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Summary of Contents
Chapter 1 An Introduction to the Study of Sports Law 1
Chapter 2 Regulating Interscholastic (High School) Athletics 19
Chapter 3 Regulating Intercollegiate Athletics 103
Chapter 4 Regulating Olympic and International Athletics 285
Chapter 5 Coaches' Contracts and Related Issues 359
Chapter 6 Regulating Professional Athletics 395
Chapter 7 Labor Law and Labor Relations 513
Chapter 8 Regulating Agents 671
Chapter 9 Racial Equity Issues in Athletics 735
Chapter 10 Gender Equity Issues in Athletics 793
Chapter 11 Health, Safety, and Risk Management Issues in Sports 863
Chapter 12 Intellectual Property Issues in Sports 981
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Contents
Chapter 1 An Introduction to the Study of Sports Law 1
A. What Is Sports Law? 1
B. The Significance of Sport and Sports Law 4
1. The Role of Sport in Society 4
a. Sport and Cultural Values 4
i. Positive Values Associated with Sport 4
ii. Negative Values Associated with Sport 4
2. Sport and Its Various Intersections 8
a. Sport, Culture, and Metaphors 8
i. Metaphors 9
ii. Shaping Gender Identity 10
iii. Sport and Religion: The Ultimate Metaphor
or Something More? 10
b. Sport and Economics 11
c. Sport and Politics 12
C. Is the Study of Sports Marginalized? 16
Chapter 2 Regulating Interscholastic (High School) Athletics 19
A. Interscholastic (High School) Athletics: The Rise of Regulation
at the State and National Levels 19
1. Historical Overview 19
2. Regulating Interscholastic (High School) Athletics 20
3. Regulatory Framework for Interscholastic Athletics 21
B. Case Analysis 22
1. State Action 23
Brentwood Academy v. Tennessee Secondary School Athletic Assoc.
24
2. Eligibility Issues 31
a. Transfer Rules 31
Indiana High School Athletic Ass'n, Inc. v. Avant 32
Walsh v. Louisiana High School Athletic Ass'n 38
b. ''Outside Competition'' Rule 45
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Letendre v. Missouri State High School Activities Ass'n 45
c. Good Conduct Rules 49
Brands v. Sheldon Community School 50
d. Age Rules 58
Tiffany v. Arizona Interscholastic Association, Inc. 59
California Interscholastic Federation, Article 2, Eligibility
Requirements 64
e. Personal Appearance and Grooming Cases 67
Davenport v. Randolph County Bd. of Educ. 69
3. Constitutional Issues 73
a. First and Fourth Amendment Claims 73
i. Drug Testing 74
Vernonia School District 47 J v. Acton 74
ii. Freedom of Speech and Association 82
Wildman v. Marshalltown School Dist. 82
b. Freedom of Religion 85
i. Free Exercise Issues 85
Menora v. Illinois High School Ass'n 86
ii. Establishment Cases 92
Santa Fe Independent School Dist. v. Doe 92
Chapter 3 Regulating Intercollegiate Athletics 103
A. Introduction 103
B. Intercollegiate Athletics: The NCAA and the Rise
of Regulation 103
1. Intercollegiate Athletics Governing Bodies 103
2. Historical Overview of the NCAA 104
a. 1840-1910 104
b. 1910-1970 105
c. 1971-1983 106
d. 1984-2000 107
e. 2000 to the Present 111
C. Defining the Student-Athlete and University Relationship 113
1. Contractual and Related Limitations on Regulatory
Authority 113
Taylor v. Wake Forest University 114
NCAA Bylaw, Article 15 116
Text of the National Letter of Intent 118
Ross v. Creighton University 121
Jackson v. Drake University 126
NCAA Bylaw, Article 14 137
2. Student-Athletes as Employees: Student-Athletes and
Workers' Compensation 140
Waldrep v. Texas Employers Insurance Association 141
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3. Do Student-Athletes Possess Property or Liberty Interests? 151
Hysaw v. Washburn University of Topeka 152
Conard v. University of Washington 161
D. First Amendment Rights Issues 169
1. The First Amendment and the Media 170
Bilney v. The Evening Star Newspaper Company 171
2. Religious Liberty Issues 176
E. Judicial Deference to the NCAA 177
1. Constitutional and Statutory Matters 177
National Collegiate Athletic Association v. Tarkanian 177
National Collegiate Athletic Ass'n v. Smith 185
2. NCAA Rules Enforcement 188
Bloom v. NCAA 189
3. Drug Testing of Student-Athletes 197
Brennan v. Bd. of Trustees for Univ. of Louisiana Systems 198
F. The NCAA Rules Infraction Enforcement Process 201
1. Institutions and the Infractions Process 202
NCAA Constitution 202
Bucknell University, Public Infractions Appeals Committee 203
2. Coaches and Other Internal Institutional Personnel
and the Infractions Process 207
NCAA Regulations 207
Former Head Men's Basketball Coach, University of Minnesota,
Twin Cities, Public Infractions Appeals Committee Report 208
3. Infractions Related to Actions Taken by Athletics
Representatives External to the Institution (e.g., Boosters) 217
NCAA Regulations 217
University of Alabama, Tuscaloosa, Public Infractions Appeals
Committee Report 219
The University of California, Berkeley, Public Infractions
Appeals Committee Report 229
G. Antitrust Limitations on NCAA Regulatory Authority 236
1. Historical Background 236
2. Nature and Scope of Antitrust Limits 239
a. Television Contracts 240
National Collegiate Athletic Association v.
