Sunday April 20, 2014

School of Law

Law Review

North Dakota Law Review
University of North Dakota
School of Law
P.O. Box 9003
Grand Forks, ND 58202-9003

Editor in Chief:
(701) 777-2272
Law Review Office:
(701) 777-2941
Administrative Assistant:
(701) 777-2282

Sports Law Symposium

Sports Law Symposium

North Dakota Law Review Sports Law Symposium

Friday, April 8, 2011

University of North Dakota School of Law, Baker Courtroom

ND CLEs: 4.5 hours
MN CLEs: 4.5 hours (Standard)

Video on the symposium

Schedule of Events

9:00 a.m.


Kathryn Rand, Dean, University of North Dakota School of Law -

9:10 - 9:35 a.m.

Introduction and Sports, Photography, Television and Intellectual Property
Professor Eric E. Johnson – UND School of Law - Intro & Prof. Johnson - audio (mp3)

Presentation followed by 10 minutes of Q & A

9:40 a.m.

Owners and Agents in Professional Sports

Panel Participants:

Carla Christofferson – Attorney and Co-owner of the Los Angeles Sparks - audio (mp3)

Matt Striegel – NFLPA Certified Contract Advisor - audio (mp3)

Panel moderator:
Professor Eric E. Johnson, UND School of Law - audio (mp3)

Presentations followed by 15 minutes of Q & A

10:35 a.m.

10:50 a.m.


Steroids in Sports

Panel Participants:

Professor Daniel Gandert – Northwestern University School of Law - audio (mp3)

Fabian Ronisky – Attorney and Co-founder and Manager of World Series of Music

Dr. William Haug, Jr. – Sports Medicine Physician, Altru Health System - audio (mp3)

Panel moderator:
Dr. Jon Jackson, Professor, UND School of Medicine and Health Sciences - audio (mp3)

Presentations followed by 15 minutes of Q & A

11:40 p.m. 

1:00 - 1:40 p.m.







1:45 - 2:45 p.m.

Lunch on Your Own

Legal Issues with Sporting Facilities

Panel Participants:

Arline Schubert – Attorney and Instructor - audio (mp3)

Gene Allen – Attorney and former Corporate Counsel and VP of TCF Bank - audio (mp3)

Panel moderator:
Professor Joshua P. Fershee, UND School of Law - audio (mp3)

Presentations followed by 10 minutes of Q & A


Native American Nicknames in Sports

Panel Participants:

Professor Joseph Hylton – Marquette Law School -- audio (mp3)

Grant Shaft – Attorney and Vice President of State Board of Higher Education - audio (mp3)

Dr. Robert Boyd - Special Assistant to the President as Transition Officer - audio (mp3)

Panel moderator:
Professor Joshua P. Fershee, UND School of Law - audio (mp3)

Presentation followed by 15 minutes of Q & A by moderator and attendees


Presenter Biographies

Carla Christofferson


Carla Christofferson

Carla Christofferson is the Managing Partner of the Los Angeles office of O'Melveny & Myers LLP, the Firm's largest office, and a member of the Business Trial and Litigation Practice. She is recognized as a leader both within the Firm and in the greater Los Angeles community.

During her 20-year career, Christofferson has represented a major multinational petroleum company in numerous matters, including multiple individual and class actions resulting from an oil spill, ongoing litigation with the federal and state governments related to resource damages, and an ongoing dispute related to a natural gas reservoir. Additionally, she has represented a national retail grocery chain in various matters involving unfair business practices claims, as well as Proposition 65 claims. In the entertainment sector, Christofferson has handled litigation involving multi-million dollar intellectual property rights for both a major motion picture studio and independent film companies.  

In addition to her legal practice, Christofferson has played a vital role in the leadership of O'Melveny, overseeing the development of training, mentoring, evaluation, and recruiting programs as the Talent Development Partner from 2004 to 2006; serving on the Firm's five-attorney Executive Committee; and acting as the Firm's National Hiring Partner. She currently is a member of the Firm's Policy Committee and its Values Award Committee.

Outside of O'Melveny, Christofferson is the co-owner of the Los Angeles Sparks WNBA franchise, which she bought in 2006 after years as a season tickets holder. Christofferson also serves as a board member of several nonprofit organizations, including the Los Angeles Library Foundation, High Tech Los Angeles and is a member of the United Way Women Leaders.

Christofferson has been recognized for her community service and professional achievements over the years. She was named the 2010 "Litigator of the Year" by the Century City Bar Association, as one of the "Top Women Litigators" by the Daily Journal in 2008 and 2009, and as one of the "100 Most Influential Lawyers in California" by the Daily Journal in 2008. She also has received numerous awards, including the University of North Dakota Young Alumni Award in 2007, the "I Have a Dream"® Foundation Dream Keeper Award in 2009, the California Women's Foundation Trailblazer Award in 2009, the Junior League Women in Leadership Award in 2008, Urban Economic Summit Living History Award in 2008 and the Anti-Defamation League Deborah Award in 2010.

