OA709: The Law of “March Madness!”

Today, Liz and Andrew take a break from the world of politics (except for Patrons) to bring you the history and law surrounding “March Madness,” including whether it was legal to fill out your bracket and how the NCAA approaches its trademarks. Along the way, we’ll learn how the current right-wing Supreme Court is going to use a gambling decision to further its activist agenda. If you like basketball — and even if you don’t! — you won’t want to miss it!

The Patreon bonus is all about Jenna Ellis and Trump’s legal team, and Liz brings the funny.

Notes
NBC Sports, History of March Madness
https://www.nbcsports.com/bayarea/where-did-march-madness-name-come

NCAA Trademarks
https://www.ncaa.org/sports/2013/12/2/ncaa-trademarks.aspx

15 U.S.C. § 1125
https://www.law.cornell.edu/uscode/text/15/1125

Kizzang lawsuit
https://dlbjbjzgnk95t.cloudfront.net/0899000/899955/https-ecf-insd-uscourts-gov-doc1-07315826374.pdf

Mitchell Stabbe
https://www.broadcastlawblog.com/2023/03/articles/march-madness-and-advertising-use-of-ncaa-trademarks-2023-update-part-1/

NCAA Brackets guidelines
https://www.ncaa.com/_flysystem/public-s3/images/2021/10/12/2021-22_Use_of_NCAA_Championship_Brackets_and_Limits_on_Advertising.pdf

28 U.S.C. § 3701 et seq.
https://www.law.cornell.edu/uscode/text/28/part-VI/chapter-178

49 U.S. Code § 41713
https://www.law.cornell.edu/uscode/text/49/41713

Murphy v. National Collegiate Athletic Association, 138 S. Ct. 1461 (2018)
https://scholar.google.com/scholar_case?case=6336903476694992840

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OA153: March Madness on Yodel Mountain

Today’s episode takes an in-depth look at the recent FBI investigation into NCAA basketball.

First, though, the guys take another trip to Yodel Mountain, stopping at base camp to discuss Michael Rogers, Hope Hicks, Jared Kushner, Rick Gates, and everyone’s favorite villain, Paul Manafort.

During the main segment, Andrew and Thomas cover the recent expose by Yahoo regarding college basketball coaches allegedly paying for top talent.  What does this mean for the future of the  sport right before March Madness?   Listen and find out!

After that,  we revisit the funniest lawsuit in recent memory, namely, Bob Murray of Murray Energy’s defamation lawsuit against John Oliver, which we first covered back in Episode 84.

Finally, we end with the answer to Thomas Takes the Bar Exam Question #65 about an overzealous Eli Bosnick disciple who accidentally poisoned a meat-eater.  Don’t forget to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

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Show Notes & Links

  1. Here is the link to the New York Times story about Adm. Michael Rogers’s testimony.
  2. This is the superseding indictment filed against Gates and Manafort.
  3. This is the Yahoo story on the FBI probe into the NCAA. and these are the NCAA bylaws.
  4. We first discussed the Murray Energy lawsuit in Episode 84 and the amicus brief filed by Jamie Lynn Crofts (“the best legal brief ever written”) in Episode 93.

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