Media & Entertainment Law

Virginia Law Softball Tourny

Posted on April 08, 2009
The 26th Annual Virginia Law Softball Invitational tournament was held last weekend. The series of softball games, featuring both men?s and co-rec divisions, raised $20,000 for Children, Youth and Family Services, a Charlottesville-based nonprofit. Out of the 112 teams that participated in the tournament from 46 law schools across the country, Florida Coastal won the championship in the men's division and Appalachian School of Law won the co-rec division...

New Sports Law Scholarship

Posted on April 07, 2009
Recently published scholarship includes: Mark R. Bandsuch, The NBA Dress Code and other fashion faux pas under Title VII, 16 VILLANOVA SPORTS & ENTERTAINMENT LAW JOURNAL 1 (2009)Kimberli Gasparon, Comment, The dark horse of drug abuse: legal issues of administering performance-enhancing drugs to racehorses, 16 VILLANOVA SPORTS & ENTERTAINMENT LAW JOURNAL 199 (2009)Scott Hollander, Note, Super Bowl hero to bank account zero, 26 CARDOZO ARTS & ENTERTAINMENT LAW JOURNAL 899 (2009)Michael Huntowski, Casenote, Blades of steal? The fight for control of sports clubs? websites and media rights in Madison Square Garden, L...

Professor Alfred Yen on UConn Scandal

Posted on April 06, 2009
Boston College Law School Professor Alfred Yen has a terrific piece on Madisonian.Net concerning the alleged recruiting violations at UConn. Here's an excerpt.* * *Instead, Connecticut appears to have completely flouted important rules in a way suggesting that such behavior was routine...

Examining Josh Nochimson's Role in Alleged UConn Scandal

Posted on April 03, 2009
I wrote about the alleged UConn scandal involving Nate Miles last week, a scandal that has raised serious questions about UConn men's basketball coach Jim Calhoun's possible knowledge and involvement in recruiting violations.Today, Michael Rosenberg of the Free Press writes a provocative column and interviews Alan Milstein, who, in addition to writing excellent pieces for Sports Law Blog and speaking at great sports law panels, is representing Detroit Pistons star (and former UConn star) Rip Hamilton in his lawsuit against former UConn student manager-turned NBA agent Josh Nochimson...

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Donte Stallworth Facing DUI Manslaughter Charges and Uncertain NFL Future

Posted on April 02, 2009
I have a new column on SI.com on Donte Stallworth being charged with DUI manslaughter and what it might mean for his NFL career. Here's an excerpt of the column.* * *Stallworth, who will turn 29 in November, would likely struggle to resume an NFL career after serving several years in prison...

Fordham Sports Law Symposium

Posted on April 02, 2009
On April 17th, Fordham Law School is hosting its "13th Annual Symposium on Current Legal Issues in Sports." There will be three panels: (1) Pharmaceutical Liability and Sports, (2) Sports Journalism Ethics, and (3) Gambling in Sports. CLE credit is available...

Dallas Cowboys are America's Team for trademark purposes

Posted on April 02, 2009
Via, Colin Miller at EvidenceProf Blog, a federal district court in Texas has held that the Cowboys have trademark priority over the term "America's Team," as against a sports-apparel company called "America's Team Property."

Some of the Parts, But Not the Sum of the Parts

Posted on April 02, 2009
A Quick Look at the State of Boxing, Wrestling, and Martial Arts in New York State in the Absence of the Legalization of Mixed Martial Arts and Whether Mixed Martial Arts Fits in With These Disciplines Under Existing or Proposed LawBy Paul Stuart Haberman, Esq...

Michael Vick's Lawyer Tells Bankruptcy Court His Client Will Become a Construction Worker

Posted on April 02, 2009
News broke this afternoon that Michael Vick's attorney in bankruptcy proceedings explained to the court his client's plan to work as a $10/hour construction worker after his release from prison. Interestingly, just a few days ago, an attorney for a group of Vick's creditors, praising the jailed athlete's bankruptcy plan, stated:?We think it?s a good plan...

Will Plaxico Burress Avoid Prison and NFL suspension?

