Academic and Administrative Appointments and Employment

MATTHEW J. MITTEN

Academic and Administrative Appointments and Employment

Marquette University Law School, Milwaukee, Wisconsin

Professor of Law and Executive Director, National Sports Law Institute, August 1999- Present; Director, LL.M. in Sports Law Program for Foreign Lawyers, February 2007-present; Associate Dean for Academic Affairs, July 1, 2002 - June 30, 2004

Courses: Amateur Sports Law, Professional Sports Law, Sports Sponsorship Legal and Business Issues Workshop, Torts, Antitrust Law

University of Melbourne Law School, Melbourne, Victoria, Australia

Senior Fellow, 2006, 2008, 2010, and 2013

Course: United States Sports Law

University of Barcelona Law School, Barcelona, Catalonia, Spain

Course: International Sports Law (June 2006)

University of Queensland School of Law, Brisbane, Queensland, Australia

Course: Comparative Sports Law (July 2002)

South Texas College of Law, Houston, Texas

Professor of Law, April 1994 - August 1999; Associate Professor of Law, April 1992 - April 1994; Assistant Professor of Law, January 1990 - April 1992

Courses: Antitrust Law, Amateur Sports Law, Professional Sports Law,

Sports Law Seminar, Torts

Teaching Honors: 1997 Vinson & Elkins Faculty Award for Excellence in Teaching, Scholarship, and Service

University of Toledo College of Law, Toledo, Ohio

Visiting Assistant Professor of Law, Summer 1992

Course: Legal Ethics and Professional Responsibility

University of Tennessee Graduate School of Medicine, Knoxville, Tennessee

Visiting Lecturer in Sports Medicine, Spring 1994

Law Firm Employment

Kilpatrick & Cody (now Kilpatrick townsend LLC), Atlanta, Georgia

Associate, August 1984 - December 1989

Practice Concentration: Intellectual Property; Antitrust and Trade Regulation;

Commercial Litigation.

Education

J.D., Magna Cum Laude, University of Toledo College of Law, 1984

Order of the Coif; Phi Kappa Phi; Law Review Note and Comment Editor

B.A., Economics, The Ohio State University, 1981

President's Award for Academic Achievement; College of Arts and Sciences Award for Academic Achievement; Dean's List

Certificate, Mediation Training, A. A. White Dispute Resolution Institute, Houston, TX, 1992

Professional Activities and Memberships

Member, Georgia Bar, November 1984-present

President (May 2015-present) and Member, Board of Directors (May 2003-present), Sports Lawyers Association

Arbitrator, Court of Arbitration for Sport, Lausanne, Switzerland, May 2007-present; Arbitrator, CAS ad hoc Division, 2014 Sochi Winter Olympic Games

Arbitrator, American Arbitration Association Commercial Arbitration Panel, May 2009-present

Arbitrator, AAA/USADA Doping Arbitration Panel, May 2007-present

Arbitrator, Ladies Professional Golfers Association’s Drug Testing Arbitration Panel, July 2008-present

Arbitrator, International Institute for Conflict Prevention and Resolution Sports Arbitration Panel (December 2015-April 2017) and Commercial Law Panel (April 2016- April 2017)

Advisory Board, Sports & Society Initiative, The Ohio State University College of Arts and Sciences, October 2015-present

Advisory Board, International Committee of “Rivista di Diritto Sportivo, Rome, Italy, November 2016-present

International Advisory Board, Graduate Diploma in Sport Law Program,

University of Melbourne Law School, January 2006-December 2016

Advisory Board, The International Sports Law Journal, December 2016- present

Editorial Board, The International Sports Law Journal, March 2013-November 2016

Council Member, International Sports Law Academy, June 2015-present

Advisory Board, Doing Away with Foul Play in Sports Marketing, May 2010-present

Member, Advisory Board for the NCAA Scholarly Colloquium on College Sports, October 2006-January 2011

Member, Editorial Board, Journal of Intercollegiate Sport, January 2007- January 2011

Chair, National Collegiate Athletic Association’s Committee on Competitive Safeguards and Medical Aspects of Sports, Sept. 2002-July 2005 (committee member from Aug. 1999- July 2005)

Board of Governors, St. Thomas More Lawyers Society of Wisconsin, November 2004-October 2007

Member, American Heart Association Task Force, Recommendations and Considerations Related to Preparticipation Screening for Cardiovascular Abnormalities in Competitive Athletes (2005)