Board of Regents of the University of Oklahoma 240
b. Coaches' Salaries 258
Law v. NCAA 258
c. Athlete Eligibility Standards 267
Smith v. NCAA 267
Banks v. NCAA 269
McCormack v. NCAA 275
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Chapter 4 Regulating Olympic and International Athletics 285
A. Introduction: History of the Olympic Games 285
1. Traditions of the Olympic Games 285
2. Organization, Governance, and Structure of the
Olympic Movement 286
B. Regulation of Olympic Sports Within the United States 291
1. Basis of Athletic Governing Body Authority and
Legal Limits 291
DeFrantz v. United States Olympic Committee 291
2. Legal Framework for Resolving Athlete Eligibility to
Participate Disputes 300
Harding v. United States Figure Skating Association 302
Slaney v. International Amateur Athletic Federation 304
Lindland v. United States Wrestling Association, Inc. 308
C. Limits on Use of National Law to Regulate Olympic and
International Athletic Competition 313
Reynolds v. International Amateur Athletic Federation 313
Spindulys v. Los Angeles Olympic Organizing Committee 320
Slaney v. International Amateur Athletic Federation 323
D. Court of Arbitration for Sport 330
1. Doping Violations and Sanctions 334
USA Shooting & Q. v. International Shooting Union (UIT)
(''Quigley'') 334
C. v. Federation Internationale de Natation Amateur (FINA)
(''Chagnaud'') 339
2. Disputed Competition Results 347
Yang Tae Young v. International Gymnastics Federation 348
3. Governing Body Disciplinary Action 353
Samoa NOC and Sports Federation Inc. v. International
Weightlifting Federation (IWF) 353
Alan Tzagaev v. International Weightlifting Federation (IWF) 354
Chapter 5 Coaches' Contracts and Related Issues 359
A. Introduction 359
B. Is There Property Interest in a Coaching Position? 360
Kish v. Iowa Central Community College 360
C. Compensation Issues 365
1. What Constitutes Compensation 365
Rodgers v. Georgia Tech Athletic Association 365
2. Termination, Breach, and Liquidated Damages 372
Vanderbilt University v. Dinardo 373
D. Contract Negotiation Exercise 383
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1. Summaries of Coaches' Contracts Reported as
of December 23, 2003* 384
2. Helpful Resource Materials 387
3. Sample Contract 388
Chapter 6 Regulating Professional Athletics 395
A. Introduction 395
B. Origin and Evolution of Modern Professional Sports Industries 395
1. Evolution of Sports Into a Business and Profession 396
2. Unique Features of Professional Team Sports 398
3. The Principal ''Players'' in the Professional Sports Industries 399
Leagues 400
Clubs or Teams 400
Commissioners 400
Players 401
Players Associations 401
Agents 402
Other Industries Integral to Modern Professional Sports 403
C. Overview of the Legal Framework 403
1. Contract Law 404
Philadelphia Ball Club, Ltd v. Lajoie 405
Washington Capitols Basketball Club, Inc. v. Barry 409
Machen v. Johansson 413
2. Antitrust Law 418
a. Nature and Purposes of the Antitrust Laws 418
b. Applicability of Antitrust Law to Professional Sports 420
Federal Base Ball Club of Baltimore, Inc. v. National League
of Professional Base Ball Clubs 421
Flood v. Kuhn 422
3. Labor Law 428
The American League of Professional Baseball Clubs
and Association of National Baseball League Umpires 428
D. Internal League Governance and Commissioner Authority 432
1. Scope of Judicial Review of Internal League Governance 433
2. League Commissioner Authority 436
Charles O. Finley & Co., Inc. v. Kuhn 438
Atlanta National League Baseball Club, Inc. v. Kuhn 442
3. Antitrust Limits on Internal Governance 450
a. Acquisition, Ownership, and Sale of a Franchise 451
Mid-South Grizzlies v. NFL 451
Levin v. National Basketball Ass'n 456
* The following summaries were extracted from several summaries that originally appeared
at Mike Fish, Coaching Contracts, SI.COM (Dec. 23, 2003)
http://sportsillustrated.cnn.com/2003/writers/
mike_fish/12/19/coaching.contracts.data/index.html#usc (last visited 10/19/04).
