Marc Edelman

City University of New York - Baruch College, Zicklin School of Business

Professor of Law

One Bernard Baruch Way

Box B9-220

New York, NY 10010

United States

Fordham University School of Law

Adjunct Professor

140 West 62nd Street

New York, NY 10023

United States

  • City University of New York - Baruch College, Zicklin School of Business

  • Fordham University School of Law

SCHOLARLY PAPERS

77

DOWNLOADS
Rank 740

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Top 740

in Total Papers Downloads

51,679

SSRN CITATIONS

17

CROSSREF CITATIONS

16

Ideas:
“  As a former big-firm sports and antitrust attorney, my legal research explores issues related to the sports, gaming and education industries.  ”

  • City University of New York - Baruch College, Zicklin School of Business

  • Fordham University School of Law

Scholarly Papers (77)

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1.

A Short Treatise on Fantasy Sports and the Law: How America Regulates its New National Pastime

Harvard Journal of Sports & Entertainment Law, Vol. 3, January 2012
Number of pages: 53 Posted: 09 Aug 2011 Last Revised: 05 Apr 2012
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 7,441 (1,545)
Citation 1

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sports, fantasy sports, fantasy baseball, fantasy football, gaming law, gambling, intellectual property, publicity rights, trademarks, copyright, patent, Uniform Internet Gambling Act, Queen Anne statutes, virtual worlds, Internet

2.

A Short Treatise on Amateurism and Antitrust Law: Why the NCAA's 'No Pay' Rules Violate Section One of the Sherman Act

Case Western Reserve Law Review, Vol. 64, No. 1, 2013
Number of pages: 41 Posted: 01 Mar 2013 Last Revised: 03 Dec 2013
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 4,237 (4,030)
Citation 2

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antitrust, amateurism, NCAA, student-athletes, Sherman Act, wage fixing, group boycott, Rule of Reason, reform, sports, law, sports law, economics, sports economics, labor, labor law

3.

Navigating the Legal Risks of Daily Fantasy Sports: A Detailed Primer in Federal and State Gambling Law

2016 University of Illinois Law Review 117 (2016)
Number of pages: 34 Posted: 01 Apr 2015 Last Revised: 08 Feb 2016
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 3,170 (6,577)
Citation 1

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sports law, fantasy sports, daily fantasy sports, online gaming, online gambling, fantasy sports law

4.

Reevaulating Amateurism Standards in Men's College Basketball

University of Michigan Journal of Law Reform, Vol. 35, No. 3, 2002
Number of pages: 24 Posted: 31 Oct 2008 Last Revised: 17 Nov 2008
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 2,136 (12,242)

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amateurism, NCAA, antitrust, paying athletes, NCAA deregulation, men's college basketball, sports, sports law, sports economics

5.

Why the 'Single Entity' Defense Can Never Apply to NFL Clubs: A Primer on Property Rights Theory in Professional Sports

Fordham Intellectual Property, Media & Entertainment Law Journal, Vol. 18, No. 4, 2008
Number of pages: 37 Posted: 30 Oct 2008
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 1,870 (15,136)

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sports law, antitrust, Sherman Act, single entity, Copperweld, American Needle, licensing, National Football League, NFL, NFL Properties

6.

Sports and the City: How to Curb Professional Sports Teams' Demands for Free Public Stadiums

Rutgers Journal of Law and Urban Policy, Vol. 6, No. 1, 2008
Number of pages: 50 Posted: 01 Dec 2008
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 1,578 (19,630)

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stadium subsidies, publicly funded stadiums, sports law, sports economics, antitrust

7.

Are Commissioner Suspensions Really Any Different from Illegal Group Boycotts? Analyzing Whether the NFL Personal Conduct Policy Illegally Restrains Trade

Catholic University Law Review, Vol. 58, 2009
Number of pages: 32 Posted: 02 Jul 2009
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 1,531 (20,576)

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sports, law, sports law, antitrust, Sherman Act, group boycott, concerted refusal to deal, Rule of Reason, National Football League, NFL, commissioner, discipline, commissioner discipline, Michael Vick, Molinas, nonstatutory labor exemption

8.

The District Court Decision in O'Bannon v. National Collegiate Athletic Association: A Small Step Forward for College Athlete Rights, and a Gateway for Far Grander Change

72 Washington and Lee Law Review 2319 (2014)
Number of pages: 46 Posted: 03 Sep 2014 Last Revised: 18 Dec 2014
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 1,323 (25,636)

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NCAA, National Collegiate Athletic Association, antitrust, amateurism, O'Bannon, sports law, college athletes, college sports, Marc Edelman

9.

The Future of College Athlete Players Unions: Lessons Learned from Northwestern University, and Potential Next Steps in the College Athletes Rights Movement

Cardozo Law Review, Vol. 38, 2017
Number of pages: 36 Posted: 27 Aug 2016 Last Revised: 08 Jul 2017
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 1,229 (28,565)

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sports law, labor law, college athletes, college athlete union, NCAA, antitrust law, Northwestern University, NLRB, employee, union, unionize, NLRA, National Labor Relations Act, college sports

10.

