Sports Law Midterm
Sports are defined by:
(1) Should include an element of competition
(2)Should not rely on an element of luck specifically integrated into the sport
(3)Should not be judged to pose an undue risk to the health and safety of its athlete
(4)Should in no way be harmful to any living creature
(5)Should not rely on equipment that is provided by a single supplier
Title IX:
A federal law that prohibits discrimination based on sex in educational programs and activities, including sports.
Notions of meritocracy
The belief that success in sports should be based on individual talent, effort, and achievement rather than factors like wealth, social status, or personal connections
Targeted reform of commercialized intercollegiate athletics
Specific changes aimed at addressing issues in college sports that have become overly focused on profit.
-Revenue Focus
-Fair Competition
-Transparency
-Athlete Rights
Infra
The violations or infractions of rules and regulations set by sports governing bodies.
- If an infraction is confirmed, penalties can include fines, suspensions, or bans from competition.
-Important to maintain fairness and integrity in sports.
- Any action that goes against the established rules of a league or organization, such as doping, recruitment violations, or financial misconduct.
Gender Identity
(1)Anti-discrimination laws protect athletes from being treated unfairly based on their gender identity.
(2)Laws and regulations are being developed to ensure that transgender and non-binary athletes can participate in sports in accordance with their gender identity.
(3)Different sports organizations have varying rules about hormone levels or transition processes that athletes may need to meet to compete.
Economics in sports
(1)Major sporting events can boost local economies by attracting tourism and creating jobs.
(2)legal disputes over contracts, labor negotiations, and fair competition.
(3)Sports generate income through ticket sales, sponsorships, merchandise, and broadcasting rights.
(4)The economics of sports influence how much athletes are paid, often based on market demand and team budgets.
(5)Teams and organizations must manage their finances, including expenses for facilities, staff, and operations
Sports and Politics
(1) Athletes may use their platforms to speak out on social and political issues, like racial equality or human rights
(2)governments can influence sports through funding, regulations, and policies, impacting how sports are run and who can participate.
(3)legal challenges regarding freedom of speech
(4)Political movements can lead to boycotts of events or protests during games, which can raise awareness but also create controversy
Freedom of religion
Right of athletes and coaches to practice their religion without interference or discrimination while participating in sports.
Vagueness defense
Challenge rules or regulations that are unclear or not specific enough.
(1)lack of clarity
Rule too vague for understanding
(2)fairness issue
Too vague = unfair penalties or enforcement
(3)legal challenge
The defense that this Vague rule is invalidated or not applied when in disputes
Substantive due process
Protects certain fundamental rights from government interference
-Individuals have basic rights like right to privacy, marriage, family
-Government needs a very good reason to limit or take away these rights
-laws and government actions are fair and reasonable, protects individuals from arbitrary actions
Academic eligibility requirements
The standards student must meet to participate in school sports or activities
GPA
Course Completion
Attendance
Progress
Federal and state disability discrimination claims
Federal
-ADA:prohibits discrimination against individuals with disabilities in all areas of public life, including sports.
-equal access:Organizations must provide equal opportunities and reasonable accommodations for athletes with disabilities
State
-state laws
-states have more specific rules about accommodations and equal treatment
Fifth-year student rule
Allowing student-athletes to extend their eligibility to compete in sports for an additional year
Extensions can be due to reasons like injury, academic challenges
There is eligibility regulations
Failure to exercise discretion
When officials, organizations, or governing bodies do not use their judgment appropriately in making decisions, leading to unfair treatment or outcomes for athletes or teams, often resulting in legal challenges.
Judicial reluctance
The tendency of courts to avoid intervening in disputes related to sports organizations' decisions or policies, often citing the need to respect the autonomy and expertise of governing bodies in managing their affairs.
“Outside competition” rules
when and how student-athletes can participate in sports events not organized by their school or college, often limiting participation to prevent conflicts with collegiate eligibility and maintain amateur status.
Judicial Deference
the principle where courts show respect and allow the decisions of sports governing bodies or organizations to stand, recognizing their expertise and authority in managing their affairs. This approach limits judicial intervention in disputes unless there are clear violations of law or rights, promoting the autonomy of these organization
Good conduct rules
regulations established by organizations or leagues to promote ethical behavior and sportsmanship among athletes, coaches, and officials. These rules often outline expectations for behavior, including respect for opponents, compliance with game regulations, and maintaining a positive environment, with penalties for violations to ensure accountability.
