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Volume 11, Number 2 Spring 2020 Contents ARTICLES Reexploring the Esports Approach of America’s Three Major Leagues Peter A. Carfagna.................................................. 115 The NCAA’s Agent Certification Program: A Critical and Legal Analysis Marc Edelman & Richard Karcher ..................................... 155 Well-Intentioned but Counterproductive: An Analysis of the NFLPA’s Financial Advisor Registration Program Ross N. Evans ..................................................... 183 A Win Win: College Athletes Get Paid for Their Names, Images, and Likenesses, and Colleges Maintain the Primacy of Academics Jayma Meyer and Andrew Zimbalist ................................... 247 Harvard Journal of Sports & Entertainment Law Student Journals Office, Harvard Law School 1585 Massachusetts Avenue, Suite 3039 Cambridge, MA 02138 (617) 495-3146; [email protected] www.harvardjsel.com U.S. ISSN 2153-1323 The Harvard Journal of Sports & Entertainment Law is published semiannually by Harvard Law School students. Submissions: The Harvard Journal of Sports and Entertainment Law welcomes articles from professors, practitioners, and students of the sports and entertainment industries, as well as other related disciplines. Submissions should not exceed 25,000 words, including footnotes. All manuscripts should be submitted in English with both text and footnotes typed and double-spaced. Footnotes must conform with The Bluebook: A Uniform System of Citation (20th ed.), and authors should be prepared to supply any cited sources upon request. All manu- scripts submitted become the property of the JSEL and will not be returned to the author. The JSEL strongly prefers electronic submissions through the ExpressO online submission system at http://www.law.bepress.com/expresso or the Scholastica online submission system at https://harvard-journal-sports-ent-law.scholasticahq.com. -
Consumer Motivation, Spectatorship Experience and the Degree of Overlap Between Traditional Sport and Esport.”
COMPETITIVE SPORT IN WEB 2.0: CONSUMER MOTIVATION, SPECTATORSHIP EXPERIENCE, AND THE DEGREE OF OVERLAP BETWEEN TRADITIONAL SPORT AND ESPORT by JUE HOU ANDREW C. BILLINGS, COMMITTEE CHAIR CORY L. ARMSTRONG KENON A. BROWN JAMES D. LEEPER BRETT I. SHERRICK A DISSERTATION Submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the Department of Journalism and Creative Media in the Graduate School of The University of Alabama TUSCALOOSA, ALABAMA 2019 Copyright Jue Hou 2019 ALL RIGHTS RESERVED ABSTRACT In the 21st Century, eSport has gradually come into public sight as a new form of competitive spectator event. This type of modern competitive video gaming resembles the field of traditional sport in multiple ways, including players, leagues, tournaments and corporate sponsorship, etc. Nevertheless, academic discussion regarding the current treatment, benefit, and risk of eSport are still ongoing. This research project examined the status quo of the rising eSport field. Based on a detailed introduction of competitive video gaming history as well as an in-depth analysis of factors that constitute a sport, this study redefined eSport as a unique form of video game competition. From the theoretical perspective of uses and gratifications, this project focused on how eSport is similar to, or different from, traditional sports in terms of spectator motivations. The current study incorporated a number of previously validated-scales in sport literature and generated two surveys, and got 536 and 530 respondents respectively. This study then utilized the data and constructed the motivation scale for eSport spectatorship consumption (MSESC) through structural equation modeling. -
A 040909 Breeze Thursday