Does the NBA Still Have 'Market Power'? Exploring the Antitrust Implications of an Increasingly Global Market for Men’s Basketball Player Labor

Rutgers Law Journal Vol. 41, No. 3, p. 549, 2010
Number of pages: 43 Posted: 24 Sep 2009 Last Revised: 09 Jun 2011
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 1,145 (31,705)

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Antitrust, Sherman Act, Collusion, Section 1, sports, sports law, market power, basketball, market definition, geographic market, labor market, labor

11.

The Future of Amateurism after Antitrust Scrutiny: Why a Win for the Plaintiffs in the NCAA Student-Athlete Name & Likeness Licensing Litigation Will Not Lead to the Demise of College Sports

Oregon Law Review, Vol. 92, No. 4, 2014
Number of pages: 38 Posted: 06 Jan 2014 Last Revised: 08 Aug 2014
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 1,004 (38,122)
Citation 4

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NCAA, amateurism, antitrust, antitrust law, sports, sports law, National Collegiate Athletic Association, O'Bannon, Student-Athlete Name & Likeness Licensing, right of publicity, education policy, athletics

12.

Disarming the Trojan Horse of the UAAA and SPARTA: How America Should Reform its Sports Agent Laws to Conform with True Agency Principles

Harvard Sports and Entertainment Law Journal, Vol. 4(2), pp. 145-189
Number of pages: 46 Posted: 21 Aug 2012 Last Revised: 19 Sep 2013
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 946 (41,488)
Citation 1

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agent, sports agent, fiduciary, principal, NCAA, UAAA, SPARTA, sports, sports law, law, Muhammad Ali Act, Investment Advisers Act, Miller-Ayala Act, Uniform Law Institute, legislation, college, athlete, conflict of interest

13.

A Short Treatise on Esports and the Law: How America Regulates Its Next National Pastime

2020 University of Illinois Law Review 509 (2020), Baruch College Zicklin School of Business Research Paper No. 2019-09-05
Number of pages: 74 Posted: 24 Aug 2019 Last Revised: 10 Apr 2020
John T. Holden, Marc Edelman and Thomas Baker
Oklahoma State University, City University of New York - Baruch College, Zicklin School of Business and University of Georgia
Downloads 934 (42,228)

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Esports, regulation, gaming, sports law, emerging industries

14.

Single Entity Ruling: 'Needle' in Haystack

New York Law Journal, Vol. 239
Number of pages: 6 Posted: 25 Feb 2009
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 870 (46,524)

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antitrust, single entity, single entity defense, Copperweld, National Football League, NFL, NFL Properties, licensing, trademarks, Sherman Act, Section 1, collusion

15.

Standing to Kneel: Analyzing NFL Players' Freedom to Protest During the Playing of the U.S. National Anthem

86 Fordham Law Review Online, 1 (2018), Baruch College Zicklin School of Business Research Paper No. 2018-03-04
Number of pages: 15 Posted: 27 Feb 2018 Last Revised: 26 Mar 2018
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 840 (48,867)

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NFL, protests, national anthem, Constitutional law, First Amendment, Freedom of speech, collective bargaining agreement, CBA, Colin Kaepernick, Donald Trump, political protests, sports law, police brutality, sports governance, sports business, collusion, player protests

16.

Analyzing the WNBA's Mandatory Age/Education Policy from a Legal, Cultural and Ethical Perspective: Women, Men and the Professional Sports Landscape

Northwestern Journal of Law & Social Policy, Vol. 3, No. 1, 2008
Number of pages: 28 Posted: 30 Oct 2008 Last Revised: 05 Nov 2010
Marc Edelman and Keith Harrison
City University of New York - Baruch College, Zicklin School of Business and University of Central Florida
Downloads 819 (50,642)

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WNBA, antitrust, age requirements, education requirements, ethics, gender

17.

Regulating Fantasy Sports: A Practical Guide to State Gambling Laws, and a Proposed Framework for Future State Legislation

Indiana Law Journal, Vol. 92, 2017
Number of pages: 39 Posted: 10 Apr 2016 Last Revised: 11 Mar 2017
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 807 (51,600)
Citation 1

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fantasy sports, fantasy sports law, gaming, gambling, gaming law, gambling law, sports law, game of skill, Marc Edelman, FanDuel, DraftKings, regulating fantasy sports, sports gambling, sports betting, poker, UIGEA, PASPA

18.

From Meerkat to Periscope: Does Intellectual Property Law Prohibit the Live Streaming of Commercial Sporting Events

Columbia Journal of Law & the Arts, Vol. 39, No. 4, 2016
Number of pages: 27 Posted: 18 Sep 2015 Last Revised: 29 Sep 2016
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 781 (53,934)

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live streaming, livestreaming, Meerkat, Periscope, copyright, intellectual property, publicity rights, broadcast rights, law, sports law, sports

19.

