Recently published scholarship

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Published, Spring-Summer-Fall 2014-2017: 

Amicus Brief:  

Brief for Amici Curiae Ryan M. Rodenberg, Anastasios Kaburakis, and John T. Holden, in support of petitions for writ of certiorari

(March 14, 2014)

In the Supreme Court of the United States

Chris Christie, Governor of New Jersey, et al., Petitioners v. National Collegiate Athletic Association, et al. Respondents, No. 13-967 (U.S. 2014)  

New Jersey Thoroughbred Horsemen’s Association, Inc. Petitioners v. National Collegiate Athletic Association, et al. Respondents, No. 13-979 (U.S. 2014)

Stephen M. Sweeney, President of the New Jersey Senate, et al., Petitioners v. National Collegiate Athletic Association, et al. Respondents, No. 13-980 (U.S. 2014) 

Journal Articles:

 


Published, Spring-Summer-Fall 2013: 


Published, Spring-Summer-Fall 2012:

Journal Articles:

Book Chapters:


Published, Fall 2011:

Journal Articles:

Book Chapter:

Trilogy wrap

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Approximately nine years since a fateful meeting in a doctoral student’s office at Indiana University Bloomington, when the seeds were planted for this research stream, it is necessary and somewhat fulfilling to reminisce and reflect on the collaborative work that has taken place. I feel truly fortunate to have run into the research questions graduate students and I handled back then, and immensely grateful for the opportunity to serve conscientious and inquisitive young minds, while developing an empirical legal studies’ line of inquiry, which yields several useful contributions to both scholarship and practice.

Quite a bit has happened since those early days of the initial examination of NCAA student-athletes’ rights of publicity, the use of their likenesses in video games, and the various claims the three participants in that fall 2004 meeting and several coauthors in ensuing work forecasted. After some fundamental intellectual property theory and NCAA amateurism concepts’ analysis and presentations between the time of the initial meeting and the spring of 2009, in an eerie twist of fate, as the first paper from this stream was under review, the first case (Keller) was in fact filed, in May 2009. Weeks later the first part of our trilogy was published, and a few weeks subsequent to our first publication from this stream the O’Bannon complaint followed. Our research team continued working along this intellectual property and empirical legal research stream, and in the fall of 2011 we were happy to receive our second article’s acceptance.

Finally, almost four years since the commencement of the research investigation focusing on video-games’ consumer surveys and NCAA student-athletes likenesses, we have closure. This last paper marks the final part of our trilogy, encompassing the 2009 intellectual property theory piece, the 2012 student-athlete survey empirical article, and the latest manuscript featuring the consumer survey, published this spring. In the process there were a few interesting procedural lessons and insight gained (more analysis on academic research and third-party subpoenas, unretained experts, and scholars rights, will ensue in forthcoming scholarship).

Through a research stream that took about a decade to develop, delivering what we hope will be meaningful contributions to practice, scholarship, and thinking about these issues, we certainly learned a lot. We were intrigued to see these questions come up in litigation, research extensions by colleagues (initial publication citations’ link here), and policy reform movements within the NCAA membership. There surely is a lot more work ahead, and it will be truly fascinating to observe such developments in months and years ahead. 

What did we learn from all this? A brief summary follows:

Sports Law Analytics

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1) Current research projects cited in recent Chronicle of Higher Education and ESPN articles. Also recent entry in the Sports Law Blog.

2) Good friend and colleague Dr. Ryan Rodenberg, fellow traveler in professional service and academic contributions, as well as several empirical legal scholarship journeys, and I co-authored “Sports Law Analytics“, published in the Institute for Operations Research and the Management Sciences (INFORMS) Analytics online journal, May-June 2011. A podcast on it is available as well.

In Progress

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Presentations

  • Kaburakis, A., Potuto, J., Katz, R., and Hilbert, R.(2010). Amateurism Compliance, 21st Century Law, Intellectual Property and Student-Athletes’ Rights of Publicity, institutional promotions, marketing, and commercial activity.
    2010 National Association for Athletics Compliance Annual Conference as part of the National Association of Collegiate Directors of Athletics Annual Convention,
    Anaheim, California – June 21-22, 2010
    Continuing Legal Education (CLE) credits session
  • Yakovee, V. & Kaburakis, A. (2010). International Risk Management Considerations for the Global Sports Lawyer.
    36th Annual Sports Lawyers Association Conference
    , Phoenix, Arizona – May 20-22, 2010
    CLE credits session
  • Kaburakis, A., Miller, K, Dahlberg, E, and Patel, S. (2010). Science, Law, Policy and Inclusion leading to the London Olympics. Changing Perspective: Gender in Sport Competition.
    Ithaca
    College Conference on Law, Policy and the Olympic Movement, London, England – May 13-15, 2010
  • Sharp, L. & Kaburakis, A. (2010). The National Letter of Intent: A Contract Analysis.
    2010 College Sport Research Institute Scholarly Conference,
    University of North Carolina at Chapel Hill – April 21-23, 2010
  • Kaburakis, A., Kposowa, A., Paule, A., and Glyniadaki, A. Race, ethnicity, and the globalization of sports: stories of college athletes.
    (under review)
  • Kaburakis, A. Sport talent, labor migration, and the adventures of youth. A comparative analysis of the Junichi Tazawa and Brandon Jennings cases.
    (under review)
  • Kaburakis, A., Grady, J., Clavio, G., and Pierce, D. Delineating the Boundaries of Marketing Innovation Versus 21st Century Intellectual Property Theory in the Entertainment & Sports Industry.
    (under review)

Journal Articles

  • Kaburakis, A., Sharp, L., and Pierce, D. Integrating fields in Sport Law: Using the O’Brien v Ohio State University case to teach principles of Contract Law, NCAA Compliance, and International Arbitration.
    (under review)
  • Pierce, D., Lawrence, H., and Kaburakis, A. Creating Synergy between Athletics Compliance and Academic Programs. Student Workers in the Compliance Office.
    (under review)

Journal articles in press

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  • Kaburakis, A., Pierce, D., Fleming, O., Clavio, G., Lawrence, H., and Dziuba, D. “It’s in the likeness”. NCAA Student-Athletes’ Rights of Publicity, EA Sports, and the video-game industry. The Keller forecast.
    Entertainment and Sports Lawyer
    (American Bar Association’s Forum on the Entertainment and Sports Industries) (in press)
  • Pierce, D., Kaburakis, A., and Fielding, L. The New Amateurs: The National Collegiate Athletic Association’s Application of Amateurism in a Global Sports Arena.
    International Journal of Sport Management
    (in press)
  • Kaburakis, A. Litigation opportunism, or systemic change de jure?
    The ongoing legal war and impending crucial battles that may change the NCAA… or confirm its unique position in the world of sport.
    World Sports Law Report
    (in press)