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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