Antitrust and 'Free Movement' Risks of Expanding U.S. Professional Sports Leagues into Europe

Northwestern Journal of International Law & Business, Vol. 29, 2009
Number of pages: 36 Posted: 30 Apr 2009 Last Revised: 03 May 2009
Marc Edelman and Brian Doyle
City University of New York - Baruch College, Zicklin School of Business and Suffolk University Law School
Downloads 778 (54,237)

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sports, law, sports law, antitrust, international, international antitrust, global, basketball, football, Section Act, collusion, EC Treaty, Treaty of Rome, Free Movement, Article 81, Article 39, non-stutory labor exemption, Mackey, Clarett

20.

Moving Past Collusion in Major League Baseball: Healing Old Wounds, and Preventing New Ones

Wayne Law Review, Vol. 54, No. 3, 2008
Number of pages: 39 Posted: 12 Feb 2009
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 773 (54,678)

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sports, sports law, sports economics, collusion, baseball, baseball collusion, Bud Selig, steroids, Barry Bonds, Alex Rodriguez, Andre Dawson, antitrust, colelctive bargaining, labor relations

21.

A Short Treatise on College-Athlete Name, Image, and Likeness Rights: How America Regulates College Sports’s New Economic Frontier

Georgia Law Review, Forthcoming
Number of pages: 47 Posted: 04 Apr 2022
John T. Holden, Marc Edelman and Michael McCann
Oklahoma State University, City University of New York - Baruch College, Zicklin School of Business and University of New Hampshire Franklin Pierce School of Law
Downloads 762 (55,800)
Citation 1

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Sports law, publicity, right of publicity, ncaa, college sports, NIL

22.

Upon Further Review: Will The NFL's Trademark Licensing Practices Survive Full Antitrust Scrutiny? The Remand of American Needle v. National Football League

Stanford Journal of Law, Business, and Finance
Number of pages: 40 Posted: 28 Jan 2011 Last Revised: 28 Apr 2012
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 680 (64,821)

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antitrust, Sherman Act, sports, sports law, trademarks, American Needle, licensing, single entity, market power, competition, competition law

23.

Exploring College Sports in the Time of COVID-19: A Legal, Medical, and Ethical Analysis

2021 Michigan State L. Rev. 469 (2021)
Number of pages: 70 Posted: 19 Sep 2020 Last Revised: 12 Aug 2021
Marc Edelman, Thomas Baker, John T. Holden and Andrew G. Shuman
City University of New York - Baruch College, Zicklin School of Business, University of Georgia, Oklahoma State University and University of Michigan Hospitals - Department of Otalaryngology
Downloads 679 (64,963)

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COVID-19, pandemic, negligence, sports law, sports, college sports, NCAA, college football, sports business, NCAA, sports ethics, medical ethics, health, education, health law, education law, antitrust law, medical ethics

24.

Regulating Sports Gambling in the Aftermath of Murphy v. National Collegiate Athletic Association

George Mason Law Review, Vol. 26, No. 2, 2018, Baruch College Zicklin School of Business Research Paper No. 2018-10-04
Number of pages: 27 Posted: 16 Nov 2018 Last Revised: 09 Jan 2019
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 656 (67,830)

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gaming law, gambling law, sports gambling, sports law, fantasy sports, DFS, casinos, Murphy v. NCAA, NCAA, Murphy v. National Collegiate Athletic Association, Constitutional Law, Tenth Amendment

25.

College Football in the Time of COVID-19

Wisconsin Law Review Forward, 2020
Number of pages: 19 Posted: 22 Jun 2020
Thomas Baker, Marc Edelman and John T. Holden
University of Georgia, City University of New York - Baruch College, Zicklin School of Business and Oklahoma State University
Downloads 644 (69,488)
Citation 1

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COVID-19, pandemic, negligence, sports law, sports, college sports, NCAA, college football, sports business, NCAA, sports ethics, medical ethics, health, education, health law, education law

26.

The Collegiate Employee-Athlete

University of Illinois Law Review, Forthcoming
Number of pages: 46 Posted: 21 Feb 2023 Last Revised: 12 Apr 2023
Marc Edelman, Michael McCann and John T. Holden
City University of New York - Baruch College, Zicklin School of Business, University of New Hampshire Franklin Pierce School of Law and Oklahoma State University
Downloads 643 (69,629)

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sports law, employment law, labor law, antitrust law, NCAA, college sports, NLRB

27.

