Sports Law And Regulation

by Mitten, Matthew J.

• ISBN13: 9780735540583
• ISBN10: 0735540586
• Format: Hardcover
• Copyright: 2005-03-01
• Publisher: Wolters Kluwer

Summary

This casebook covers both amateur and professional sports -- as well as issues common to both industries -- and is suitable as the primary text for either a two- or three-hour sports law course. Sports Law and Regulation: Cases, Materials, and Problems takes a penetrating look at the regulation of interscholastic athletics, intercollegiate athletics, Olympic and international sports issues, professional athletics, and agents, As well as gender and racial equity. the authors reveal the scope and depth of the area while keeping their presentation coherent and concise: principal cases include both leading historical and major recent sports law cases ancillary legal doctrines and minor cases are discussed in detailed introductory and historical materials for each chapter offers analysis of the developing legal principles governing the amateur and professional sports industries includes an appropriate amount of introductory and explanatory materials, notes, and questions that facilitate student understanding raises some of the deeper philosophical, sociological, psychological, and economic policy issues that arise in the sports context, mirroring the practice of law in the 21st century generally, and heightening student understanding of sports-related legal issues students gain opportunities to apply new knowledge and develop their skills through a series of hypothetical problems as well as exercises in client counseling, negotiation, and document drafting exercises to enable effective teaching, The authors make their casebook: flexible, So instructors can cover selected sections or chapters for a general sports law course or separate courses in either Amateur Sports Law or Professional Sports Law comprehensive, with coverage of a wide variety of legal issues affecting the sports industry adaptable for use in both law school and graduate-level sports law courses part of a complete teaching package that includes a detailed Teacher's Manual with answers to all questions and problems, As well as sample syllabi

Table of Contents

Preface	xxv
Acknowledgments	xxvii
An Introduction to the Study of Sports Law	1	(18)
What Is Sports Law?	1	(3)
The Significance of Sport and Sports Law	4	(12)
The Role of Sport in Society	4	(1)
Sport and Cultural Values	4	(1)
Positive Values Associated with Sport	4	(2)
Negative Values Associated with Sport	6	(2)
Sport and Its Various Intersections	8	(1)
Sport, Culture, and Metaphors	8	(1)
Metaphors	9	(1)
Shaping Gender Identity	10	(1)
Sport and Religion: The Ultimate Metaphor or Something More?	10	(1)
Sport and Economics	11	(1)
Sport and Politics	12	(4)
Is the Study of Sports Law Marginalized?	16	(3)
Regulating Interscholastic (High School) Athletics	19	(84)
Interscholastic Athletics: The Rise of Regulation at the State and National Levels	19	(3)
Historical Overview	19	(1)
Regulating Interscholastic Athletics	20	(1)
Regulatory Framework for Interscholastic Athletics	21	(1)
Case Analysis	22	(81)
State Action	23	(1)
Brentwood Academy v. Tennessee Secondary School Athletic Assn.	24	(7)
Eligibility Issues	31	(1)
Transfer Rules	31	(1)
Problem 2-1	32	(1)
Indiana High School Athletic Assn., Inc. v. Avant	32	(6)
