Sports Law

by Yasser, Raymond L.; McCurdy, James R.; Goplerud, C. Peter

• ISBN13: 9780870847981
• ISBN10: 0870847988
• Format: Hardcover
• Copyright: 1997-05-01
• Publisher: Anderson Pub Co

Table of Contents

Preface to the Third Edition	xvii	(2)
Preface to the Second Edition	xix	(2)
Preface	xxi	(2)
Acknowledgments	xxiii	(2)
Table of Cases	xxv
I AMATEUR SPORTS AND THE LAW	1	(296)
Introduction to Amateurism	1	(2)
Chapter 1 Legal Relationships in Amateur Sports	3	(62)
A. Athletes' Rights	3	(42)
1. Rights Arising From the Athletic Scholarship	3	(14)
Problem	3	(1)
Case File	4	(1)
Taylor v. Wake Forest University	4	(3)
Ross v. Creighton University	7	(4)
Jackson v. Drake University	11	(4)
Notes and Comments	15	(2)
2. The Athlete's Contractual Relationship With the NCAA	17	(1)
3. Health and Disability Issues in Amateur Athletics	18	(19)
Problem	18	(1)
Case File	19	(1)
Pahulu v. University of Kansas	19	(6)
Pottgen v. The Missouri State High School Activities Association	25	(5)
Johnson v. Florida High School Activities Association, Inc	30	(6)
Notes and Comments	36	(1)
4. Workers' Compensation	37	(8)
Problem	38	(1)
Case File	39	(1)
Coleman v. Western Michigan University	39
Notes and Comments	36	(9)
B. Coaching and Institutional Contracts	45	(20)
1. Coaching Contracts	45	(17)
Problem	45	(1)
Case File	46	(1)
Rodgers v. Georgia Tech Athletic Association	46	(5)
Monson v. State of Oregon	51	(6)
Wallace v. Texas Tech University	57	(4)
Notes and Comments	61	(1)
2. Institutional Contracts and Licensing Agreements	62	(3)
Chapter 2 Amateur Sports Associations--Rules, Procedures, Eligibility, Etc.	65	(90)
A. Threshold Constitutional Issues	66	(20)
Introduction	66	(1)
Problem	67	(1)
Case File	67	(1)
Louisiana High School Athletic Association v. St. Augustine High School	67	(3)
DeFrantz v. United States Olympic Committee	70	(5)
National Collegiate Athletic Association v. Tarkanian	75	(9)
Notes and Comments	84	(2)
B. National Collegiate Athletic Association--Authority and Rules	86	(17)
1. Overview of the Association and Its Structure	86	(7)
2. Enforcement Process and the Role of the Attorney	93	(10)
Problem 1	93	(2)
Problem 2	95	(1)
Problem 3	95	(1)
Case File	95	(1)
National Collegiate Athletic Association v. Miller	95	(5)
Notes and Comments	100	(3)
C. General Eligibility Issues	103	(26)
Problem 1	104	(1)
Problem 2	104	(1)
Case File	105	(1)
Indiana High School Athletic Association, Inc. v. Avant	105	(5)
Hysaw v. Washburn University of Topeka	110	(6)
Conard v. The University of Washington	116	(9)
Tiffany v. Arizona Interscholastic Association, Inc.	125	(3)
Notes and Comments	128	(1)
D. International and Olympic Sports Rules and Procedures	129	(26)
Problem	129	(1)
Case File	129	(1)
Reynolds v. International Amateur Athletic Federation	129	(11)
Martin v. International Olympic Committee	140	(11)
In the Matter of the Arbitration Between: Jessica K. Foschi and United States Swimming, Inc.	151	(2)
Notes and Comments	153	(2)
Chapter 3 Gender Equity in Amateur Athletics	155	(84)
A. Introduction	155	(1)
B. Constitutional Issues	156	(19)
Problem 1	156	(1)
Problem 2	156	(1)
Case File	156	(1)
Hoover v. Meiklejohn	156	(7)
Williams v. School District of Bethlehem, Pa.	163	(5)
Blair v. Washington State University	168	(5)
Notes and Comments	173	(2)
C. Title IX	175	(49)
Introduction	175	(2)
Problem	177	(3)
Case File	180	(1)
Franklin v. Gwinnett County Public Schools	180	(5)
Horner v. Kentucky High School Athletic Association	185	(7)
Roberts v. Colorado State Board of Agriculture	192	(7)
Pedersen v. Louisiana State University	199	(15)
Kelley v. Board of Trustees of the University of Illinois	214	(4)
Boucher v. Syracuse University	218	(3)
Notes and Comments	221	(3)
D. Employment Discrimination	224	(15)
Introduction	224	(1)
Problem	224	(1)
Case File	224	(1)
Stanley v. University of Southern California	224	(10)
Bowers v. Baylor University	234	(3)
Notes and Comments	237	(2)
Chapter 4 Amateur Sports and Antitrust Law	239	(58)