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Contents xv
b. Franchise Relocation 458
Los Angeles Memorial Coliseum Commission v. NFL (''Raiders I'') 458
c. Broadcasting and Sponsorship Restrictions 474
NFL Properties, Inc. v. Dallas Cowboys Football Club, Ltd. 476
Chicago Professional Sports Ltd. Partnership v. NBA (''Bulls IV'') 478
E. Antitrust Disputes Between Rival Sports Leagues
and Organizations 485
1. Financial Capital and Management Expertise 486
North American Soccer League v. National Football League 486
2. League Expansion and Control of Playing Facilities 491
American Football League v. National Football League 491
Hecht v. Pro-Football, Inc. 495
3. Restricting Access to Players 498
Philadelphia World Hockey Club, Inc. v. Philadelphia
Hockey Club, Inc. 498
4. National Television Contracts 504
United States Football League v. National Football League 504
Chapter 7 Labor Law and Labor Relations 513
A. Historical Overview 513
B. The Intersection of Antitrust and Labor Law 516
1. Initial Judicial Development and Application of the
Nonstatutory Labor Exemption 518
Mackey v. National Football League 519
2. Judicial Extension of the Scope of the Nonstatutory
Labor Exemption 525
Powell v. National Football League 526
Brown v. Pro Football, Inc. 531
Clarett v. National Football League 539
Clarett v. National Football League 544
3. Continued Viability of Antitrust Litigation in
Player-Management Conflicts 549
Clarett v. National Football League 551
C. Unfair Labor Practices 559
1. League Interference with Players' Rights to Unionize 559
2. League Refusal to Recognize Players Union as Exclusive
Bargaining Representative 560
3. Retaliation Against Union Activists 561
4. Breach of Duty to Bargain in Good Faith or Provide
Relevant Information Concerning Mandatory Subjects
of Collective Bargaining 562
Silverman v. Major League Baseball Player Relations
Committee, Inc. (''Silverman I'') 562
Silverman v. Major League Baseball Player Relations
Committee, Inc. (''Silverman II'') 569
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5. Discrimination Against Striking Players 576
National Football League Management Council 576
D. Union's Duty of Fair Representation 581
Peterson v. Kennedy 581
E. Collective Bargaining in the Professional Sports Industries 586
1. Salary Caps and Competitive Balance Taxes 586
2. Collective Bargaining Provisions on Player Mobility 588
a. National Basketball Association Player Mobility
Provisions 589
NBA Collective Bargaining Agreement 589
b. National Football League Player Mobility Provisions 593
Collective Bargaining Agreement Between the NFL
Management Council and the NFL Players Association 593
c. Major League Baseball Player Mobility Provisions 596
2003-2006 Basic Agreement . . . 596
3. Uniform Player Contracts 600
National Basketball Association, Uniform Player Contract 603
F. Labor Arbitration 612
1. Wide Impact Arbitration 614
National & American League Professional Baseball Clubs v.
