Darren Heitner

In light of recent social justice movements, sports team nicknames have been placed under a larger microscope than possibly any time before now. Discussions surrounding team names have recently prompted at least two professional organizations—the Washington Football Team and Cleveland Guardians—to move away from racially-insensitive names. These franchises were not the first sports entities to change their name and they will certainly not be the last. This Essay seeks to provide a… Show more

In light of recent social justice movements, sports team nicknames have been placed under a larger microscope than possibly any time before now. Discussions surrounding team names have recently prompted at least two professional organizations—the Washington Football Team and Cleveland Guardians—to move away from racially-insensitive names. These franchises were not the first sports entities to change their name and they will certainly not be the last. This Essay seeks to provide a short
guide of the legal considerations for changing a team’s name. Show less

There already exist education and broadcasting agencies, energy and science agencies and foreign investment agencies. Why not create an agency or commission solely focused on the regulation of sport-related issues? It could fit squarely within the U.S. Department of Health and Human Services, where an agency titled, “President’s Council on Fitness, Sports and Nutrition” already exists.

This Article argues that the language in each of the major U.S. professional sports league’s CBAs should be amended, through negotiation and perhaps concessions made by players, to deter teams and their owners from restraining athletes from competing professionally if such misconduct is truly occurring. Part I uses the Federal Antitrust laws to illustrate how parties customarily prove collusion and demonstrates how the four major U.S. professional sports leagues have the authority to create… Show more

This Article argues that the language in each of the major U.S. professional sports league’s CBAs should be amended, through negotiation and perhaps concessions made by players, to deter teams and their owners from restraining athletes from competing professionally if such misconduct is truly occurring. Part I uses the Federal Antitrust laws to illustrate how parties customarily prove collusion and demonstrates how the four major U.S. professional sports leagues have the authority to create their own rules and procedures through a collective bargaining effort. Part II analyzes and differentiates the procedure and criteria for proving collusion under each league’s CBA. Part III discusses the grievances players and players associations have filed alleging collusive behavior. Finally, Part IV describes the policy implications and issues with the current grievance structure in major U.S. professional sports. Show less

The article discusses a bullying case in the National Football League (NFL) between Richie Incognito and Jonathan Martin. The incident raises questions regarding the fairness of the “conduct
detrimental to the league” and “conduct detrimental to the team” clauses (detrimental conduct clauses) of the new Collective Bargaining Agreement (CBA). Specifically, the article explores whether these detrimental conduct clauses are overly broad and considers whether the appeals process sufficiently… Show more

The article discusses a bullying case in the National Football League (NFL) between Richie Incognito and Jonathan Martin. The incident raises questions regarding the fairness of the “conduct
detrimental to the league” and “conduct detrimental to the team” clauses (detrimental conduct clauses) of the new Collective Bargaining Agreement (CBA). Specifically, the article explores whether these detrimental conduct clauses are overly broad and considers whether the appeals process sufficiently protects the rights of NFL players. Show less

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This article discussed the connection between copyright law and tattoos, an art form that has not commonly been thought of as a highly protected type of intellectual property under the Copyright Act of 1976. The issue of existence and control of tattoo intellectual property has started to make its appearance in multiple federal district courtrooms across the U.S.; however, thus far all cases have settled before proceeding to trial. As a result, legal precedent informing potential litigants… Show more

This article discussed the connection between copyright law and tattoos, an art form that has not commonly been thought of as a highly protected type of intellectual property under the Copyright Act of 1976. The issue of existence and control of tattoo intellectual property has started to make its appearance in multiple federal district courtrooms across the U.S.; however, thus far all cases have settled before proceeding to trial. As a result, legal precedent informing potential litigants about the merits of their cases has yet to be firmly established. This article attempts to fully explain the applicability of the Copyright Act to the tattoo industry by highlighting the claims and affirmative defenses that the respective parties may assert in litigation. Show less

The article, Jay Z Has 99 Problems, and Being a Sports Agent May Be One, takes a look at Jay Z's history of successful business ventures and seeks to analyze the impact that his newest venture, Roc Nation Sports, will have on the sports agent industry for years to come.

