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Sports Law

The Tulane Law School Sports Law program provides students with the background necessary to understand and handle problems unique to the sports industry.

This week features an extra dose of links due to the holiday break. Topics include: the NCAA convention, concussions, counterfeiting, pay for play, gambling, and franchise relocation. Next week we will return to the regularly scheduled programming.

Sports Broadcasting

NFL officially inks new deals with CBS, FOX, and NBC. NFL teams will now divvy up nearly $7 billion in media money starting in 2014. http://onforb.es/vhL27G 

The NFL will stream the Super Bowl online and to phones for the first time http://usat.ly/rWNuxP 

The FCC is reviewing the NFL's blackout policy.  http://nyti.ms/AmfXjB Here is the FCC's release: http://bit.ly/xCik1d. Alicia Jessop has a thorough analysis here: http://bit.ly/xzFxjr 

NCAA - Scholarship Stipends, Pay for Play, and the Annual Convention

Mark Emmert is determined to make changes and remains confident that a $2,000 stipend and four-year scholarships will eventually be implemented. http://es.pn/yJO6E1 

Back in October, following the presidential retreat, the NCAA announced a plan to allow schools to offer a $2,000 stipend to student-athletes.  That plan faced opposition in December and is now in trouble.  Ultimately, 161 of 355 Division I schools signed an override measure against the stipend, far more than the 75 needed for the NCAA board to reconsider the stipend.  http://usat.ly/sVCzOe.

However, this past weekend, the NCAA concluded its annual convention, and we learned more about the future of several proposed rule changes, including the stipend.

The $2,000 stipend is delayed, but not defeated. http://abcn.ws/ygFlgF 

Here's a look at how the top issues at the NCAA convention fared: http://trib.in/whv16Z and http://bit.ly/wEHbjQ 

And here's a summary of the issues that were expected to be addressed at the convention by Inside Higher Ed, written in advance of the meeting:  http://bit.ly/x0X0Ls 

Doug Lederman of Inside Higher Ed didn't think you should get your hopes up for changes anytime soon. http://bit.ly/zi0giA 

The 7th Circuit heard oral arguments in Agnew v NCAA (whether 1yr scholarship is antitrust violation) last week. You can listen here: http://1.usa.gov/ya1Iz9 

Todd O'Brien's Waiver Is Officially Denied

On Wednesday, the NCAA officially denied Todd O'Brien's waiver appeal: http://es.pn/ylX9iJ 

Todd O'Brien's op-ed explaining his side of the story, http://bit.ly/ukM0l9 

Tulane Law student, Darsh Patel wrote about the situation back in December at http://bit.ly/wpKOyA 

Now, Kansas and Coach Weis won't release backup freshman quarterback Brock Berglund. http://bit.ly/y4cLNG 

Transfer 101 by John Infante,  http://bit.ly/yTaVyQ 

BCS v. Playoff

The 11 Football Bowl Subdivision conference commissioners along with the Notre Dame athletic director sat down in New Orleans to discuss a change in the postseason format. http://bit.ly/wE6QUc 

Even NCAA President Mark Emmert supports a playoff format. http://bit.ly/AsfsGy 

Alicia Jessop takes a look at the chances for a plus-one format. http://bit.ly/xHBQdD 

Utah Attorney General, Mark Shurtleff, is planning to sue the BCS and believes the Boise State snub helps his cause. http://bit.ly/uGa70f 

ESPN profile of the lawyers behind the "Playoff PAC" aimed at taking down the BCS: http://es.pn/t5H88o 

The NY Times wants a playoff, and bowl games too:  http://bit.ly/zm1CQp 

Trademarks, Licensing, Merchandise and Counterfeiting

Texas A&M is considering sending a cease and desist letter to the Denver Broncos for infringing on the school's "12th Man" trademark. http://es.pn/wIJNeK They did the same with the Seattle Seahawks in 2006. http://bit.ly/wDBkc2 