A Prelude to Jenkins v. NCAA: Amateurism, Antitrust Law, and the Role of Consumer Demand in a Proper Rule of Reason Analysis

Louisiana Law Review, Vol. 68, 2017
Number of pages: 18 Posted: 12 Oct 2017 Last Revised: 07 May 2018
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 608 (74,675)
Citation 1

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antitrust, Sherman Act, NCAA, National Collegiate Athletic Association, Jenkins, O'Bannon, athlete pay, wage fixing, collusion, pay for play, consumer harm, consumer demand, Rule of Reason

28.

The Future of Sexual Harassment Policies at U.S. Colleges: From Repeal of the 2011 DOE-OCR Guidelines to Launch of the #MeToo Movement on Social Media

12 Wake Forest L. Rev. Online 12 (2018), Baruch College Zicklin School of Business Research Paper No. 2018-03-03
Number of pages: 8 Posted: 09 Mar 2018 Last Revised: 26 Mar 2018
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 598 (76,231)

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Title IX, Sexual Harassment, Department of Education, Education, Higher Education, Education Law, Higher Education Law, Civil Rights, Donald Trump, #MeToo, Me Too, Sexual Violence, College Life, College Students, Constitutional Law, Harvey Weinstein, American Colleges

29.

Collectively Bargained Age/Education Requirements: A Source of Antitrust Risk for Sports Club-Owners or Labor Risk for Players Unions?

Penn State Law Review, Vol. 115, No. 2, 2011
Number of pages: 36 Posted: 23 Jul 2010 Last Revised: 09 Jun 2011
Marc Edelman and Joseph A. Wacker
City University of New York - Baruch College, Zicklin School of Business and affiliation not provided to SSRN
Downloads 592 (77,196)
Citation 1

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antitrust, antitrust law, labor, labor law, sports, sports law, NFL, NBA, age requirement, education requirement, Sherman Act, collusion, duty of fair representation, discriminatory, Clarett, American Needle, sports antitrust, collective bargaining, non-statutory labor exemption

30.

Reimagining the Governance of College Sports After Alston

Florida Law Review, Forthcoming
Number of pages: 52 Posted: 16 Sep 2021 Last Revised: 20 Sep 2021
John T. Holden, Marc Edelman, Thomas Baker and Andrew G. Shuman
Oklahoma State University, City University of New York - Baruch College, Zicklin School of Business, University of Georgia and University of Michigan Hospitals - Department of Otalaryngology
Downloads 590 (77,528)

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Alston, NCAA, Governance, College sports, Sports law

31.

Could the New Women's Professional Soccer League Survive in America? How Adopting a Traditional Legal Structure May Save More than Just a Game

Seton Hall Sports and Entertainment Law Journal, Vol. 19, p. 283
Number of pages: 27 Posted: 11 Jun 2009
Marc Edelman and Elizabeth Masterson
City University of New York - Baruch College, Zicklin School of Business and Rochester Institute of Technology (RIT)
Downloads 587 (78,036)

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sports, law, sports law, antitrust, Sherman Act, Section One, soccer, women, women's soccer, single entity, Copperweld, league structure, FIFA, WUSA, women's sports, sports economics, Mia Hamm

32.

From Student-Athletes to Employee-Athletes: Why a 'Pay for Play' Model of College Sports Would Not Necessarily Make Educational Scholarships Taxable

Boston College Law Review, Vol. 58, 2017
Number of pages: 33 Posted: 24 Feb 2017 Last Revised: 29 Sep 2017
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 574 (80,216)

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sports law, sports, law, NCAA, tax, tax law, amateurism, college athletes, student-athletes, education, education law, tax scholarships, labor law, antitrust law, athlete rights, qualified scholarship exemption, O'Bannon, sports business, college sports, federal tax

33.

Closing the 'Free Speech' Loophole: The Case for Protecting College Athletes' Publicity Rights in Commercial Videogames

65 Florida Law Review 553 (2013)
Number of pages: 34 Posted: 01 Apr 2012 Last Revised: 28 Jul 2015
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 556 (83,511)
Citation 1

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publicity rights, right of publicity, freedom of speech, First Amendment, sports law, sports, NCAA, videogames, video games, college, college athletes, student-athletes, transformative element, amateurism, avatar, likeness, image, computer

34.

A Short Treatise On Sports Gambling and the Law: How America Regulates Its Most Lucrative Vice

2020 Wis. L. Rev. (Forthcoming, Dec. 2020).
Number of pages: 83 Posted: 14 Apr 2020 Last Revised: 30 Sep 2020
John T. Holden and Marc Edelman
Oklahoma State University and City University of New York - Baruch College, Zicklin School of Business
Downloads 524 (89,853)
Citation 4

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K00, K10, K11, K19, K20, K23, K29, K30, K39, K40, K49, L50, L59, L80, L83, L89, O34

35.

The Legal Status of Fantasy Sports in a Changing Business Environment

42 Northern Kentucky Law Review 443 (2015)
Number of pages: 10 Posted: 25 Aug 2015 Last Revised: 12 Jan 2016
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 511 (92,678)
Citation 2

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sports law, gambling law, gaming law, daily fantasy sports, fantasy sports, DFS, gambling, gaming, FanDuel, DraftKings, sports gambling, UIGEA

36.

