Business Law Paper

Term Paper Option


Choosing to do a term paper is entirely optional; indeed, most students do not choose to write a paper. Page 10 of 19 Fall 2019 BUL4310 Syllabus- Robert Emerson The Term Paper To be eligible, a student must first submit an outline by Tues., Sept. 10. That outline must be approximately 150 to 250 words long, with an indication of at least three sources (e.g., Internet sites, books, court cases, newspaper stories) you have found and may use. The outline is not graded.



A well-stated thesis – understandable? What is the author (the student) trying to do? 5 pts. Analysis of Topic – 40 pts.

Clarity of Paper – 10 pts.

Strong Conclusion? (Has the author attempted to prove anything? IF so, given the brevity of the paper, has he/she been successful) – 10 pts.

Writing, Spelling, Punctuation – 20 pts. (See the tips on pages 13-15. You will receive fewer points on your paper for grammatical mistakes, especially ones that I specifically advise against on pages 13-15).

Sources – Quality and Number (the author should cite at least nine different sources, unless there is an understandable reason – the sources should be of different types, and most should be recent in origin whenever practical and appropriate for the paper) – 15 pts.


As stated above, the outline is not graded. Only the term paper is graded. My expectation is that most persons undertaking this assignment will do a good or very good job, and I will give out most grades in the low-B to mid-A range. The emphasis in grading will be on the research and the substance of the paper. However, poor grammar, bad spelling, incoherent sentences, and other problems of “style” will lead to a lower grade. Also, while writing more than 2,800 words will NOT lead to a penalty (you won’t be rewarded either!), writing less than 2,200 words likely will be penalized. Furthermore, reliance on only a few sources (inadequate citation of sources) will lead to a lower score. Ordinarily, a paper should have at least nine different sources. (In rare instances, that may be unfeasible; ask ahead of time if you are concerned.)


Law sources for your paper can be found from many avenues – FindLaw, Justia, Cornell Law School digital library, Lexis-Nexis (this one is available in the digital databases for the UF Libraries) and many others. The term paper gives you much flexibility to write on almost anything related to business law. UF’s Teaching Center has a writing studio that provides assistance. The URL is Or see There are walk-in meetings, appointments, phone call facility and online resources. It is on the 3rd floor of Library West. Also, the College’s Career and Academic Peer (CAP) Mentor program ( ) sometimes helps students with written work, especially related to professional writing, such as personal statements and cover letters.


Term Paper Outline (submitted September 10)


Summary of Case:

· Former UCLA Athlete sued EA Sports and NCAA for unauthorized use of his likeness and antitrust a

· He claimed that NCAA amateurism policy was anticompetitive.

· He stated that it violated the Sherman Act

Case History:

· EA Sports settled out of court

· O’Bannon won a trial verdict against the NCAA

· The Ninth Circuit affirmed the decision in part and the Supreme court denied cert

My Analysis:

· Should athletes be paid upon cost of living?

Final Section:

· Since the Supreme Court did not take this case which means the case wasn’t nationwide. Does it make it fair? Student Athletes have the ability to operate differently depending on what state they are living in.



Schaefer, Joseph W, NCAA Division I Transfers “are now basically screwed”, Buffalo Law Review 66 (2018) Column 481-556


O’Bannon v. NCAA (2014)

Note: This case come from the Ninth Circuit Court of Appeals


Boliek, Babette, The Potential Reach of Obannon v. NCAA, Mississippi Sports Law Review 5 (2015) Column 28-42


Comments on outline: Remember to have at least nine different sources. Don’t overlook the information in the syllabus on pages 9-11;15 about being thorough in the citations (footnotes) and, more generally, a number of writing tips. Also, the grading rubric and information on the word count and plagiarism are on page 11 of the syllabus. Overall, your outline looks good. Please make sure to focus some on the state of affairs currently, and, if at all possible, offer your opinion. Elaborate, but DON’T just make the paper read like a long magazine article or general description. Be sure to use at least nine different sources for your final paper.


What I have so far:

O’Bannon v NCAA





In 2009 Ed O’ Bannon sued the EA Sports and the National Collegiate Athletic Association (NCAA) for appropriating his likeness. The EA Sports used O’Bannon’s image for a video game but without permission from O’Bannon himself. The lawsuit was against NCAA for violating the Sherman Act and his right of publicity. O’Bannon was a former collegiate basketball player for University of California Los Angeles (UCLA) and was rewarded as the NCAA Basketball Tournament Most Outstanding Player of the year in 1995. In the NCAA Basketball 09 edition of the EA Sports video game, the organization was specifically referring to O’Bannon’s success on the court as well as using his face and playstyles.


Procedural History


These are the most important facts of the case; they should include the parties involved, what

happened and how the case got to this point (the procedural history: who’s suing who? What

happened in the lower court? Who is appealing?)



This is the question presented for the court to answer. This will usually be a question about how

the law is/was applied to the case and whether it was done correctly This should be in the form

of a question. In many cases the issue will also correspond with why a person is appealing



This explains how the court should apply the relevant rule of law. This does NOT mean the

ruling in the case. This section should explain how the court is supposed to apply the law to

answer the question in the issue



In this section of the brief you will explain how the applied the law and reached its decision in

the case. This should connect the rule of law explained in the previous section to the facts of the




How the court answered the question in the issue and how the court ruled in the case


Topics for extra words (relates to class)

Dispositive vs persuasive evidence



Schaefer, Joseph W, NCAA Division I Transfers “are now basically screwed”, Buffalo Law Review 66 (2018) Column 481-556


O’Bannon v. NCAA (2014)

Note: This case come from the Ninth Circuit Court of Appeals


Boliek, Babette, The Potential Reach of Obannon v. NCAA, Mississippi Sports Law Review 5 (2015) Column 28-42


McCann, Michael. “In Denying O’Bannon case, Supreme Court leaves future of amateurism in limbo” Sports Illustrated, October 3, 2016,


Heitner, Darren. “NCAA Loses Ed O’Bannon Case Along With Theory Of Amateurism” Forbes, 9 August, 2014,


McIntyre, Jason, “Compensation is All-American: Former College Football Star Chris Spielman’s Case Against His Alma Mater and How It Could Affect the NCAA’s Amateurism Rules” Pace Law Reviews 39 (2018) Column 481-510

Note: Summary of O’Bannon case p. 494. When talking about the future, talk about this case and how this case plays out. It is similar and uses the Obannon case (precedence). It is also filled under the Sixth Circuit court compared the Ninth for Obannon. This means that the result of the court mind come out different than in the case with O’bannon.


O’Toole, Taylor, “Equity and Amateurism: How the NCAA Self-Employment Guidelines are Justified and Do Not Violate Antitrust Law Comments” Penn State Law Review 123 (2018) Column 247-276

Note: Elements of the Sherman Act Antitrust Act Violation (p. 255)


Lodge, Alexander, “Who’s Afraid of the Big Bad NCAA? The Ed O’Bannon v. NCAA Decision’s Impact on the NCAA’s Amateurism Model” Journal of Corporation Law 41 (2015) Column 775-794

Note: 782-784 for Procedural History

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