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Sports law : governance and regulation / Matthew J. Mitten, Professor of Law and Executive Director, National Sports Law Institute, Marquette University Law School; Timothy Davis, John W. & Ruth H. Turnage Professor of Law, Wake Forest University School of Law; N. Jeremi Duru, Professor of Law, Washington College of Law, American University; Barbara Osborne, Professor, Exercise and Sport Science, Adjunct Professor, School of Law, University of North Carolina.
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Title:Sports law : governance and regulation / Matthew J. Mitten, Professor of Law and Executive Director, National Sports Law Institute, Marquette University Law School; Timothy Davis, John W. & Ruth H. Turnage Professor of Law, Wake Forest University School of Law; N. Jeremi Duru, Professor of Law, Washington College of Law, American University; Barbara Osborne, Professor, Exercise and Sport Science, Adjunct Professor, School of Law, University of North Carolina.
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Author/Creator:Mitten, Matthew J., 1959- author.
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Other Contributors/Collections:Davis, Timothy, 1954- author.
Duru, N. Jeremi, author.
Osborne, Barbara (Writer on sports law), author.
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Published/Created:New York : Wolters Kluwer, [2021]
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Holdings
Holdings Record Display
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Location:
c.1
Temporarily shelved at LAW LIBRARY reference room (level 2)Where is this?
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Call Number: KF3989 .M58 2021
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Number of Items:1
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Status:Available
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Location:
c.1
Temporarily shelved at LAW LIBRARY reference room (level 2)Where is this?
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Library of Congress Subjects:Sports--Law and legislation--United States.
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Edition:Third edition.
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Description:xxvii, 549 pages ; 26 cm
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Summary:"This is a textbook on sports law and its governance and regulation"-- Provided by publisher.
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Notes:Includes bibliographical references and index.
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ISBN:9781543810820 (paperback)
1543810829
9781543821031 (ebook)
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Contents:Machine generated contents note: ch. 1 Introduction to the Study of Sports Law
What Is Sports Law?
A. Traditional View: "Sports Law" Does Not Exist
B. Moderate Position: "Sports Law" May Develop into a Field of Law
C. "Sports Law": A Separate Field of Law
Fundamentals of the Legal System
Jurisdiction and the Federal and State Court Systems
A. Federal Courts
B. State Courts
C. Tax and Other Specialized Courts
Civil Procedure
Using the Case Method to Study Law
A. Common Law
1. Precedent
2. How to Brief a Case
Savino v. Robertson
Questions
ch. 2 Regulating Interscholastic High School) and Youth Athletics
Introduction: The Rise of the Regulation of Interscholastic and Youth Athletics at the State, National, and International Levels
A. Historical Overview
B. Interscholastic and Youth Athletics Regulatory Structure, Governance, and Administrative Processes
Judicial Regulation of Interscholastic and Youth Athletics
A. State Action
Brentwood Academy v. Tennessee Secondary School Athletic Association
Questions
Notes
Tennessee Secondary School Athletic Association v. Brentwood Academy (Brentwood II)
Questions
B. Eligibility Issues
1. Transfer Rules
Indiana High School Athletic Association v. Carlberg
Notes
Problem 2-1
2. Outside Competition Rules
Questions
3. Good Conduct Rules
Brands v. Sheldon Community School
Questions
Notes
4. Age Rules
Cruz v. Pennsylvania Interscholastic Athletic Association, Inc.