Lack of Integrity? Rebutting the Myth that U.S. Commercial Sports Leagues Have an Intellectual Property Right to Sports Gambling Proceeds

115 NYU Journal of Law & Business 1 (2018), Baruch College Zicklin School of Business Research Paper No. 2018-07-04
Number of pages: 16 Posted: 19 Jul 2018 Last Revised: 30 Nov 2018
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 503 (94,486)

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sports law, gambling law, gaming law, sports, gambling, gaming, intellectual property, sports gambling, integrity fee, sports business, trademark, copyright, patent, right of publicity, hot news, player statistics, sports statistics

37.

The NCAA, Fair Pay to Play, Antitrust Scrutiny, and the Need for Institutional Reform

Wake Forest Intellectual Property Law Journal, Forthcoming, Baruch College Zicklin School of Business Research Paper No. 2020-03-02
Number of pages: 22 Posted: 08 May 2020 Last Revised: 21 May 2020
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 433 (112,892)

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Fair Pay to Play Act, NCAA, antitrust, Sherman Act, sports, sports law, education, higher education, NIL, publicity rights, NIL rights, college sports, college basketball college football, Nancy Skinner

38.

Vaulted into Victims: Preventing Further Sexual Abuse in U.S. Olympic Sports Through Unionization and Improved Governance

61 Arizona Law Review 463 (2019). Baruch College Zicklin School of Business Research Paper No. 2018-08-05
Number of pages: 41 Posted: 28 Aug 2018 Last Revised: 19 Sep 2019
Marc Edelman and Jennifer M. Pacella
City University of New York - Baruch College, Zicklin School of Business and Indiana University, Kelley School of Business
Downloads 423 (115,992)

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whistleblowers, sports law, organizational governance, labor law, unions, sports business, retaliation, Olympics, Michigan State, Larry Nassar, USA Gymnastics

39.

Debunking the NCAA's Myth that Amateurism Conforms with Antitrust Law: A Legal and Statistical Analysis

Forthcoming, Tennessee Law Review, 2018
Number of pages: 35 Posted: 20 Nov 2017
Thomas Baker, Marc Edelman and Nicholas Watanabe
University of Georgia, City University of New York - Baruch College, Zicklin School of Business and University of South Carolina
Downloads 418 (117,718)
Citation 2

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amateurism, antitrust law, NCAA, sports law, sports economics, sports statistics, consumer demand, athlete pay, O'Bannon, Jenkins, college sports, higher education, National Collegiate Athletic Association

40.

American Needle Ruling May Have Impact in Other Areas of Sports Business

Sports Business Journal, p. 20, May 31, 2010
Number of pages: 2 Posted: 01 Jun 2010
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 396 (125,261)

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sports, antitrust, American Needle, National Football League, NFL, Sherman Act, collusion, single entity, Hon. John Paul Stevens, labor law, Copperweld

41.

How Antitrust Law Could Reform College Football: Section 1 of the Sherman Act and the Hope for Tangible Change

68 Rutgers Law Review 809 (2016)
Number of pages: 18 Posted: 22 Mar 2016
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 368 (136,017)

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NCAA, National Collegiate Athletic Association, antitrust, amateurism, sports law, college football, Sherman Act, Sherman Antitrust Act, sports, college sports, higher education

42.

The #E-Too Movement: Fighting Back Against Sexual Harassment in Electronic Sports

52 Arizona State Law Journal 1 (2020).
Number of pages: 47 Posted: 01 Dec 2019 Last Revised: 01 Jun 2020
John T. Holden, Thomas Baker and Marc Edelman
Oklahoma State University, University of Georgia and City University of New York - Baruch College, Zicklin School of Business
Downloads 346 (145,544)

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esports, harassment, sports law, gaming

43.

Monopolizing Sports Data

William & Mary Law Review, Forthcoming
Number of pages: 51 Posted: 22 Mar 2021
Marc Edelman and John T. Holden
City University of New York - Baruch College, Zicklin School of Business and Oklahoma State University
Downloads 342 (147,385)

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sports data, sports gambling, sports law, sports betting, antitrust, Sherman Act, gambling, gaming law, antitrust law, big data, data privacy, intellectual property, sports business, data antitrust, sports antitrust

44.

Sports Diplomacy at its Tipping Point: Can NBA China Survive a Culture Clash over Free Speech Norms?

Connecticut Law Review, Vol. 53(4), Forthcoming
Number of pages: 33 Posted: 08 Oct 2020
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 319 (158,712)

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Twitter, People’s Republic of China, Comparative Law, International Law, Employment Law, Hong Kong, Dipomacy, Sports Law, First Amendment, Freedom of Speech, China, Free Speech, NBA, National Basketball Association

45.

