Summer 2008 Sports Law Syllabus
May 19, 2008
CHAPTER 1. CONTRACTS
Section 1: Contract Formation
A. Introduction
B. Offer and Acceptance
LOS ANGELES RAMS FOOTBALL CLUB v. CANNON
C. Role of the Commissioner
DETROIT FOOTBALL CO. v. ROBINSON
D. The Commissioner's Power to Discipline
ATLANTA NATIONAL LEAGUE BASEBALL CLUB, INC. v. KUHN
E. Interpretation of Sports Contracts
SAMPLE v. GOTHAM FOOTBALL CLUB, INC.
F. Note on The Plain Meaning Rule
TOLLEFSON v. GREEN BAY PACKERS, INC.
May 22, 2008
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
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
BOSTON CELTICS L.P. v. SHAW
May 28, 2008
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
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)
June 2, 2008
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
Section 3: Player Restraints
MACKEY v. NATIONAL FOOTBALL LEAGUE
Section 4: Player Discipline
A. Introduction
MOLINAS v. NATIONAL BASKETBALL ASSOCIATION
BLALOCK v. LADIES PROFESSIONAL GOLF ASSOCIATION
June 4, 2008
Section 5: Location and Ownership of Franchises
NORTH AMERICAN SOCCER LEAGUE v. NATIONAL FOOTBALL LEAGUE
LOS ANGELES MEMORIAL COLISEUM COMMISSION v. NATIONAL FOOTBALL LEAGUE (first case) (1984)
NBA v. SDC BASKETBALL CLUB, INC.
June 9, 2008
Exam #1 (Through Chapter 3)
June 8, 2008
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
NATIONAL LABOR RELATIONS BOARD v. TRANSPORTATION MANAGEMENT CORP.
Section 4: The Duty to Bargain
A. The Appropriate Bargaining Unit
NORTH AMERICAN SOCCER LEAGUE v. NATIONAL LABOR RELATIONS BOARD
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
June 11, 2008
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.
Section 2: The Labor Exemption Doctrine in Professional Sports
MACKEY v. NATIONAL FOOTBALL LEAGUE
WOOD v. NATIONAL BASKETBALL ASSOCIATION
CLARETT V. NFL (not in text)
June 16, 2008
Section 3: The Duration of the Exemption
BRIDGEMAN v. NATIONAL BASKETBALL ASSOCIATION
POWELL v. NATIONAL FOOTBALL LEAGUE
BROWN v. PRO FOOTBALL, INC.
CHAPTER 6. AMATEUR ATHLETICS
Section 1: Amateur Status - The Right to Play
June 18, 2008
BRIAN R. OLDFIELD v. THE ATHLETIC CONGRESS
OKLAHOMA SECONDARY SCHOOL ACTIVITIES ASSOCIATION v. MIDGET
CALIFORNIA STATE UNIVERSITY , HAYWARD v. NCAA
Section 2: Amateurism and the Constitution
NATIONAL COLLEGIATE ATHLETIC ASSOCIATION v. TARKANIAN
BRAND v. SHELDON COMMUNITY SCHOOL
June 23, 2008
Section 3: The Great Gender Debate
COHEN v. BROWN UNIVERSITY (and related cases)
June 25, 2008
CHAPTER 7. AGENTS
Section 1: The Agency Relations: Rights and Duties of Principals and Agents
ZINN v. PARRISH
BROWN v. WOOLF
June 30, 2008
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.
July 7, 2008
Negotiation Projects Due
Negotiation Presentations
Review
July 9, 2008
Guest Speaker
July 14, 2008
Final Exam
Grading Policy
Participation and Attendance: 33%
Exam #1: 33%
Exam #2: 33%