As of the publication of this Note, many readers will be well aware of the existence of concussion litigation currently pending across the United States of America, but most may have only focused or known about said litigation against the National Football League ("NFL")filed by the former NFL players and their spouses as plaintiffs. However, many of those same players have also filed suit against Riddell, the official helmet manufacturer of the NFL. The purpose of this Note is to shed light on… Show more

As of the publication of this Note, many readers will be well aware of the existence of concussion litigation currently pending across the United States of America, but most may have only focused or known about said litigation against the National Football League ("NFL")filed by the former NFL players and their spouses as plaintiffs. However, many of those same players have also filed suit against Riddell, the official helmet manufacturer of the NFL. The purpose of this Note is to shed light on the pending litigation against Riddell, which will naturally include discussion about the claims made against the NFL, because these two defendants have been joined together in multi-district litigation. Show less

In and around the Mercedes-Benz Superdome, brands will be craving and capturing the attention of spectators in New Orleans and elsewhere. Just outside and adjacent to the Mercedes-Benz Superdome is the Benson Tower, a 26-story building owned by Tom Benson, owner of the New Orleans Saints and the NBA’s New Orleans Hornets. According to Eric Smallwood, Senior Vice President at Front Row Marketing Services, the Benson Tower has received and is expected to receive a total of $1,648,943 in… Show more

In and around the Mercedes-Benz Superdome, brands will be craving and capturing the attention of spectators in New Orleans and elsewhere. Just outside and adjacent to the Mercedes-Benz Superdome is the Benson Tower, a 26-story building owned by Tom Benson, owner of the New Orleans Saints and the NBA’s New Orleans Hornets. According to Eric Smallwood, Senior Vice President at Front Row Marketing Services, the Benson Tower has received and is expected to receive a total of $1,648,943 in branding value from exterior patron and traffic view, as well as the television broadcast panning the skyline during the game and pre-game show on CBS.

Inside the stadium, brands will receive attention from those who paid the price to attend the game and the rest of the world watching the Super Bowl on TV. If they are not obstructed for NFL partners (Smallwood notes that they were not hidden on Media Day) then Smallwood projects that each sponsor will receive $506,667 of branding value, which includes brand value from the fans inside the stadium and any exposure picked up from the TV broadcast. Those sponsors include Ochsner Health System, Coca-Cola, Allstate, Whitney Bank, Peoples Health, Verizon, and Bud Light. Verizon and Bud Light are also NFL partners. Show less

The Journal's lead article, An Offer They Should Refuse: Why Conflicts of Interest Raised by Dual Representation among Player Agents is a Major Threat to the NCAA and Professional Leagues, examines the plethora of conflicts of interest that Player Agents deal with each and every day. To remedy the ambiguity in dealing with these conflicts, the Authors suggest adoption of portions of the Model Rules of Professional Conflict.

The article dispenses background information about the various types of social media, discusses how social media can be used, both in the courtroom and for other legal purposes, provides strategies for introducing information obtained through social media into evidence, examines the ethical and legal concerns raised by social media and its uses, and presents suggestions for further study.

By hiring and firing coaches at an ever increasing rate, many college athletic administrators have abandoned key management principals that have been the foundation of business success for decades.

Baker, Heitner, Broçard and Byon, in their article Football v. Football, analyze agent regulation in the NFL and compare it to how agents are regulated in France for Ligue 1. The article begins with a brief discussion on the concept of a sports agency that includes analysis of governmental regulation of agency in both the United States and in France. The article continues by exploring how agents are regulated in their representation of the NFL and Ligue 1 football players. Subsequently the… Show more

Baker, Heitner, Broçard and Byon, in their article Football v. Football, analyze agent regulation in the NFL and compare it to how agents are regulated in France for Ligue 1. The article begins with a brief discussion on the concept of a sports agency that includes analysis of governmental regulation of agency in both the United States and in France. The article continues by exploring how agents are regulated in their representation of the NFL and Ligue 1 football players. Subsequently the article concludes with a discussion that includes suggestions concerning future agent regulation for both the NFL and Ligue 1. Show less

Under the current NCAA rules, the intercollegiate athletes are the only stakeholders not benefiting from their relationship with the NCAA.