Post Comments, share Views, read Blogs on CaPe-Coral-daily-Breeze.Com Ballgame Local teams go head to head in CAPE CORAL Bud Roth tourney DAILY BREEZE — SPORTS WEATHER: Mostly Sunny • Tonight: Mostly Clear • Saturday: Partly Cloudy — 2A cape-coral-daily-breeze.com Vol. 48, No. 89 Friday, April 17, 2009 50 cents Cape man guilty on all counts in ’05 shooting death “I’m very pleased with the verdict. This is a tough case. Jurors deliberate for nearly 4 hours It was very emotional for the jurors, but I think it was the right decision given the evidence and the facts of the By CONNOR HOLMES tery with a deadly weapon. in the arm by co-defendant Anibal case.” [email protected] Gaphoor has been convicted as Morales; Jose Reyes-Garcia, who Dave Gaphoor embraced his a principle in the 2005 shooting was shot in the arm by Morales; — Assistant State Attorney Andrew Marcus mother, removed his coat and let death of Jose Gomez, 25, which and Salatiel Vasquez, who was the bailiff take his fingerprints after occurred during an armed robbery beaten with a tire iron. At the tail end of a three-day made the right decision. a 12-person Lee County jury found in which Gaphoor took part. The jury returned from approxi- trial and years of preparation by “I’m very pleased with the ver- him guilty Thursday of first-degree Several others were injured, mately three hours and 45 minutes state and defense attorneys, dict,” he said Thursday. “This is a felony murder, two counts of including Rigoberto Vasquez, who of deliberations at 8 p.m. -
The Third Circuit Adopts an Eight-Factor Test for Likelihood of Confusion in False Enforcement Cases and Flags Related Defenses in Facenda V
Hastings Communications and Entertainment Law Journal Volume 32 | Number 1 Article 4 1-1-2009 "It's Third and Eight!": The Third Circuit Adopts an Eight-Factor Test for Likelihood of Confusion in False Enforcement Cases and Flags Related Defenses in Facenda v. NFL Films Justin Kerner Follow this and additional works at: https://repository.uchastings.edu/ hastings_comm_ent_law_journal Part of the Communications Law Commons, Entertainment, Arts, and Sports Law Commons, and the Intellectual Property Law Commons Recommended Citation Justin Kerner, "It's Third and Eight!": The Third Circuit Adopts an Eight-Factor Test for Likelihood of Confusion in False Enforcement Cases and Flags Related Defenses in Facenda v. NFL Films, 32 Hastings Comm. & Ent. L.J. 111 (2009). Available at: https://repository.uchastings.edu/hastings_comm_ent_law_journal/vol32/iss1/4 This Commentary is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Communications and Entertainment Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. "It's Third and Eight!": The Third Circuit Adopts an Eight-Factor Test for Likelihood of Confusion in False Endorsement Cases and Flags Related Defenses in Facenda v. NFL Films by JUSTIN KERNER* I. Introduction ...................................................................................... 112 A. Learning the Game, Play by Play: Basic Terminology, Relevant Precedent, and Defenses Against Lanham A ct C laim s .................................................................................. 114 1. Before You Memorize the Playbook, You Separate Xs From Os: A Definition of Trademarks ....................... 116 2. History of, and Need for, the Lanham Act ..................... -
Grantsville, Carlisle Syntech in Third District Court by Judge Mark Tion “To Steal Employees from Anoth- the Utah Industrial Depot, and the Kouris
www.tooeletranscript.com TUESDAY Service dogs help those in need See B1 TOOELETRANSCRIPT BULLETIN January 9, 2007 SERVING TOOELE COUNTY SINCE 1894 VOL. 113 NO. 66 50¢ Baird sentenced to mental evaluation No end in sight for for having sex with THS student hot local job market by Alleen Lang Family Creamery in Tooele. The ice cream parlor and restaurant by Mary Ruth Hammond CORRESPONDENT Tooele County’s employment employs 35 to 40 employees. Sweat If this was a male defendant standing before me for this STAFF WRITER outlook is predicted to match or said the work environment he A Tooele High School teacher crime, there would be a bus with its engine idling in the exceed the bullish pace of the state works to create helps him keep the was sentenced today to undergo a in 2007, according to local employ- business staffed with young people parking lot to transport him to Utah State Prison. 90-day psychological evaluation at ment officials. who find “it’s a fun place to work.” Utah State Prison after pleading JUDGE MARK KOURIS The county’s unemployment rate While he has high expectations of guilt to sexually abusing one of her THIRD DISTRICT COURT is currently 2.6 percent, even lower his staff, he said the family atmo- students last year. than a statewide unemployment sphere of the restaurant, as well as Leslie Baird, 42, who worked at rate of 3.3 percent. And with less his practice of giving staff owner- THS for six years — most recently than 700 people looking for jobs ship of their jobs, has helped keep as a computer lab coordinator — countywide, competition for good turnover low. -
