Since the U.S. Court of Appeals for the Ninth Circuit handed down their decision in O’Bannon v. NCAA, the discussions surrounding college athletes’ name, image, and likeness have come to the forefront, and rightfully so. As such, a former University of Central Florida football player, Jah Reid (not to be confused with Jah Rule, of course) sued the university’s athletic department — formally referred to as the UCF Athletics Association (“UCFAA”). His attorney filed a complaint with the Orange County (FL) Circuit Court on May 12. Additionally, Reid named Rise and Conquer LLC (“Rise and Conquer”) as a defendant. Scott Frost, UCF’s Head Football Coach, serves as Rise and Conquer’s de-facto CEO, according to online records.
Read MoreOff the field, 2017 is not looking any better on Ezekiel Elliott than 2016 did. While partaking in Dallas' St. Patrick's festivities this past weekend, he reaches over to the woman next to him and pulls down her shirt, exposing her breast. He did not stop there, though. Again, he proceeded to attempt the move for a second time, but she batted his hand away from her.
It is irrelevant whether this woman wanted to show other people her breasts in public, and it is irrelevant whether this woman decided to hang out with him later in the day. What does matter is that Zeke grabbed her shirt and showed her breast to the world and then proceed again in a second attempt, evidently without her consent either time as she quickly pulled up her shirt the first time and slapped his hand away the second time.
Based on the evidence made public thus far, this woman could have a misdemeanor assault or battery claim against Elliott. Each state expresses its own essential elements for what constitutes assault and battery whether it be a misdemeanor or criminal charge, but the general idea is consistent across the board.
Read MoreEverything from Parts 1, 2, and 3 come together here and now. Heck, maybe I have even convinced you already that eSports is positively a "sport" merely by exposing you to the basics of this relatively new activity that is still in its infancy. Let's dive into the nitty gritty argument, though, because this is what us lawyers like to do. Plus, I genuinely believe that every sports fan should be open to learning about eSports and hear this out:
Read MoreHere we go with Part 3 in this four-part argumentative series. The eSports competition structure is quite different from traditional sports, though there are certainly parallels that raise it to an equivalent level. In my opinion, I believe that traditional sports could actually learn something from the eSports structure. So, to illustrate the last bit of facts before advancing my argument as to why eSports is a sport by applying facts to the definition's elements, I will break it down into two pieces: (1) the league structure, and (2) the overall business structure.
Read MoreAs promised, Part 2 & Part 3 in this series outline facts about eSports and the community across the globe. There is a lot of information I could relay here, but I will break it up into two parts to ease you into this side of the debate. eSports is more than meets the eye on the surface. A particular type of game demonstrates that, as you will see below:
What is eSports?
In general terms, eSports is competitive video gaming. There are single-player games in addition to multiplayer games, there are teams for the multiplayer games, and there are different game consoles players can use (e.g., Xbox, desktop computer). Players and viewers come from both genders, though the ratio is terribly lopsided. Most notably, the variety of game structures can be categorized into a few genres so that players know what to expect from the game and can master a particular type of game..
Read MoreWhat is the definition of a "sport" (as a noun referring to a game rather than a person, obviously)? Is there one mutually agreed upon definition? Oh, gosh no.
For example, the Cambridge dictionary defines "sport" as "a game, competition, or similar activity, done for enjoyment or as a job, that takes physical effort and skill and is played or done by following particular rules." The Oxford dictionary takes it a little further, defining "sport" as "an activity involving physical exertion and skill in which an individual or team competes against another or others for enjoyment." Merriam-Webster kind of makes it a two-parter, stating that it is "a contest or game in which people do certain physical activities according to a specific set of rules and compete against each other" but also provides a lesser definition of "a physical activity (such as hunting, fishing, running, swimming, etc.) that is done for enjoyment."
Different organizations worldwide have their own take on the word's meaning, too. The Australian Sports Commission says a sport is "a human activity capable of achieving a result requiring physical exertion and/or physical skill, which, by its nature and organization, is competitive and is generally accepted as being a sport." England's Charities Act of 2006 contains a pretty broad definition, stating that a sport is "sports or games which promote health by involving physical or mental skill or exertion." Moreover, the European Sports Charter says "all forms of physical activity which, through casual or organised participation, aim at expressing or improving physical fitness and mental well-being, forming social relationships or obtaining results in competition at all levels" are sports.
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