Age rules
regulations that establish age limits for participation in various sports and competitions. These rules are designed to ensure fair competition and safety
Transfer rules
The conditions under which student-athletes can move from one school or team to another, often requiring notification, adherence to waiting periods, and sometimes the need for approval from both the current and new institutions.
Parents free speech rights
The ability of parents to express their opinions about their children's sports participation and related issues, balanced against schools' rights to maintain order and discipline in athletic programs.
Student free speech
The rights of student-athletes to express their opinions and beliefs, particularly in relation to social and political issues, while participating in school sports, balanced against schools' interests in maintaining order and discipline.
Procedural due process issues
Ensuring fair procedures when athletes face disciplinary actions or eligibility decisions, requiring that they receive notice of charges, an opportunity to be heard, and a fair hearing before penalties are imposed.
Equal protection issue/clause
The legal principle that prohibits discrimination based on characteristics such as race, gender, or disability in athletic programs, ensuring all athletes have equal access to opportunities and treatment under the law.
14th amendment:
Protects citizens' rights and promotes equality and fair treatment under the law.
1st amendment:
Guarantees freedom of expression by prohibiting congress from restricting the rights of individuals to speak freely.
Brentwood II
The court upheld the enforcement of rules regarding recruiting in high school sports, emphasizing the importance of maintaining fair competition and the integrity of high school athletics
Brentwood I
Public high schools can be held liable for the actions of their athletic associations, especially regarding rules that may infringe on students' rights, such as due process and equal protection under the law
AAU
Nonprofit multisport organizations dedicated to the promotion and development of grassroots amateur sports and physical fitness programs in 41 sports.
NFHS
The governing body that sets rules and standards for high school sports and activities in the United States.
NCAA
-Over 1k private and public colleges and universities organized into 3 visions based on the nature of their intercollegiate athletic programs
-D1, D2, D3
NAIA
250 colleges and universities, divided into 2 divisions and conducts numerous national championships
NCCAA
Over 100 members divided into two divisions, established to provide competitions as an integral component of education, evangelism, and encouragement.
USCAA
80 schools and 2 divisions organized for the purpose of holding national championships in a number of sports for very small colleges
NJCAA
More than 500 junior and community colleges throughout 24 regions in the US that sponsor men and women intercollegiate athletics teams, compete for national championships in 3 divisions based on levels of competitiveness.
Contractual aspects
Legal agreements that govern the relationships and obligations between parties in the sports industry, from players to sponsors.
Player Contracts: Agreements between athletes and teams outlining salaries, performance expectations, and terms of employment.
Sponsorship Agreements: Contracts between brands and sports organizations or athletes for endorsements and promotional activities.
Broadcasting Rights: Agreements that grant networks the rights to air games and events, often involving significant financial negotiations.
Collective Bargaining Agreements: Contracts between sports leagues and player unions that outline working conditions, salaries, and benefits for players.
Termination Clauses: Terms in contracts that specify conditions under which agreements can be ended, including breach of contract or performance issues.
Dispute Resolution: Provisions that outline how disputes will be resolved, such as through arbitration or mediation.
NLI - national letter of intent
A binding agreement between a high school athlete and a college that commits the athlete to attend the college in exchange for a scholarship, outlining the terms of the scholarship and the athlete's commitment to the institution.
Sherman antitrust act
A federal law that prohibits anti-competitive practices, such as monopolies and price-fixing, ensures fair competition among sports leagues and organizations and protects the rights of consumers and athletes.
Negligence
The failure to exercise reasonable care, leading to injury or harm to athletes, spectators, or others, typically involving claims against coaches, organizations, or facility owners for not ensuring safety or proper conduct.
Disclosure laws
Transparency and the sharing of relevant information, such as financial details and health risks, ensuring that athletes, parents, and stakeholders are informed about contracts, policies, and potential dangers in sports programs.
Student-athlete stipends
Additional financial support provided to college athletes beyond scholarships, intended to cover living expenses and promote equity among athletes, particularly in revenue-generating sports.
Implied contract terms
Unspoken or unwritten provisions that are understood to be part of an agreement based on the nature of the relationship or the circumstances surrounding it.
Good Faith: The expectation that parties will act honestly and fairly in fulfilling their obligations.
