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Spring 2009 Issue of the University of Denver Sports and Entertainment
UNIVERSITY OF DENVER SPORTS AND ENTERTAINMENT LAW JOURNAL VOLUME 6 Spring 2009 CONTENTS LETTER FROM THE EDITOR …………………………………………………………………………………………………..2 ARTICLES MAJOR LEAGUE BASEBALL AND THE ANTITRUST RULE: WHERE ARE WE NOW? ………………………..3 Harvey Gilmore GREAT EXPECTATIONS: CONTENT REGULATION IN FILM, RADIO, AND TELEVISION…………………….31 Alexandra Gil “FROM RUSSIA” WITHOUT LOVE: CAN THE SHCHUKIN HEIRS RECOVER THEIR ANCESTOR’S ART COLLECTION?………………………………………………..…………………………………...65 Jane Graham OPPORTUNISM, UNCERTAINTY AND RELATIONAL CONTRACTING – ANTITRUST IN THE FILM INDUSTRY………………………………………………………………………………………107 Ryan M. Riegg SHOULD THE GOVERNMENT FLEX ITS MUSCLES AND REGULATE STEROIDS N BASEBALL? WEAKNESSES IN THE PUBLIC HEALTH ARGUMENT......………………………………………………………………151 Connor Williams SOUTH BY SOUTHWEST 2009 CLE CONFERENCE – WHERE TRENDY ENTERTAINMENT MEETS TRENDS IN ENTERTAINMENT LAW……………………...…………………………………………………..…186 Paul Tigan 1 LETTER FROM THE EDITOR Dear Reader, Welcome to the Spring 2009 issue of the University of Denver Sports and Entertainment Law Journal. With this issue, we are excited to bring you insightful analysis and commentary focusing on a variety of legal topics within sports and entertainment law. Our goal is to provide compelling legal commentary on these industries, and with the hard work of our authors and editing staff, we are delighted to publish 6 articles presenting a variety of issues and perspectives. Anti-trust issues in Major League Baseball, government regulation of media content, and performance enhancing drugs in professional sports are among the topics our authors address in this edition of the Sports and Entertainment Law Journal. Additionally, a fellow law student from the University of Denver has written a review of the 2009 South-by-Southwest music and film conference. The students, professors, and practitioners of law that produce this commentary offer a valuable resource to our legal community. -
Effects of Performance Enhancing Drugs on the Health of Athletes and Athletic Competition
S. HRG. 106–1074 EFFECTS OF PERFORMANCE ENHANCING DRUGS ON THE HEALTH OF ATHLETES AND ATHLETIC COMPETITION HEARING BEFORE THE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION UNITED STATES SENATE ONE HUNDRED SIXTH CONGRESS FIRST SESSION OCTOBER 20, 1999 Printed for the use of the Committee on Commerce, Science, and Transportation ( U.S. GOVERNMENT PRINTING OFFICE 75–594 PDF WASHINGTON : 2002 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001 VerDate 11-MAY-2000 10:45 Jun 07, 2002 Jkt 075594 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 75594.TXT SCOM1 PsN: SCOM1 SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION ONE HUNDRED SIXTH CONGRESS FIRST SESSION JOHN MCCAIN, Arizona, Chairman TED STEVENS, Alaska ERNEST F. HOLLINGS, South Carolina CONRAD BURNS, Montana DANIEL K. INOUYE, Hawaii SLADE GORTON, Washington JOHN D. ROCKEFELLER IV, West Virginia TRENT LOTT, Mississippi JOHN F. KERRY, Massachusetts KAY BAILEY HUTCHISON, Texas JOHN B. BREAUX, Louisiana OLYMPIA J. SNOWE, Maine RICHARD H. BRYAN, Nevada JOHN ASHCROFT, Missouri BYRON L. DORGAN, North Dakota BILL FRIST, Tennessee RON WYDEN, Oregon SPENCER ABRAHAM, Michigan MAX CLELAND, Georgia SAM BROWNBACK, Kansas MARK BUSE, Staff Director MARTHA P. ALLBRIGHT, General Counsel IVAN A. SCHLAGER, Democratic Chief Counsel and Staff Director KEVIN D. KAYES, Democratic General Counsel (II) VerDate 11-MAY-2000 10:45 Jun 07, 2002 Jkt 075594 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 75594.TXT SCOM1 PsN: SCOM1 C O N T E N T S Page Hearing held October 20, 1999 .............................................................................. -
Performance-Enhancing Drugs in Sports: How Chemists Catch Users