Walsh v. Louisiana High School Athletic Assn.	38	(7)
``Outside Competition'' Rules	45	(1)
Letendre v. Missouri State High School Activities Assn.	45	(4)
Good Conduct Rules	49	(1)
Problem 2-2	49	(1)
Brands v. Sheldon Community School	50	(8)
Age Rules	58	(1)
Problem 2-3	58	(1)
Tiffany v. Arizona Interscholastic Assn., Inc.	59	(5)
Problem 2-4	64	(1)
California Interscholastic Federation, Article 2, Eligibility Requirements	64	(3)
Personal Appearance and Grooming Cases	67	(1)
Problem 2-5	67	(2)
Davenport v. Randolph County Bd. of Educ.	69	(2)
Problem 2-6	71	(2)
Constitutional Issues	73	(1)
First and Fourth Amendment Claims	73	(1)
Drug Testing	74	(1)
Vernonia School District 47J v. Acton	74	(8)
Freedom of Speech and Association	82	(1)
Wildman v. Marshalltown School Dist.	82	(3)
Freedom of Religion	85	(1)
Free Exercise Issues	85	(1)
Menora v. Illinois High School Assn.	86	(6)
Establishment Cases	92	(1)
Santa Fe Independent School Dist. v. Doe	92	(8)
Problem 2-7	100	(3)
Regulating Intercollegiate Athletics	103	(182)
Introduction	103	(1)
Intercollegiate Athletics: The NCAA and the Rise of Regulation	103	(10)
Intercollegiate Athletics Governing Bodies	103	(1)
Historical Overview of the NCAA	104	(1)
1840-1910	104	(1)
1911-1970	105	(1)
1971-1983	106	(1)
1984-2000	107	(4)
2000 to the Present	111	(2)
Defining the Student-Athlete and University Relationship	113	(56)
Contractual and Related Aspects	113	(1)
Problem 3-1	114	(1)
Taylor v. Wake Forest University	114	(2)
NCAA Bylaw, Article 15	116	(2)
Text of the National Letter of Intent	118	(3)
Ross v. Creighton University	121	(5)
Jackson v. Drake University	126	(5)
Problem 3-2	131	(6)
NCAA Bylaw, Article 14	137	(2)
Problem 3-3	139	(1)
Student-Athletes as Employees: Student-Athletes and Workers' Compensation	140	(1)
Waldrep v. Texas Employers Insurance Assn.	141	(10)
Do Student-Athletes Possess Property or Liberty Interests?	151	(1)
Problem 3-4	151	(1)
Hysaw v. Washburn University of Topeka	152	(9)
Conard v. University of Washington	161	(8)
First Amendment Rights Issues	169	(8)
The First Amendment and the Media	170	(1)
Bilney v. The Evening Star Newspaper Co.	171	(5)
Religious Liberty Issues	176	(1)
Problem 3-5	176	(1)
Judicial Deference to the NCAA	177	(24)
Constitutional and Statutory Matters	177	(1)
NCAA v. Tarkanian	177	(8)
NCAA v. Smith	185	(3)
NCAA Rules Enforcement	188	(1)
Bloom v. NCAA	189	(8)
Drug Testing of Student-Athletes	197	(1)
Brennan v. Bd. of Trustees for University of Louisiana Systems	198	(3)
The NCAA Rules Infraction Enforcement Process	201	(35)
Institutions and the Infractions Process	202	(1)
NCAA Constitution	202	(1)
Bucknell University, Public Infractions Appeals Committee	203	(4)
Coaches and Other Internal Institutional Personnel and the Infractions Process	207	(1)
NCAA Regulations---Sections 10 and 11	207	(1)
Former Head Men's Basketball Coach, University of Minnesota, Twin Cities, Public Infractions Appeals Committee Report	208	(9)
Infractions Related to Actions Taken by Athletics Representatives External to the Institution (e.g., Boosters)	217	(1)
NCAA Regulations---Sections 6 and 10	217	(1)
Problem 3-6	218	(1)
University of Alabama, Tuscaloosa, Public Infractions Appeals Committee Report	219	(10)
The University of California, Berkeley, Public Infractions Appeals Committee Report	229	(5)
