New Sports Law Scholarship--Pt. 3

Recently published scholarship includes:

Joe Meyer, Paying to play (somewhere else): an examination of the enforceability of athletic conferences’ liquidated damages provisions, 20 JEFFREY S. MOORAD SPORTS LAW JOURNAL 107 (2013)

Mary G. Miller, Comment, The NCAA and the student-athlete: reform is on the horizon, 46 UNIVERSITY RICHMOND LAW REVIEW 1141 (2012)

Neil Millhiser and Rodney K. Smith, The BCS and big-time intercollegiate football receive an “F”: reforming a failed system, 2 WAKE FOREST JOURNAL OF LAW & POLICY 45 (2012)

Matthew Mills, Comment, There is no need to reinvent the wheel: the tools to prevent agent-related NCAA violations may already be in our hands, 22 SETON HALL JOURNAL OF SPORTS & ENTERTAINMENT LAW 345 (2012)

Samuel Morris, Comment, FIFA World Cup 2022: why the United States cannot successfully challenge FIFA awarding the Cup to Qatar and how the Qatar controversy shows FIFA needs large-scale changes, 42 CALIFORNIA WESTERN INTERNATIONAL LAW JOURNAL 541 (2012)

Jack Newhouse, Book Note, Behind the curtain of baseball’s labor relations: William Gould’s Bargaining with Baseball, 22 SETON HALL JOURNAL OF SPORTS & ENTERTAINMENT LAW 381 (2012)

Michelle Newman, Note, Foul territory: identifying media restrictions in high school athletics outside the bounds of First Amendment values, 14 TEXAS REVIEW OF ENTERTAINMENT & SPORTS LAW 59 (2012)

Steven Pahushkin, Comment, Heads up! Recent federal and state attempts to address nonresident income taxation perpetuate selective enforcement and unfairness of the “jock tax”, 64 TAX LAWYER 961 (2011)

Darsh U. Patel, Wisconsin Interscholastic Athletic Ass’n v. Gannett Co.—a dollar and a stream: exclusive broadcasting license does not violate the First Amendment, 19 SPORTS LAWYERS JOURNAL 363 (2012)

Cynthia Lee A. Pemberton, More of the same — enough already!, 22 MARQUETTE SPORTS LAW REVIEW 597 (2012)

Henry H. Perritt, Jr., Competitive entertainment: implications of the NFL lockout litigation for sports, theatre, music, and video entertainment, 35 HASTINGS COMMUNICATION & ENTERTAINMENT LAW JOURNAL 93 (2012)

Catherine F. Pieronek, The 2010 “dear colleague” letter on Title IX compliance for college athletic programs: pointing the way to proportionality...again, 38 JOURNAL OF COLLEGE AND UNIVERSITY LAW 277 (2012)

John W. Polonis, Comment, Stealing home in Hollywood: why the takeover of the Los Angeles Dodgers illustrates the unjust nature of Major League Baseball’s antitrust exemption, 19 VILLANOVA SPORTS & ENTERTAINMENT LAW JOURNAL 785 (2012)

Brian L. Porto, You’ll never work (or play) here again: a lingering question in Title IX retaliation claims brought by coaches and athletes after Jackson v. Birmingham Board of Education, 22 MARQUETTE SPORTS LAW REVIEW 553 (2012)

Erick V. Posser, Case Note, Brady v. NFL: how the Eighth Circuit “saved” the 2011 NFL season by supporting negotiation, not litigation, 19 VILLANOVA SPORTS & ENTERTAINMENT LAW JOURNAL 603 (2012)

Josephine R. Potuto, NCAA as state actor controversy: much ado about nothing, 23 MARQUETTE SPORTS LAW REVIEW 1 (2012)

Josephine R. Potuto, They take classes, don’t they?: structuring a college football post season, 7 JOURNAL OF BUSINESS AND TECHNOLOGY LAW 311 (2012)

Geoffrey C. Rapp, Field of broken dreams: the quest for rule-of-law in sports litigation, Reviewing Roger I. Abrams, Sports Justice: The Law & Business of Sports, 13 TEXAS REVIEW OF ENTERTAINMENT & SPORTS LAW 103 (2012)

