Sports Law

837 Pages·2010·4.144 MB·English

by  Patrick Thornton

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S L
PORTS AW
&
Patrick K. Thornton, JD, LLM
Adjunct Professor
The University of Houston Law Center
Adjunct Professor
South Texas College of Law
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Library of Congress Cataloging-in-Publication Data
Thornton, Patrick K.
Sports law/Patrick K. Thornton.
p. cm.
Includes bibliographical references and index.
ISBN-13: 978-0-7637-3650-7 (alk. paper)
ISBN-10: 0-7637-3650-3
1. Sports—Law and legislation—United States. I. Title.
KF3989.T48 2010
344.73'099—dc22
2009050588
6048
Printed in the United States of America
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To my wife, Alison, and our sons, Samuel and George.
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C
ONTENTS
Preface ix
Acknowledgments xi
Chapter 1 Sports in Society 1
The Influence of Sports 1
Sports Ethics 8
Sports Violence 13
Race and Sports 16
Professional Sports 21
Amateur Sports 38
Notes and Discussion Questions 55
Suggested Readings and Resources 58
Reference Materials 59
Chapter 2 Contracts 63
Contract Law 67
Application of Contract Law to Sports 73
The Standard Player Contract 88
Bonus and Addendum Clauses to Contracts 93
Guaranteed Contracts 109
Negotiation of Sports Contracts 112
Endorsement Contracts 116
Coaches’ Contracts 119
Notes and Discussion Questions 126
v
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vi Contents
Suggested Readings and Resources 134
Reference Materials 135
Chapter 3 Antitrust Law 137
Professional Sports 144
Amateur Athletics and Antitrust Law 179
Miscellaneous Antitrust Issues 181
Notes and Discussion Questions 183
Suggested Readings and Resources 189
Reference Materials 190
Chapter 4 Labor Relations in Sports 193
National Labor Relations Act 194
The Union’s Duty of Fair Representation 202
Collective Bargaining 209
Arbitration 214
Unfair Labor Practices 223
Notes and Discussion Questions 230
Suggested Readings and Resources 234
Reference Materials 234
Chapter 5 Agents 237
Duties and Responsibilities of Agents 240
Representation Agreements 245
Agent Fees 249
Conflicts of Interest 254
Competition Among Agents 259
The Regulation of Sports Agents 264
Notes and Discussion Questions 286
Suggested Readings and Resources 289
Reference Materials 289
Chapter 6 Torts and Risk Management 291
General Concepts 291
Negligence 292
Defamation 299
Right to Privacy and Publicity Rights 306
Premises Liability 318
Spectator Injuries 324
Participant Versus Participant Liability 335
Medical Malpractice 346
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Contents vii
Liability of Coaches 346
Liability of Officials and Referees 350
Tort Defenses 351
Workers’ Compensation 363
Notes and Discussion Questions 367
Suggested Readings and Resources 374
Reference Materials 375
Chapter 7 Discrimination 379
Racial Discrimination 380
Sex Discrimination 383
Religious Discrimination 389
Age Discrimination 398
Discrimination Against People with Disabilities 404
Sexual Harassment 417
Notes and Discussion Questions 422
Suggested Readings and Resources 428
Reference Materials 428
Chapter 8 Intellectual Property 431
Trademarks 431
Copyrights 454
Trade Secrets 462
Patents 467
Licensing and Sponsorships 476
Notes and Discussion Questions 479
Suggested Readings and Resources 485
Reference Materials 485
Chapter 9 Gender Equity and Women in Sports 489
Overview 489
Constitutional Issues in Gender Equity 498
Title IX 509
Notes and Discussion Questions 532
Suggested Readings and Resources 537
Reference Materials 538
Chapter 10 The National Collegiate Athletic Association (NCAA) 541
Structure and Organization 541
Actions Against the NCAA 548
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viii Contents
The Student-Athlete Relationship 554
Eligibility and NCAA Rules 574
Enforcement 583
Antitrust Issues 589
Notes and Discussion Questions 594
Suggested Readings and Resources 600
Reference Materials 601
Chapter 11 Amateur Athletics and Eligibility in Interscholastic Sports 605
Constitutional Considerations 608
Eligibility Rules 618
Free Speech Rights of Student-Athletes 663
Notes and Discussion Questions 668
Suggested Readings and Resources 674
Reference Materials 674
Chapter 12 Drug Testing in Sports 677
Professional Sports 679
Amateur Sports 706
International Sports 719
Notes and Discussion Questions 725
Suggested Readings and Resources 730
Reference Materials 731
Chapter 13 International Sports 733
Overview 733
Jurisdiction 735
The Olympic Games 741
Representative Cases 742
The Ted Stevens Olympic and Amateur Sports Act 762
Court of Arbitration for Sport 767
Miscellaneous International Issues 778
Notes and Discussion Questions 787
Suggested Readings and Resources 791
Reference Materials 792
Case Index 795
Index 801
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&
P
REFACE
When I accepted my award for the “most improved player” in Pop Warner football I thought at that
time my prospects for a professional sports career were fading. I knew they were completely gone when
I accepted the “most spirited player” award on my high school basketball team. At that point I began to
think about a career in academics, which eventually led me to study sports law.
If a student inquired about a course in sports law at a university or law school 25 years ago, that stu-
dent may have encountered a blank stare. Fortunately, that is not the case today. The business of sports
has become a multimillion-dollar industry with sports law leading the way. The topics of sports law run
the gamut of legal and societal issues, dealing with many categories of law, including contracts, torts,
intellectual property, labor relations, and antitrust and agency law. The rise of interest in sports law mir-
rors the explosion of the interest in sports in society and the business of sports.
Sports Law takes a look at the major legal cases, statutes, and regulations that explore a variety of
legal issues in sports law. Each chapter includes questions and notes to encourage further study in that
specific area of l w. This text assists both sports law students and sports practitioners as they progress
in their desired careers in the sports industry.
Sports Law begins by examining sports law in terms of the impact it has had on race, politics, reli-
gion, and society in general.As readers peruse the first chapte, they will gain an appreciation for sports
law and the effect of sports on society . Chapter 1 is written with a less “le gal” viewpoint than the
remaining chapters of the book. It contains anecdotes and e xamples of great moments and players in
sports and discusses their impact on legal issues within the sports world. It also deals with issues of race
relations in sports, sports ethics, and the ever-growing problem of violence in sports.
Many people think of player contracts when the y think of sports la w. They may think of Da vid
Beckham’s or Eli Manning’ s multimillion-dollar contracts. Chapter 2 introduces sports contracts
between players, teams, coaches, and sponsors. This chapter e xplores the Uniform Player Contract
(UPC) in professional sports and issues relating to contract bonuses, contract guarantees, breaches of
contract, and remedies for a breach of contract.
Chapter 3 explores the interrelationship between antitrust and sports law. Players, franchises, universities,
and others historically have used antitrust law to attempt to strike down unreasonable restraints of trade in vio-
lation of the Sherman Antitrust Act. The chapter presents Flood v. Kuhn(a case that many consider to be the
ix