Aug 2014 10:37:30 +0000 http://lawstreetmedia.wpengine.com/?p=23113

USC Gould School of Law is one of the top law schools for Entertainment Law in 2014. Discover why this program is #5 in the country.

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Research and analysis done by Law Street’s Law School Rankings team: Anneliese Mahoney, Brittany Alzfan, Erika Bethmann, Matt DeWilde, and Natasha Paulmeno.

Click here to read more coverage on Law Street’s Law School Specialty Rankings 2014.

Click here for information on rankings methodology.

Featured image courtesy of [Pbgr via Wikipedia]

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Top 10 Law Schools for Entertainment Law: #6 Fordham Law School https://legacy.lawstreetmedia.com/schools/top-10-law-schools-entertainment-law-6-fordham-law-school/ https://legacy.lawstreetmedia.com/schools/top-10-law-schools-entertainment-law-6-fordham-law-school/#respond Mon, 25 Aug 2014 10:36:30 +0000 http://lawstreetmedia.wpengine.com/?p=23118

Fordham Law School is one of the top law schools for Entertainment Law in 2014. Discover why this program is #6 in the country.

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Research and analysis done by Law Street’s Law School Rankings team: Anneliese Mahoney, Brittany Alzfan, Erika Bethmann, Matt DeWilde, and Natasha Paulmeno.

Click here to read more coverage on Law Street’s Law School Specialty Rankings 2014.

Click here for information on rankings methodology.

Featured image courtesy of [William Ward via Flickr]

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Top 10 Law Schools for Entertainment Law: #7 New York University School of Law https://legacy.lawstreetmedia.com/schools/top-10-law-schools-entertainment-law-7-new-york-university-school-of-law/ https://legacy.lawstreetmedia.com/schools/top-10-law-schools-entertainment-law-7-new-york-university-school-of-law/#respond Mon, 25 Aug 2014 10:35:43 +0000 http://lawstreetmedia.wpengine.com/?p=23121

New York University School of Law is one of the top law schools for Entertainment Law in 2014. Discover why this program is #7 in the country.

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Research and analysis done by Law Street’s Law School Rankings team: Anneliese Mahoney, Brittany Alzfan, Erika Bethmann, Matt DeWilde, and Natasha Paulmeno.

Click here to read more coverage on Law Street’s Law School Specialty Rankings 2014.

Click here for information on rankings methodology.

Featured image courtesy of [Jonathan71 via WikiMedia]

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Top 10 Law Schools for Entertainment Law: #8 Villanova Law School https://legacy.lawstreetmedia.com/schools/top-10-law-schools-entertainment-law-8-villanova-law-school/ https://legacy.lawstreetmedia.com/schools/top-10-law-schools-entertainment-law-8-villanova-law-school/#respond Mon, 25 Aug 2014 10:34:19 +0000 http://lawstreetmedia.wpengine.com/?p=23125

Villanova Law School is one of the top law schools for Entertainment Law in 2014. Discover why this program is #8 in the country.

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Research and analysis done by Law Street’s Law School Rankings team: Anneliese Mahoney, Brittany Alzfan, Erika Bethmann, Matt DeWilde, and Natasha Paulmeno.

Click here to read more coverage on Law Street’s Law School Specialty Rankings 2014.

Click here for information on rankings methodology.

Featured image courtesy of: [Alertjean via WikiMedia]

 

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Top 10 Law Schools for Entertainment Law: #9 Vanderbilt University Law School https://legacy.lawstreetmedia.com/schools/top-10-law-schools-entertainment-law-9-vanderbilt-university-law-school/ https://legacy.lawstreetmedia.com/schools/top-10-law-schools-entertainment-law-9-vanderbilt-university-law-school/#respond Mon, 25 Aug 2014 10:33:01 +0000 http://lawstreetmedia.wpengine.com/?p=23128

Vanderbilt University Law School is one of the top law schools for Entertainment Law in 2014. Discover why this program is #9 in the country.

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Research and analysis done by Law Street’s Law School Rankings team: Anneliese Mahoney, Brittany Alzfan, Erika Bethmann, Matt DeWilde, and Natasha Paulmeno.

Click here to read more coverage on Law Street’s Law School Specialty Rankings 2014.

Click here for information on rankings methodology.

Featured image courtesy of: [15Everett via WikiMedia]

 

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Top 10 Law Schools for Entertainment Law: #10 Stanford Law School https://legacy.lawstreetmedia.com/schools/top-10-law-schools-entertainment-law-10-stanford-law-school/ https://legacy.lawstreetmedia.com/schools/top-10-law-schools-entertainment-law-10-stanford-law-school/#respond Mon, 25 Aug 2014 10:32:55 +0000 http://lawstreetmedia.wpengine.com/?p=23131

Stanford Law School is one of the top law schools for Entertainment Law in 2014. Discover why this program is #10 in the country.