Problem 3-7	234	(2)
Antitrust Limitations on NCAA Regulatory Authority	236	(49)
Historical Background	236	(3)
Nature and Scope of Antitrust Limits	239	(1)
Television Contracts	240	(1)
NCAA v. Board of Regents of the University of Oklahoma	240	(18)
Coaches' Salaries	258	(1)
Law v. NCAA	258	(9)
Athlete Eligibility Standards	267	(1)
Smith v. NCAA	267	(2)
Banks v. NCAA	269	(6)
McCormack v. NCAA	275	(8)
Problem 3-8	283	(1)
Problem 3-9	283	(2)
Regulating Olympic and International Athletics	285	(74)
Introduction: History of the Olympic Games	285	(6)
Traditions of the Olympic Games	285	(1)
Organization, Governance, and Structure of the Olympic Movement	286	(5)
Regulation of Olympic Sports Within the United States	291	(22)
Basis of Athletic Governing Body Authority and Legal Limits	291	(1)
DeFrantz v. U.S. Olympic Committee	291	(9)
Legal Framework for Resolving Disputes Regarding Athlete Eligibility to Participate	300	(2)
Harding v. U.S. Figure Skating Assn.	302	(2)
Slaney v. International Amateur Athletic Federation	304	(4)
Lindland v. U.S. Wrestling Assn., Inc.	308	(5)
Limits on Use of National Law to Regulate Olympic and International Athletic Competition	313	(17)
Reynolds v. International Amateur Athletic Federation	313	(7)
Spindulys v. Los Angeles Olympic Organizing Committee	320	(3)
Slaney v. International Amateur Athletic Federation	323	(7)
Court of Arbitration for Sport	330	(29)
Problem 4-1	330	(4)
Doping Violations and Sanctions	334	(1)
USA Shooting & Q. v. International Shooting Union (UIT) (``Quigley'')	334	(5)
C. v. Federation Internationale de Natation Amateur (FINA) (``Chagnaud'')	339	(8)
Disputed Competition Results	347	(1)
Yang Tae Young v. International Gymnastics Federation	348	(5)
Governing Body Disciplinary Action	353	(1)
Samoa NOC and Sports Federation, Inc. v. International Weightlifting Federation (IWF)	353	(1)
Alan Tzagaev v. International Weightlifting Federation (IWF)	354	(3)
Problem 4-2	357	(1)
Problem 4-3	358	(1)
Coaches' Contracts and Related Issues	359	(36)
Introduction	359	(1)
Is There a Property Interest in a Coaching Position?	360	(5)
Kish v. Iowa Central Community College	360	(4)
Problem 5-1	364	(1)
Compensation Issues	365	(18)
What Constitutes Compensation?	365	(1)
Rodgers v. Georgia Tech Athletic Assn.	365	(7)
Termination, Breach, and Liquidated Damages	372	(1)
Vanderbilt University v. Dinardo	373	(9)
Problem 5-2	382	(1)
Contract Negotiation Exercise	383	(12)
Summaries of Coaches' Contracts Reported as of December 23, 2003	384	(3)
Helpful Resource Materials	387	(1)
Sample Contract	388	(7)
Regulating Professional Athletics	395	(118)
Introduction	395	(1)
Origin and Evolution of Modern Professional Sports Industries	395	(8)
Evolution of Sports into a Business and Profession	396	(2)
Unique Features of Professional Team Sports	398	(1)
The Principal ``Players'' in the Professional Sports Industries	399	(1)
Leagues	400	(1)
Clubs or Teams	400	(1)
Commissioners	400	(1)
Players	401	(1)
Players Associations	401	(1)
Agents	402	(1)
Other Industries Integral to Modern Professional Sports	403	(1)
Overview of the Legal Framework	403	(29)
Contract Law	404	(1)
Philadelphia Ball Club, Ltd. v. Lajoie	405	(4)
Washington Capitols Basketball Club, Inc. v. Barry	409	(4)
Machen v. Johansson	413	(4)
Problem 6-1	417	(1)
Antitrust Law	418	(1)
Nature and Purposes of the Antitrust Laws	418	(2)
