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Spring 2011 Issue 1 Sports and Entertainment Law Journal Sandra Day O'Connor College of Law Arizona State University P.O. Box 877906 Tempe, Arizona 85287 Sports and Entertainment Law Journal is supported by the Sandra Day O‘Connor College of Law at Arizona State University. The Sports and Entertainment Law Journal‘s mailing address is: Sports and Entertainment Law Journal, P.O. Box 877906, 1100 S. McAllister Ave., Tempe, AZ 85287. Sports and Entertainment Law Journal‘s email address is: [email protected]. Subscription: Sports and Entertainment Law Journal is currently an online journal. Editions are accessible through the URL: http://www.law.asu.edu/selj/. Copyright: © Copyright 2011 by Sports and Entertainment Law Journal. All rights reserved except as otherwise provided. Citation: Cite as: ARIZ. ST. SPORTS & ENT. L.J. Sports and Entertainment Law Journal thanks the following donors for their financial contributions: AMARA W. EDBLAD DAN SWOVELAND ASU College of Law Pure Fitness Class of 2011 JOHN SINODIS SAM RENAUT Jennings, Haug, and ASU College of Law Cunningham, LLP Class of 2011 CHAD PETERSON TAYLOR P. ALBERSTADT ASU College of Law NONA M. LEE Class of 2011 Arizona Diamondbacks SELINA BASCHIERA KENT MCWHERTER ASU College of Law Polar Ice Chandler Class of 2011 GEOFF BUDOFF STERLING TANNER US Airways Center Forever Young Foundation LEESA GIBBONS JOY R. BUTLER Four Points by Sheraton Law Office of Joy R. Butler Arizona Cardinals JOHN STANLEY Power Toyota Desert Botanical Garden WILLIAM J. MALEDON Harkins Theatres Osborn Maledon, P.A. Super Shuttle GRADUATE AND PROFESSIONAL STUDENT BODY ASSOCIATION Sandra Day O‘Connor College of Arizona State University Law, Arizona State University STUDENT BAR ASSOCIATION Sandra Day O‘Connor College of Law Arizona State University Sandra Day O’Connor College of Law Faculty 2010-2011 M. CROW, B.A., PH.D. President of the University ELIZABETH D. CAPALDI, B.A., PH.D. Executive Vice President and Provost of the University PAUL SCHIFF BERMAN, J.D. Dean and Foundation Professor of Law KENNETH W. ABBOTT, A.B., J.D. Willard H. Pedrick Distinguished Research Scholar, Professor of Law, Professor of Global Studies, and Faculty Fellow, Center for Law, Science & Innovation CARL ARTMAN, M.B.A., J.D., LL.M. Professor of Practice ANDREW ASKLAND, B.A., PH.D., J.D. Director and Faculty Fellow, Center for Law, Science & Innovation and Lecturer in Law CHRISTOPHER BAIER Assistant Dean of Institutional Operations and Lecturer JENNIFER BARNES, B.S., J.D. Director, Clinical Program, Director, Civil Justice Clinic, and Director, Externship Program ROBERT D. BARTELS, B.A., J.D. Charles M. Brewer Professor of Trial Advocacy PAUL BENDER, A.B., LL.B. Dean Emeritus and Professor of Law MICHAEL A. BERCH, B.A., J.D. Alan A. Matheson Distinguished Senior Professor of Law GARY L. BIRNBAUM, B.A., J.D. Associate Dean for Graduate Studies and Program Development DANIEL BODANSKY, A.B., M.PHIL., J.D. Lincoln Professor of Law, Ethics & Sustainability and Affiliate Faculty Member, Center for Law and Global Affairs SARAH BUEL, B.A., J.D. Clinical Professor and Director, Diane Halle Center for Family