The NCAA's 'Death Penalty' Sanction - Reasonable Self-Governance or an Illegal Group Boycott in Disguise?

Lewis & Clark Law Review, Vol. 18, No. 2, 2014
Number of pages: 36 Posted: 31 May 2014 Last Revised: 24 Sep 2014
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 293 (173,569)

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sports law, sports, antitrust, sports antitrust, NCAA, death penalty, group boycott, Sherman Act, National Collegiate Athletic Association, O'Bannon

46.

A Sobering Conflict: A Call for Consistency in the Messages Colleges Send About Alcohol

Fordham Intellectual Property, Media & Entertainment Law Journal, Vol. 20, 2010
Number of pages: 30 Posted: 05 Apr 2010 Last Revised: 02 Nov 2010
Marc Edelman and David L Rosenthal
City University of New York - Baruch College, Zicklin School of Business and Rutgers, The State University of New Jersey - Rutgers Law School
Downloads 286 (178,041)

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sports, college sports, law, sports law, education law, NCAA, alcohol, education, drinking policies, antitrust, Sherman Act, binge drinking, college sports, drinking age, alcohol advertising, football, basketball, college culture, drinking age change, amateurism, NCAA

47.

Addressing the High School Hazing Problem: Why Lawmakers Need to Impose a Duty to Act on School Personnel

Pace Law Review, Vol. 25, No. 1, 2004
Number of pages: 34 Posted: 30 Oct 2008
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 284 (179,305)

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hazing, high school, duty of care, duty to act affirmatively, assumption of risk, deterrence, retribution

48.

The House that Taxpayers Built: Exploring the Rise in Publicly Funded Baseball Stadiums from 1953 Through the Present

Villanova Sports and Entertainment Law Journal, Vol. 16, 2009
Number of pages: 10 Posted: 08 Aug 2009
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 259 (196,727)

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stadium subsidies, publicly funded stadiums, sports law, sports economics, antitrust, sports, law, baseball, baseball stadiums, subsidy, monopoly

49.

How to Prevent High School Hazing: A Legal, Social, and Ethical Primer

North Dakota Law Review, Vol. 81, 2005
Number of pages: 29 Posted: 12 Nov 2008
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 238 (213,644)

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hazing, high school hazing, hazing prevention, anti-hazing law

50.

Legalized Sports Wagering in America

Cardozo Law Review, Forthcoming
Number of pages: 41 Posted: 14 Sep 2022
John T. Holden, Marc Edelman and Keith C. Miller
Oklahoma State University, City University of New York - Baruch College, Zicklin School of Business and Drake University Law School
Downloads 228 (222,788)

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Sports gambling, federalism, regulation, gaming policy, gaming, wagering

51.

In Defense of Sports Antitrust Law: A Response to Law Review Articles Calling for the Administrative Regulation of Commercial Sports

Washington and Lee Law Review, Vol. 72, No. 1, 2015
Number of pages: 18 Posted: 05 Oct 2015
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 227 (223,754)

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sports law, antitrust, antitrust law, sports antitrust, NCAA, amateurism, regulating sports, Sherman Act, collusion

52.

How to Curb Professional Sports' Bargaining Power vis-a-vis the American City

Virginia Sports & Entertainment Law Journal
Number of pages: 26 Posted: 14 Nov 2008
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 215 (235,478)

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sports, stadium, subsidies, antitrust, monopoly, prisoner's dilemma

53.

How Young American Athletes Can Best Challenge a Bureaucracy That Prevents Them from Earning a Living

DePaul Journal of Sports Law & Contemporary Problems, Vol. 9:2, 2013
Number of pages: 12 Posted: 27 Sep 2013
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 181 (275,009)

Abstract:

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sports, law, antitrust, sports law, NCAA, amateurism, NFL, NBA, age requirements, Sherman Act, National Labor Relations Act, amateurism, principle of amateurism, wage fixing, group boycott

54.

Speech: Economic Realities and Legal Issues of Professional Athletes

DePaul Journal of Sports Law & Contemporary Issues, Vol. 8:2 (2012)
Number of pages: 10 Posted: 31 Jul 2012
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 172 (287,604)

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sports, law, economics, athletes, celebrities, antitrust, labor law, collective bargaining, right of publicity, Jeremy Lin, market power, decertification, MLB, NBA, NFL, NHL, NCAA

55.

Regulatory Categorization and Arbitrage: How Daily Fantasy Sports Companies Navigated Regulatory Categories Before and After Legalized Gambling

Forthcoming 57 American Business Law Journal ___ (2020)., Baruch College Zicklin School of Business Research Paper No. 2019-09-06
Number of pages: 40 Posted: 24 Aug 2019 Last Revised: 24 Sep 2019
John T. Holden, Christopher McLeod and Marc Edelman
Oklahoma State University, Florida State University and City University of New York - Baruch College, Zicklin School of Business
Downloads 166 (296,329)
Citation 1

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Daily fantasy sports, sports gambling, regulatory arbitrage, arbitrage, gaming, categorization

56.