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Research and analysis done by Law Street’s Law School Rankings team: Anneliese Mahoney, Brittany Alzfan, Erika Bethmann, Matt DeWilde, and Natasha Paulmeno.

Click here to read more coverage on Law Street’s Law School Specialty Rankings 2014.

Click here for information on rankings methodology.

Featured image courtesy of [Jonathan Yu via Flickr]

 

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Watch the Throne: Who Succeeds if the NCAA Loses Power? https://legacy.lawstreetmedia.com/blogs/sports-blog/watch-throne-succeeds-ncaa-loses-power/ https://legacy.lawstreetmedia.com/blogs/sports-blog/watch-throne-succeeds-ncaa-loses-power/#comments Mon, 18 Aug 2014 14:49:29 +0000 http://lawstreetmedia.wpengine.com/?p=23078

This decision is just one of several recent attempts to wrestle power away from the NCAA.

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Image courtesy of [Jeff Wilcox via Flickr]

The National Collegiate Athletic Association (NCAA) has ruled college athletics in a manner that would make dictators green with envy, and each decade under its rule seemed to indicate the increased power they’ve gained. In 1976 the association was entrusted with the authority to penalize schools directly. In 1988, the Supreme Court held that despite its quasi-governmental makeup, the NCAA was not a state actor and therefore need not provide procedural due process. Throughout the nineties and into the present day, the NCAA brokered broadcasting deals for more and more money, resulting in a body that generated more than $750 million as of 2013.  But as any powerful politician knows, you can’t stay on top forever.

On August 8, 2014, Judge Claudia Wilken of the Northern District of California held in O’Bannon vs. NCAA that the NCAA’s current structure violates federal antitrust law. Specifically, Judge Wilken found that the NCAA can’t forbid schools from providing marginal compensation to their student athletes. For now, the ruling only approves of a $5,000 yearly allowance to an eligible NCAA basketball or football player’s trust fund. But the old guard should be nervous, as this decision is just one of several recent (and well-designed) attempts to wrestle power away from the NCAA. Earlier this year, Northwestern University football players successfully petitioned the NLRB to form a players union. Around the same time, famed labor lawyer Jeffrey Kessler filed suit against the NCAA, which essentially seeks to remove all caps on a college athlete’s earning capacity. Some journalists have indicated this is the beginning of the endfor the NCAA, but if that’s so, what lies ahead?

The good news is that courts are unlikely to reverse the advances made by the students. The NCAA has already indicated its plan to appeal O’Bannon, but since the Ninth Circuit is generally labor friendly, it’s unlikely the decision will be overturned at the next stage.

A reversal at the Supreme Court isn’t likely either. Despite a recent trend of being generally unfriendly to labor (e.g., this and this), SCOTUS is unlikely to decide O’Bannon purely on employment/labor law grounds. O’Bannon is an antitrust case, and plaintiffs in antitrust cases generally argue to oust a singular bully and restore free market principles. This is a notion most friends-of-management favor, perhaps especially in the Supreme Court’s case considering they’ve restored free market principles against the NCAA in the past.

The bad news for the student-athlete revolution is that their respective schools may have conflicting interests, and they may continue to thwart any effort to provide meaningful pay to students. Not too long ago the NCAA attempted to pass a resolution whereby student-athletes would get a stipend in addition to their scholarships. The schools, not the NCAA, pushed back against the idea.  Essentially, the schools that generated less sports-related revenue believed they would be unfairly burdened if they were forced to offer stipends in equal proportion to money makers like Texas and Wisconsin, especially after considering Title IX funding requirements.

Okay, so tax-paying Americans live with a progressive income tax rather than a flat tax, why can’t NCAA schools construct something similar with regard to student-athlete trust funds? Because the aforementioned money makers in college sports are already positioning themselves to avoid it. The day before the O’Bannon decision came down, the NCAA voted to allow the richest schools in D-I sports to have more autonomy. The autonomy could enable big schools to provide their students with more financial aid and could allow students to receive money through other pursuits (something former Colorado receiver Jeremy Bloom would have enjoyed).

The possible downside to the autonomy is that it becomes less likely the richest schools would be forced to comply with a graduated trust fund plan akin to a progressive tax. The richest schools would pay their recruits what they wanted, while the less-flush schools would be forced to pay the same amount, or risk losing even more recruits to bigger schools. This dichotomy could widen the income gap between large and small schools.