Member, American Heart Association’s 36th Bethesda Conference: Recommendations for Determining Eligibility for Competition in Athletes with Cardiovascular Abnormalities (2004)

Chair, American Association of Law Schools Section on Law and Sports, January 2000-January 2001

Delegate, Marquette University Law School, American Association of Law Schools House of Delegates, 1999-2000

Law School Representative, Marquette University Academic Senate, August 2000-August 2002

Member, Marquette University Committee on Research, August 2016-present

Marquette University Athletic Director Search Committee, Fall 2011

Member, Marquette University Committee on Gender Equity in Athletics,

August 2000-December 2003

Advisory Board, The Sports Law Reporter (Juris Publications, Inc.)

Editorial Board, Sports Medicine Digest (Lippincott Williams & Wilkins)

Member, American Bar Association Antitrust Law, Entertainment and Sports Law, and Legal Education Sections

Articles Editor, Texas Entertainment and Sports Law Journal 1995-99

Member, American Heart Association’s 26th Bethesda Conference: Recommendations for Determining Eligibility for Competition in Athletes with Cardiovascular Abnormalities (1994)

Publications

Books

Sports Law and Regulation: Cases, Materials, and Problems (Aspen/Wolters Kluwer 2005, 2d. ed. 2009, 3d. ed. 2013, 4th ed. 2017) (co-authored with Timothy Davis, Rodney Smith, and Jeremi Duru) and corresponding Teachers Manual

Sports Law: Governance and Regulation (Wolters Kluwer 2013, 2d. ed. 2016) (co-authored with Timothy Davis, Ken Shropshire, Barbara Osborne, and Rodney Smith) and corresponding Teachers Manuals

Sports Law in the United States (Wolters Kluwer 2011, 2d. ed. 2014, 3d. ed. 2017) (also published as USA Sports Law monograph in the International Encyclopedia of Laws/Sports Law)

Monographs

USA Sports Law, International Encyclopedia of Laws/Sports Law (Wolters Kluwer 2011 and May 2014 update)

Law Review Articles and Essays

The Russian Doping Scandal: Collective National Responsibility v. Individual Athlete Justice, (forthcoming 2017)

Why and How the Supreme Court Should Have Decided O’Bannon v NCAA, 62 Antitrust Bull. 62 (2017) (peer reviewed and solicited symposium contribution)

Comparing NCAA and Olympic Athlete Eligibility Dispute Resolution Systems in Light of Procedural Fairness and Substantive Justice, 7 Harv. J. Sports & Ent. L. 1 (2016) (with Potuto, Josephine (Jo) R.)

Around the Diamond and Outfield: Nine Baseball Cases Defining and Limiting the Right of Publicity That Establish a Judicial Paradigm, 5 Miss. Sports L. Rev. 21 (2015)

Seventh Circuit and Wisconsin Sports Law Jurisprudence, 25 Marq. Sports L. Rev. 207 (2014)

The Court of Arbitration for Sport’s Jurisprudence: International Legal Pluralism in a World Without Boundaries, 30 Ohio St. J. on Disp. Res. 1 (2014) (reprinted in CAS Bulletin 2/2014)

A Regulatory Solution to Better Promote the Educational Values and Economic Sustainability of Intercollegiate Athletics, 92 Ore. L. Rev. 837 (2014) (with Stephen F. Ross) (symposium contribution)

Symposium Transcript—Amateurism and the Future of the NCAA, 3 Miss. Sports L. Rev. 1 (Fall 2013)

The Sports Broadcasting Act of 1961: A Comparative Analysis of its Effects on Competitive Balance in the NFL and NCAA Division I FBS Football, 39 Ohio Northern U. L. Rev. 745 (2013) (with Aaron Hernandez) (symposium contribution)

The NCAA’s Unprecedented Disciplinary Action Against Pennsylvania State University: Its Coercive Means Don’t Justify the Laudable Ends, But Is There A Legal Remedy?, 41 Pepp. L. Rev. 321 (2014) (symposium contribution)

From Dallas Cap to American Needle and Beyond: Antitrust Law’s Limited Capacity to Stitch Consumer Harm From Professional Sports Club Trademark Monopolies, 86 Tul. L. Rev. 901 (2012) (selected for republication in the Int'l Prop. L. Rev. (Thomson Reuters (West Group) 2013) as one of the best intellectual property law review articles published in 2012) (Mandarin reprint in Civil and Commercial Law Review)