Reasonable Performance: An assumption that parties will perform their duties in a competent and timely manner.
Oral promises
verbal commitments made between parties that may or may not be legally binding. In sports law, these can involve agreements between athletes, coaches, and teams regarding scholarships, contracts, or recruitment. While oral promises can create expectations, they may lack enforceability without written documentation, making them vulnerable to disputes over terms and conditions.
Promissory estoppel
prevents a party from going back on a promise when another party has relied on that promise to their detriment. In sports law, it can be invoked in situations like verbal commitments from coaches or agreements between athletes and teams, ensuring that reliance on those promises is enforceable even if a formal contract is not in place.
Statutory exclusion
specific laws or statutes that explicitly exclude certain individuals or groups from participating in particular activities or receiving certain benefits, often seen in sports law regarding eligibility rules for athletes based on age, gender, or amateur status. This can affect access to competitions, scholarships, or other opportunities within the sports framework.
Judicial characterization
How courts define and interpret specific legal issues, rights, or relationships within the context of sports. This characterization influences the application of laws and precedents in cases involving contracts, negligence, discrimination, or other legal matters in the sports industry
Institutional payment of medical expenses
The responsibility of schools or sports organizations to cover the medical costs of student-athletes who are injured during practice or competition. This ensures that athletes receive necessary medical care without financial burden, promoting their health and well-being.
NCAA insurance programs
Provide coverage for student-athletes, protecting them against potential medical expenses and loss of income due to injuries sustained while participating in college sports. These programs include options like catastrophic injury insurance and coverage for athletic scholarships, ensuring financial support in case of severe injuries.
Religious liberty issues
The rights of athletes and coaches to practice and express their religious beliefs within sports settings, often balancing these rights against team rules, organizational policies, and the need for inclusivity.
Scope of responsibility
The extent of legal duties and obligations that individuals or organizations have in relation to athletes, events, and operations. This includes ensuring safety, adhering to rules, and fulfilling contractual obligations, which can vary based on roles such as coaches, administrators, or facility owners.
Institutional governance
The frameworks and regulations that guide the management and decision-making processes of sports organizations and institutions, ensuring compliance with legal standards and promoting fair competition and ethical practices.
Nonpermissible student athlete benefits
Rewards or perks that college athletes are not allowed to receive under NCAA rules or other governing bodies.
Aims to maintain fairness.
Consequences of penalties may be applied
Infractions program
A system used by governing bodies, like the NCAA, to handle violations of rules and regulations by schools or athletes.
Fourth amendment
Protects people from unreasonable searches and seizures by the government
Head coach restrictions
Rules and regulations limiting what head coaches can do in their roles.
Contract terms: responsibilities, compensation, actions that can lead to termination
Recruiting rules
Behavior standards: coaches must adhere to codes of conduct that prohibit abusive behavior, cheating, breaking league rules
Limitations on activities :practices, game strategies, interaction w players
Denial of due course of law:
A person is unfairly deprived of their legal rights or the legal process they are entitled to.
Liquidated damages
Specific amount of money agreed upon in a contract that one party will pay to other if they breach the contract
(1)Predetermined amount: amount set in advance, both parties know the penalty if a breach occurs
(2)purpose: clear and fair compensations for potential losses caused by the breach
(3)enforceability: liquidated damages must be reasonable and not excessive high – they may be seen as a penalty and not enforceable instead
Termination for abusive conduct
Firing an employee for behaving inappropriately or unprofessional
Evidence must be provided
Ex:harassment, bullying, intimidating, or hostile behavior
Termination for “cause” defined
Ending an employment contract due to an employee’s serious misconduct or failure to meet job expectations.
Illegal discrimination claims
Someone is treated unfairly based on certain protected characteristics
Negligent misrepresentation
Someone provides false information without intending to deceive, fails to take reasonable care in ensuring the information is accurate.
Tort liability
Legal responsibility one party has for causing harm or injury to another through wrongful actions.
Tort: a civil wrong, like negligence, fraud, defamation that causes harm to someone
Intentional vs. negligent torts:
Intentional is like assault
Negligent is like a car accident caused by careless driving
The law of sovereign immunity:
Protects governments from being sued without consent.
(1)government protection: government cannot be held liable in court for actions taken in its official capacity
(2)exceptions: government waives its immunity or tort claims under specific statutes
(3)purpose: ensure that governments can perform their functions without fear of constant lawsuits
The common law doctrine of sovereign immunity:
Government cannot be sued unless they agree to it.