In the Classroom Performance-Enhancing Drugs in Sports: How Chemists Catch Users T. C. Werner* Chemistry Department, Union College, Schenectady, New York 12308, United States *[email protected] Caroline K. Hatton Sports Anti-Doping Science Consultant, P.O. Box 4795, Culver City, California 90231-4795, United States What do the following prominent athletes have in com- Olympic Analytical Laboratory and Anti-Doping Research, Inc. mon: Floyd Landis, Mark McGwire, Marion Jones, Ben Johnson, A description of the course can be found on the Web (3). and Lyle Alzado? All have been suspected of using performance- enhancing drugs (PEDs) in recent decades and have eventually Stimulants confessed. Over this period, major doping investigations have included the BALCO (Bay Area Laboratory Co-Operative) case, Athletes have used stimulants, such as caffeine, strychnine, which involved doping in various sports instigated by a company and cocaine since the 19th century (4). The 2010 WADA list in the San Francisco area, and the Mitchell Report, which prohibits all stimulants in competition and names about describes PED use (particularly steroids) in Major League Base- 60 examples. The most notorious is amphetamine (Figure 1), ball (MLB). Moreover, the Tour de France has been wracked by which stimulates the central nervous system by releasing doping allegations for decades, causing teams to lose sponsors neurotransmitters, such as dopamine, into the synapse between recently and struggle to maintain fan support, even in cycling- neurons. As a result, amphetamine combats fatigue (5).Stimu- crazy Europe. All of the sports headlines generated by these lantabuseputsathletesatriskforheartrhythmanomaliesand incidents have a chemical “back story” that is rich in relevant for injury to themselves and their competitors, among other examples for undergraduate chemistry and biochemistry courses, things. -
The Timeless Beneficial Bloom Herb Profile Hawthorn Crataegus Monogyna, C
HerbalGram 96 • November 2012 - January 2013 HerbalGram 96 • November 2012 - January 2013 Largest Echinacea Trial • Bilberry Adulteration • Sports and Supplements Federal Cannabis Crackdown • Bacopa and Memory • Butterbur and Migraine The Journal of the American Botanical Council Number 96 | November 2012 - January 2013 Turkish RoseTurkish • Trial Largest • Echinacea Bilberry Adulteration • Sports and Supplements • Cannabis Crackdown Federal • Bacopa and Memory • Butterbur and Migraine US/CAN $6.95 www.herbalgram.org Rose www.herbalgram.org The Timeless Beneficial Bloom Herb Profile Hawthorn Crataegus monogyna, C. laevigata Family: Rosaceae INTRODUCTION HISTORY AND CULTURAL SIGNIFICANCE Hawthorn is a large shrub or small tree (15-30 feet on The generic name, Crataegus, comes from the Greek kratos, average) in the genus Crataegus, native to temperate North meaning hard or strong, referring to the plant’s wood.13,14 America, Europe, and East Asia.1 The plants are indetermi- The common name refers to the plant’s thorns and fruit, nately thorny, with variable shape, and have perfect, radially known as haws, and may also refer to its use to form hedges, symmetrical, 5-petaled white to pink flowers (red in some which were called haws in earlier times.13 Other common M I S S I O N D R I V E N : cultivars) in corymbs (flat-topped clusters).2,3 The red fruit names for C. laevigata include English hawthorn, white are drupes (one-seeded and fleshy) but are commonly called thorn, May tree (referring to when it blooms), and two- berries in the trade. The genus Crataegus comprises approxi- style hawthorn; and English hawthorn, one-seed hawthorn, mately 250-280 species, the most commonly used in West- and one-style hawthorn for C. -
Note Balancing the Justices in Anti
Note Balancing the Justices in Anti-Doping Law: The Need to Ensure Fair Athletic Competition Through Effective Anti-Doping Programs vs. the Protection of Rights of Accused Athletes Ryan Connolly∗ Introduction................................................................................................... 42 I. Structure of the Current International System .......................................... 43 A. Court of Arbitration for Sport........................................................... 43 B. U.S. Anti-Doping Agency ................................................................ 45 II. Unique Issues Contributing to Anti-Doping’s Jurisprudential Community ............................................................................................ 46 A. Scientific Limitations........................................................................ 