A Review of Post-PGA Tour, Inc. v. Martin Legal Developments Regarding the Participation Rights of Disabled Athletes, 4 J. Intercollegiate Sport 101 (2011) (peer reviewed)

American Needle v NFL: U.S. Professional Clubs Are Separate Economic Threads When Jointly Marketing Intellectual Property, International Symposium on Sports Law, Proceedings of the 60th Congress of the International Association of Legal Science, Istanbul, Turkey, May 13, 2010 (forthcoming), available at http://ssrn.com/abstract=1645364

“Sports Law”: Implications for the Development of International, Comparative, and National Law and Global Dispute Resolution, 85 Tul. L. Rev. 269 (2010) (with Hayden Opie) (translated into Mandarin and republished in 56 TheCivil andCommercial Law Review 355 (2014)

Targeted Reform of Commercialized Intercollegiate Athletics, 47 San Diego L. Rev. 779 (2010) (with James L. Musselman and Bruce W. Burton)

Commercialized Intercollegiate Athletics: A Proposal for Targeted Reform Consistent With American Cultural Forces and Marketplace Realities, 2 J. Intercollegiate Sport 202 (2009) (with Bruce W. Burton and James L. Musselman) (peer reviewed)

Judicial Review of Olympic and International Sports Arbitration Awards: Trends and Observations, 10 Pepperdine Dispute Resolution J. 51 (2009) (symposium contribution)

Rules Limiting Athletic Performance or Prohibiting Athletic Participation for Health Reasons: Legal and Ethical Considerations, 2 J. Intercollegiate Sport 99 (2009) (peer reviewed)

Athlete Eligibility Requirements and Legal Protection of Sports Participation Opportunities, 8 Va. Sports & Ent. L. J. 71 (2009) (with Timothy Davis)

Baseball: An Illustration of How Professional Sports Are Structured, Internally Governed, and Legally Regulated in the USA, 9 The Journal of Comparative Law (Dongguk University) 141 (2008) (symposium contribution)

A TriplePlay For The Public Domain: From Delaware Lottery to Motorola to C.B.C., 11 Chapman L. Rev. 569 (2008) (symposium contribution)

Drug Testing of Athletes—An Internal, Not External, Matter, 40 New Eng. L. Rev. 797 (2006) (symposium contribution)

Team Physicians as Co-Employees: A Prescription That Deprives Professional Athletes of an Adequate Remedy for Sports Medicine Malpractice, 50 St. Louis Univ. L. J. 211 (2006) (symposium contribution)

Protection of Sports-Related Trademarks and Athletes’ Publicity Rights in the United States, 1 Huaqiao Univ. L. Rev. 90 (2005) (symposium contribution)

New Remedies For Breach of Sports Facility Use Agreements: Time For Marketplace Realism, 88 Iowa L. Rev. 809 (April 2003) (with Bruce W. Burton)

Emerging Legal Issues in Sports Medicine: A Synthesis, Summary, and Analysis, 76 St. John’s L. Rev. 5 (2002)

Applying Antitrust Law to NCAA Regulation of “Big Time” College Athletics: The Need to Shift From Nostalgic 19th and 20th Century Ideals of Amateurism to the Economic Realities of the 21st Century, 11 Marq. Sports L. J. 1 (Fall 2000) (solicited article)

Dedication, Henry J. Bourguignon, Professor of Law, 31 Univ. of Toledo L. Rev. 182 (Winter 2000)

Enhanced Risk of Harm to One’s Self as a Justification for Exclusion from Athletics, 8 Marq. Sports L.J. 189 (1998) (solicited article)

Forward, Sports Law as a Reflection of Society's Laws and Values, 38 So. Tex. L. Rev. 999 (1997) (solicited article)

Professional Sports Franchise Relocations From Private Law and Public Law Perspectives: Balancing Marketplace Competition, League Autonomy, and the Need for a Level Playing Field, 56 Md. L. Rev. 57 (1997) (with Bruce W. Burton)

University Price Competition for Elite Students and Athletes: Illusions and Realities, 36 So. Tex. L. Rev. 59 (1995) (solicited article)

Team Physicians and Competitive Athletes: Allocating Legal Responsibility for Athletic Injuries, 55 U. Pitt. L. Rev. 129 (1993)

