Sports and Entertainment Law Journal Sandra Day O'Connor College of Law Arizona State University P.O. Box 877906 Tempe, Arizona 85287 The Sports and Entertainment Law Journal is supported by the Sandra Day O‘Connor College of Law at Arizona State University. The Journal‟s mailing address is: Sports and Entertainment Law Journal, P.O. Box 877906, 1100 S. McAllister Ave., Tempe, AZ 85287. Submissions: The Journal welcomes the submission of articles and comments. Authors may submit by standard mail or online to the Journal‟s email address: [email protected]. Subscription: The Journal is published twice a year and available online and in print. Subscriptions are available at an annual rate of $45.00. Editions are accessible through the URL: http://www.law.asu.edu/selj. Copyright: © Copyright 2011 by the Sports and Entertainment Law Journal. All rights reserved except as otherwise provided. Citation: Cite as: ARIZ. ST. SPORTS & ENT. L.J. Arizona State University Sandra Day O’Connor College of Law Faculty 2011-2012 MICHAEL 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 DOUGLAS J. SYLVESTER, B.A., J.D., LL.M. Interim Dean, Professor of Law, and Faculty Fellow, Center for Law, Science & Innovation 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, and Director, College of Law‟s Economic Development in Indian Country Program ANDREW ASKLAND, B.A., M.A. & PH.D., J.D. Director, Center for Law, Science & Innovation, and Instructor in Law JENNIFER BARNES, B.S., J.D. 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. Emeritus Alan A. Matheson 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, Affiliate Faculty Member, Center for Law and Global Affairs, Affiliate Faculty Member, Center for Law, Science & Innovation, and Affiliate Faculty Member, Global Institute of Sustainability, School of Sustainability, ASU SARAH BUEL, B.A., J.D. Clinical Professor of Law and Faculty Director, Diane Halle Center for Family Justice TIMOTHY P. BURR, B.S., J.D. Director, Foreclosure Mediation Unit CHARLES R. CALLEROS, B.A., J.D. Professor of Law GUY A. CARDINEAU, A.B., B.S, PH.D. Emeritus Professor of Law SUSAN CHESLER, B.A., J.D. Associate Clinical Professor of Law 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, Faculty Advisor on Tribal Engagement, Indian Legal Program,,and Faculty Fellow, Center for Law, Science & Innovation EVELYN H. CRUZ, B.A., J.D. Clinical Professor of Law, and Director, Immigration Law and Policy Clinic JAIME DAHLSTEDT, B.A., J.D., LL.M Associate Clinical Professor of Law, and Director, Ruth V. McGregor Family Protection 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., PH.D. Professor of Law, Faculty Fellow, Center for Law, Science & Innovation, Affiliate Professor of Psychology, and Director, Law & Psychology Graduate Program DAVID DEPIANTO, B.A., J.D., PH.D. Visiting Assistant Professor of Law 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, Affiliate Professor of Psychology, and Faculty Fellow, Center for Law, Science & Innovation JOSEPH M. FELLER, B.A., PH.D., J.D. Professor of Law and Faculty Fellow, Center for Law, Science & Innovation AARON X. 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. Faculty Director, Indian Legal Program, Associate Clinical Professor of Law, and Director, Indian Legal Clinic DALE BECK FURNISH, A.B., J.D., LL.M. Emeritus Professor of Law ERIN FUSE BROWN, B.A., M.P.H., J.D. Visiting Assistant Professor of Law, Fellow, Public Health Law & Policy Program, and Lincoln Visiting Fellow for Ethics & Health Policy JOEL GARREAU Lincoln Professor of Law, Culture, and Values, Director, The Prevail Project: Wise Governance for Challenging Futures, and Affiliate Faculty Member, ASU Consortium for Science, Policy & Outcomes DAVID GARTNER, A.B., J.D., PH.D. Associate Professor of Law, and Affiliate Professor, Global Health, School of Human Evolution & Social Change KEVIN GOVER, A.B., J.D. Professor BETSY J. GREY, B.A., J.D. Professor of Law, Alan A. Matheson Fellow, and Faculty Fellow, Center for Law, Science & Innovation ZACHARY J. GUBLER, B.A., J.D. Associate Professor of Law SANFORD M. GUERIN, B.S., J.D., LL.M. Emeritus Professor of Law ANNE HERBERT, A.B., J.D. Director for Undergraduate Education, and Senior Lecturer in Law TAMARA HERRERA, B.A., J.D. Clinical Professor of Law, and Coordinator, Legal Writing Curriculum CARISSA BYRNE HESSICK, B.A., J.D. Professor of Law F. ANDREW HESSICK, B.A., J.D. Associate Dean for Research and Faculty Development, and Professor of Law ART HINSHAW, A.B., J.D., LL.M. Director of the Lodestar Dispute Resolution Program, Clinical Professor of Law, and Interim Director, Clinical Program JAMES G. HODGE, JR., B.S., J.D., LL.M. Lincoln Professor of Health Law and Ethics, Director, Public Health Law & Policy Program, Faculty Fellow, Center for Law, Science & Innovation, Affiliate Professor, Global Health, School of Human Evolution & Social Change, Affiliate Faculty, School of Public Affairs, and Affiliate Faculty, Department of Biomedical Informatics KIMBERLY HOLST, B.A., MLIS, J.D. Associate Clinical Professor DIANE J. HUMETEWA, B.A., J.D. Professor of Practice DAVID KADER, B.A., J.D., LL.M. Professor of Law, Faculty Affiliate, Center for the Study of Religion & Conflict 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 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, and Director, Tax Literacy Project ZACHARY KRAMER, B.A., J.D. Professor of Law AMY LANGENFELD, B.A., J.D. Clinical Professor of Law RHETT LARSON, B.A., J.D., M.SC. Visiting Assistant 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, Faculty Fellow, Center for Law, Science & Innovation‟s Program in Public Health Law & Policy, and Affiliated Faculty in Justice & Social Inquiry, School of Social Transformation, CLAS GARY E. MARCHANT, B.SC., PH.D., M.P.P., J.D. Regents‟ Professor of Law, Professor of Law, Faculty Director and Faculty Fellow, Center for Law, Science & Innovation, Lincoln Professor of Emerging Technologies, Law & Ethics, and Senior Sustainability Scientist, Global Institute of Sustainability, ASU ALAN A. MATHESON, B.A., M.S., J.S. Emeritus Professor of Law and Dean Emeritus KRISTIN MAYES, B.A., M.P.A., J.D. 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 MARY ELLEN NATALE, B.A., J.D. Director, Homeowner Advocacy Unit, and Civil Justice Clinic CHAD L. NOREUIL, B.A., J.D. Clinical Professor of Law SANDRA DAY O‘CONNOR, B.S., J.D. Faculty CATHERINE GAGE O‘GRADY, B.B.A., J.D. Professor of Law DANIEL GEORGE ORENSTEIN, B.A., J.D. Fellow and Faculty Associate, Public Health Law & Policy Program, and Deputy Director, Public Health Law Network – Western Region SIGMUND D. POPKO, B.A., J.D. Clinical Professor of Law and Director, Post-Conviction Clinic 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. Professor of Academic Theory, Lecturer 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 & 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. Emeritus Professor of Law MARY SIGLER, B.A., M.A., J.D., PH.D. Professor of Law CARRIE B. SPERLING, B.A., J.D. Associate Clinical Professor of Law, and Executive Director, Arizona Justice Project 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. Associate Dean for Academic Affairs, and Clinical Professor of Law VICTORIA K. TROTTA, B.A., M.L.S., J.D.