Applicability of Antitrust Law to Professional Sports	420	(1)
Federal Baseball Club of Baltimore, Inc. v. National League of Professional Baseball Clubs	421	(1)
Flood v. Kuhn	422	(6)
Labor Law	428	(1)
The American League of Professional Baseball Clubs and Assn. of National Baseball League Umpires	428	(4)
Internal League Governance and Commissioner Authority	432	(53)
Scope of Judicial Review of Internal League Governance	433	(3)
League Commissioner Authority	436	(2)
Charles O. Finley & Co., Inc. v. Kuhn	438	(4)
Atlanta National League Baseball Club, Inc. v. Kuhn	442	(7)
Problem 6-2	449	(1)
Antitrust Limits on Internal Governance	450	(1)
Acquisition, Ownership, and Sale of a Franchise	451	(1)
Mid-South Grizzlies v. NFL	451	(5)
Levin v. NBA	456	(2)
Franchise Relocation	458	(1)
Los Angeles Memorial Coliseum Commission v. NFL (``Raiders I'')	458	(16)
Problem 6-3	474	(1)
Broadcasting and Sponsorship Restrictions	474	(2)
NFL Properties, Inc. v. Dallas Cowboys Football Club, Ltd.	476	(2)
Chicago Professional Sports Ltd. Partnership v. NBA (``Bulls IV'')	478	(6)
Problem 6-4	484	(1)
Antitrust Disputes Between Rival Sports Leagues and Organizations	485	(28)
Financial Capital and Management Expertise	486	(1)
North American Soccer League v. NFL	486	(5)
League Expansion and Control of Playing Facilities	491	(1)
American Football League v. NFL	491	(4)
Hecht v. Pro-Football, Inc.	495	(3)
Restricting Access to Players	498	(1)
Philadelphia World Hockey Club, Inc. v. Philadelphia Hockey Club, Inc.	498	(6)
National Television Contracts	504	(1)
U.S. Football League v. NFL	504	(7)
Problem 6-5	511	(2)
Labor Law and Labor Relations	513	(158)
Historical Overview	513	(3)
The Intersection of Antitrust and Labor Law	516	(43)
Initial Judicial Development and Application of the Nonstatutory Labor Exemption	518	(1)
Mackey v. NFL	519	(6)
Judicial Extension of the Scope of the Nonstatutory Labor Exemption	525	(1)
Powell v. NFL	526	(5)
Brown v. Pro Football, Inc.	531	(8)
Clarett v. NFL (District Court)	539	(5)
Clarett v. NFL (Circuit Court)	544	(5)
Continued Viability of Antitrust Litigation in Player-Management Conflicts	549	(2)
Clarett v. NFL (District Court)	551	(7)
Problem 7-1	558	(1)
Unfair Labor Practices	559	(22)
League Interference with Players' Rights to Unionize	559	(1)
League Refusal to Recognize Players' Union as Exclusive Bargaining Representative	560	(1)
Retaliation Against Union Activists	561	(1)
Breach of Duty to Bargain in Good Faith or Provide Relevant Information Concerning Mandatory Subjects of Collective Bargaining	562	(1)
Silverman v. Major League Baseball Player Relations Committee, Inc. (``Silverman I'')	562	(7)
Silverman v. Major League Baseball Player Relations Committee, Inc. (``Silverman II'')	569	(7)
Discrimination Against Striking Players	576	(1)
NFL Management Council	576	(3)
Problem 7-2	579	(2)
Union's Duty of Fair Representation	581	(5)
Peterson v. Kennedy	581	(5)
Collective Bargaining in the Professional Sports Industries	586	(26)
Salary Caps and Competitive Balance Taxes	586	(2)
Collective Bargaining Provisions on Player Mobility	588	(1)
NBA Player Mobility Provisions	589	(1)
NBA Collective Bargaining Agreement	589	(4)
NFL Player Mobility Provisions	593	(1)
Collective Bargaining Agreement Between the NFL Management Council and the NFL Players Association	593	(3)