Questions
Problem 2-2
5. Grooming Rules
6. No-Pass, No-Play Rules
Questions
7. Exclusion of Homeschooled Students from Athletic Participation
Questions
Notes
C. First and Fourth Amendment Issues
1. Drug Testing
Vernonia School District 47J v. Acton
Questions
Notes
Problem 2-3
2. Freedom of Speech and Association
Wildman v. Marshalltown School District
Questions
3. Freedom of Religion
a. Free Exercise Issues
Questions
Problem 2-4
b. Establishment Clause Issues
Questions
Problem 2-5
D. Review of Game Results
Questions
E. Health and Safety Issues in Youth and Interscholastic Sports
Questions
ch. 3 NCAA Internal Governance of Intercollegiate Athletics and Legal Limits
Introduction
Brief History: NCAA Governance of Intercollegiate Athletics
Questions
NCAA Regulatory Authority and Processes
A. NCAA: History of Regulation and the Rules Infractions Process
B. Institutional Violations of NCAA Rules and Sanctions
University of Southern California Infractions Appeals Committee Report No. 323
Questions
Penn State University Case
Questions
University of Miami Case
Questions
University of North Carolina Case
Questions
C. Individual Responsibility for NCAA Rules Violations and Sanctions
Former Head Men's Basketball Coach University of Minnesota, Twin Cities Public Infractions Appeals Committee Report
Questions
Other Cases Involving Coaches
Questions
Notes
Problem 3-1
Legal Limits on NCAA Regulatory Authority
A. Federal and State Civil Rights Law
NCAA v. Smith
Question
B. Drug Testing and Privacy
Questions
C. Contract and Private Association Laws
Bloom v. NCAA
Questions
D. Federal Antitrust Law
1. Nature and Scope of Antitrust Limits on NCAA Regulatory Authority
2. Case Law
NCAA v. Board of Regents of the University of Oklahoma
Questions
Smith v. NCAA
Notes
O'Bannon v. NCAA
Questions
ch. 4 Legal Relationships Between the University and Student-Athletes
Contractual and NCAA Regulatory Dimensions
A. Introduction
1. Contract Formation and Consideration
a. Mutual Assent
b. Consideration and Promissory Estoppel
2. Modification
3. Express and Implied Contracts
4. Performance, Breach, and Remedies
a. Breach
b. Excuses for Nonperformance
5. Damages
B. Contractual Aspects of the Student-Athlete and University Relationship
1. Statement of Financial Assistance
2. National Letter of Intent
Questions
C. Student-Athlete Financial Aid and Other Benefits
1. NCAA Regulations Governing Contracts and Scholarships
Questions
Note
D. Defining the Scope of Institutional Obligations to Student-Athletes
Taylor v. Wake Forest University
Questions
Ross v. Creighton University
Questions
Notes
E. NCAA Academic Reform Initiatives
1. NCAA Academic Reform Legislation
2. Academic Progress Rate
Questions
F. Limited Scope of Constitutional Protections
1. General Principles: What Is a Property Interest?
2. Property Interest in Athletic Participation?
Hysaw v. Washburn University of Topeka
Question
Notes
Problem 4-1
G. Student-Athletes as Employees: Workers' Compensation
1. Workers' Compensation: General Principles
2. Student-Athletes and Workers' Compensation: Waldrep v. Texas Employers Insurance Association
Questions
Notes
3. Student-Athlete Unionization
Questions
First Amendment Rights in Intercollegiate Athletics
A. Introduction
B. First Amendment and the Media
Questions
C. Religious Liberty Issues
Questions
Problem 4-2
ch. 5 Gender Equity Issues in Athletics
Introduction
Historical Perspective
Gender-Based Exclusion from a Particular Sport
Force v. Pierce City R-VI School District
Questions
Problem 5-1
Equal Athletic Participation Opportunities, Benefits, and Treatment
A. Accommodation
Cohen v. Brown University
Questions
Problem 5-2
B. Equal Benefits and Treatment
Questions
Reverse Discrimination Claims and Title IX
Neal v. Board of Trustees of the California State Universities
Questions
Title IX and Sexual Harassment
A. Coach-Athlete Sexual Harassment
B. Peer Sexual Harassment
Questions
Transgender Participation in School-Based Sport
Questions
Gender-Based Employment Discrimination in Athletics
A. Employment Discrimination
Deli v. University of Minnesota
Questions
B. Retaliatory Discharge or Punitive Action
ch. 6 Racial Equity Issues in Athletics
Introduction
Historical Perspective
A. Racial Segregation: Intercollegiate Athletics
1. Formal Rules of Exclusion
2. Informal Rules of Discrimination
B. Racial Segregation: Professional Sports
C. Reintegration of Professional and Amateur Sports
Race and Racial Equity in Modern Sports: An Evolving Debate
A. College Sports Coaching and Administrative Opportunities
1. Coaching
2. Athletic Administration
B. Professional Sports
Questions
C. Intersections
1. Race and Gender
2. Race and Socioeconomic Stratification
3. Race and Globalization
Case Law
A. Academic Racism and Marginalization: NCAA Initial-Eligibility Rules
Questions
Problem 6-1
B. Employment Discrimination
Jackson v. University of New Haven
Questions
Problem 6-2
C. Stereotypes: Racially Stereotyped Mascots
Racism or Pride?
