Upcoming Events

Symposium on Dispute Resolution in Special Education

Thursday, February 27, 2014
2:00 – 5:00 PM | Barrister Club

Friday, February 28, 2014
8:00 AM – 4:00 PM | Ohio Union

 

107 – Sports and Entertainment

Amy Bitterman, Settling Cultural Property Disputes, 19 Vill. Sports & Ent. L.J. 1 (2012)
This article examines the various settlement possibilities for disputes over artwork and antiquities. In addition to discussing the possible settlement outcomes, the article details the preparations necessary for settlement, as well as the contents of the settlement agreements themselves.
{1} NEGOTIATION—GENERAL
{107} SUBJ MATTER: SPORTS & ENTERTAINMENT
{136} ECONOMIC ADVANTAGES OF ADR
 
Michael W. Carroll, Copyright’s Creative Hierarchy in the Performing Arts, 14 Vand. J. Ent. & Tech. L. 797 (2012).
This article argues that copyright law grant writers too many rights for creative control over their works and examines the negotiation process that occurs between writers and performers. The article continues by developing a way Congress might create a statutory license to level the playing field between writers and performers.
{1} NEGOTIATION—GENERAL
{107} SUBJ MATTER: SPORTS & ENTERTAINMENT
 
Kate Darling, Contracting About the Future: Copyright and New Media, 10 Nw. J. Tech. & Intell. Prop. 485 (2012).
The author discusses power imbalances and other disadvantages that exist in the relationship between authors and publishers in negotiating copyright licenses. Legislation may help to implement a balance in such relationships.
{1} NEGOTIATION—GENERAL
{107} SUBJ MATTER:SPORTS & ENTERTAINMENT
{144} LEGISLATION
 
Chris Deubert, Glenn M. Wong & John Howe, All Four Quarters: A Retrospective and Analysis of the 2011 Collective Bargaining Process and Agreement in the National Football League, 19 UCLA Ent. L. Rev. 1 (2012).
This article details the history of labor negotiations in the National Football League, examines the most recent labor disputes and subsequent legal actions, and ends with a detailed analysis of the 2011 NFL lockout that occurred following a dispute over the collective bargaining agreement.
{1} NEGOTIATION—GENERAL
{107} SUBJ MATTER: SPORTS & ENTERTAINMENT
 
Ben Einbinder, What FINRA Can Learn from Major League Baseball, 12 Pepp. Disp. Resol. L.J. 333 (2012).
For nearly forty years, MLB has used final-offer arbitration to resolve salary disputes between players and clubs in an efficient and cost effective manner. While the current FINRA arbitration procedure has been a viable alternative to the traditional litigation process, parties would likely benefit if final-offer arbitration was required to determine the award amount. Implementing final-offer arbitration will lead to shorter arbitrations, more settlements, and lower costs, while ensuring justice for those involved.
{44} ARBITRATION—GENERAL
{107} SUBJ MATTER: SPORTS & ENTERTAINMENT
 
Gabriel Feldman, Antitrust Versus Labor Law in Professional Sports: Balancing the Scales After Brady v. NFL and Anthony v. NBA, 45 U.C. Davis L. Rev. 1221 (2012).
This article analyzes two cases, Brady v. NFL and Anthony v. NBA, that addressed the issue of collective bargaining agreements in professional sports.  The article argues that professional sports associations should not attack the rule of reason in the Sherman Antitrust Act in part because courts have consistently held in favor of the rule in a professional sports context and advocates for a new model of streamlining the rule of reason.
{1} NEGOTIATION—GENERAL
{107} SUBJMATTER: SPORTS & ENTERTAINMENT
 
Christopher Immormino, Note, I’m Gonna Knock You Out: Why Physical Force is a Legitimate Form of Dispute Resolution, 27 Ohio St. J. on Disp. Resol. 207 (2012).
This note examines historical examples of physical force being used to resolve disputes, society’s acceptance of a certain level of violence today, the use of jiu-jitsu as a form of dispute resolution similar to arbitration. The author applies common arbitration rules to jiu-jitsu to making the case that a safe, acceptable form of violent competition can be used to settle a dispute as long as basic fairness tenets are met during the negotiation and execution of the agreement.
{44} ARBITRATION—GENERAL
{107} SUBJ MATTER: SPORTS & ENTERTAINMENT
{125} COMPARISONS: HISTORICAL
 