Major League Baseball Player Mobility Provisions	596	(1)
2003-2006 Basic Agreement (MLB CBA)	596	(4)
Uniform Player Contracts	600	(1)
Problem 7-3	601	(2)
NBA Uniform Player Contract	603	(9)
Labor Arbitration	612	(45)
Wide Impact Arbitration	614	(1)
National & American League Professional Baseball Clubs v. Major League Baseball Players Assn.	614	(4)
Defining the Scope of Judicial Review	618	(1)
Kansas City Royals v. Major League Baseball Players Assn.	618	(4)
Major League Baseball Players Assn. v. Garvey	622	(4)
Salary Arbitration	626	(1)
Problem 7-4	627	(2)
2003-2006 Basic Agreement (MLB CBA)	629	(4)
Contract Dispute Arbitration	633	(1)
Failure to Honor Contract and Remedies for Enforcement	633	(1)
Boston Celtics Limited Partnership v. Brian Shaw	634	(4)
Club and League Power to Discipline	638	(1)
NBA Players Assn. on Behalf of Player Latrell Sprewell and Warriors Basketball Club and NBA	638	(6)
Sprewell v. Golden State Warriors	644	(3)
Renegotiation of Contracts	647	(1)
Arbitration Between NFL Management Council and John Hannah and Leon Gray	648	(2)
Arbitration Between NBA (Chicago Bulls) and National Basketball Players Association (Robert Love)	650	(1)
Mitigation of Damages	651	(1)
Arbitration Between NFL Players Assn. (Dante Pastorini) and NFL (Oakland Raiders)	651	(2)
Bonus Provision Arbitrations	653	(1)
Arbitration Between Major League Baseball Clubs (Cleveland Indians) and Major League Baseball Players Assn. (James B. Bibby)	653	(2)
Problem 7-5	655	(1)
Side Deals and Undisclosed Agreements	655	(2)
Drugs and Professional Team Sports	657	(14)
Background	657	(1)
Initial Developments and Reactions	658	(2)
In the Matter of Arbitration Between Major League Baseball Players Assn. (Ferguson Jenkins) and Major League Player Relations Committee (Commissioner Kuhn)	660	(1)
In the Matter of Arbitration Between Bowie Kuhn, Commissioner of Baseball, and MLBPA (Willie Wilson, Jerry Martin)	661	(1)
In the Matter of Arbitration Between Major League Baseball Players Assn. (Pascual Perez) and Bowie Kuhn, Commissioner of Baseball	662	(1)
In the Matter of Arbitration Between Major League Baseball Players Assn. (Steve Howe) and Fay Vincent, Commissioner of Baseball	662	(2)
Drug Testing in Team Sports	664	(1)
National Basketball Association (NBA)	664	(1)
WNBA Drug Policy	665	(1)
NFL Drug Policy	666	(1)
MLB Drug Policy	666	(1)
NHL Drug Policy	667	(1)
Additional Issues for Teams, Players, and Other Sports Interests	668	(1)
Problem 7-6	668	(3)
Regulating Agents	671	(64)
Introduction	671	(1)
The Nature of the Relationship	672	(33)
Basic Duties	672	(1)
The Legal Basis of the Relationship	672	(2)
The Standard of Care	674	(1)
Zinn v. Parrish	674	(4)
Williams v. CWI, Inc.	678	(5)
Problem 8-1	683	(1)
Conflicts of Interest	684	(1)
Problem 8-2	684	(1)
NFLPA Regulations Governing Contract Advisors	685	(1)
National Basketball Players Assn. Regulations Governing Player Agents	685	(1)
The Detroit Lions, Inc. v. Argovitz	686	(6)
Problem 8-3	692	(1)
Competition for Clients: Conflicts Between Agents	692	(1)
NFLPA Standard Representation Agreement	693	(1)
Speakers of Sport, Inc. v. Proserv, Inc.	694	(3)
Bauer v. The Interpublic Group of Companies, Inc.	697	(8)
Regulations and Legislation	705	(25)
Federal Regulation	705	(1)
The Sports Agent Responsibility Trust Act	705	(1)