Sean Rassel, The necessity for national federations to stand up for themselves, 20 MICHIGAN STATE INTERNATIONAL LAW REVIEW 797 (2012)

Louise Reilly, An introduction to the Court of Arbitration for Sport (CAS) & the role of national courts in international sports disputes, 2012 JOURNAL OF DISPUTE RESOLUTION LAW 63 (2012)

Alison Renfrew, Comment, The building blocks of reform: strengthening Office of Civil Rights to achieve Title IX’s objectives, 117 PENN STATE LAW REVIEW 563 (2012)

Ryan Reszel, Comment, Guilty until proven innocent, and then, still guilty: what the World Anti-Doping Agency can learn from the National Football League about first-time anti-doping violations, 29 WISCONSIN INTERNATIONAL LAW JOURNAL 807 (2012)

David L. Ricci, The worst form of championship, except for all of the others that have been tried: analyzing the potential anti-trust vulnerability of the Bowl Championship Series, 19 VILLANOVA SPORTS & ENTERTAINMENT LAW JOURNAL 541 (2012)

Robert D. Richards, When “ripped from the headlines” means “see you in court”: libel by fiction and the tort-law twist on a controversial defamation concept, 13 TEXAS REVIEW OF ENTERTAINMENT & SPORTS LAW 117 (2012)

Michel J. Rockwell, Unnecessary roughness: the single entity defense and the Supreme Court’s misguided encroachment on the NFL’s consumer brand in ... American Needle, Inc. v. Nat’l Football League, 5 PHOENIX LAW REVIEW645 (2012)

Brian C. Root, Note, How the promises of riches in collegiate athletics lead to the compromised long-term health of student-athletes: why and how the NCAA should protect its student-athletes’ health, 19 HEALTH MATRIX 279 (2009)

Bobbi N. Roquemore, Comment, Creating a level playing field: the case for bringing workers’ compensation for professional athletes into a single federal system by extending the Longshore Act, 57 LOYOYLA LAW REVIEW 793 (2011)

Jason P. Rudderman, Major violations for the NCAA: how the NCAA can apply the Dodd-Frank Act to reform its own corporate governance scheme, 23 MARQUETTE SPORTS LAW REVIEW 103 (2012)

Ronald J. Rychlak, Gambling with the Bronx Bombers: betting on, against, and with the Yankees, 3 UNLV GAMING LAW JOURNAL 165 (2012)

Elliot P. Saccucci, Revisiting the NHL collective bargaining agreement: undermining the spirit of the cap, implications to the agent, and prospective remedies for the League’s consideration, 19 SPORTS LAWYERS JOURNAL 145 (2012)

Alexander M. Sanders & Katie Monoc, How baseball united America after the Civil War, 7 CHARLESTON LAW REVIEW 305 (2012-2013)

Robert T. Sharkey, Case Note, Pecover v. Electronic Arts, Inc.: should exclusive licensing agreements made by Madden NFL’s publisher be sacked by the Sherman and Cartwright Acts?, 20 JEFFREY S. MOORAD SPORTS LAW JOURNAL 167 (2013)

Noam Silverman, Regulation of sports agents and college football: perception or reality?, 7 FIU LAW REVIEW 187 (2011)

Christopher Smith, Comment, A necessary game changer: resolving the legal quagmire surrounding expiration of the nonstatutory labor exemption in sports, 14 UNIVERSITY OF PENNSYLVANIA JOURNAL OF BUSINESS LAW 1191 (2012)

Garrett E. Smith, Reckless golf: is “fore” the standard?, 14 T.M. COOLEY JOURNAL OF PRACTICAL & CLINICAL LAW 103 (2012)

Aaron A. Spacone, Comment, Let them train: why the Eighth Circuit’s decision to stay the injunction of the 2011 NFL lockout was incorrect, 45 CONNECTICUT LAW REVIEW 1017 (2013)