46 B. Pharmaceutical Innovations.............................................................. 49 C. Dietary Supplements......................................................................... 50 D. Designer Steroids.............................................................................. 52 E. Effect on Anti-Doping Law.............................................................. 54 III. Anti-Doping Jurisprudence ..................................................................... 54 A. Procedural Issues.............................................................................. 54 ∗ The author of this essay has been the Business Manager and Consultant for the UCLA Olympic Analytical -
Leveling the Playing Field
By Nancy Sokoler Steiner '85 Available legally by prescription for medical conditions that involve low levels of testosterone production, anabolic steroids have found favor '"WfNG FIELD among athletes who want a boost to build mus cle mass and strength. However, they can cause A UCLA laboratory takes on the serious physical and psychological problems, latest designer steroids and are banned by the IOC, NCAA and NFL. Nevertheless, some athletes willingly risk sanc tions and their health for the chance to break a world record or win a medal. Don Catlin is in a race. Part marathon, part sprint, "The Olympic Analytical Laboratory is the Shortly after the 2002 Winter Olympics in the contest pits the 65-year-old Catlin against only lab that we use for NCAA work — it's the Salt Lake City, Catlin's lab encountered an world-class Olympians, champion cyclists and best sports drug-testing laboratory in the unusual urine sample that contained a previ professional football players. The endeavor United States," says Frank Uryasz, founder and ously unknown steroid. They traced it to a pow requires endurance, persistence and discipline. president of the National Center for Drug Free erful substance that had been under clinical trial Catlin isn't out to break records or earn Sport, Inc., which administers the NCAA's drug- by a drug company decades earlier. The compa medals. Rather, the Department of Molecular & testing program. "When it comes to deterring ny had halted development due to the drug's Medical Pharmacology professor and his team drug use in sports in the United States, the toxic side effects. -
Attaining Olympus: a Critical Analysis of Performance-Enhancing Drug Law and Policy for the 21St Century
Franco Book Proof (Do Not Delete) 4/16/19 11:35 PM ATTAINING OLYMPUS: A CRITICAL ANALYSIS OF PERFORMANCE-ENHANCING DRUG LAW AND POLICY FOR THE 21ST CENTURY ALEXANDRA M. FRANCO1 ABSTRACT While high-profile doping scandals in sports always garner attention, the public discussion about the use of performance-enhancing substances ignores the growing social movement towards enhancement outside of sports. This Article discusses the flaws in the ethical origins and justifications for modern anti-doping law and policy. It analyzes the issues in the current regulatory scheme through its application to different sports, such as cycling and bodybuilding. The Article then juxtaposes those issues to general anti-drug law applicable to non-athletes seeking enhancement, such as students and professionals. The Article posits that the current regulatory scheme is harmful not only to athletes but also to people in general—specifically to their psychological well-being—because it derives from a double social morality that simultaneously shuns and encourages the use of performance-enhancing drugs. I. INTRODUCTION “Everybody is going to do what they do.” — Phil Heath, Mr. Olympia champion.2 The relationship between performance-enhancing drugs and American society has been problematic for the past several decades. High- profile doping scandals regularly garner media attention—for example, 1. © Alexandra M. Franco, J.D. The Author is an Affiliated Scholar at the Institute for Science, Law and Technology at IIT Chicago-Kent College of Law. She previously worked as a Judicial Law Clerk for the Honorable Franklin U. Valderrama in the Circuit Court of Cook County, Illinois (the views expressed in this Article are solely those of the Author, and do not represent those of Equal Justice Works or Cook County). -