Non-Agent-Specific Federal Legislation	706	(1)
United States v. Piggie	707	(4)
Players' Associations	711	(1)
Authority to Regulate	711	(1)
Collins v. National Basketball Players Assn.	712	(4)
Fees	716	(1)
Brown v. Woolf	716	(2)
NFLPA Regulations Governing Contract Advisors	718	(1)
State Regulation: The Uniform Athlete Agents Act	719	(1)
Problem 8-4	720	(1)
NCAA Bylaw, Article 12	721	(1)
NFLPA Regulations Governing Contract Advisors	722	(3)
Uniform Athletes Agents Act (2000)	725	(5)
Problem 8-5	730	(1)
Ethical Issues	730	(5)
Ethics Opinion	731	(1)
ISBA Advisory Opinion on Professional Conduct	732	(2)
Problem 8-6	734	(1)
Racial Equity Issues in Athletics	735	(58)
Introduction	735	(2)
An Historical Perspective	737	(4)
Racial Segregation: Intercollegiate Athletics	737	(1)
The Myth of the Superspade: The Persistence of Racism in Intercollegiate Athletics	737	(3)
Racial Segregation: Professional Sports	740	(1)
The Reintegration of Professional and Amateur Sports	741	(1)
Race and Racial Equity in Modern Sports: An Evolving Debate	741	(10)
Coaching and Administrative Opportunities	742	(1)
College Sports	742	(1)
Coaching Opportunities	742	(1)
Administrative Opportunities	743	(2)
Professional Sports	745	(1)
Intersections	746	(1)
Race and Gender	746	(1)
Race and Economic Exploitation	747	(1)
Race and Globalization	747	(4)
Case Law	751	(42)
Academic Racism and Marginalization: NCAA Initial Eligibility Rules	751	(1)
Problem 9-1	751	(1)
Pryor v. NCAA	752	(10)
NCAA Bylaw, Article 14	762	(1)
Employment Discrimination: Title VII and Section 1981 Comment	763	(2)
The Front Office and Antidiscrimination Law Jackson v. University of New Haven	765	(9)
Problem 9-2	774	(1)
Stereotypes: Racially Stereotyped Mascots---Racism or Pride?	775	(1)
Pro-Football, Inc. v. Harjo	775	(8)
Problem 9-3	783	(1)
Racially Hostile Environments and Conduct	783	(1)
Problem 9-4	783	(2)
Priester v. Lowndes County	785	(8)
Gender Equity Issues in Athletics	793	(70)
Introduction	793	(1)
Historical Perspective	794	(4)
Gender-Based Exclusion from a Particular Sport	798	(15)
Force v. Pierce City R-VI School District	798	(6)
Williams v. School District of Bethlehem, PA	804	(5)
Mercer v. Duke University	809	(4)
Problem 10-1	813	(1)
Equal Athletic Participation Opportunities, Benefits, and Treatment	813	(30)
Equal Athletic Participation Opportunities	814	(1)
Cohen v. Brown University	814	(7)
Boucher v. Syracuse University	821	(6)
Pederson v. Louisiana State University	827	(4)
Problem 10-2	831	(1)
Equal Benefits and Treatment	832	(1)
McCormick v. School District of Mamaroneck	832	(5)
Daniels v. School Board of Brevard County, Florida (``Daniels I'')	837	(2)
Daniels v. School Board of Brevard County, Florida (``Daniels II'')	839	(4)
Adverse Effects of Title IX and Policy Implications	843	(7)
Neal v. Board of Trustees of the California State Universities	844	(5)
Problem 10-3	849	(1)
Problem 10-4	849	(1)
Gender-Based Employment Discrimination in Athletics	850	(13)
Wage Discrimination	850	(1)
Deli v. University of Minnesota	850	(4)
Problem 10-5	854	(1)
Retaliatory Discharge or Punitive Action	855	(1)
Lowrey v. Texas A&M University System	855	(7)
Problem 10-6	862	(1)
Health, Safety, and Risk Management Issues in Sports	863	(118)
Introduction	863	(1)
Tort and Criminal Liability for Athletics-Related Injuries	863	(34)
Injury to Spectators	863	(1)