Jordan I. Kobritz, Jeffrey F. Levine, & Steven C. Palmer, Don Fehr Trades his Ball for a Puck: Will he Continue to Score?, 19 Vill. Sports & Ent. L.J. 521 (2012)
This article examines the various issues that new National Hockey League Players’ Association head Donald Fehr will have to negotiate with the NHL for the next collective bargaining agreement. These issues include revenue sharing, escrow payments, international player participation, the salary cap, roster sizes and guaranteed contracts, unrestricted free agency, player safety, division realignment, long-term, front-loaded contracts, Fehr’s successor, and negotiating strategy.
{1} NEGOTIATION—GENERAL
{95} SUBJ MATTER: LABOR—MANAGEMENT (UNION)
{107} SUBJ MATTER: SPORTS & ENTERTAINMENT

Lauren A. Newell, Happiness at the House of Mouse: How Disney Negotiates to Create the “Happiest Place on Earth,” 12 Pepp. Disp. Resol. L.J. 415 (2012).
Disney’s success in meeting its counterparties’ Core Concerns differs markedly in its negotiations with guests and with cast members. Its adherence to its negotiation process is a large reason for the success of the corporation.
{1} NEGOTIATION—GENERAL
{107} SUBJ MATTER: SPORTS & ENTERTAINMENT

Erick V. Posser, Brady v. NFL: How the Eighth Circuit “Saved” the 2011 NFL Season by Supporting Negotiation, not Litigation, 19 Vill. Sports & Ent. L.J. 603 (2012)
This article argues the Eighth Circuit’s decision in Brady v. NFL saved the 2011 NFL season by supporting negotiation. The article provides an overview of the relationship between the NFL and the NFL Players Association, the events leading up to the case, the court’s reasoning in the decision, the strengths and weaknesses of that decision, and the impact the case will have on future labor disputes in professional sports.
{1} NEGOTIATION—GENERAL
{93} SUBJ MATTER: LABOR—GENERAL
{107} SUBJ MATTER: SPORTS & ENTERTAINMENT

Jennifer W. Reynolds, Games, Dystopia, and ADR, 27 Ohio St. J. on Disp. Resol. 477 (2012).
This article examines the ways in which alternative processes respond to legal deficiencies, imagines different approaches to dispute resolution, and manages the ideological and practical challenges of effectuating positive social change. It argues that understanding how ADR navigates between utopian and dystopian visions of sociopolitical life illuminates certain cultural assumptions around the possibilities and limits of dispute resolution.
{60} ADR—GENREAL
{73}: SUBJ. MATTER: GENERAL
{107}: SUBJ. MATTER: SPORTS & ENTERTAINMENT
 
Elliot Patterson 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 Law. J. 145 (2012)
This article discusses collective bargaining in the NHL and the representatives athletes rely on to bridge the gap in sophisticated professional sports. The article examines the motivations for crafting the NHL’s collective bargaining agreement and  the roles of agents as negotiating fiduciaries for players. The author suggests ways the NHL may modify the next collective bargaining agreement to uphold the concurrent goals of various players in the negotiation process.
{1} NEGOTIATION—GENERAL
{107} SUBJ MATTER: SPORTS & ENTERTAINMENT
{146} ORGANIZATION POLICIES & RULES

Michael N. Widener, The Five-Tool Mediator: Game Theory, Baseball Practices, and Southpaw Scouting, 12 Pepp. Disp. Resol. L.J. 97 (2012).
This article urges mediators to relentlessly explore intentions and purpose within the controversy and a range of satisfactory outcomes from the perspective of each party. The objective is not a “win,” but  to understand that there is a problem to be solved, at the lowest possible cost, and in the most expeditious manner feasible. Adopting these attitudes will set the facilitator on the path to becoming a “Five-Tool Mediator.”
{21} MEDIATION—GENERAL
{107} SUBJ MATTER: SPORTS & ENTERTAINMEN