Reexploring the Esports Approach of America's Three Major Leagues
\\jciprod01\productn\H\HLS\11-2\HLS201.txt unknown Seq: 1 4-JUN-20 14:22 Exploring the Esports Approach of America’s Three Major Leagues Peter A. Carfagna* I. Introduction ....................................... 116 R II. Comparative Esports Systems of America’s Three Major Leagues ...................................... 118 R A. Major League Baseball .............................. 118 R B. NFL and EA Sports’ Madden Championship Series ...... 121 R C. NBA 2K League ................................... 125 R 1. League Structure .............................. 125 R 2. Gameplay .................................... 127 R 3. Competition and Playoff Structure .............. 128 R 4. Joining the League ............................ 129 R 5. Compensation ................................ 130 R III. Legal Evolution of the NBA 2K League ............. 134 R * Visiting Professor, Harvard Law School teaching three Sports Law courses since 2006, each of which has been published as a regularly updated casebook; Faculty Advisor to the Harvard Law School’s Committee on Sports and Entertainment Law, Journal on Sports and Entertainment Law, and Sports Law Clinical Program; CEO at Magis LLC, a sports marketing, consulting and investment firm; previously Chief Legal Officer & General Counsel of International Management Group (IMG), and Senior Partner at Jones Day LLP. This Article is written as an addendum to my casebook entitled Sports and the Law: Examining the Legal Evolution of America’s Three “Major Leagues” (West, 3d ed. 2017), and will be used in teaching the Fall Term 2020 Sports Law course of the same name. I would like to express my personal thanks to the editors of the Journal on Sports and Entertainment Law for helping me finalize this Article for publication. I would also like to thank Aaron Caputo (member of the LL.M. -
Sports and the Rhetorical Construction of the Citizen-Consumer
THE SPORTS MALL OF AMERICA: SPORTS AND THE RHETORICAL CONSTRUCTION OF THE CITIZEN-CONSUMER Cory Hillman A Dissertation Submitted to the Graduate College of Bowling Green State University in partial fulfillment of the requirements for the degree of DOCTOR OF PHILOSOPHY August 2012 Committee: Dr. Michael Butterworth, Advisor Dr. David Tobar Graduate Faculty Representative Dr. Clayton Rosati Dr. Joshua Atkinson © 2010 Cory Hillman All Rights Reserved iii ABSTRACT Dr. Michael Butterworth, Advisor The purpose of this dissertation was to investigate from a rhetorical perspective how contemporary sports both reflect and influence a preferred definition of democracy that has been narrowly conflated with consumption in the cultural imaginary. I argue that the relationship between fans and sports has become mediated by rituals of consumption in order to affirm a particular identity, similar to the ways that citizenship in America has become defined by one’s ability to consume under conditions of neoliberal capitalism. In this study, I examine how new sports stadiums are architecturally designed to attract upper income fans through the mobilization of spectacle and surveillance-based strategies such as Fan Code of Conducts. I also investigate the “sports gaming culture” that addresses advertising in sports video games and fantasy sports participation that both reinforce the burgeoning commercialism of sports while normalizing capitalism’s worldview. I also explore the area of licensed merchandise which is often used to seduce fans into consuming the sports brand by speaking the terms of consumer capitalism often naturalized in fan’s expectations in their engagement with sports. Finally, I address potential strategies of resistance that rely on a reassessment of the value of sports in American culture, predicated upon restoring citizens’ faith in public institutions that would simultaneously reclaim control of the sporting landscape from commercial entities exploiting them for profit. -