Posted on April 01, 2009
I have a new column on SI.com on the adjournment of the Plaxico Burress trial to June, with the expectation that he will reach a plea deal. Even if avoids prison, expect him to receive a suspension from the NFL. Here's an excerpt of the column.* * *The desire of some politicians to turn Burress into a poster-child for the law may also dissuade prosecutors from letting Burress avoid jail time...

Pro Leagues Adopt Cylon Detection for Athletes

Posted on April 01, 2009
Here again public pressure yields another pesky requirement in leagues' focus on obtaining legitimate scientific data to ensure a level playing field. Today, Major League Baseball and the National Football League announced that league negotiators have reached an agreeement with union representatives to begin subjecting professional athletes to rigorous Cylon detection during both the scheduled season and during respective off-seasons...

Vermont Law School?s Sports and Entertainment Law Society to host two panels at annual Solutions Conference

Posted on March 31, 2009
Vermont Law School will host its annual Solutions Conference on April 3rd and 4th. The Vermont Law School Sports and Entertainment Law Society along with the National Sports and Entertainment Law Society will host two panels: Alternative Legal Careers: Sports and the Law Date & Time: Friday, April 3rd, 2009 from 10:30-12pmPanelist:Ed Mattes, Jim Munsey, Andrew Weber, and Michael ZarrenModerator: Michael McCann Keynote Address: Topic TBA Date & Time: Friday, April 3rd, 2009 from 5:30-7:30pmSpeaker: Reggie Hudlin The Solutions Conference is FREE to Vermont Law School Faculty, Staff and Students...

Salary cap for soccer teams in Europe?

Posted on March 30, 2009
Nowadays the financial crisis also seems to be hitting the European sports sector. Sport clubs, associations and politicians come up with different proposals to solve the crisis or at least prevent clubs to fall into bankruptcy. One of the topics in the world of European soccer is the introduction of a salary cap which should improve the financial situation of the clubs...

NBA Age Limit Discussion at New York Law School

Posted on March 30, 2009
Last week I joined Alan Milstein, Marc Edelman, Paul Haberman and others on a sports law panel at New York Law School. Zach Lowe of the American Lawyer was there to cover it. Here's an excerpt from his piece, which highlighted discussion of the NBA's age limit:* * *NBA officials have hinted they want to raise the age limit to 20 when the current collective bargaining agreement expires in 2011...

Why the Florida Marlins now are state actors in their new stadium

Posted on March 28, 2009
The gory details of the stadium deal that my esteemed city, county, and state officials recently struck illustrate how my state-action arguments can work as to fan speech in publicly funded stadiums.If there is anything left to the "symbiotic relationship" test of Burton v...

An Unconstitutional Tax for Traitorous Ballplayers?

Posted on March 26, 2009
Via TaxProf blog, a New York lawyer has (humorously) proposed an AIG-bonus-type tax for Manny Ramirez: The Manny Ramirez Lightbulb: Also (2 Ideas in 1 Memo) Putting Pay in Perspective.

UConn Accused of Recruiting Violations for Nate Miles

Posted on March 26, 2009
Paul Doyle of the Hartford Courant interviewed me for a story concerning former UConn recruit Nate Miles and possible NCAA violations committed by the university, especially by former student-manager0turned agent Josh Nichomson (who himself may soon be sued for defrauding clients, including Richard Hamilton of the Pistons)...

Marlins New Stadium Deal = Worst in Taxpayer History?

Posted on March 26, 2009
On several occasions, I have written about how professional sports teams use monopoly power to demand stadium subsidies from their local governments.Yesterday, at Above the Law, I argued that the new stadium agreement just signed between Miami-Dade County and Florida Marlins owner Jeffrey Loria will prove to be the worst ever for taxpayers...

Indian Cricket League Moves Tournament to South Africa

Posted on March 26, 2009
On Tuesday, I was interviewed for the BBC World Radio Service program World Have Your Say, for the story, Is India Showing Weakness in the Face of Terrorism? (podcast of the hour-long program here). After an attack on Sri Lanka's cricket team in Pakistan earlier this month, India's government informed the year-old Indian Premier League that the government would be unable to provide security for its spring tournament due to competing security obligations in connection with upcoming national elections...

