Fall 2004 Sports Law Syllabus

 

August 26, 2004

CHAPTER 1. CONTRACTS

Section 1: Contract Formation

A. Introduction
B. Offer and Acceptance

LOS ANGELES RAMS FOOTBALL CLUB v. CANNON

C. Interpretation of Sports Contracts

SAMPLE v. GOTHAM FOOTBALL CLUB, INC.

D. Note on The Plain Meaning Rule

TOLLEFSON v. GREEN BAY PACKERS, INC.

August 31, 2004

Section 2: Power of Termination in Professional Sports Contracts: Rights of Franchises and Participants

A. The Right of Sports Franchises to Terminate Player Contracts
B. Injured Players

TILLMAN v. NEW ORLEANS SAINTS FOOTBALL CLUB

C. Questions and Notes on Sports Franchise Termination of Player Contracts

HOUSTON OILERS, INC. v. FLOYD
SCHULTZ v. LOS ANGELES DONS, INC.

D. The Right of Players to Terminate Their Contract

AMERICAN AND NATIONAL LEAGUES OF PROFESSIONAL BASEBALL CLUBS v. MAJOR LEAGUE PLAYER ASS'N
Notes on "Catfish" Hunter Case
ALABAMA FOOTBALL INC. v. GREENWOOD

September 7, 2004

E. Notes on Players' Rights to Terminate Their Contracts
F. Bonus Money

ALABAMA FOOTBALL, INC. v. STABLER

G. No-Cut Contracts

Section 3: Remedies for Breach of Contract

A. Introduction
B. Nature of the Remedy
C. "It's Not Over Till the Fat Lady Sings"

PHILADELPHIA BALL CLUB, LTD. v. LAJOIE
CENTRAL NEW YORK BASKETBALL, INC. v. BARNETT
NASSAU SPORTS v. HAMPSON
BOSTON CELTICS L.P. v. SHAW

September 9, 2004

D. Effect of Unfairness on Power of Termination

AMERICAN LEAGUE BASEBALL CLUB OF CHICAGO v. CHASE
MINNESOTA MUSKIES, INC. v. HUDSON
WASHINGTON CAPITOLS BASKETBALL CLUB, INC. v. BARRY

CHAPTER 2. TORT LIABILITY FOR INJURIES ARISING OUT OF PARTICIPATION IN SPORTS EVENTS

Section 1: Participant's Liability For Intentional Torts

A. Introduction
B. Assault and Battery

Restatement (Second) of Torts §§ 18, 21
GRIGGAS v. CLAUSON
MANNING v. GRIMSLEY

C. Defenses to Intentional Torts

Restatement (Second) of Torts § 63
Restatement (Second) Torts § 65
McADAMS v. WINDHAM

September 14, 2004

Section 2: Negligence and Recklessness

A. Negligence

BOURQUE v. DUPLECHIN
NABOZNY v. BARNHILL
OSWALD v. TOWNSHIP HIGH SCHOOL DISTRICT NO. 214

B. Recklessness

HACKBART v. CINCINNATI BENGALS, INC. (1977)
HACKBART v. CINCINNATI BENGALS, INC. (1978)

Section 3: Vicarious Liability

AVERILL v. LUTTRELL

September 16, 2004

CHAPTER 3. ANTITRUST LAW

Section 1: The Baseball Anomaly

FEDERAL BASEBALL CLUB OF BALTIMORE, INC. v. NATIONAL LEAGUE OF PROFESSIONAL BASEBALL CLUBS
Note on Baseball's Exemption from the Antitrust Laws: Federal Baseball and its Progeny
FLOOD v. KUHN

Section 2: General Considerations

NCAA v. BOARD OF REGENTS OF THE UNIVERSITY OF OKLAHOMA

September 21, 2004

Section 3: Player Restraints

MACKEY v. NATIONAL FOOTBALL LEAGUE
SMITH v. PRO FOOTBALL, INC.

 

Section 3(a) The Latest Word on the Draft and Player Restraints

 

CLARETT v. NFL, 369 F.3d 124(2004) (not in textbook)

 

Section 4: Player Discipline

A. Introduction

MOLINAS v. NATIONAL BASKETBALL ASSOCIATION
BLALOCK v. LADIES PROFESSIONAL GOLF ASSOCIATION

Section 5: Location and Ownership of Franchises

NORTH AMERICAN SOCCER LEAGUE v. NATIONAL FOOTBALL LEAGUE

September 23, 2004

LOS ANGELES MEMORIAL COLISEUM COMMISSION v. NATIONAL FOOTBALL LEAGUE (1984)
LOS ANGELES MEMORIAL COLISEUM COMMISSION v. NATIONAL FOOTBALL LEAGUE (1986)
NBA v. SDC BASKETBALL CLUB, INC.

Section 6: Monopolization

A. Introduction

AMERICAN FOOTBALL LEAGUE v. NATIONAL FOOTBALL LEAGUE
UNITED STATES FOOTBALL LEAGUE v. NATIONAL FOOTBALL LEAGUE

September 28, 2004

Section 7: Agents and the League

FIVE SMITHS, INC. v. NFL PLAYERS ASSN.

CHAPTER 4. LABOR LAW AND PROFESSIONAL SPORTS

Section 1: The NLRA

A. Coverage of the NLRA

AMERICAN LEAGUE OF PROFESSIONAL BASEBALL CLUBS AND ASSOCIATION OF NATIONAL BASEBALL LEAGUE UMPIRES

Section 2: Section 8(a)(1) - Interference, Restraint and Coercion
Section 3: Section 8(a)(3) - Discrimination on the Basis of Union Activity or Membership

Section 4: The Duty to Bargain

A. The Appropriate Bargaining Unit

NORTH AMERICAN SOCCER LEAGUE v. NATIONAL LABOR RELATIONS BOARD

Review for first exam.