Electronic Sports
Electronic sports This article is about video game competitions. For de- the esports label.[4] In 2012, the most popular titles fea- pictions of traditional sports in video games, see sports tured in professional competition were real time strat- game. For games involving exercise, see exergaming. egy and multiplayer online battle arena games Dota 2, Electronic sports (also known as esports or competi- League of Legends, and StarCraft II.[5] Shooting games like Counter Strike and Call of Duty have enjoyed some success as esports, although their viewer numbers have remained below those of their competitors.[6] 1 Overview Geographically, esports competitions have their roots in developed countries. South Korea has the best es- tablished esports organizations, officially licensing pro- gamers since the year 2000.[7] Official recognition of es- ports competitions outside South Korea has come some- what slower. In 2013, Canadian League of Legends player Danny “Shiphtur” Le became the first pro-gamer to re- ceive a United States P-1A visa, a category designated for Players at the 2013 Intel Extreme Masters in Katowice, Poland “Internationally Recognized Athletes”.[8][9] Along with South Korea, most competitions take place in Europe, tive gaming) is a term for organized video game compe- North America, Australia and China. Despite its large titions, especially between professionals. The most com- video game market, esports in Japan is relatively un- mon video game genres associated with electronic sports derdeveloped, which has been attributed largely to its are real-time strategy, fighting, first-person shooter, and broad anti-gambling laws.[10] In 2014, the largest inde- multiplayer online battle arena. -
Games of Empire Electronic Mediations Katherine Hayles, Mark Poster, and Samuel Weber, Series Editors
Games of Empire Electronic Mediations Katherine Hayles, Mark Poster, and Samuel Weber, Series Editors 29 Games of Empire: Global Capitalism and Video Games Nick Dyer- Witheford and Greig de Peuter 28 Tactical Media Rita Raley 27 Reticulations: Jean-Luc Nancy and the Networks of the Political Philip Armstrong 26 Digital Baroque: New Media Art and Cinematic Folds Timothy Murray 25 Ex- foliations: Reading Machines and the Upgrade Path Terry Harpold 24 Digitize This Book! The Politics of New Media, or Why We Need Open Access Now Gary Hall 23 Digitizing Race: Visual Cultures of the Internet Lisa Nakamura 22 Small Tech: The Culture of Digital Tools Byron Hawk, David M. Rieder, and Ollie Oviedo, Editors 21 The Exploit: A Theory of Networks Alexander R. Galloway and Eugene Thacker 20 Database Aesthetics: Art in the Age of Information Overfl ow Victoria Vesna, Editor 19 Cyberspaces of Everyday Life Mark Nunes 18 Gaming: Essays on Algorithmic Culture Alexander R. Galloway 17 Avatars of Story Marie-Laure Ryan 16 Wireless Writing in the Age of Marconi Timothy C. Campbell 15 Electronic Monuments Gregory L. Ulmer 14 Lara Croft: Cyber Heroine Astrid Deuber- Mankowsky 13 The Souls of Cyberfolk: Posthumanism as Vernacular Theory Thomas Foster 12 Déjà Vu: Aberrations of Cultural Memory Peter Krapp 11 Biomedia Eugene Thacker 10 Avatar Bodies: A Tantra for Posthumanism Ann Weinstone 9 Connected, or What It Means to Live in the Network Society Steven Shaviro 8 Cognitive Fictions Joseph Tabbi 7 Cybering Democracy: Public Space and the Internet Diana Saco 6 Writings Vilém Flusser 5 Bodies in Technology Don Ihde 4 Cyberculture Pierre Lévy 3 What’s the Matter with the Internet? Mark Poster 2 High Techne¯: Art and Technology from the Machine Aesthetic to the Posthuman R. -
Sunday Morning Grid 9/28/08 Latimes.Com/Tv Times