The Sports Business Journal takes a look at the licensing boon that awaits BCS title winners. http://bit.ly/whBwGi 

Is LSU profiting from the Honey Badger nickname? http://onforb.es/zFv7s9 

Plans for an LSU-licensed beer are on hold. http://bit.ly/xFizxZ 

The Ravens and the NFL recently shut down hundreds of online counterfeiters. http://bsun.md/xZFA3f 

Kristi Dosh has an inside look at collegiate counterfeiting on her ESPN Sports Business Blog

Terrell Suggs is in a legal battle for ownership of "Ball So Hard University" http://bit.ly/yBI5UK 

Electronic Arts is now battling to use images of real-life helicopters in one of its video games. http://bit.ly/yEJTzn 

Other NCAA Issues
"Paying College Athletes Is a Terrible Idea" - Mark Emmert http://on.wsj.com/Ax4Tts (subscription required)

An NCAA working group on enforcement will recommend the adoption of an expanded, four-level violation structure for infractions. http://bit.ly/wv3iyk 

Does college athletics need a government intervention? http://buswk.co/taq9G4 

Back in December, the Chronicle of Higher Education posted several articles under the heading "What the Hell Has Happened to College Sports And What Should We Do About It?"

This was the NCAA's response: http://bit.ly/vDMl84 

Despite success on the field, big-spending Rutgers athletics is saddled with its largest deficit ever http://bit.ly/uJ3Keq 

Congressman Joe Barton announced the formation of the Congressional Collegiate Sports Caucus which will "examine pressing issues facing college sports." http://bit.ly/vi0VfO

The National Collegiate Players Association has persuaded California and Indiana lawmakers to introduce student-athlete bill of rights legislation. http://bit.ly/yyEXIS   An Ohio lawmaker is pushing for similar legislation. http://bit.ly/z0jRUl 

A new SEC rule on signings offers a safety net for victims of oversigning. http://bit.ly/ym4pNF 

New Orleans, Sports Mecca?

How sports helped New Orleans rebuild following hurricane Katrina:  http://es.pn/x15VRN 

New Orleans hosted 9 major sporting events in a two-week span, http://nyti.ms/xALJ0k resulting in an economic impact of over 400 million dollars. http://bit.ly/zblggH 

Lamar Odom recorded a 'victory' in his battle with the IRS:  http://bit.ly/zYL9Rk 


Over the past 6 months, the NFL was rocked with a flurry of concussion-related lawsuits. As of January 9, 2012, a total of 16 lawsuits have been filed against the NFL. http://bit.ly/w8ikmL 

Jamal Lewis and Dorsey Levens filed suit in Atlanta back in December. http://es.pn/sRkATn 

The NFL and NCAA are urging states to adopt concussion legislation http://usat.ly/whxyXB 

The Chris Paul Saga

Before CP3 became a Clipper he was very nearly a Laker and almost never a Clipper. Before the trade was proposed:

Professor Feldman gave his take on the CP3 saga http://es.pn/urR8Jo, and CP3 considered filing a lawsuit to force the trade. http://nydn.us/sA6Sfb 

Franchise Relocation

New York's governor is calling for millions of dollars in state funding to help keep the Buffalo Bills in western New York. http://es.pn/y709lN 

Could the Raiders be heading back to Los Angeles? http://read.bi/xFJEUY 

Minnesota appears committed to keeping the Vikings from leaving. http://es.pn/AigKsD 

West Virginia v Big East Lawsuit

On Dec. 27, 2011, a Rhode Island judge denied the Big East's request to dismiss the Big East's suit. http://es.pn/rV2Aaj 

This week the judge ordered the two sides to mediation. http://bit.ly/wiArOI 


A Maryland lawmaker is seeking to exempt fantasy football from state gambling laws,  http://wapo.st/A34uk7 

New Jersey Governor Chris Christie signed a bill into law legalizing sports betting in the state - but only after a federal ban on such gambling is overturned. http://bit.ly/wPOHFQ

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