Major League Baseball Players Association 614
2. Defining the Scope of Judicial Review 618
Kansas City Royals v. Major League Baseball Players Ass'n 618
Major League Baseball Players Ass'n v. Garvey 622
3. Salary Arbitration 626
2003-2006 Basic Agreement (MLB CBA). . . . 629
4. Contract Dispute Arbitration 633
a. Failure to Honor Contract and Remedies for
Enforcement 633
Boston Celtics Limited Partnership v. Brian Shaw 634
b. Club and League Power to Discipline 638
National Basketball Association Players Association on
Behalf of Player Latrell Sprewell and Warriors
Basketball Club and NBA 638
Sprewell v. Golden State Warriors 644
c. Renegotiation of Contracts 647
Arbitration Between National Football League Management
Council and John Hannah and Leon Gray 648
Arbitration Between NBA (Chicago Bulls) and National
Basketball Players Association (Robert Love) 650
d. Mitigation of Damages 651
Arbitration Between National Football League Players
Association (Dante Pastorini) and NFL (Oakland
Raiders) 651
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Contents xvii
e. Bonus Provision Arbitrations 653
Arbitration Between Major League Baseball Clubs
(Cleveland Indians) and Major League Baseball
Players Association ( James B. Bibby) 653
g. Side Deals and Undisclosed Agreements 655
G. Drugs and Professional Team Sports 657
1. Background 657
2. Initial Developments and Reactions 658
In the Matter of Arbitration Between Major League Baseball
Players Assoc. (Ferguson Jenkins) and Major League Player
Relations Committee (Commissioner Kuhn) 660
In the Matter of Arbitration Between Bowie Kuhn,
Commissioner of Baseball, and MLBPA (Willie Wilson,
Jerry Martin) 661
In the Matter of Arbitration Between Major League Baseball
Players Association (Pascual Perez) and Bowie Kuhn,
Commissioner of Baseball 662
In the Matter of Arbitration Between Major League Baseball
Players Association (Steve Howe) and Fay Vincent,
Commissioner of Baseball 662
3. Drug Testing in Team Sports 664
a. National Basketball Association (NBA) 664
b. WNBA Drug Policy 665
c. NFL Drug Policy 666
d. MLB Drug Policy 666
e. NHL Drug Policy 667
4. Additional Issues for Teams, Players, and other
Sports Interests 668
Chapter 8 Regulating Agents 671
A. Introduction 671
B. The Nature of the Relationship 672
1. Basic Duties 672
The Legal Basis of the Relationship 672
2. The Standard of Care 674
Zinn v. Parrish 674
Williams v. CWI, Inc. 678
3. Conflicts of Interest 684
NFLPA Regulations Governing Contract Advisors 685
National Basketball Players Association Regulations
Governing Player Agents 685
The Detroit Lions, Inc. v. Argovitz 686
4. Competition for Clients: Conflicts Between Agents 692
NFLPA Standard Representation Agreement 693
Speakers of Sport, Inc. v. Proserv, Inc. 694
Bauer v. The Interpublic Group of Companies, Inc. 697
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xviii Contents
C. Regulations and Legislation 705
1. Federal Regulation 705
a. The Sports Agent Responsibility Trust Act 705
b. Non-Agent-Specific Federal Legislation 706
United States v. Piggie 707
2. Players' Associations 711
a. Authority to Regulate 711
Collins v. National Basketball Players Association 712
b. Fees 716
Brown v. Woolf 716
NFLPA Regulations Governing Contract Advisors 718
3. State Regulation: The Uniform Athlete-Agents Act 719
NCAA Bylaw, Article 12 721
NFLPA Regulations Governing Contract Advisors 722
Uniform Athletes Agents Act (2000) 725
D. Ethical Issues 730
Ethics Opinion 731
ISBA Advisory Opinion on Professional Conduct 732
Chapter 9 Racial Equity Issues in Athletics 735
A. Introduction 735
B. An Historical Perspective 737
1. Racial Segregation: Intercollegiate Athletics 737
The Myth of the Superspade: The Persistence of Racism in
Intercollegiate Athletics 737
2. Racial Segregation: Professional Sports 740
3. The Reintegration of Professional and Amateur Sports 741
C. Race and Racial Equity in Modern Sports: An Evolving Debate 741
1. Coaching and Administrative Opportunities 742
a. College Sports 742
i. Coaching Opportunities 742
ii. Administrative Opportunities 743
b. Professional Sports 745
2. Intersections 746
a. Race and Gender 746
b. Race and Economic Exploitation 747
c. Race and Globalization 747
D. Case Law 751
1. Academic Racism and Marginalization: NCAA Initial
Eligibility Rules 751
Pryor v. National Collegiate Athletic Association 752
NCAA Bylaw, Article 14 762
2. Employment Discrimination: Title VII and Section 1981
Comment 763
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Contents xix
The Front Office and Antidiscrimination Law
Jackson v. University of New Haven 765
3. Stereotypes: Racially Stereotyped Mascots-
Racism or Pride? 775