Christofferson grew up in a small town in North Dakota, eventually representing the state as Miss North Dakota in 1989, the same year she earned a B.A. in Communications from the University of North Dakota. She received her J.D. from Yale Law School in 1992 and clerked for US District Court Judge William Matthew Byrne Jr. before joining O'Melveny full time in 1993.

Matt Striegel


Matt Striegel

Matt Striegel is an NFL Agent at Ascent Sports & Entertainment located in Boulder, CO. Ascent is comprised of 6 attorneys and has been around for over 40 years. The firm has represented NFL Hall-of-Famers and Heisman Trophy Winners including Eric Dickerson, Rod Smith, Tony Boselli, Randall McDaniel, Irving Fryar, Christian Okoye, and Craig "Ironhead" Heyward among many others. Ascent currently represents around 50 active NFL players including Jay Ratliff (All-Pro DT – Dallas), Sammy Morris (RB – New England), Daniel Graham (TE – Denver), Tyler Brayton (DE – Carolina), Jason Hanson (K – Detroit), Justin Bannan (DT – Denver), and Matt Slauson (OG – New York Jets).

Matt is an NFLPA Certified Contract Advisor and is licensed to practice law in Colorado. He received his law degree, with honors, from the University of North Dakota in 2006, where he was also elected law school President. Prior to attending law school, Matt played cornerback and wide receiver at Highland Community College (KS), North Dakota State University, and Lane College (TN). Matt graduated, with honors, from Lane College in Jackson, Tennessee, in 2002.

Prior to joining Ascent, Matt worked as an attorney at the law firm of Ritsema and Lyon, P.C. in Denver, Colorado, where he represented employers and professional sports teams in various legal matters. He is a frequent guest lecturer at Universities and Law Schools focusing on NFL Agent Representation and NFL Contracts. Matt's football experience, coupled with his broad legal knowledge, makes him an excellent advocate and advisor for NFL football players.

Eric E. Johnson


Eric E. Johnson

Eric E. Johnson teaches Torts, Intellectual Property, Media & Entertainment Law, Sports Law, and Antitrust, Bankruptcy & Consumer Law. His primary scholarship interests are intellectual property and entertainment law. Two projects of Professor Johnson's, Copysquare and Konomark, are designed to encourage the sharing of copyrighted works on the internet. Another project of Professor Johnson's is the Museum of Intellectual Property, which is on display inside UND's Thormodsgard Law Library.

Professor Johnson received his J.D. from Harvard Law School in 2000, where he was a member of the Board of Student Advisers and an instructor in legal reasoning and argument. He received his B.A. from the Plan II program at the University of Texas at Austin in 1994.

After law school, Professor Johnson was an associate in the litigation and intellectual-property litigation practices at Irell & Manella in Los Angeles, where his clients included Paramount, MTV, CBS, Touchstone, Immersion Corporation, and the bankruptcy estate of At Irell, Johnson's matters included claims of patent infringement in the video-game industry, copyright infringement of a television series, breach of a motion-picture director's contract, and breach of a profit-participation clause in a television executive-producer's contract. Professor Johnson later became in-house counsel to Fox Cable Networks in Los Angeles, drafting and negotiating deals for Fox Sports Net ("FSN") and Fox College Sports.
Outside of his legal career, Professor Johnson was a top-40 radio disc jockey, a stand-up comic, and a consultant at an early-stage internet start-up. In 2005, he was awarded a patent on a headrest he invented for patients suffering from Parkinson's Disease.

Before joining the UND faculty, Johnson taught as an adjunct professor at Whittier Law School and the Pepperdine University School of Law, teaching Patent Law, Trademarks, and Entertainment Law.
Professor Johnson authors three blogs: Blog Law Blog, which covers the legal aspects of blogging; Pixelization, which mostly concerns intellectual property and entertainment law; and The Backbencher, a humorous take on the law, lawyering, and life as a law professor.

Daniel Gandert


Daniel Gandert

Daniel Gandert is a member of the Program on Negotiation and Mediation faculty at Northwestern University School of Law. Mr. Gandert has a research focus in the area of international sports law, with an emphasis in the areas of doping and Court of Arbitration of Sport case law. Mr. Gandert has presented his research at the International Association of Sports Law World Congress of Sports Law.

Mr. Gandert teaches classes in negotiation and trains students wishing to become mediators. Mr. Gandert received mediation certification through the Center on Conflict Resolution and continues to mediate cases for the organization. Mr. Gandert also serves as one of the coaches for the Northwestern Law Negotiation Team and has served as a faculty member for the International Team Project program, through which he has taken students to Brazil and Tanzania to conduct research. Mr. Gandert has also served as an advisor to the international students at Northwestern Law.