Termination and breach
Issues in contracts, including coaching contracts
(1)termination: when a contract ends, can be due to a completion of contract, mutual agreement, one party ending it early
(2)breach: one party fails to fulfill their obligations under the contract
Compensation issues
Challenges related to how athletes and staff are paid.
-player salaries
-contract negotiations
-injury compensation
-amateur athletes
-gender pay equity
-bonuses
-endorsements
-retirement benefits
Coaching contracts
Agreement between a sports coach and team or organization outlining terms of employment.
Antitrust law
Promotes fair competition and prevents unfair business practices that could harm consumers.
Aims to ensure no single company or group can dominate a market, helps protect consumers by keeping prices fair and encouraging innovation.
Trademark infringement:
The unauthorized use of a trademark or service mark.
The Lanham Act:
Defines a trademark as a word, symbol, name, or device that distinguishes a product or service from others. Trademarks also include a product's overall appearance or packaging.
Anticybersquatting consumer protection act of 1999:
Protects trademarks and services from cybersquatting or deliberate, bad faith and abusive registration of distinctive marks with the intent to profit from the marks goodwill.
Collective licensing of league clubs’ trademarks:
Sports leagues like the NFL, NBA, Premier League manage and license the trademarks of its member clubs collectively.
Primacy of the first amendment:
The freedom of speech, press, assembly, and religion, and right to petition the government.
Trademark dilution revision act of 2006:
Dilution occurs when a mark’s distinctiveness or reputation is harmed by others' use of a similar mark. 2 dilutions: dilution of blurring(the distinctiveness of a famous mark is weakened by the use of a similar mark) and dilution by tarnishment (famous marks reputation is harmed by association with an inferior or unflattering product or service.)
Ambush marketing
Brands use this strategy to associate themselves with an event without having official sponsorship or endorsement.
Direct ambush: direct association with the event, like advertising during the event or near the venue.
Indirect ambush: relies on creating a connection through thematic campaigns or promotions that resonate with the vent without explicit references.
Nature and scope of copyright law protection
Copyright law does not protect ideas, procedures, systems, or methods of operation.
Copyright protects the creation of work, registration is not required.
Copyright holders have exclusive rights to create derivative works, perform or display the work publicly, distribute copies, and reproduce the work.
Second circuit:
-Appellate jurisdiction over federal cases
-Based in NYC, consists of panel judges
-Influential rulings, particularly commercial law, securities regulation and constitutional issues.
-Parties dissatisfied with a district court's decision can appeal to the second circuit to affirm, reverse, or remand
Federal copyright act of 1976:
Protects “original works of authorship fixed in any tangible medium of expression”
Grants a copyright owner the exclusive right to use and authorize others to use the work in 5 statutorily defined ways.
Facts v. expression
Fats require evidence for verification, expressions are based on personal viewpoints
Misstating facts can lead to legal liability, expressing opinions is generally shielded, promoting open discourse.
→ defamation and free speech
Copyrights act of 1976
Automatic copyright protection for original works of authorship as soon as they are fixed in a tangible medium. This includes literary, musical, dramatic, and artistic works
Defamation
“to create liability for defamation there must be (a) a false and defamatory statement concerning another (b) an unprivileged communication to a third party © fault amounting at least to negligence on the part of the publisher and (d) either actionability of the statement irrespective of special harm or the existence of special harm caused by the publication.”
Right of privacy
-Distinct tort protecting a person’s right to privacy existed at common law
(1)protection against intrusion into one’s private affairs (2) avoidance of disclosure of one’s embarrassing private facts (3) protecting against publicity placing one in a false light in the public eye (4)remedies for appropriation, usually for commercial advantage of one’s name or likeness
Right of publicity:
Individuals have control over the commercial use of their identity, like name, image, likeness, and other personal attributes.
First-sale doctrine
Within copyright law, allows the owner of a copyright work to resell or distribute that copy without needing permission from the copyright holder.
1st amendment limitations
Obscenity, Defamation, Incitement to Violence, Fighting words, commercial speech, national security, hate speech that incites violence or harassment, school speech if deemed disruptive by schools, religion.
The reading of the citation
Example: 531 U.S. 288 (2001)
→Volume number 531
→ Page 288
→ Year 2001