Posts Tagged ‘sports’

Can Congress compel states to ban things?

The Supreme Court’s “anti-commandeering” doctrine holds that the federal government lacks authority under the Constitution simply to order state governments to implement federal programs or act affirmatively in other ways. Did Congress overstep this bound when it enacted the Professional and Amateur Sports Protection Act of 1992 (PASPA), a federal statute that with some exceptions forbids states to “authorize” sports gambling “by law”? That question has come up in a case in which New Jersey sought to repeal some of its old gambling laws. [Ilya Shapiro and David McDonald on Cato’s amicus brief participation supporting New Jersey’s petition for Supreme Court review in Christie v. NCAA et al.]

Higher education roundup

  • Colleagues demand Oregon law prof resign over Hallowe’en costume [Paul Caron/TaxProf; Eugene Volokh (“We have reached a bad and dangerous place in American life, and in American university life in particular.”)] Title IX and expression: “What the feds have done to colleges and schools” [Hans Bader, Minding the Campus]
  • Institutional review boards (IRBs) “as a rule are incredibly difficult to study…. There is no public record of their decision or deliberations, they don’t, as a rule, invite scrutiny or allow themselves to be observed.” [Dr. Steven Joffe quoted by Tyler Cowen]
  • “An emphasis on intersectionality”: mandatory diversity course for first-years at AU now has course description [earlier] “U-M’s New ‘Chief Diversity Officer’ Will Collect $385,000 per Year” [Derek Draplin, Michigan Capitol Confidential]
  • “Plaintiffs’ Bar Steps Up Profitable False Claims Act Assault on Higher Education” [U.S. Chamber Institute for Legal Reform]
  • Notwithstanding initial wave of critical coverage, Will Creeley says PEN report on campus speech is actually pretty good [FIRE] “Student group at Cal State Northridge boasts of ‘shutting down’ speech by award-winning scholar” [Volokh; Armenian students vs. Ataturk lecture]
  • On question whether universities must treat student athletes as employees, NLRB “may be battling for field position” with future ruling in mind [Brennan Bolt, McGuire Woods]

Cato panel on the Games That Must Not Be Named

On Wednesday I took part in a panel discussion on the intellectual property issues associated with media commentary on the Olympics, which enjoy a distinctively favorable IP regime: a 1978 federal law gives the U.S. Olympic Committee stronger rights over the word “Olympics” than it would get under ordinary trademark law, including wider scope to go after parody and other situations that will sometimes arguably be fair use. Other panelists include Cato’s Julian Sanchez and Jim Harper, and the moderator was Cato’s Kat Murti. The audience Q&A included a question from noted media law attorney Paul Alan Levy. You can watch here:

August 17 roundup

  • Upcoming evening panel on the Olympics and aggressive trademark/copyright policing, with Jim Harper, Julian Sanchez, and me, Kat Murti moderating [at Cato, August 24]
  • “We are drowning in law.” New reform project from Philip K. Howard’s Common Good [Take-Charge.org]
  • “Extremely Rare Deadly Balloon Tragedy Leads to Familiar Calls for More Regulation” [Scott Shackford, Reason]
  • FTC, reversing its administrative law judge, asserts widened authority over data security practices in LabMD case [James Cooper, earlier here, etc.]
  • Baltimore police matters, gerrymandering, historic preservation and more in my latest Maryland roundup at Free State Notes;
  • “Shark-Attack Lawsuit Raises Interesting Questions, Like What Were You Doing in the Ocean to Begin With” [Lowering the Bar]

Mention the Olympics at your peril

Unless you’ve bought an official sponsorship, for your business to so much as mention the upcoming Olympics on social media “can be like doing the 100-yard dash through a minefield.” The rules warn non-sponsors not to “create social media posts that are Olympic themed… or congratulate Olympic performance” even if you have sponsored individual hopefuls, wish luck, use phrases like “go for the gold” or “let the games begin,” report Olympic results, host Olympic-themed team-building exercises for your employees, or “share anything from official Olympics social media accounts. Even retweets are prohibited.” [AdWeek]

Why they can’t sell you Derby Pie

On the menu this week at your local restaurant or bakery, you might notice cute wordings like “Famous Horse Race Pie,” “Kentucky Bourbon Chocolate Nut Pie,” or even “We’re Not Allowed To Call This Derby Pie.” In a Cato podcast with colleague Caleb Brown, I explain why, and also mention in passing the aggressive enforcement of the Super Bowl trademark.

One reaction: anti-IP libertarian theorist Stephan Kinsella takes issue with several things I say in the podcast and in particular deplores my intended tone of neutral description of trademark law; he contends that a better position would be to challenge the legitimacy of trademark law and of intellectual property law generally, a view some libertarians have taken.

Schneiderman to fantasy sports companies: get out of New York

“After a month-long investigation, New York State Attorney General Eric Schneiderman is sending cease-and-desist letters to DraftKings and FanDuel — essentially banning the two sites from operating in New York. Schneiderman feels that they are illegal gambling sites, rather than offering games of skill as both companies argue.” [Neal Ungerleider/Fast Company, David Marcus/Federalist, earlier]

More: “I challenge you to a fantasy football duel, Eric Schneiderman” [Paul McPolin, New York Post]