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

SCHOLARLY PAPERS

44

DOWNLOADS
Rank 576

SSRN RANKINGS

Top 576

in Total Papers Downloads

28,669

CITATIONS
Rank 22,965

SSRN RANKINGS

Top 22,965

in Total Papers Citations

12

Scholarly Papers (44)

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 5,186 (696)

Abstract:

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 1,476 (4,542)

Abstract:

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.

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 1,336 (9,297)
Citation 1

Abstract:

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

4.

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 1,091 (3,086)

Abstract:

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

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 1,059 (12,934)

Abstract:

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

6.

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 948 (14,538)
Citation 2

Abstract:

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

7.

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 822 (21,583)
Citation 1

Abstract:

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

8.

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 727 (12,878)

Abstract:

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

9.

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 684 (21,474)
Citation 1

Abstract:

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

10.

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 625 (27,927)
Citation 1

Abstract:

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

11.

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 616 (27,074)
Citation 1

Abstract:

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

12.

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 536 (24,353)

Abstract:

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

13.

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 534 (18,083)

Abstract:

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

14.

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 532 (35,939)

Abstract:

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

15.

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 479 (37,402)
Citation 1

Abstract:

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

16.

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 474 (41,668)

Abstract:

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

17.

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 451 (35,765)

Abstract:

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

18.

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 380 (51,495)

Abstract:

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

19.

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 371 (49,029)

Abstract:

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

20.

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 355 (63,774)
Citation 2

Abstract:

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

21.

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 Law School
Downloads 225 (93,104)

Abstract:

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

22.

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 197 (106,339)

Abstract:

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

23.

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 182 (111,077)

Abstract:

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

24.

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 163 (129,830)

Abstract:

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

25.

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 151 (50,393)

Abstract:

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

26.

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 150 (143,152)
Citation 1

Abstract:

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

27.

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 130 (159,840)

Abstract:

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

28.

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 116 (179,703)

Abstract:

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

29.

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 104 (162,604)

Abstract:

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

30.

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 100 (204,160)

Abstract:

antitrust, contraction, baseball, Curt Flood Act

31.

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 97 (186,455)

Abstract:

32.

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 90 (212,629)
Citation 1

Abstract:

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

33.

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 75 (249,023)

Abstract:

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

34.

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 59 (277,990)

Abstract:

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

35.

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 51 (43,626)

Abstract:

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

36.

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 50 (299,544)

Abstract:

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

37.

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 49 (310,121)

Abstract:

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

38.

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 47 (310,121)

Abstract:

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

39.

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: 38 Posted: 24 Feb 2017
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 0 (205,534)

Abstract:

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

40.

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: 44 Posted: 27 Aug 2016
Marc Edelman
City University of New York - Baruch College, Zicklin School of Business
Downloads 0 (89,488)

Abstract:

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

41.

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 0 (243,397)

Abstract:

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

42.

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 0 (55,365)

Abstract:

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

43.

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 0 (90,521)

Abstract:

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

44.

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 0 (179,703)

Abstract:

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