Mr. Gandert received his bachelor's degree in Government and Sociology at Georgetown University and his J.D. from Northwestern University School of Law, where he received the Wigmore Key Award. Mr. Gandert is a member of the Illinois Bar, the International Association of Sports Law, and the Sports Lawyers Association.

Fabian Ronisky


Fabian Ronisky

Fabian Ronisky received his B.A. from the University of California at Berkeley and his J.D. from Northwestern University School of Law.  He has practiced law at firms in San Jose, Costa Rica and Los Angeles, California, and is a certified mediator.  Mr. Ronisky co-founded and manages the World Series of Music, which is an online music discovery service based out of Chicago and San Diego.  He is also a native Spanish speaker, fluent in Italian, and admitted to practice law in the state bar of California.



William Haug


William Haug, Jr.

William Haug, Jr, MD, spent his childhood in Grafton, ND, but graduated from high school in Grand Forks. He attended the University of North Dakota where he graduated Phi Beta Kappa with a BS in biology. Following graduation, he studied English Literature in a summer program at Cambridge University. He graduated from the University of Minnesota Medical School in Minneapolis and completed his family practice residency in Duluth, MN.

Following residency he worked in Alaska for the Indian Health Service and also worked on the Red Lake Reservation in Red Lake, Mininesota. After three years of work he returned to training and completed a sports medicine fellowship in Montana where he was exposed to a variety of wilderness medicine issues and collegiate athletics both in Billings and at the University of Montana in Missoula.

In 2003 he began traveling with the United States Ski Team gaining experience with the nordic, nordic combined, and ski jumping teams. He traveled to Norway and Finland with the teams and last served them in 2006 prior to the Olympics in Turin, Italy.

In 2004 he was employed by the United States Anti-Doping Association (USADA) for the hockey World Junior Championships where he worked in doping control.

In 2006, he relocated to Grand Forks and has been enjoying time with his wife, two children, and employment in sports medicine at Altru Health System.

Arline F. Schubert


Arline F. Schubert

Arline F. Schubert graduated from the University of North Dakota Law School in 1982. In addition, Schubert earned a B.S. in English Education and an M.S. in Communication from the University of North Dakota. Prior to attending law school, Schubert taught in high schools for a combined 15 years in Wisconsin, Minnesota, North Dakota, and Washington. In the years since graduating from law school, Schubert practiced law for 18 years in North Dakota and taught Business Law at the University of North Dakota. She also taught English Composition, Speech and Interpersonal Communications and Business Law at Shoreline Community College in Seattle, Washington. Schubert served as an Assistant Attorney General for the State of North Dakota while she was the Attorney for the University of North Dakota. Among her accomplishments, she is a Certified Mediation and Arbitration Counselor.

Schubert has authored chapters included in numerous books, twelve published refereed articles, presented twenty-nine professional papers and participated in ten professional programs and workshop presentations. Schubert has written book reviews. Several of the articles she wrote on the topic of sports and gender equity have appeared in Law Reviews. She has reviewed several text books in the areas of Business Law, Speech Communications, Writing Across the Curriculum, Technical and Business Writing, and Essay Collection texts. In addition to her academics, Schubert has argued before the North Dakota Supreme Court, the Federal District Court of North Dakota and before a panel of judges from the Federal 8th Circuit Court.

Schubert has been actively involved in community activities and services. She served for 13 years on the Grand Forks, North Dakota Public School Board (and was President for two years and Vice President for two years) and she served for six years on the Grand Forks Public Library Board where she was President for three years. She has been active in Quota Club, PEO, Senior citizen Center and has served on the Board of Directors of other organizations which promote healthy and safe environments for all citizens within the community. While living in Waupaca, Wisconsin, she was active in the Hospital Auxiliary and served as President and was on the Governor's Community Health Advisory Board.

On January 2, 2010 Schubert was the keynote speaker for the University of North Dakota Celebration of National and Women in Sports Day, where she spoke about the progression of women in sports since the adoption of Title IX.

Schubert and her husband presently teach the course in Sports Law in the College of Business and Public Administration. Schubert continues to do research and present papers at National Baseball Symposiums. She is presently writing a book pertaining to her travels to Greece and Egypt.

Gene Allen

Gene Allen

Gene W. Allen earned a B.S. in accounting from Minnesota State University–Moorhead and a J.D. with distinction from the University of North Dakota, where he served as Editor in Chief of the North Dakota Law Review. 

Gene has presented at public seminars on topic of sports law and facilities. He has served on the boards of several community organizations and is the founder and a former owner of the Fargo-Moorhead RedHawks minor league baseball team.  He has negotiated deals and represented clients in connection with the construction, financing, and naming of professional, collegiate and community facilities and events in the Midwest and Mountain West.  In 2010, he was inducted into the Christian Sports Commission Hall of Fame.   