1. NCAA's Approach
2. Professional Context
Questions
Problem 6-3
D. Racially Hostile Environments and Conduct
Problem 6-4
Questions
ch. 7 Health, Safety, and Risk Management issues in Sports
Introduction
Liability for Athletics-Related Injuries
A. Injury to Athletes
1. Co-Participant Tort Liability
Shin v. Ahn
Questions
Note
Problem 7-1
2. Co-Participant Criminal Liability
People v. Schacker
Regina v. McSorley
People v. Hall
Questions
Note
Problem 7-2
Liability of Educational Institutions (and Organizations)
A. High School
Kahn v. East Side Union High School District
Questions
Notes
B. Colleges and Universities
Orr v. Brigham Young University
Questions
Notes
Problem 7-3
C. Injury to Spectators
Thurmond v. Prince William Professional Baseball Club, Inc.
Questions
Notes
Problem 7-4
Tort Immunities
Question
Problem 7-5
Problem 7-6
Validity of Liability Waivers
Wagenblast v. Odessa School District No. 105-151-166]
Sharon v. City of Newton
Notes
Questions
ch. 8 Sports Medicine, Concussions, Compensation, and Impairment in Sports
Introduction
Sports Medicine Malpractice Liability
A. Team Physicians
B. Athletic Trainers
C. Athlete's Contributory Negligence
Injury Compensation for Professional Athletes
Pro-Football, Inc. v. Uhlenhake
Question
Note
DePiano v. Montreal Baseball Club, Ltd.
Note
Comment: Concussions
Participation Rights of Athletes with Physical or Mental Impairments
A. Rehabilitation Act of 1973
B. Americans with Disabilities Act of 1990
Questions
Notes
Problem 8-1
ch. 9 Intellectual Property Issues in Sports
Introduction
Trademarks, Logos, and Other Identifying Sports Insignia
A. Trademark Infringement and Unfair Competition
1. Name of Sports Team or Event
2. Unauthorized Affixation of Sports Team Mark to Merchandise
National Football League Properties, Inc. v. New Jersey Giants, Inc.
Question
Notes
B. Trademark Dilution
C. Anticybersquatting Consumer Protection Act of 1999
D. Olympic Marks
Problem 9-1
Ambush Marketing
Problem 9-2
Contents note continued: Real-Time Game Accounts and Broadcasting Rights
A. Historical Background
B. Nature and Scope of Copyright Law Protection
C. Copyright Infringement of a Sports Broadcast
NFL v. TVRadioNow Corp.
Question
Note
D. Misappropriation of Real-Time Game Accounts and Scores
Problem 9-3
Athletes' Lanham Act and State Law Privacy, Reputation, and Publicity Rights
A. Lanham Act
B. State Laws
1. Defamation
2. Right of Privacy
3. Right of Publicity
a. Nature and Scope of the Right of Publicity
b. First Amendment Limitations
Problem 9-4
ch. 10 Coaches' Contracts and Related Issues
Introduction
Is There a Property Interest in Athletic Employment?