Justice CHARLES R. CALLEROS, B.A., J.D. Professor of Law SUSAN CHESLER, J.D. Associate Clinical Professor of Legal Writing ADAM CHODOROW, B.A., M.A., J.D., LL.M. Professor of Law and Faculty Fellow, Center for Law, Science & Innovation ROBERT CLINTON, B.A., J.D. Foundation Professor of Law, Affiliate Professor, American Indian Studies Program, and Faculty Fellow, Center for Law, Science & Innovation EVELYN H. CRUZ, B.A., J.D. Associate Clinical Professor and Director, Immigration Law and Policy Clinic SELWYN L. DALLYN, B.A., J.D. Clinical Professor of Law M. ROBERT DAUBER, B.A., J.D. Clinical Professor of Law LINDA J. DEMAINE, B.A., J.D., M.A., PH.D. Professor of Law, Affiliate Professor of Psychology, and Director, Law & Psychology Graduate Program LAURA A. DICKINSON, A.B., J.D. Foundation Professor of Law and Faculty Director, Center on Transnational Law and Regulatory Governance BETH DIFELICE, M.L.S., J.D. Assistant Director, Ross-Blakley Law Library and Lecturer IRA MARK ELLMAN, B.A., M.A., J.D. Willard H. Pedrick Distinguished Research Scholar, Professor of Law, and Faculty Fellow, Center for Law, Science & Innovation JOSEPH M. FELLER, B.A., M.A., J.D. Professor of Law and Faculty Fellow, Center for Law, Science & Innovation AARON FELLMETH, A.B., M.A., J.D. Professor of Law, Faculty Fellow, Center for Law, Science & Innovation, and Faculty Fellow, Center for Law and Global Affairs PATRICIA FERGUSON-BOHNEE, B.A., J.D. Associate Clinical Professor and Director, Indian Legal Clinic DALE BECK FURNISH, A.B., J.D., LL.M. Emeritus Professor of Law JOEL GARREAU Lincoln Professor of Law, Culture, and Values DAVID GARTNER, J.D., PH.D. Associate Professor KEVIN GOVER, A.B., J.D. Professor of Law and Affiliate Professor, American Indian Studies AMANDEEP GREWAL, J.D., LL.M. Visiting Assistant Professor of Law BETSY GREY, B.A., J.D. Professor of Law and Faculty Fellow, Center for Law, Science & Innovation SANDFORD M. GUERIN, B.S., J.D., LL.M. Emeritus Professor of Law TAMARA HERRERA, B.A., J.D. Clinical Professor of Law CARISSA BYRNE HESSICK, B.A., J.D. Associate Professor of Law F. ANDREW HESSICK, B.A., J.D. Associate Professor of Law ART HINSHAW, A.B., J.D., LL.M. Director of the Lodestar Dispute Resolution Program and Clinical Professor of Law JAMES G. HODGE, JR., B.S., J.D., LL.M. Professor of Law KIMBERLY HOLST, B.A., MLIS, J.D. Associate Clinical Professor DAVID KADER, B.A., J.D., LL.M. Professor of Law MARCY KARIN, B.A., J.D., LL.M. Associate Clinical Professor of Law and Director, Work/Life Unit, Civil Justice Clinic DENNIS S. KARJALA, B.S.E., M.S., PH.D., J.D. Jack E. Brown Chair, Professor of Law, and Faculty Fellow, Center for Law, Science & Innovation ORDE KITTRIE, B.A., J.D. Professor of Law and Faculty Fellow, Center for Law, Science & Innovation MARJORIE KORNHAUSER, B.A., M.ED., J.D. Professor of Law ZACHARY KRAMER, B.A., J.D. Associate Professor of Law AMY LANGENFELD, B.A., J.D. Associate Clinical Professor of Law GARY T. LOWENTHAL, A.B., J.D. Emeritus Professor of Law MYLES V. LYNK, A.B., J.D. Peter Kiewit Foundation Professor of Law and the Legal Profession and Faculty Fellow, Center for Law, Science & Innovation GARY