A. Introduction	239	(1)
B. Collegiate Sports Antitrust Issues	240	(57)
Problem	240	(1)
Case File	241	(1)
Hennessey v. National Collegiate Athletic Association	241	(7)
Hairston v. Pacific-10 Conference	248	(6)
Banks v. National Collegiate Athletic Association	254	(14)
National Collegiate Athletic Association v. Board of Regents of the University of Oklahoma	268	(15)
Law v. National Collegiate Athletic Association	283	(11)
Notes and Comments	294	(3)
II PEOFESSIONAL SPORTS ISSUES	297	(356)
Chapter 5 League Decision Making/Commissioner Power	299	(144)
A. Introductory Comments	299	(1)
B. Sports League Operations--Generally	299	(1)
C. Baseball Antitrust Exemption--Prologue	300	(35)
Problem	302	(1)
Case File	302	(1)
Flood v. Kuhn	302	(12)
Piazza v. Major League Baseball	314	(8)
Butterworth v. National League of Professional Baseball Clubs	322	(5)
New Orleans Pelicans Baseball Club, Inc. v. National Association of Professional Baseball Leagues, Inc.	327	(2)
Testimony of Bud Selig	329	(1)
Testimony of Stanley Brand	329	(3)
Notes and Comments	332	(3)
D. League Decision Making--Generally	335	(1)
E. League Decision Making--Membership	336	(24)
Problem	337	(1)
Case File	337	(1)
Morsani v. Major League Baseball	337	(3)
New Orleans Pelicans Baseball Club, Inc. v. National Association of Professional Baseball Leagues, Inc.	340	(3)
Piazza v. Major League Baseball	343	(3)
Levin v. National Basketball Association	346	(2)
North American Soccer League v. National Football League	348	(6)
Notes and Comments	354	(6)
F. League Decision Making--Relocation	360	(24)
Problem	360	(1)
Case File	361	(1)
Los Angeles Memorial Coliseum Comm'n. v. NFL	361	(8)
National Basketball Association v. SDC Basketball Club, Inc.	369	(2)
Testimony of Paul Tagliabue	371	(4)
Testimony of Andrew Zimbalist	375	(3)
Notes and Comments	378	(6)
G. League Decision Making--Merchandising/Broadcasting	384	(21)
Problem	385	(1)
Case File	386	(1)
National Football League Properties, Inc. v. Dallas Cowboys Football Club, Ltd.	386	(5)
Chicago Professional Sports Limited Partnership v. National Basketball Association	391	(9)
Notes and Comments	400	(5)
H. League vs. League & Other External Matters	405	(26)
Problem	406	(1)
Case File	407	(1)
American Football League v. National Football League (D. Md)	407	(1)
American Football League v. National Football League (4th Cir.)	418	(3)
United State Football League v. National Football League	421	(7)
Notes and Comments	428	(3)
I. Authority of League Commissioners	431	(12)
Problem	431	(2)
Case File	433	(1)
Finely v. Kuhn	433	(6)
Notes and Comments	439	(4)
Chapter 6 Labor & Antitrust Law in Professional Sports	443	(50)
A. Introductrory Comments	443	(1)
B. Collective Bargaining--Generally	443	(6)
Staudohar, Playing for Dollars: Labor Relations & The Sports Business	444	(5)
C. Antitrust Law, Labor, and the "Nonstatutory Exemption"	449	(1)
D. Case Studies	450	(43)
Problem	455	(2)
Case File	457	(1)
Mackey c. National Football League	457	(5)
Robertson v. National Basketball Association	462	(3)
Smith v. Pro-Football, Inc.	465	(4)
In the Matter of the Arbitration Between Major League Baseball Players Association and the 28 Major League Clubs	469	(4)
Silverman v. Major League Baseball Player Relations Committee, Inc.	473	(5)
Brown v. Pro Football, Inc	478	(7)
Notes and Comments	485	(8)
Chapter 7 Enforcement of Sports Contracts	493	(60)
A. Introductory Comments	493	(1)
B. The Law of Contracts--Generally Plater & Club	493	(16)
Problem	496	(1)
Case File	497	(1)
Minnesota Muskies, Inc. v. Hudson	497	(5)
Munchak Corp. v. Cunningham	502	(1)
Dallas Cowboys Football Club. Inc. v. Harris	502	(4)
Notes and Comments	506	(3)
C. The Law of Contracts--Club & Facility	509	(8)
Problem	510	(1)
Case File	510	(1)
City of New York v. New York Yankees	510	(3)
City of New York v. New York Jets Football Club, Inc	513	(4)
D. Grievance Arbitration	517	(26)
Problem	521	(1)
Case File	522	(1)
Dryer v. Los Angeles Rams	522	(4)