 

September 30, 2004 - Exam Study Day

October 5, 2004 Exam

 

 

October 7, 2004

CHAPTER 7. AGENTS

Section 1: The Agency Relations: Rights and Duties of Principals and Agents

ZINN v. PARRISH
BROWN v. WOOLF
DETROIT LIONS, INC. AND BILLY SIMS v. JERRY A. ARGOVITZ
WALTERS v. FULLWOOD

October 12, 2004

 

B. The Principle of Exclusivity and the Duty to Bargain

MORIO v. NORTH AMERICAN SOCCER LEAGUE

Section 5: The Subject Matter of Collective Bargaining

NATIONAL FOOTBALL LEAGUE PLAYERS ASSOCIATION v. NATIONAL LABOR RELATIONS BOARD

CHAPTER 5. THE LABOR EXEMPTION TO THE ANTITRUST LAWS

Section 1: Overview of the Labor Exemption

ALLEN BRADLEY CO. v. LOCAL UNION NO. 3, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
LOCAL UNION NO. 189, AMALGAMATED MEAT CUTTERS, AND BUTCHER WORKMEN OF NORTH AMERICA , AFL-CIO v. JEWEL TEA COMPANY, INC.

October 14, 2004

Section 1 continued:

UNITED MINE WORKERS OF AMERICA v. PENNINGTON

Section 2: The Labor Exemption Doctrine in Professional Sports

MACKEY v. NATIONAL FOOTBALL LEAGUE
DALE McCOURT v. CALIFORNIA SPORTS, INC.
REYNOLDS v. NFL
WOOD v. NATIONAL BASKETBALL ASSOCIATION

October 19, 2004

Section 3: The Duration of the Exemption

BRIDGEMAN v. NATIONAL BASKETBALL ASSOCIATION
POWELL v. NATIONAL FOOTBALL LEAGUE
BROWN v. PRO FOOTBALL, INC.

October 21, 2004

CHAPTER 6. AMATEUR ATHLETICS

Section 1: Amateur Status - The Right to Play

BRIAN R. OLDFIELD v. THE ATHLETIC CONGRESS
OKLAHOMA SECONDARY SCHOOL ACTIVITIES ASSOCIATION v. MIDGET
CALIFORNIA STATE UNIVERSITY , HAYWARD v. NCAA

Section 1(a): The Latest Look at Player Eligibility

BLOOM V. NCAA, 2004 WL 964322 (not in textbook)

October 26, 2004

Section 2: Amateurism and the Constitution

NATIONAL COLLEGIATE ATHLETIC ASSOCIATION v. TARKANIAN
LOUISIANA HIGH SCHOOL ATHLETIC ASSOCIATION v. ST. AUGUSTINE HIGH SCHOOL
BRAND v. SHELDON COMMUNITY SCHOOL

October 28, 2004

Section 3: The Great Gender Debate

COHEN v. BROWN UNIVERSITY
KAREN BLAIR et al. v. WASHINGTON STATE UNIVERSITY
YELLOW SPRINGS EXEMPTED VILLAGE SCHOOL DISTRICT BOARD OF EDUCATION v. OHIO HIGH SCHOOL ATHLETIC ASSOCIATION

November 2, 2004

CHAPTER 8. INTELLECTUAL PROPERTY IN SPORTS

Section 1: What is Intellectual Property?
Section 2: Patent Law

A. Introduction to Substantive Patent Law

The Patent Act

B. Examining the Basic Requirements

UNIVERSAL ATHLETIC SALES CO. v. AMERICAN GYM CORP. (1975) (UNIVERSAL ATHLETIC SALES CO. I)
UNIVERSAL ATHLETIC SALES CO. v. AMERICAN GYM CORP. (1976) (UNIVERSAL ATHLETIC SALES CO. II)

C. Focusing on Prior Art

BADALAMENTI v. DUNHAM'S, INC

November 4, 2004

D. A Closer Look at Infringement

WILSON SPORTING GOODS CO. v. DUNLOP SPORTS

E. Patent Practice

Section 3: Copyright Law

A. Introduction to Substantive Copyright Law

The Copyright Act
MULLER & CO., INC. v. N.Y. ARROWS SOCCER TEAM

B. The Player/Owner Dispute

BALTIMORE ORIOLES v. MAJOR LEAGUE BASEBALL PLAYERS' ASSOC.

C. The Mass Media Dimension

CHICAGO PROFESSIONAL SPORTS L.P. and WGN v. NBA
CABLEVISION OF MICHIGAN, INC. v. SPORTS PALACE, INC.

 

November 9, 2004

Section 4: Trademark Law

A. Introduction to the Substantive Law of Trademarks

The Trademark Act

B. A Look at the Fundamentals

NFL PROPERTIES v. N.J. GIANTS

C. The Traditional Personal Application

PIRONE v. MacMILLAN, INC.

D. The Broader Concept of Unfair Competition
E. Protection of Sports Procedures

UNITED STATES GOLF ASSOC. v. ST. ANDREWS SYSTEMS

November 11, 2004

F. Developing a Right of Publicity

SPAHN v. JULIAN MESSNER, INC.
HAELAN LABORATORIES v. TOPPS CHEWING GUM
CARDTOONS v. MAJOR LEAGUE BASEBALL PLAYERS' ASSN.

G. Does Cardtoons Have a "Parody" Defense?

HIRSCH v. S.C. JOHNSON & SON, INC.

November 16, 2004 and November 18

Negotiating (materials to be distributed)

November 23, 2004

Final Review or Make-up Day

November 30, 2004

Make-Up Day or Study Day

 

Grading

 

25% Midterm

25% Participation and Attendance

50% Final Exam