The Tim Ferriss Show Transcripts Episode 143: Patrick Arnold Show Notes and Links at Tim.Blog/Podcast
The Tim Ferriss Show Transcripts Episode 143: Patrick Arnold Show notes and links at tim.blog/podcast Tim Ferriss: Greetings, my little Mogwai. This is Tim Ferriss, and I'm going to redo a legal disclaimer for this episode. I don't do many of these, but at the behest of my ever-so-competent legal counsel, allow me to read the following. I am not recommending, endorsing or supporting any of the substances or compounds discussed or described in this interview, particularly, when this applies to illegal, illicit or dangerous compounds or substances. I am interviewing Patrick, furthermore, as a journalist seeking additional information regarding matters of public interest and concern. You should also notice that we have removed a number of names of different folks to protect the innocent, guilty or otherwise. With all of that said, since I've covered my little white ass, please enjoy. [Intro] Hello you freaks out there, and aren't we all freaks at the end of the day? This is Tim Ferriss, and welcome to another episode of The Tim Ferriss Show. If you liked my episode with Dom D’Agostino, the incredible scientist who fasted six, seven days, whatever it was, dead-lifted 500 pounds for ten reps, and continues to do amazing work for the Department of Defense with exogenous ketones, etc., etc., you might love this one. So here we go. Patrick Arnold is widely considered the father of prohormones. He's also an organic chemist known for introducing androstenedione – remember Mark McGuire – 1 androstenediol, marketed as 1AD, and methylhexanamine, if I'm getting that correct, into the dietary supplement market. -
A History of Media Influence on Major League Baseball Steroid Policies
Media Influence on MLB Steroid Policies Page 3 UNDER MOUNTING PRESSURE: A HISTORY OF MEDIA INFLUENCE ON MAJOR LEAGUE BASEBALL STEROID POLICIES Dan DeIuliis & David DeIuliis Dan DeIuliis studied Abstract military terminology in sports coverage in This research is interested in the relationships among media coverage, governmental the Department of legislation and Major League Baseball’s anabolic steroids testing policies. An analysis of Film/Video and patterns of media coverage, legislation, and adoption of tougher penalties are explored, Media Studies at Penn State followed by an analysis of specific legislation in an attempt to identify its specific goals and University. target populations. The paper first analyzes recent Supreme Court cases and current federal David DeIuliis is a legislation to determine if Congress acted legally in investigating Major League Baseball. Ph.D. student in the Beginning in the mid-1980s with the surfacing of these media reports and ending with Department of baseball’s toughest policy implementation in 2005, it then tracks the pattern of media Communication and Rhetorical Studies at coverage influencing the enactment of tougher penalties in baseball. Finally, it will examine Duquesne the goals and justifications of a specific piece of legislation, the Clean Sports Act of 2005. University. Because anabolic steroids remain a problem among teenage and amateur athletes, this revisitation of the issue from a communications perspective will allow administrators to more efficiently combat the problem and media professionals to more effectively cover it. Keywords: Major League Baseball, anabolic steroids, Congress, Clean Sports Act DeIuliis, D., & DeIuliis, D. (2012) Under mounting pressure: A history of media influence on Major League Baseball steroid policies. -
Structure of the Olympic Movement
STRUCTURE OF THE OLYMPIC MOVEMENT In addition to the International Olympic Committee, the Olympic Movement includes the International Federations (IFs), the National Olympic Committees (NOCs), the Organising Committees for the Olympic Games (OCOGs), the national associations, clubs, the athletes, judges and referees, coaches and the other sports technicians. It also includes other organisations and institutions recognised by the IOC. Final version: 31 January 2002 part 3/4 © copyright IOC 2002, all rights reserved THE INTERNATIONAL OLYMPIC COMMITTEE The International Olympic Committee is the supreme authority of the Olympic Movement. Its role is to