Facebook has revolutionized the way that people communicate and do business by providing an open and connected environment for individuals and businesses alike. This openness has largely contributed to both its popularity and success. However, enjoying the openness of this revolutionary platform may come at an unexpected cost, especially for those who do not understand how the website’s content may be used as evidence in a lawsuit. Darren Heitner demonstrates how content published on a… Show more

Facebook has revolutionized the way that people communicate and do business by providing an open and connected environment for individuals and businesses alike. This openness has largely contributed to both its popularity and success. However, enjoying the openness of this revolutionary platform may come at an unexpected cost, especially for those who do not understand how the website’s content may be used as evidence in a lawsuit. Darren Heitner demonstrates how content published on a person’s Facebook account may be discoverable for the purposes of litigation, even when the information sought is unavailable through Facebook’s privacy settings. Show less

The article, In Baseball's Best Interest?: A Discussion of the October 2010 MLBPA Regulations Governing Player Agents, argues that the Major League Baseball Players Association (MLBPA) Regulations Governing Player Agents (as Amended Effective October 1, 2010) are well intentioned, but unenforceable and not in the best interests of MLB players.

Have Some Standards: How The Sports Agent Profession Should Be Effectively Regulated, discusses the lack of state enforcement of sports agent laws. We propose a federal licensing system and self-regulation of the profession.

Ashley De Walt of FusionSports introduced me to a new iPhone/iTouch/iPad app called, The Official Ray Lewis Workout (RL52). I do not have an iPhone or an iPad (yet), and I actually acquired my first iTouch only a few months ago. Besides consuming my day playing Words With Friends (my username is “heitner”), I really love the device. I had been looking for some good apps to add to my collection, which made Ashley’s email catch my attention (in addition to the fact that I am a workout freak).

The Plight of PASPA: It's Time to Pull the Plug on the Prohibition, argues that the Professional and Amateur Sports Protection Act of 1992, which denies 46 states from adopting any type of state-sponsored sports betting scheme, has an outdated purpose and is in violation of the Tenth Amendment and Commerce Clause within the United States Constitution.

Duties of Sports Agents to Athletes and Statutory Regulation Thereof, argues that student-athletes should have a statutory right to enforce the duties of sports agents, all sports agents should have to be licensed under a federal registration system, and that there is a need for a self-regulatory commission of sports agents to help weed out the unscrupulous agents who do not fulfill their duties in the representation and solicitation of any athlete.

An Athlete's Guide to Agents, Fifth Edition is designed to better prepare athletes and their families to screen, select, and work with an agent. It teaches families about the importance of sports agents and allows athletes and their families to be active participants instead of handing all power away to a sports agent upon signing an agency contract.

The article, Closing the Cam Newton Loophole, a Sweeping Suggestion, discusses the emerging Cam Newton style “pay to play” scenario. The paper outlines the current regulatory schemes available to police NCAA athletes, their family/friends and prohibited athlete-agent conduct, explains why current NCAA legislation fails to deter athlete-agents from recruiting scholar athletes while they are still amateurs, introduces the reader to a concept known as the “Cam Newton Loophole” and provides the… Show more

The article, Closing the Cam Newton Loophole, a Sweeping Suggestion, discusses the emerging Cam Newton style “pay to play” scenario. The paper outlines the current regulatory schemes available to police NCAA athletes, their family/friends and prohibited athlete-agent conduct, explains why current NCAA legislation fails to deter athlete-agents from recruiting scholar athletes while they are still amateurs, introduces the reader to a concept known as the “Cam Newton Loophole” and provides the reader with a factual background of the Heisman Trophy winner’s time as a scholarly athlete, presents the reader with discussion and analysis regarding recent scandals where notable NCAA athletes received impermissible benefits, and unveils the authors’ proposed solution to deter individuals from engaging in the above-referenced prohibited conduct that violates the NCAA’s principle of amateurism. Show less