Thurmond v. Prince William Professional Baseball Club, Inc.	863	(7)
Problem 11-1	870	(1)
Injury to Athletes	871	(1)
Co-participant Liability	871	(1)
Tort Liability	871	(1)
Hackbart v. Cincinnati Bengals, Inc. (District Court)	871	(4)
Hackbart v. Cincinnati Bengals, Inc. (Circuit Court)	875	(2)
Mark v. Moser	877	(8)
Criminal Liability	885	(1)
People v. Schacker	885	(2)
Regina v. McSorley	887	(5)
People v. Hall	892	(4)
Problem 11-2	896	(1)
Liability of Educational Institutions	897	(35)
High School	897	(1)
Legal Duty of Care	897	(1)
Kahn v. East Side Union High School District	898	(7)
Sovereign Immunity	905	(1)
Prince v. Louisville Municipal School District	905	(5)
The Validity of Liability Waivers	910	(1)
Wagenblast v. Odessa School District No. 105-157-166J	911	(3)
Sharon vs. City of Newton	914	(6)
College or University	920	(1)
Kleinknecht v. Gettysburg College	920	(5)
Orr v. Brigham Young University	925	(2)
Searles v. Trustees of St. Joseph's College	927	(5)
Problem 11-3	932	(1)
Sports Medicine Malpractice Liability	932	(7)
Krueger v. San Francisco Forty Niners	933	(5)
Problem 11-4	938	(1)
Injury Compensation for Professional Athletes	939	(13)
Pro-Football, Inc. v. Uhlenhake	941	(6)
Lyons v. Workers' Compensation Appeal Board	947	(3)
DePiano v. Montreal Baseball Club, Ltd.	950	(2)
Participation Rights of Athletes with Physical or Mental Impairments	952	(29)
Enhanced Risk of Harm to One's Self	952	(2)
Knapp v. Northwestern University	954	(7)
Enhanced Risk of Harm to Others	961	(1)
Montalvo v. Radcliffe	961	(6)
Problem 11-5	967	(1)
Game Rules, Eligibility Rules, and Reasonable Accommodations	967	(1)
PGA Tour, Inc. v. Martin	967	(8)
Problem 11-6	975	(1)
Cruz v. Pennsylvania Interscholastic Athletic Assn., Inc.	975	(6)
Intellectual Property Issues in Sports	981	(78)
Introduction	981	(1)
Trademarks, Logos, and Other Identifying Insignia	982	(29)
As Name of Sports Team or Event	982	(1)
Indianapolis Colts, Inc. v. Metropolitan Baltimore Football Club Limited Partnership	982	(5)
Affixation of Sports-Related Mark to Merchandise	987	(1)
Boston Professional Hockey Assn., Inc. v. Dallas Cap & Emblem Mfg., Inc.	988	(2)
Board of Governors of the University of North Carolina v. Helpingstine	990	(3)
NFL Properties, Inc. v. New Jersey Giants, Inc.	993	(9)
Problem 12-1	1002	(1)
Ambush Marketing	1003	(1)
NHL v. Pepsi-Cola Canada Ltd.	1004	(6)
Problem 12-2	1010	(1)
Game Accounts, Statistics, and Broadcasting Rights	1011	(19)
Historical Background and Overview	1011	(1)
Nature and Scope of Protectable Rights in a Sports Event	1012	(1)
NBA v. Motorola, Inc.	1013	(7)
Morris Communications Corp. v. PGA Tour, Inc.	1020	(4)
Infringement of a Sports Broadcast	1024	(1)
NFL v. McBee & Bruno's, Inc.	1024	(3)
NFL v. Tvradionow Corp.	1027	(3)
Problem 12-3	1030	(1)
Athletes' Privacy, Reputation, and Publicity Rights	1030	(29)
Historical Background and Overview	1030	(1)
Defamation	1031	(1)
Right of Privacy	1032	(1)
Right of Publicity	1033	(1)
Lanham Act	1034	(1)
Athlete's Right of Publicity	1034	(1)
Elements of Claim	1034	(1)
Newcombe v. Adolf Coors Co.	1034	(3)
Hillerich & Bradsby Co. v. Christian Bros., Inc.	1037	(7)
First Amendment Limitations	1044	(2)
DOE a/k/a Tony Twist v. TCI Cablevision	1046	(4)
ETW Corp. v. Jireh Publishing, Inc.	1050	(6)
Problem 12-4	1056	(3)
Table of Cases	1059	(12)
Index	1071