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2011 Annual Survey: Recent Developments in Sports Law 695 (2011)

handle is hein.blasports/ansrvds0022 and id is 1 raw text is: 











                              SURVEY

          2011   ANNUAL SURVEY: RECENT
          DEVELOPMENTS IN SPORTS LAW

                            INTRODUCTION

    This survey covers sports-related cases that were decided between January
1 and December  31, 2011. It does not include every sports-related decision.
Instead, it includes brief summaries of a wide range of cases that impact the
industry so as to provide insight into the growth of the field thus far and to
highlight recent sports law developments. To help the reader navigate, the
survey is divided into sections based on specific areas of sports law addressed
in each case.

                         ADMINISTRATIVE  LAW

    Administrative law concerns the various activities engaged in by federal,
state, and local government agencies. These actions include everything from
rulemaking to the enforcement  of various regulatory schemes. Although
administrative law touches on relatively few sports law cases, the following
case illustrates administrative law concerns that result directly from the
increased media coverage of major sports events.

                           CBS Corp. v. FCCI

    The petitioner television broadcasting company sought review of orders of
the respondent Federal  Communications  Commission   (FCC)  imposing  a
monetary forfeiture under 47 U.S.C.S. § 503(b) for the broadcast of indecent
material in violation of 18 U.S.C.S. § 1464 and 47 C.F.R. § 73.3999. The
sanctions stemmed  from the petitioner's live broadcast of a Super Bowl
Halftime Show,  which resulted in the exposure of a bare female breast on
camera, an  act that lasted nine-sixteenths of one second. The petitioner
transmitted the image over public airwaves, resulting in punitive action by the
FCC.  The  petitioner challenged the FCC orders on constitutional, statutory,
and public policy grounds.


   1. 663 F.3d 122 (3d Cir. 2011).

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