OA709: The Law of "March Madness!" (Patreon)

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.

This is a paid post on Patreon and was released early for Patrons.

NotesNBC Sports, History of March Madnesshttps://www.nbcsports.com/bayarea/where-did-march-madness-name-come

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

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

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

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

NCAA Brackets guidelineshttps://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 § 41713https://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