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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.

    • 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.
    •    
    • Author/Creator:Mitten, Matthew J., 1959- author.
    • Other Contributors/Collections:Davis, Timothy, 1954- author.
      Duru, N. Jeremi, author.
      Osborne, Barbara (Writer on sports law), author.
    • Published/Created:New York : Wolters Kluwer, [2021]
    • Holdings

      • Location: c.1  Temporarily shelved at LAW LIBRARY reference room (level 2)Where is this?
      • Call Number: KF3989 .M58 2021
      • Number of Items:1
      • Status:Available
       
    • Library of Congress Subjects:Sports--Law and legislation--United States.
    • Edition:Third edition.
    • Description:xxvii, 549 pages ; 26 cm
    • Summary:"This is a textbook on sports law and its governance and regulation"-- Provided by publisher.
    • Notes:Includes bibliographical references and index.
    • ISBN:9781543810820 (paperback)
      1543810829
      9781543821031 (ebook)
    • 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.
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