Avraham J. Sommer, The national pastime of the American judiciary: reexamining the strength of Major League Baseball’s antitrust exemption following the passage of the Curt Flood Act and the Supreme Court’s ruling in American Needle, Inc. v. NFL, 19 SPORTS LAWYERS JOURNAL 325 (2012)

Ellen J. Staurowsky, “A radical proposal”: Title IX has no role in college sport pay-for-play discussions, 22 MARQUETTE SPORTS LAW REVIEW 575 (2012)

Jeff Stone, A hidden toxicity in the term “student athlete”: stereotype threat for athletes in the college classroom, 2 WAKE FOREST JOURNAL OF LAW & POLICY 179 (2012)

Marissa D. Sunio, Comment, Saving face: protecting the rights of student-athletes and the idea of amateurism, 33 WHITTIER LAW REVIEW 431 (2012)

Zachary Swartz, Note, If it’s broken, let them fix it: why the Gebser pre-litigation notice requirement should apply to Title IX athletics lawsuits, 61 CATHOLIC UNIVERSITY LAW REVIEW 1207 (2012)

Steven J. Swenson, Unsportsmanlike conduct: the duty placed on stadium owners to protect against fan violence, 23 MARQUETTE SPORTS LAW REVIEW 135 (2012)

Ahmed E. Taha, Are college athletes economically exploited?, 2 WAKE FOREST JOURNAL OF LAW & POLICY 69 (2012)

Lance Taubin, Note, Welcome to the real 2011 NBA lockout: where owner-friendly tax provisions and non-monetized benefits color the lockout landscape, 11 CARDOZO PUBLIC LAW POLICY & ETHICS JOURNAL 139 (2012)

Christopher L. Tazzi, Note, To tax or not to tax, that is the question: searching for a solution to the increasing commercialization of intercollegiate athletics, 38 JOURNAL OF COLLEGE AND UNIVERSITY LAW 381 (2012)

Joe Trevino, From Tweets to twibel: why the current defamation law does not provide for Jay Cutler’s feelings, 19 SPORTS LAWYERS JOURNAL 49 (2012)

Lauren T. Warbington, Note, Crossing the line: the Collegiate Licensing Company’s overindulgent attempt to limit small businesses’ online marketing techniques based on frivolous claims of trademark infringement, 19 JOURNAL OF INTELLECTUAL PROPERTY LAW 517 (2012)

Andrew J. Weissler, Unasked questions: applying Title IX’s effective accommodation mandate to interscholastic athletics, 19 SPORTS LAWYERS JOURNAL 71 (2012)

John T. Wendt, Toward harmonization: British Olympic Ass’n v. World Anti-Doping Agency, 23 MARQUETTE SPORTS LAW REVIEW 155 (2012)

Jarryd Werts, Note, Ringing the bell on concussions: the rise of head injuries and cognitive decline in football players, and the NFL’s obligation to improve safety measures, 11 CARDOZO PUBLIC LAW POLICY & ETHICS JOURNAL 173 (2012)

David K. Wiggins, “Strange mix of entitlement and exploitation”: the African American experience in predominately white college sport, 2 WAKE FOREST JOURNAL OF LAW & POLICY 95 (2012)

Britton R. Wight, College football’s BCS (bowl charity system?): an analysis of the characterization of BCS bowls as public charities that receive tax-exempt status, 19 SPORTS LAWYERS JOURNAL 129 (2012)

Antonio S. Williams & Crystal T. Williams, Hitting calories out of the ballpark: an examination of the FDA’s new menu labeling laws and their impact on sports spectatorship, 25 LOYOLA CONSUMER LAW REVIEW 248 (2013)

Jennifer A. Wood, Note, A dirty game: trusting the National Hockey League to play judge, jury, and executioner, 13 TEXAS REVIEW OF ENTERTAINMENT & SPORTS LAW 179 (2012)

Julie G. Yap, Pay or play?: why requiring notice and an opportunity to cure in claims for money damages best serves the compliance goals of Title IX, 22 MARQUETTE SPORTS LAW REVIEW 517 (2012)

HT to my summer research assistant, Alex Savickas, for helping me get caught up.