So why would the NCAA do this? Because the NCAA was a puppet government all along, man. Unlike sports oligarch FIFA, the NCAA doesn’t have a lot of disposable income. Ninety-six percent of its annual revenue is returned to charter schools, which is disproportionately given to the moneymakers of football and basketball. This money, AKA leverage, forced the hands of the NCAA and smaller schools to vote for the power-five conference autonomy, because they were scared the big schools would split off and create their own league.

In sum, the students won the day on August 8, but the real war could pit wealthy schools against not-so-wealthy schools. And in the end, the tyranny felt under the NCAA may not compare to the misery that the students and administrators of less fortunate schools feel when they try to compete against the power brokers of college sports. But ya know, viva la revolution.

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Recent Suspension Reveals NFL’s Inconsistency in Punishments https://legacy.lawstreetmedia.com/news/nfl-inconsistently-reprimands-players/ https://legacy.lawstreetmedia.com/news/nfl-inconsistently-reprimands-players/#respond Wed, 13 Aug 2014 18:03:15 +0000 http://lawstreetmedia.wpengine.com/?p=22199

Punishments often don’t fit the crime, but cases of overly lenient or harsh sentences are especially prevalent in the world of the rich and famous. The NFL in particular has received a lot of attention for its recent punishments, as many see them to be inconsistent.

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Punishments often don’t fit the crime, but cases of overly lenient or harsh sentences are especially prevalent in the world of the rich and famous. The NFL in particular has received a lot of attention for its recent punishments, as many see them to be inconsistent. While it may be true that the criminal justice system treats pro football players differently than the average American, much of the recent outrage is focused on the NFL’s internal system of discipline. Athletes in the NFL can commit the same crimes and often receive completely different punishments.

One of the most recent cases involved Ray Rice, a star running back for the Baltimore Ravens. Video cameras captured Rice beating his former fiancée, Janay Palmer, unconscious after dragging her out of an elevator. His punishment for this heinous act was recently revealed by the NFL: Rice will be suspended for two games.

If Rice were not a professional football player, his aggravated assault may have been considered a felony, punishable by up to 25 years in a Maryland state prison. Instead Rice was placed in a diversion program for first time offenders and does not face any prison time. His status as a famous athlete instead of an average Joe seems to have led to his evasion of prison time and a very lax punishment from the NFL.

To contextualize the absurdity of his recent punishment, one must look at other examples of crimes committed by NFL athletes. Another similar case that vastly juxtaposes Rice’s is that of Daryl Washington, a linebacker for the Arizona Cardinals. Washington, like Rice, assaulted his girlfriend, yet received a much harsher penalty of one year of supervised probation. He later got a one year suspension for substance abuse.

Clearly, there is no uniformity dictating the type of punishments doled out to NFL athletes. Their punishments fall at two extreme ends of a spectrum–either far too harsh or far too lenient. Punishments for drug violations in particular have proven to be one area that demonstrates the league’s use of “far too harsh” sentences. Last year, LaVon Brazill received a four game suspension for violating the league’s drug policy by reportedly smoking marijuana. Brazill recently violated this policy a second time, for which he was suspended for an entire year. His most recent punishment also prompted his release from the Colts entirely.

So, let’s compare this to Rice’s case:  Rice was given a two game suspension for beating his wife. On the other hand, Brazill’s first offense for smoking a drug that has been decriminalized or legalized in many states, yielded a suspension that was twice as long, and his second violation left him without a job. While assault and drug use are obviously very different crimes, this kind of disparity doesn’t seem to add up.

In the last year alone, at least 14 players were suspended by the NFL for either substance abuse or performance-enhancing drug use. None of the aforementioned players received less than a four-game penalty. One of them, Indianapolis Colts linebacker Robert Mathis, was suspended for four games by the league for taking a fertility drug.

There are countless more examples of confusing and disturbing punishment inconsistencies. In January 2013, a player for the Indianapolis Colts was kicked off the team after being charged with a misdemeanor simple battery. In February of 2013, Chicago player J’Marcus Webb was arrested for possession of marijuana and all charges were later dropped. The NFL said they would “look into the charges,” but did not end up doling out a punishment. In contrast, two players for the New York Jets were cut from the team for possessing small amounts of the same drug.

Fans have expressed outrage towards the inconsistency of punishments given by the NFL, yet the league maintains that its punishments are consistent. In order to establish true uniformity and ensure that punishments properly fit the crime, the NFL and its players’  association need to reevaluate their current policies and punishment guidelines. Otherwise, these all-over-the-board punishments will continue to be doled out to players committing the same or similar crimes.

Marisa Mostek (@MarisaJ44loves globetrotting and writing, so she is living the dream by writing while living abroad in Japan and working as an English teacher. Marisa received her undergraduate degree from the University of Colorado in Boulder and a certificate in journalism from UCLA. Contact Marisa at staff@LawStreetMedia.com.