Pro-Football, Inc. v. Harjo 775
4. Racially Hostile Environments and Conduct 783
Priester v. Lowndes County 785
Chapter 10 Gender Equity Issues in Athletics 793
A. Introduction 793
B. Historical Perspective 794
C. Gender-Based Exclusion from a Particular Sport 798
Force v. Pierce City R-VI School District 798
Williams v. School District of Bethlehem, PA 804
Mercer v. Duke University 809
D. Equal Athletic Participation Opportunities, Benefits,
and Treatment 813
1. Equal Athletic Participation Opportunities 814
Cohen v. Brown University 814
Boucher v. Syracuse University 821
Pederson v. Louisiana State University 827
2. Equal Benefits and Treatment 832
McCormick v. School District of Mamaroneck 832
Daniels v. School Board of Brevard County, Florida (''Daniels I'') 837
Daniels v. School Board of Brevard County, Florida (''Daniels II'') 839
E. Adverse Effects of Title IX and Policy Implications 843
Neal v. Board of Trustees of the California State Universities 844
F. Gender-Based Employment Discrimination in Athletics 850
1. Wage Discrimination 850
Deli v. University of Minnesota 850
2. Retaliatory Discharge or Punitive Action 855
Lowrey v. Texas A&M University System 855
Chapter 11 Health, Safety, and Risk Management Issues
in Sports 863
A. Introduction 863
B. Tort and Criminal Liability for Athletics-Related Injuries 863
1. Injury to Spectators 863
Thurmond v. Prince William Professional Baseball Club, Inc. 863
2. Injury to Athletes 871
a. Co-participant Liability 871
i. Tort Liability 871
Hackbart v. Cincinnati Bengals, Inc. 871
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Hackbart v. Cincinnati Bengals, Inc. 875
Mark v. Moser 877
ii. Criminal Liability 885
People v. Schacker 885
Regina v. McSorley 887
People v. Hall 892
C. Liability of Educational Institutions 897
1. High School 897
a. Legal Duty of Care 897
Kahn v. East Side Union High School District 898
b. Sovereign Immunity 905
Prince v. Louisville Municipal School District 905
c. The Validity of Liability Waivers 910
Wagenblast v. Odessa School District No. 105-157-166J 911
Sharon vs. City of Newton 914
2. College or University 920
Kleinknecht v. Gettysburg College 920
Orr v. Brigham Young University 925
Searles v. Trustees of St. Joseph's College 927
D. Sports Medicine Malpractice Liability 932
Krueger v. San Francisco Forty Niners 933
E. Injury Compensation for Professional Athletes 939
Pro-Football, Inc. v. Uhlenhake 941
Lyons v. Workers' Compensation Appeal Board 947
DePiano v. Montreal Baseball Club, Ltd. 950
F. Participation Rights of Athletes with Physical or Mental
Impairments 952
1. Enhanced Risk of Harm to One's Self 952
Knapp v. Northwestern University 954
2. Enhanced Risk of Harm to Others 961
Montalvo v. Radcliffe 961
3. Game Rules, Eligibility Rules, and Reasonable
Accommodations 967
PGA Tour, Inc. v. Martin 967
Cruz v. Pennsylvania Interscholastic Athletic Association, Inc. 975
Chapter 12 Intellectual Property Issues in Sports 981
A. Introduction 981
B. Trademarks, Logos, and Other Identifying Insignia 982
1. As Name of Sports Team or Event 982
Indianapolis Colts, Inc. v. Metropolitan Baltimore Football
Club Limited Partnership 982
2. Affixation of Sports-Related Mark to Merchandise 987
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Boston Professional Hockey Association, Inc. v. Dallas Cap &
Emblem Mfg., Inc. 988
Board of Governors of the University of North Carolina v.
Helpingstine 990
National Football League Properties, Inc. v. New Jersey Giants, Inc.
993
3. Ambush Marketing 1003
National Hockey League v. Pepsi-Cola Canada Ltd. 1004
C. Game Accounts, Statistics, and Broadcasting Rights 1011
1. Historical Background and Overview 1011
2. Nature and Scope of Protectable Rights in a Sports Event 1012
National Basketball Association v. Motorola, Inc. 1013
Morris Communications Corporation v. PGA Tour, Inc. 1020
3. Infringement of a Sports Broadcast 1024
National Football League v. McBee & Bruno's, Inc. 1024
National Football League v. TVRADIONOW Corporation 1027
D. Athletes' Privacy, Reputation, and Publicity Rights 1030
1. Historical Background and Overview 1030
a. Defamation 1031
b. Right of Privacy 1032
c. Right of Publicity 1033
d. Lanham Act 1034
2. Athlete's Right of Publicity 1034
a. Elements of Claim 1034
Newcombe v. Adolf Coors Company 1034
Hillerich & Bradsby Co. v. Christian Brothers, Inc. 1037
b. First Amendment Limitations 1044
DOE a/k/a Tony Twist v. TCI Cablevision 1046
ETW Corporation v. Jireh Publishing, Inc. 1050
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Library of Congress Subject Headings for this publication:
Sports -- Law and legislation -- United States -- Cases.