Morris v. New York Football Giants, Inc.	526	(2)
Summary of Arbitration Decisions	528	(6)
Nordstrom v. National Labor Relations Board	534	(2)
Notes and Comments	536	(7)
E. Salary Arbitration	543	(10)
Notes and Comments	550	(3)
Chapter 8 Representation of Professional Athletes	553	(58)
A. Introductory Comments	553	(4)
B. Player Agent: Capacity to Contract; Eligibility and Registration Under Existing Regulations	557	(24)
Case File	559	(1)
NFLPA Regulations Governing Contract Advisors	559	(2)
Federal Investment Advisers Act of 1940	561	(3)
Texas Athlete Agents Regulatory Act	564	(1)
Alabama Athlete Agents Regulatory Act of 1987	565	(2)
Zinn v. Parrish	567	(4)
Collins v. National Basketball Players Association	571	(2)
Total Economic Athletic Management of America, Inc. v. Pickens	573	(3)
Notes and Comments	578	(3)
C. Player Agent: Regulatory Limitations on Formation of Player-Agent Services Contracts: Resolution of Disputes Between Player and Agent	581	(14)
Problem	582	(1)
Case File	583	(1)
NFLPA Regulations Governing Contract Advisors	583	(4)
Federal Investment Advisors Act of 1940	587	(1)
California Athletic Agents Act	588	(2)
Texas Athlete Agents Regulatory Act	590	(1)
Alabama Athlete Agents Regulatory Act of 1987	591	(2)
Notes and Comments	593	(2)
D. Player Agent: Duties Imposed by Common Law; Statutes and Regulations; Remedies	595	(16)
Problem	596	(1)
Case File	597	(1)
NFLPA Regulations Governing Contract Advisors	597	(1)
Federal Investment Advisors Act of 1940	598	(1)
California Athlete Agents Act	599	(1)
Alabama Athlete Agents Regulatory Act of 1987	600	(1)
Detroit Lions, Inc. v. Argovitz	601	(4)
Brown v. Woolf	605	(2)
Notes and Comments	607	(4)
Chapter 9 Negotiation of Sports Contracts	611	(42)
A. Introductory Comments	611
B. Negotiation Theory	611	(7)
C. Negotiation of the Player-Team Contract	618	(26)
Problem	632	(9)
Notes and Comments	641	(3)
D. Negotiating the Endorsement Contract	644	(9)
Notes and Comments	651	(2)
III ISSUES COMMON TO AMATEUR AND PROFESSIONAL SPORTS	653	(170)
Chapter 10 Criminal Liability of Sports Participants	655	(18)
Problem 1	655	(1)
Problem 2	656	(2)
Case File	658	(1)
Regina v. Bradshaw	658	(1)
Regina v. Maki	659	(3)
Regina v. Green	662	(3)
Notes and Comments	665	(8)
Chapter 11 Torts and Sports	673	(116)
A. Liability of One Participant to Another	673	(27)
Problem	677	(2)
Case File	679	(1)
Bourque v. Duplechin	679	(1)
Nabozny v. Barnhill	680	(3)
Hackbart v. Cincinnati Bengals. Inc. [I]	683	(5)
Hackbart v. Cincinnati Bengals. Inc. [II]	688	(3)
Gauvin v. Clark	691	(1)
Notes and Comments	692	(8)
B. The Spectator as Plaintiff	700	(12)
Problem	701	(6)
Notes and Comments	707	(5)
C. Medical Malpractice in Athletics	712	(16)
Problem 1	713	(1)
Problem 2	713	(2)
Case File	715	(1)
Rosensweig v. State	715	(1)
Colombo v. Sewannaka Central High School District No.2	716	(2)
Notes and Comments	718	(10)
D. Products Liability for Defective for Athletic Equipment	728	(17)
Problem	729	(2)
Case File	731	(1)
McCormick v. Lowe & Campbell Athletic Goods Co.	731	(1)
Dudley Sports Co. v. Schmitt	732	(2)
Hauter v. Zogarts	734	(3)
Nissen Trampoline Company v. Terre Haute First National Bank	737	(2)
Notes and Comments	739	(6)
E. Defamation and Invasion of Privacy	745	(35)
The Matirx of Relevant Supreme Court Cases	747	(8)
Problem	755	(1)
Case File	756	(1)
Time, Inc. v. Johnston	756	(3)
Spahn v. Julian Messner. Inc.	759	(2)
Namath v. Sports Illustrated	761	(2)
Monthana v. San Jose Mercury News, Inc.	763	(5)
Abdul-Jabbar v. General Motors Corporation	768	(7)
Notes and Comments	775	(5)
F. Intenational Interference with Contractual Relations	780	(9)
Problem	780	(1)
Case File	781	(1)
World Football League v. Dallas Cowboys Football Club, Inc.	781	(2)
New England Patriots Football Club, Inc. v. University of Colorado	783	(2)
Notes and Comments	785	(4)
Chapter 12 Drug Testing	789	(34)
Vernonia School Dist. v. Acton	789	(10)
Problem	799	(14)
Notes and Comments	813	(10)
Index	823