Questions
Problem 10-1
A. Termination
1. What Constitutes Termination for "Cause"?
Questions
2. Termination for Rules Violations and Non-Sports-Related Indiscretions
Questions
Problem 10-2
3. Termination for Abusive Conduct
Questions
Problem 10-3
4. Free Speech and Retaliation Issues
B. Compensation and Other Financial Matters
Question
Questions
Termination, Breach, and Liquidated Damages
Vanderbilt University v. DiNardo
Questions
Note
Exploring Other Contractual Relationships
A. Sponsorship Agreements
B. Venue Agreements
ch. 11 Professional Sports League Governance and Legal Regulation
Introduction
Origin and Evolution of Modern North American Professional Sports Industries
A. Evolution of Sports into a Business and Profession
B. Unique Features of Professional Team Sports
C. Principal "Players" in the Professional Sports Industries
1. Leagues
2. Clubs or Teams
3. Commissioners
4. Players
5. Players Associations
6. Player Agents
7. Other Industries Integral to Modern Professional Sports
Internal League Governance and Commissioner Authority
A. Legal Limits on Internal League Governance
B. League Commissioner's "Best Interests of the Game" Authority and Legal Limits
Charles O. Finley & Co., Inc. v. Kuhn
Note
Problem 11-1
Federal Antitrust Law Limits on League Rules and Governance
A. Overview
B. Baseball's Antitrust Exemption
Flood v. Kuhn
Question
Note
C. Application of Sherman Act § 1
1. Concerted Action Requirement
2. Unreasonable Restraint of Trade
a. Acquisition, Ownership, and Sale of a Franchise
Levin v. NBA
Note
b. Franchise Relocation
c. Restrictions on Intellectual Property Rights Licensing and Sales
D. Application of Sherman Act §2
Problem 11-2
ch. 12 Professional Sports Labor Law and Labor Relations
Introduction
Contract Law
Questions
Problem 12-1
Labor Law
A. Collective Bargaining in the Professional Sports Industries
B. Professional Team Sports Drug-Testing Programs
Questions
Problem 12-2
C. Unfair Labor Practices
1. League Interference with Players' Rights to Unionize
2. League Refusal to Recognize Union as Exclusive Bargaining Representative
3. Retaliation Against Union Activists
4. Breach of Duty to Bargain in Good Faith or Provide Relevant Information Concerning Mandatory Subjects of Collective Bargaining
Silverman v. Major League Baseball Player Relations Committee, Inc. (Silverman I)
Note
5. Discrimination Against Striking Players
Questions
D. Union's Duty of Fair Representation
E. Labor Arbitration
National & American League Professional Baseball Clubs v. Major League Baseball Players Association
Notes
Intersection of Antitrust and Labor Law
Questions
ch. 13 Representing Players and Teams: The Athlete-Agent Industry
Nature of the Athlete-Agent Relationship
A. Agent's Basic Duties
B. Agent's Standard of Care
Zinn v. Parrish
Questions
C. Agent Financial Improprieties
Questions
Problem 13-1
D. Agent Conflicts of Interest with Athletes
Detroit Lions, Inc. v. Argovitz
Questions
Note
Problem 13-2
Competition for Clients: Conflicts Between Agents
A. Introduction
B. Consolidation
C. Termination
NFLPA Standard Representation Agreement
D. Disparagement
E. What Is Permissible Competition?
Questions
F. Issues of Race and Gender
Questions
International Perspective
External Regulation and Legislation
A. Federal Legislation
1. SPARTA
2. General Federal Laws
Questions
B. State Regulation: The UAAA
Revised Uniform Athlete Agents Act (2015)
Notes
Problem 13-3
C. Players' Associations
1. Authority to Regulate
Question
2. Regulating the Athlete-Agent Relationship
a. Sanctions: Suspensions and Decertification
b. Fees/Agent Compensation
c. NFLPA Amendments
d. MLBPA Amendments
e. NBPA Amendments
f. Excerpts of Players Association and NCAA Regulations
NFLPA Regulations Governing Contract Advisors
Questions
NCAA Bylaw, Article 12
Problem 13-4
ch. 14 Olympic and International Sports Issues
Introduction
A. Origin, History, and Objectives of the Olympic Games
B. Organization, Governance, and Structure of the Olympic Movement
Regulation of Olympic Sports Within the United States
Question
Limits on the Use of National Law to Regulate Olympic and International Athletic Competition
Question
Problem 14-1
Court of Arbitration for Sport
A. Overview
B. Disputed Competition Results
Yang Tae Young v. International Gymnastics Federation
Note
Problem 14-2
C. Doping Violations and Sanctions
1. Strict Liability Standard, Clear Notice Requirements, and Proportionate Sanctions
Question
2. Interpretation and Application of the World Anti-Doping Code
Developing International Issues
Notes.