E. MARCHANT, B.SC., PH.D., M.P.P., J.D. Lincoln Professor of Emerging Technologies, Law, & Ethics, Professor of Life Sciences, and Executive Director and Faculty Fellow, Center for Law, Science & Innovation ALAN A. MATHESON, B.A., M.S., J.S. Emeritus Professor of Law and Dean Emeritus KRISTIN MAYES, B.A., M.P.A. Professor of Practice and Faculty Director, Program on Law & Sustainability ERIC MENKHUS, B.S.E., M.B.A., J.D. Clinical Professor of Law, Faculty Fellow, Center for Law, Science & Innovation, and Director, Innovation Advancement Program JEFFRIE G. MURPHY, B.A., PH.D. Regents‟ Professor of Law, Philosophy, and Religious Studies CHAD NOREUIL, B.A., J.D. Clinical Professor of Law CATHERINE GAGE O‘GRADY, B.A., J.D. Associate Dean for Clinical Affairs and the Profession and Professor of Law SIGMUND D. POPKO, B.A., J.D. Clinical Professor of Law JONATHAN ROSE, B.A., LL.B. Willard H. Pedrick Distinguished Research Scholar, Professor of Law, and Faculty Fellow, Center for Law, Science & Innovation CORIE ROSEN, B.A., J.D. Permanent Instructor in Law and Director, Academic Support Program DANIEL ROTHENBERG, B.A., M.A., A.B.D. Professor of Practice and Executive Director, Center for Law & Global Affairs MICHAEL J. SAKS, B.S., B.A., PH.D., M.S.L. Regents‟ Professor of Law, Professor of Psychology, and Faculty Fellow, Center for Law, Science & Innovation GEORGE SCHATZKI, A.B., LL.B., LL.M. Emeritus Professor of Law MILTON R. SCHROEDER, B.A., J.D. Professor of Law MARY SIGLER, B.A., J.D., PH.D. Professor of Law CARRIE B. SPERLING, B.A., J.D. Associate Clinical Professor of Law ANN M. STANTON, B.A., PH.D., J.D. Professor of Law and Faculty Fellow, Center for Law, Science & Innovation JUDITH M. STINSON, B.S., J.D. Clinical Professor of Law and Director, Legal Method and Writing Program DOUGLAS SYLVESTER, B.A., J.D., LL.M. Associate Dean for Faculty Research and Development, Professor of Law, and Faculty Fellow, Center for Law, Science & Innovation VICTORIA K. TROTTA, B.A., J.D. Associate Dean of Information Innovation and Director, Ross-Blakley Law Library REBECCA TSOSIE, B.A., J.D. Willard H. Pedrick Distinguished Research Scholar, Executive Director, Indian Legal Program, and Professor of Law, Faculty Fellow, Center for Law, Science & Innovation, and Affiliate Professor of American Indian Studies JAMES WEINSTEIN, B.A., J.D. Amelia D. Lewis Professor of Constitutional Law, Faculty Fellow, Center for Law, Science & Innovation MICHAEL J. WHITE, B.A., M.A., PH.D. Professor of Law and Professor of Philosophy LAURENCE WINER, B.A., M.A., PH.D., J.D. Professor of Law and Faculty Fellow, Center for Law, Science & Innovation ROSELLE L. WISSLER, B.A., M.A., PH.D. Research Director, Lodestar Dispute Resolution Program and Faculty Fellow, Center for Law, Science & Innovation Board of Editors 2010-2011 Editor-in-Chief Sports Editor-in-Chief Entertainment Sam Renaut Amara W. Edblad Managing Editor Production Editor David A. Palanzo Johnny Sinodis Senior Articles Editors Megan D. Scott Molly A. Haas Taylor P. Alberstadt Eric W. Robinson Associate Editors Crystal E. L. Knysh Jason Steiner Alexander R. LaCroix Matthew J. Hamilton Emily S.
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