SUNDAY MORNING GRID 9/28/08 LATIMES.COM/TV TIMES 7 am 7:30 am 8 am 8:30 am 9 am 9:30 am 10 am 10:30 am 11 am 11:30 am Noon 12:30 pm 2 CBS CBS News Sunday Morning (N) Å Face Nation NFL Today Å Paid Program Dog Tales Animal R. Mountain Biking 4 NBC Today in L.A.: Weekend Meet the Press (N) (TVG) Matthews News LXTV PGA Tour Golf The Tour Championship Final Round. Å 5CW Paid Believers Paid Joel Osteen Paid Changing Shook Paid Program Ed Young Paid Program 7 ABC News (N) Å This Week With George News (N) Å NASCAR Countdown NASCAR Racing Sprint Cup Camping World RV 400. 9 KCAL In Touch-Dr Conley Paid It Is Written Paid Hour of Power (N) (TVG) Paid Program Think Blue 11 FOX News Fox News Sunday Fox NFL Sunday Å Football Green Bay Packers at Tampa Bay Buccaneers. Å 13 MyNet Paid Program Paid Program 18 KSCI Paid Hr./Hope Christian Faith Phil Blazer Paid Program Iranian TV (In Farsi) Jaam-E-Jaam (In Farsi) 22 KWHY Paid Program Paid Program 24 KVCR WordWorld Cartoon Painting Oil Painting Watercolor Art Work Made-Spain Martin Yan Test Kitch Gourmet New York Primal Grill 28 KCET Sesame Street (N) (TVY) Animalia Raggs Mr Rogers Berenstain Signing Sid Nature Raptor Force. SoCal Place 30 ION Turning Pt Discovery In Touch-Dr Paid Program Inspiration Ministry Campmeeting David Cerullo. 34 KMEX Paid Program Al Punto Fútbol de la Liga Mexicana Toluca vs. Santos. -
Cape Coral Daily Breeze
Advances APE ORAL Cape Coral C C rolls past Hollywood Hills DAILY BREEZE — SPORTS WEATHER: Sunny • Tonight: Mostly Clear • Saturday: Mostly Sunny — 2A cape-coral-daily-breeze.com Vol. 48, No. 30 Friday, February 6, 2009 50 cents Superintendent replies to oversight concerns “Every issue he refers to has either Claims issues have been handled been investigated or audited by the Board Internal Auditor, the Auditor By MCKENZIE CASSIDY the same officials replying to allega- “Every issue he refers to has General or outside independent audi- [email protected] tions that the district is being lax either been investigated or audited tors, or the district’s Professional One week after Lee County with how it conducts business. by the Board Internal Auditor, the Standards Department.” School Board Member Robert Chilmonik’s letter discussed Auditor General or outside inde- Chilmonik sent a letter to the state irregularities with record keeping, pendent auditors, or the district’s — Superintendent James Browder outlining his concerns over ques- the bidding selections process and a Professional Standards tionable district practices, potential for fraud. Browder, on the Department,” said Browder in his Superintendent James Browder for- other hand, contends that all of the memorandum. “During the past six official report or document provided board auditor Julie Nieminski warded a memorandum last week to issues had been dealt with and no years as superintendent, no findings to the school board.” fraud has been discovered. of fraud have been identified in any According to Chilmonik, former See ALLEGATION, page 3A Visual upgrade Former reporter predicts decline of American ‘empire’ Boca seminar speaker By DEBBIE KIEWIET “I will argue that the evi- [email protected] “The American ‘empire’ is in dence of American over- decline,” Jim McCartney told his stretch is before our audience at the Boca Grande eyes.” Community Center last week. -
EXHIBIT 1 Case4:09-Cv-01967-CW Document1108-2 Filed05/30/14 Page2 of 286
Case4:09-cv-01967-CW Document1108-2 Filed05/30/14 Page1 of 286 EXHIBIT 1 Case4:09-cv-01967-CW Document1108-2 Filed05/30/14 Page2 of 286 Steve W. Berman (Pro Hac Vice) 1 Robert B. Carey (Pro Hac Vice) Leonard W. Aragon (Pro Hac Vice) 2 HAGENS BERMAN SOBOL SHAPIRO LLP 11 West Jefferson, Suite 1000 3 Phoenix, Arizona 85003 Telephone: (602) 840-5900 4 Facsimile: (602) 840-3012 Email: [email protected] 5 [email protected] 6 Michael P. Lehmann (Cal. Bar No. 77152) Arthur N. Bailey, Jr. (Cal. Bar No. 248460) 7 HAUSFELD LLP 44 Montgomery St., 34th Floor 8 San Francisco, CA 94104 Tel: (415) 633-1908 9 Fax: (415) 358-4980 E-mail:[email protected] 10 [email protected] 11 Interim Co-Lead Counsel for Antitrust and Right of Publicity Plaintiffs 12 13 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 OAKLAND DIVISION 17 In re NCAA Student-Athlete Name & Likeness Case No. 4:09-cv-1967 CW (NC) 18 Licensing Litigation 19 CLASS ACTION SETTLEMENT AGREEMENT AND RELEASE 20 21 Complaint Filed: May 5, 2009 22 23 24 25 26 27 28 Case4:09-cv-01967-CW Document1108-2 Filed05/30/14 Page3 of 286 1 I. PARTIES TO THE SETTLEMENT AGREEMENT 2 This Class Action Settlement Agreement and Release (“Settlement Agreement” or 3 “Agreement”) is entered into by, between, and among the following Plaintiffs and Settling 4 Defendant: 5 PLAINTIFFS 6 (i). Keller Right of Publicity Plaintiffs: Samuel Michael Keller, Bryan Cummings, 7 Lamarr Watkins, and Byron Bishop (collectively Keller Plaintiffs) 8 (ii).