Publications
Welcome to the EBA Journal!
This page is the home for the Committee’s journal and other policy initiatives. Our publications are curated and published by the EBA Journal under the direction of an Editor-in-Chief.
If you are interested in learning more about the EBA Publications Committee, email us.
Harris Peskin currently serves as chair of the Publications Committee.
Michael Arin currently serves as Editor-in-Chief of the Esports Bar Association Journal.
EBA Journal Volume 2021
PUBLISHED NOVEMBER 1, 2021
In this volume of the EBA Journal, you can learn more about federal prosecution of esports match-fixing, the importance of protecting your brand through trademarks, and the persistent problem of sexual harassment in the esports industry.
Congratulations to Tram Nguyen, the recipient of our student scholarship.
Michael Arin and Ryan Fairchild served as Editors-in-Chief of Volume 2021.
Integrity and Fair Play: Can Federal Prosecution Tame the Wild West of Professional Esports?
Jullian Haley examines match-fixing in the esports industry and explains how federal officials may use the RICO Act to police this behavior.
Shield and Sword: Trademark Rights in Esports
Alex Robertson provides a primer on the importance of trademark law to the esports industry and unpacks how many industry participants are neglecting this element of brand protection.
Sexual Harassment Hinders Esports’ Potential
Tram Nguyen explores the ever-present problem of sexual harassment in esports and how the community can step up to address the issues.
EBA Journal Volume 2020
PUBLISHED NOVEMBER 9, 2020
This volume of the EBA Journal explores immigration, public funding, joint-employment, and landlord-tenant issues in the esports industry.
Congratulations to Paul Santache and Phillip Jones, the recipients of our student scholarships, whose articles represent a meaningful contribution to the field of esports and the law.
Michael Arin and Ryan Fairchild served as Editors-in-Chief of Volume 2020.
Foreign Players Join American Teams for the American Dream but Can’t American Stream
Genie Doi and Samuel Johnson outline a three-part test to help determine if a player’s streaming can count as acceptable promotional activity for the purposes of a P-1A visa.
Shaky Foundations – The Uncertain Legality of Publicly Funded Esports Venues
Paul Santache describes the law and history behind public funding of traditional sports venues and explores the legal and policy implications of seeking the same sort of funding for dedicated esports venues.
Cooperative Gaming – Joint Employer Status in Esports
Phillip Jones explores new federal regulations determining joint-employer status and, applying them to the Overwatch League, examines how these new regimes might impact esports leagues.
Landlord-Tenant Law as Applied to Team Houses in Esports
Spencer Mendez uses landlord-tenant law to categorize the relationship between organizations and talent living in gaming houses and explores the practical and legal implications of that categorization.
EBA Journal Volume 2019
PUBLISHED OCTOBER 11, 2019
This inaugural edition of the EBA Journal explores antitrust, labor, intellectual property, and diversity issues in the esports industry.
Harris Peskin served as Editor-in-Chief of Volume 2019
Thirty Five Years Without Player Rights in Gameplay: Is a New Challenger Approaching?
Ryan Fairchild argues in favor of granting players additional intellectual property rights in their gameplay.
Unionization in Esports
Harris Peskin discusses the economics of esports and the effect on player unionization.
Diversity in Esports
Anna Chang, Krista Hiner, Jessica Linton & Carly Manger talk about the factors affecting diversity in esports.
Esports & Employment After Dynamex
Anna Chang, Krista Hiner, Jessica Linton & Carly Manger talk about the factors affecting diversity in esports.
EBA Archive Collection
The EBA Publication Committee has assembled a collection of relevant academic legal articles. These articles can be found below:
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Collective Bargaining, Bryce Blum and Stephen Fisher
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Player Contracts: Defining Expectations to Avoid Conflict, Bryce Blum and Stephen Fisher
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The rise of esports, Bryce Blum and Stephen Fisher
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Streaming and Copyright Law: A Fast-Developing Area of the Law, Bryce Blum and Michael J. Schwartz
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The Esports Bar Association’s Suggested Readings List (PDF)
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The Esports Bar Association’s Model Workplace Anti-Discrimination and Harassment Policy