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Journal of Sports and Entertainment Law
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The NIL Era Has Arrived: What the Coming of July 1 Means for the NCAA
From September 2019—when California became the first state to pass a name, image, and likeness (NIL) law—until now, the intercollegiate athletic community has fielded a deluge of new enacted and proposed regulations from states, Congress, the NCAA, and now individual...
NCAA v. Alston at the Supreme Court
March 31, 2021 marked an important moment in the history of college sports. The Supreme Court heard oral argument in a case involving the NCAA for the first time in nearly 40 years. This article provides a comprehensive summary of that argument. What is Alston and how...
NBA. NFL. NFT? How Nonfungible Tokens are Making an Impact in Arts, Entertainment, and Sports
This post is one article in a two-part series on NFTs. Read along to learn more about how NFTs work and where they’re leaving a mark in the arts, entertainment, and sports industries. Then, read our next installment, which covers in more depth the legal implications...
The Sustainability Rebrand
The equivalent of one garbage truck full of clothes is burned or dumped in a landfill every second. The fashion industry is dominated by the glorified notion of conspicuous consumption: just watch as Burberry burns millions of dollars’ worth of merchandise rather than...
Another Media Merger, the Same Story: What the CBS-Viacom Merger Tells Us About the Entertainment Industry
In 1999, the impending merger between Viacom and CBS was a major topic of discussion in the media world. Two decades later, the same exact conversation has once again resurfaced. In December of 2019, CBS and Viacom once again began the process of merging following...
Whose Song is it Anyway? Professional Sports and the DMCA
The Digital Millennium Copyright Act (DMCA) provides protection for copyright holders to quickly allow for the removal of their material from the Internet if it is used illegally. It has a major presence in much of our entertainment world, particularly in the...
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Commentaries
Exploring the NCAA’s Antitrust Arguments Ahead of Oral Argument in NCAA v. Alston
Cert Granted in Alston: Revisiting Board of Regents and the Uniqueness of Antitrust Law’s Applicability to Sports in Light of the NCAA’s Cert Petition As Congress debates federal legislation on the subject of publicity rights for student-athletes, the NCAA...
read moreRegulating the Blanket License: A Path Towards Terminating the ASCAP/BMI Consent Decrees
Regulating the Blanket License: A Path Towards Terminating the ASCAP/BMI Consent Decrees By Dallin Earl Dallin Earl is a 2020 graduate of Harvard Law School and former president of the Recording Artists Project at HLS. The introduction to Regulating the Blanket...
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