AIDS and Athletics, 3 Seton Hall J. Sport Law 5 (1993) (solicited article)

Amateur Athletes With Handicaps or Physical Abnormalities: Who Makes the Participation Decision?, 71 Neb. L. Rev. 987 (1992)

Swallowing the Key to Lock-up Options: Mobil Corp. v. Marathon Oil Co., 14 U. Tol. L. Rev. 1055 (1983)

Book or Treatise Chapters

The Sports Broadcasting Act of 1961 and its Effects on Competitive Balance in the NFL in New Prospects of Sports Law 107-125 (The Publication Committee of Festschrift for Professor Dr. Kee-Young Lee YEUN on the Occasion of His 60th Birthday) (2013)

American Needle Inc v NFL, Landmark Cases and Decisions in Sports Law 239-253 (Jack Anderson, ed.) (TMC Asser Press/Springer-Verlag, 2013)

The Coach and the Safety of Athletes: Ethical and Legal Issues, The Ethics of Coaching Sports: Moral, Social, and Legal Issues 215-233 (Robert L. Simon, ed.) (Westview 2013)

Athlete Eligibility Requirements and Legal Issues (with Timothy Davis), Handbook on International Sports Law 223-257 (James A. R. Nafziger & Stephen F. Ross, eds.) (Edward Elgar Publishing 2011)

The Law and Sports Medicine in Principles and Practice of Primary Care Sports Medicine (Garrett, Kirkendall, and Squire eds.), Lippincott Williams & Wilkins (2001)

Medicolegal Issues, Chap. 19, in The Athlete and Heart Disease: Diagnosis, Evaluation, and Management (Williams ed.), Lippincott Williams & Wilkins (1999)

Medicolegal Issues, in Current Review of Sports Medicine, 2d ed., Chap. 16 (R.J. Johnson and J. Lombardo eds.), Butterworth Heinemann, (1998)

Legal Considerations in the Evaluation of the Athlete, Chap. 31, in Sudden Cardiac Death in the Athlete (N.A. Estes, III ed.), Futura Publishing Co., Inc. (1998)

Liability of Sports Medicine Providers and Related Entities, in Law of Professional and Amateur Sports, Chap.14A (G.A. Uberstine ed.), Clark Boardman, Ltd. (1994 and 1997 revision)

Medical Malpractice Liability of Sports Medicine Care Providers for Injury to or Death of an Athlete, 33 A.L.R. 5th 619 (1995)

Licensing the Marks of the Franchise -- Rights of the Franchise in the Marks (Chapter 5 IV); Protecting the Marks of the Franchise by Proper Use and Quality Control (Chapter 6); Use of the Marks of the Franchise by the Franchisee Resulting in Liability to the Franchisor (Chapter 9) in The Franchise Trademark Law Handbook (American Bar Association 1994)

Medical Journal Articles

Eligibility and Disqualification Recommendations for Competitive Athletes With Cardiovascular Abnormalities: Task Force 15: Legal Aspects of Medical Eligibility and Disqualification Recommendations: A Scientific Statement From the American Heart Association and American College of Cardiology. 66 Circulation 2448 (with Barry J. Maron, M.D., et al.) (December 1, 2015) available at http://circ.ahajournals.org/content/132/22/e346.full

Assessment of the 12-Lead Electrogram as a Screening Test for Detection of Cardiovascular Disease in General Healthy Populations of Young People, 64 Circulation 1479 (with Barry J. Maron, M.D., et al.) (October 7, 2014)

Return-to-Play Decisions: Are They the Team Physician’s Responsibility?, 21 Clinical Journal of Sports Medicine 25 (January 2011) (with Gordon Matheson, MD, et al.)

Legal Issues Arising Out of Blood Testing for Human Growth Hormone, 1 Drug Testing and Analysis 433 (2009) available online at (www.drugtestinganalysis.com) DOI: 10.1002/dta.57 and at http://ssrn.com/author=586273.

Legal Liability in Covering Athletic Events, 1 Sports Health: A Multi-Disciplinary Approach 84 (with Eric Quandt, JD and John Black, JD) (2009)

Recommendations and Considerations Related to Preparticipation Screening for Cardiovascular Abnormalities in Competitive Athletes, 115 Circulation 1643 (with Barry J. Maron, M.D., et al.) (2007)