Exploring Gender Minorities' Bathroom Rights Under the Donald Trump Presidency

University of Louisville Law Review, Vol. 56, 2018, Baruch College Zicklin School of Business Research Paper No. 2018-03-05
Number of pages: 30 Posted: 18 Jan 2018 Last Revised: 04 Sep 2018
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 160 (305,664)

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Bathroom, Intersex, Transgender, Donald Trump, Title VII, Title IX, Americans With Disabilities Act, Gender Dysphoria, Gender Protection, Constitutional Law, Equal Rights, Equal Access, Gender Binary, Bathroom Access, Civil Rights Act, Sex Segregation

57.

A Sure Bet? The Legal Status of Daily Fantasy Sports

5 Pace Intellectual Property, Sports & Entertainment Law Forum 1 (2016)
Number of pages: 21 Posted: 22 Jun 2016 Last Revised: 10 Jul 2016
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 155 (313,994)

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sports law, gaming law, gambling law, fantasy sports, daily fantasy sports, DraftKings, FanDuel, gambling policy, gaming, gaming law, sports gambling

58.

Speech: A Different Look at Compliance in American Professional Sports: Why the NFL Personal Conduct Policy Might Be More Illegal than the Very Conduct It Seeks to Regulate

DePaul Journal of Sports Law & Contemporary Problems, Vol. 7, p. 89, 2011
Number of pages: 9 Posted: 23 May 2011
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 149 (324,477)

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59.

Has Collusion Returned to Baseball? Analyzing Whether a Concerted Increase in Free Agent Player Supply Would Violate Baseball's "Collusion Clause"

Loyola of Los Angeles Entertainment Law Journal, Vol. 24, p. 59, 2004
Number of pages: 26 Posted: 30 Oct 2008 Last Revised: 28 Apr 2009
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 141 (339,020)

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baseball, Major League Baseball, collusion, labor, antitrust, sports, sports law, sports economics

60.

Regulating Vice: What the U.S. Marijuana Industry Can Learn From State Governance of Sports Gambling

2021 University of Illinois Law Review 1051 (2021)
Number of pages: 34 Posted: 24 Sep 2020 Last Revised: 12 Aug 2021
John T. Holden and Marc Edelman
Oklahoma State University and City University of New York - Baruch College, Zicklin School of Business
Downloads 136 (348,774)

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sports betting, federalism, marijuana, tenth amendment

61.

U.S. Fantasy Sports Law: Fifteen Years after UIGEA

83 Ohio State Law Journal 117 (2022)
Number of pages: 40 Posted: 28 Nov 2021 Last Revised: 17 Jun 2022
Marc Edelman, John T. Holden and Adam Wandt
City University of New York - Baruch College, Zicklin School of Business, Oklahoma State University and John Hay College of Criminal Justirce
Downloads 133 (354,769)

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fantasy sports, sports gambling, sports law, fantasy sports law, cybersecurity, tax law, fantasy sports tax, antitrust, sports antitrust, fantasy sports regularion, KYC

62.

Can Antitrust Law Save the Minnesota Twins? Why Commissioner Selig's Contraction Plan Was Never a Sure Deal

Sports Lawyers Journal, Vol. 10, 2003
Number of pages: 20 Posted: 14 Nov 2008
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 133 (354,769)

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antitrust, contraction, baseball, Curt Flood Act

63.

Global Sports Leagues and China's Free Speech Problem

95 Tul. L. Rev. 821 (2020-2021)
Number of pages: 49 Posted: 20 Oct 2020 Last Revised: 13 Sep 2021
Thomas Baker, Marc Edelman and John T. Holden
University of Georgia, City University of New York - Baruch College, Zicklin School of Business and Oklahoma State University
Downloads 117 (390,191)

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Free speech, labor law, sport law, policy

64.

College Athletics: The Chink in the Seventh Circuit's 'Law and Economics' Armor

117 Michigan Law Review Online 90 (2019), Rutgers Law School Research Paper
Number of pages: 14 Posted: 26 Feb 2019 Last Revised: 12 Nov 2019
Michael A. Carrier and Marc Edelman
Rutgers Law School and City University of New York - Baruch College, Zicklin School of Business
Downloads 114 (397,576)

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NCAA, College Sports, Antitrust, Amateurism, Student-Athletes, Rule of Reason

65.

Single-Entity Status Must Pass Legal Test

Sports Business Journal, p. 24, 2008
Number of pages: 1 Posted: 06 Jan 2010
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 106 (418,894)

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sports, antitrust, Clayton Act, Section 7, merger, acquisition, competition, labor market, ticket prices, geographic market, product market

66.