promote top-level sport as well as sport for all in accordance with the Olympic Charter. It ensures the regular celebration of the Olympic Games and strongly encourages, by appropriate means, the promotion of women in sport, that of sports ethics and the protection of athletes. In accordance with the recent reforms, the IOC is composed of a maximum of 115 co-opted members who meet in Session at least once a year. The Session elects a President for a term of eight years, renewable once for four years and Executive Board members for terms of four years. By retaining all rights relating to the organisation, marketing, broadcasting and reproduction of the Olympic Games, the IOC ensures the continuity of a unique and universal event. Final version: 31 January 2002 part 3/4 © copyright IOC 2002, all rights reserved THE IOC PRESIDENT The Chevalier Dr Jacques Rogge (Belgium) is the eigthth IOC President. Co-opted into the IOC in 1991 he was elected President on 16th July 2001 by the 112th IOC Session for an eight-year term. -
California State Athletic Commission
Department of Consumer Affairs California State Athletic Commission COMMISSION MEETING February 18, 2015 Los Angeles, California John Frierson, Chair John Carvelli, Vice-Chair Christopher Giza, MD Van Buren Lemons, MD Martha Shen-Urquidez Mary Lehman Andy Foster, Executive Officer T.•,y a.. 0 1' o .:!I". I.• P. Qo ~ ~:.•. CALIFORNIA STATE ATHLETIC COMMISSION C1 a 2005 Evergreen Street, Suite 2010 1 Sacramento, California 95815 P (916) 263-2195 F (916) 263-2197 [email protected] qov 1 www dca ca qov/csac Members of the Commission John Frierson, Chair John Carvelli, Vice-Chair Christopher Giza, MD Mary Lehman VanBuren Lemons, MD C S Q E E G G N D MarthaShen-Urquidez QMMIS I N M TIN A E A Wednesday, February 18, 2015 10:00 a.m. ·conclusion of business Location: JUNIPERO SERRA OFFICE BUILDING 320 West Fourth Street, Carmel Room Los Angeles, CA 90013 ORDER OF ITEMS SUBJECT TO CHANGE OPEN SESSION 1. Call to Order/Pledge of Allegiance/Roll Call 2. Welcome - Chairman's Opening Remark 3. Election of New Officers for 2015 4. Approval of the December 3, 2014, Commission Meeting Minutes 5. Executive Officer's Report a. Budget Update b. Report on Pending Regulations 6. Athletic Inspector and Licensed Official- Awards of Recognition, 2014 7. Petition for Change of Decision: Tyson Cave vs. Oscar Escandon a, Pod Index Official Review of Tyson Cave vs. Oscar Escandon Scoring 8. Petition for Change of Decision: James Chaney vs. Curtis Millender 9. Appeal of License Suspension from Robert Emerson 10. Review and Approval of Modifications to the Neurological Assessment Proposed Regulation Language 11. -
A Behavioral Law and Economics Approach to Legal Regulation of Doping in Sports Shayna M
Marquette Sports Law Review Volume 19 Article 7 Issue 1 Fall Are We All Dopes? A Behavioral Law and Economics Approach to Legal Regulation of Doping in Sports Shayna M. Sigman Follow this and additional works at: http://scholarship.law.marquette.edu/sportslaw Part of the Entertainment and Sports Law Commons Repository Citation Shayna M. Sigman, Are We All Dopes? A Behavioral Law and Economics Approach to Legal Regulation of Doping in Sports, 19 Marq. Sports L. Rev. 125 (2008) Available at: http://scholarship.law.marquette.edu/sportslaw/vol19/iss1/7 This Symposium is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. For more information, please contact [email protected]. ARE WE ALL DOPES? A BEHAVIORAL LAW & ECONOMICS APPROACH TO LEGAL REGULATION OF DOPING IN SPORTS SHAYNA M. SIGMAN* INTRODUCTION You should care about the prevalence of performance-enhancing drugs (PEDs) and doping methods currently being used and abused within elite sports. You should care, not because teenagers and youth are harmed by this, even though they most likely are. 1 You should care, not because elite athletes or those attempting to become elite athletes are harmed by this, even though they most likely are. 2 Whether you are a recreational athlete or a couch potato, whether you are a serious sports fan, a casual fan, or not a fan at all, you should care about the fact that it is highly likely that you have been harmed by doping in sports. Associate Professor of Law, Jacob D. Fuchsberg Touro Law Center.