Gene practices law with the Minot, ND firm of McGee, Hankla, Backes, & Dobrovolny, P.C., where he focuses on matters involving Oil & Gas, Sports Facilities, Mergers & Acquisitions, Real Estate and Probate.

J. Gordon Hylton


J. Gordon Hylton

J. Gordon Hylton joined the Marquette Law School faculty in 1995 after teaching at IIT Chicago-Kent and Washington University. He is a native of Giles County, Virginia, and a graduate of Giles High School. He holds a degree in History and English from Oberlin College; a J.D. and an M.A. in History from the University of Virginia; and a PhD in the History of American Civilization from Harvard University. Following law school, he clerked for Justice Albertis S. Harrison and Chief Justice Lawrence I'Anson of the Virginia Supreme Court and worked for the Massachusetts Commission Against Discrimination.

In addition to teaching at the law school, Professor Hylton also teaches a junior seminar on American Constitutional History in the Marquette undergraduate Honors Program.

From 1997 to 2001, he taught courses in legal and constitutional history and the history of sport in the Marquette History Department. He has also been a visiting professor at Washington University, Washington & Lee University, and the University of Virginia. In the Fall of 2000 he was a Fulbright Senior Lecturer in Law at Kyiv-Mohyla Academy in Kiev, Ukraine. From 2001 to 2003, he taught in the program in comparative and international law offered by Marquette and the University of Queensland.

Professor Hylton was the chair of the committee that created the current MULS Sports Law program, and from 1997 to 1999, he served as interim director of the National Sports Law Institute. He is currently a member of the NSLI Board of Advisers and a member of the Sports Lawyers Association.

His current research interests focus on the history of the legal profession, the history of civil rights, and the legal history of American sports. Begining in 2009, he will be a visiting professor each fall semester at the University of Virginia where he is also affiliated with the Carter G. Woodson Institute for African-American and African Studies.

Special Recognitions:
Professor Hylton currently serves as a member of the Diversity Committee of the American Bar Association's Section on Legal Education and Admission to the Bar. He is also the Chair-Elect of the Association of American Law Schools Section on Law and Agriculture and is the past chair of the AALS Sections on Legal History and Law and Sports, as well as the Marquette University representative to the International Association of Law Schools and a member of the Board of Editors of the the American Journal of Comparative Law.

Professor Hylton is a past recipient of the Gihardi Award for Excellence in Teaching and the Teaching Award presented by the Marquette Chapter of Phi Delta Phi Legal Fraternity. Earlier in his career he was named professor of the year at the Chicago-Kent Law School on three occasions and was twice the recipient of the Illinois Institute of Technology's award for superior teaching. He is also the only visiting professor to be named professor of the year at Washington University Law School where he was also the recipient of a special award for teaching from the Student Bar Association.

Grant Shaft


Grant Shaft

Grant Shaft is the Vice President of the North Dakota State Board of Higher Education, appointed in 2007 by Governor John Hoeven and reappointed in 2011 by Governor Jack Dalrymple. Shaft is a former state legislator, representing Districts 17 and 18 (Grand Forks, North Dakota) in the North Dakota House of Representatives from 1986-1990. He holds a Bachelor's degree from Arizona State University and a Juris Doctorate degree from the University of North Dakota. Shaft has practiced law with the Grand Forks firm of Shaft, Reis & Shaft, Ltd. in Grand Forks, North Dakota since 1986.

Robert Boyd


Dr. Robert Boyd

Dr. Robert Boyd is currently Special Assistant to the President as Transition Officer, charged with the coordination of the retirement of the nickname and logo at the University of North Dakota. Prior to his current assignment, Dr. Boyd retired in 2011 as Vice President for Student Affairs after serving in that role for 13 years. Prior to that he served 19 years as Dean of Outreach Programs at UND.

Dr. Boyd is known as "Mr. UND" because of his extraordinary service to his university. During the time he served as Dean and Vice President, he was considered the "go-to" leader for four UND Presidents because of his leadership abilities and his reputation with the university community.

Among his many professional interests, Dr. Boyd has a special interest and expertise in the areas of leadership, organizational change, planning, and ethics. His application of this expertise has won him recognition from a variety of sources. From his state of North Dakota, he received the Governor's Award for Excellence in Public Service; from his community, he received the Henry Havig Award, the highest honor awarded by the Chamber of Commerce of Grand Forks-East Grand Forks; and from his profession, he received the prestigious Julius M. Nolte Award for Extraordinary Leadership from the University Continuing Education Association, now the University Professional and Continuing Education Association.

A proud grandfather of three, he and his wife, Dawn, reside in Grand Forks, North Dakota.