Featured image courtesy of [Bob Marquart via Flickr]

 

Marisa Mostek
Marisa Mostek loves globetrotting and writing, so she is living the dream by writing while living abroad in Japan and working as an English teacher. Marisa received her undergraduate degree from the University of Colorado in Boulder and a certificate in journalism from UCLA. Contact Marisa at staff@LawStreetMedia.com.

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The People vs. Luis Suarez https://legacy.lawstreetmedia.com/blogs/people-vs-luis-suarez/ https://legacy.lawstreetmedia.com/blogs/people-vs-luis-suarez/#comments Mon, 30 Jun 2014 20:11:55 +0000 http://lawstreetmedia.wpengine.com/?p=18941

It’s all anyone watching the World Cup can talk about. Luis Suarez, star striker for Uruguay and Liverpool FC, bit someone again. FIFA dropped the hammer on him, banning him from nine international matches and four months of all soccer activity. This is being interpreted by the soccer world as a harsh punishment. Even the […]

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It’s all anyone watching the World Cup can talk about. Luis Suarez, star striker for Uruguay and Liverpool FC, bit someone again.

FIFA dropped the hammer on him, banning him from nine international matches and four months of all soccer activity. This is being interpreted by the soccer world as a harsh punishment. Even the guy he bit, Italian defender Girogio Chiellini, thinks it is excessive. However, for those of us who live in the real world, it feels like Suarez got off a little easy for basically assaulting somebody. That got me to thinking, how would Suarez fair in front of an American court if Chiellini decided to press charges against him?

First, we must figure out what crime Suarez committed. He obviously assaulted Chielini, but assault is a broad legal term. Which kind of assault did Suarez commit?

The Legal Information Institute defines assault as “intentionally putting another person in reasonable apprehension of an imminent harmful or offensive contact.” Suarez’s chomp definitely fits that description. There is no doubt that biting another person’s shoulder is offensive. I would certainly be offended if someone started trying to eat me.

The next question that needs to be asked is whether this was an aggravated assault or a simple assault. Aggravated assault needs to have an aggravating factor, “such as the intent to inflict serious bodily injury or the use of a dangerous weapon.” Suarez’s teeth are definitely not a dangerous weapon, and I don’t think any reasonable court would count these bite marks as “serious bodily injury.”

As you can see, Suarez barely broke the skin. It’s not like he went full Tyson on the guy and took off a part of his body.

Suarez’s bite would most likely fall under simple assault, an assault that lacks an aggravating factor. Since there was no weapon or fear of serious harm, Suarez’s assault would be classified as a misdemeanor in most states. This means he could receive a jail sentence from six months to a full year depending on the state in which the assault was committed.

Most judges would probably let him serve out his sentence on probation. This could include community service, educational programs, or house arrest.

But wait! This is not the first time Suarez has bitten someone on the field. He bit Ottman Bakkal while playing for Ajax in 2010.

He also bit Branislav Ivanovic while playing for Liverpool in 2013.

This makes Suarez a repeat offender, which would probably result in stricter punishment. For example, if the crime took place in Texas, a repeat offense would land Suarez with a fine of up to $2,000 and automatic jail time of up to 180 days.

Suarez could be in real trouble if his crime took place in California, which has a Three-Strikes law, which forces a mandatory sentence of 25 years to life for anyone who has committed three felonies, or two felonies and a misdemeanor. If Suarez were particularly unlucky and had two of his cases heard by judges who believed his bites were aggravated assaults, Suarez could land himself a serious prison sentence.

Of course, Suarez is a professional athlete, which means that he will never serve any jail time or legally binding punishment for what he has done. Instead, he just won’t be allowed to play with the other athletes for a little while. You know, like a time out.

Welcome to the world of sports. A place where you are legally allowed to do things like this:

And this:

And this:

So, the next time you decide to bite someone, elbow someone in the face, or just knock someone out, ask yourself this important question: am I paid millions of dollars to play a game? If the answer is no, you should probably refrain from any violent activity. If the answer is yes, go for it! What’s the worst that could happen?

Eric Essagof (@ericmessagof) is a student at The George Washington University majoring in Political Science. He writes about how decisions made in DC impact the rest of the country. He is a Twitter addict, hip-hop fan, and intramural sports referee in his spare time. Contact Eric at staff@LawStreetMedia.com.

Featured image courtesy of [George via Flickr]

Eric Essagof
Eric Essagof attended The George Washington University majoring in Political Science. He writes about how decisions made in DC impact the rest of the country. He is a Twitter addict, hip-hop fan, and intramural sports referee in his spare time. Contact Eric at staff@LawStreetMedia.com.

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