New Sports Law Scholarship

Posted on March 23, 2009
Recently published scholarship includes:Roger I. Abrams & Alan Levy, The trial of Rube Waddell, 19 SETON HALL JOURNAL OF SPORTS AND ENTERTAINMENT LAW 1 (2009)James Bamberg, Wrestling with a union: can anyone protect the 6?7?, 300-pound professional wrestler from the sports-entertainment industry?, 2 FLORIDA ENTERTAINMENT LAW REVIEW 1 (2008) Susannah Carr, Title IX: an opportunity to level the Olympic playing field, 19 SETON HALL JOURNAL OF SPORTS AND ENTERTAINMENT LAW 149 (2009)Anita L...

New York Law School Sports Law Panel this Wednesday

Posted on March 23, 2009
I'm honored to be speaking this Wednesday, March 25th, at New York Law School, on a sports panel. Here is info on the event:* * *The Media, Entertainment, and Sports Law Association at New York Law School will host a panel on sports law this Wednesday between 5:00 and 7:00 p...

Justice Jackson on Umpiring and Judging

Posted on March 21, 2009
This post was written by John Q. Barrett of St. John's and the Robert H. Jackson Center; it was sent to the Jackson List and was forwarded by my FIU colleague, Tom Baker. Jackson's comments are in line with arguments I have made against Chief Justice Roberts's views of the judge-umpire connection...

Catching Up with Links

Posted on March 21, 2009
I have two new columns on SI.com: Roger Clemens Facing Long Year in Court & Unsigned and Unwanted: Is Barry Bonds Building a Case for Collusion?University of Illinois Law Professor John Colombo, who probably knows more about the intersection between tax and sports law than anyone, has posted a free draft of his forthcoming law review article: The NCAA, Tax Exemption and College Athletics...

Shawn Hill Released by the Washington Nationals

Posted on March 19, 2009
Bill Ladson of MLB.com reported yesterday that the Nationals placed Shawn Hill ?on waivers Wednesday for the purpose of giving him his unconditional release.? Ladson also reported that Hill will receive one-sixth of the $775,000 that he was awarded last month by an arbitration panel...

Thoughts for the Big Dance: On Duke Hatred

Posted on March 19, 2009
Good piece from The New Republic on the venomous hatred of Duke basketball and Duke players and the way that hatred is explicitly and unabashedly expressed in homophobic terms.This really is part of the larger issue of race in college basketball (which the article touches on briefly) and the perception that white players are "soft" spot-up shooters, rather than "tough, strong athletes...

Topps Trading Cards Go Online

Posted on March 18, 2009
3 1/2 weeks ago, I participated in an ABA teleconference and explained why the Eighth Circuit's decision in the CBC case was incorrectly decided. At one point, I discussed how the development of new technologies does not, and should not, change the right of publicity/First Amendment analysis, e...

FSU College of Law Entertainment, Arts, and Sports Society 6th Annual Conference

Posted on March 18, 2009
I look forward to speaking at the Florida State University College of Law Entertainment, Arts, & Sports Law Society's (EASL) 6th Annual Conference this Saturday, March 21, 2009. The conference will commence at 11:00 a.m. in the Florida State College of Law Rotunda in Tallahassee...

Nova Southeastern University Symposium

Posted on March 12, 2009
On Saturday, March 28, the Sports & Entertainment Law Society at the NSU Shepard Broad Law Center (co-sponsored by the Florida Bar Entertainment, Arts and Sports Law Section) is hosting a symposium entitled, Adaptation: ?Staying ahead of legal issues arising in the new digital age?...

Breaking Down Helio Castroneves Tax Evasion Case

Posted on March 10, 2009
I have a new column on SI.com -- it is on the government's tax evasion case against Penske Racing's Helio Castroneves, who won the Indianapolis 500 in 2001 and 2002 and Dancing with the Stars in 2007 with dancer/country music singer Julianne Hough. Here is an excerpt:* * *The key for Castroneves, however, is whether the government can prove, beyond a reasonable doubt, that Castroneves had any material role in Seven Promotions...

Suffolk University Law School Sports Law Discussion This Wednesday

Posted on March 08, 2009
This Wednesday (March 11th), I'll be speaking at Suffolk University Law School in Boston as a guest of the law school's Sports and Entertainment Law Association.I'll be discussing property interests in statistics, age limits in the NBA and NFL, player conduct policies, and career opportunities in sports law...

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