From 'Too Small to Notice' to 'Too Big to Fail': The Rapid Growth of Daily Fantasy Sports and DFS Efforts to Change Illinois Gambling Laws

DePaul Law Review, Vol. 66, No. 1, 2016
Number of pages: 10 Posted: 27 Apr 2017
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 97 (445,283)

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fantasy sports, daily fantasy sports, gaming, gambling, gaming law, gambling law, sports law, game of skill, Marc Edelman, FanDuel, DraftKings, DFS, Illinois

67.

Fan Ownership Can Give UFL a Leg Up on Building Loyalty

Sports Business Journal, p. 28, August 27, 2007
Number of pages: 1 Posted: 05 Jan 2010
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 87 (477,024)

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sports, sports marketing, sports law, public shareholders, loyalty, football, competition

68.

A Strike Against Diamond Diplomacy

Sports Business Journal, p. 30, December 2005
Number of pages: 1 Posted: 01 Jan 2010
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 75 (520,749)

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sports, baseball, Cuba, embargo, diamond diplomacy, sports law, Communism

69.

Chartering the Future of Intercollegiate Athletics at the City University of New York -- A Legal, Ethical, and Financial Case Study

Virginia Sports & Entertainment Law Journal, Forthcoming
Number of pages: 46 Posted: 22 Jun 2020
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 72 (532,838)

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college sports, education, education law, sports law, amateurism, NCAA, CUNY, City University of New York, athletics, fitness, UNESCO, name, image, likeness

70.

Bleeding by the Numbers: Rush Versus Corbett

The Pharos (Alpha Omega Alpha Honor Medical Society), Autumn 2014
Number of pages: 8 Posted: 02 Jun 2017
Andrew G. Shuman, Marc Edelman and Joseph Fins
University of Michigan Hospitals - Department of Otalaryngology, City University of New York - Baruch College, Zicklin School of Business and Weill Cornell Medical College
Downloads 69 (545,251)

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Libel, Defamation, Medical, Medical Libel, Medical Defamation, Professional Libel, Legal History, Torts, First Amendment, Journalism, Media, Medicine

71.

Clarett's Run into Court No Sure Score

Sports Business Journal, September 2003
Number of pages: 1 Posted: 01 Jan 2010
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 69 (545,251)

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sports, law, sports law, antitrust, age requirements, education requirements, Maurice Clarett, Sherman Act, collusion, sports antitrust

72.

The NCAA's Agent Certification Program: A Critical and Legal Analysis

Harvard Journal of Sports and Entertainment Law, 11 (2), 2020
Number of pages: 28 Posted: 27 May 2020 Last Revised: 11 Jun 2020
Marc Edelman and Richard T. Karcher
City University of New York - Baruch College, Zicklin School of Business and Eastern Michigan University
Downloads 68 (549,575)

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NCAA, sports agent certification, legal authority, antitrust law, sports law, labor law, private association law, Sherman Act

73.

MLB Owners Missed Golden Opportunity (History of Major League Baseball's ‘Neutral’ Commissioner

Sports Business Journal, p. 28, February 18, 2008
Number of pages: 1 Posted: 09 Feb 2010
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 68 (549,575)

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Major League Baseball, sports, baseball, law, sports law, commissioner, commissioner's power, Bud Selig, Kennesaw Mountain Landis

74.

Redesigning U.S. Intercollegiate Athletics to Better Conform with UNESCO’s Best Practices in Student Affairs

Journal of Legal Aspects of Sport, 2019, 29, 186 – 196, Baruch College Zicklin School of Business Research Paper No. 2019-07-06
Number of pages: 11 Posted: 21 Jul 2019 Last Revised: 22 Aug 2019
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 66 (558,251)

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college athletics, amateurism, NCAA, UNESCO, student athlete, education, student affairs, antitrust, labor law, United Nations, education law

75.

Assessing the Department of Education’s Proposed 2018 Revisions to its Regulations under Title IX of the Education Amendments Act

Wake Forest Journal of Law & Policy (2019), Baruch College Zicklin School of Business Research Paper No. 2019-01-03
Number of pages: 13 Posted: 08 Jan 2019 Last Revised: 17 Jan 2019
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 61 (580,811)

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education law, Title IX, sexual misconduct, education, education amendments act, due process, school personnel, school liability, Donald Trump, Betsy DeVos, MeToo, sexual harassment, college

76.

Baseball’s Anticompetitive Antitrust Exemption

Boston College Law Review, Forthcoming
Number of pages: 46
Marc Edelman and John T. Holden
City University of New York - Baruch College, Zicklin School of Business and Oklahoma State University
Downloads 52

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Baseball, antitrust, stare decisis, anticompetitive

77.

Promoting College Athletes' Rights Through Economic Reform: A Healthy Confluence of Free Market Capitalism and Social Justice

91 UMKC L. Rev. 717 (2023)
Number of pages: 9 Posted: 01 Jun 2023
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 38 (710,056)

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college sports, college athletes rights, NCAA, NIL, capitalism, social justice, racial justice, free markets, antitrust, labor law