August 26, 2013
CHAPTER 1. CONTRACTS
Section 1: Contract Formation
- Introduction
- Offer and Acceptance
LOS ANGELES RAMS FOOTBALL CLUB v. CANNON - Interpretation of Sports Contracts
SAMPLE v. GOTHAM FOOTBALL CLUB, INC. - Note on The Plain Meaning Rule
TOLLEFSON v. GREEN BAY PACKERS, INC.
August 31, 2013
Section 2: Power of Termination in Professional Sports Contracts: Rights of Franchises and Participants
- The Right of Sports Franchises to Terminate Player Contracts
- Injured Players
TILLMAN v. NEW ORLEANS SAINTS FOOTBALL CLUB - Questions and Notes on Sports Franchise Termination of Player Contracts
HOUSTON OILERS, INC. v. FLOYD
SCHULTZ v. LOS ANGELES DONS, INC. - 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, 2013
- Notes on Players’ Rights to Terminate Their Contracts
- Bonus Money
ALABAMA FOOTBALL, INC. v. STABLER - No-Cut Contracts
Section 3: Remedies for Breach of Contract
-
- Introduction
- Nature of the Remedy
- “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, 2013
- 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
- Introduction
- Assault and Battery
Restatement (Second) of Torts §§ 18, 21
GRIGGAS v. CLAUSON
MANNING v. GRIMSLEY - Defenses to Intentional Torts
Restatement (Second) of Torts § 63
Restatement (Second) Torts § 65
McADAMS v. WINDHAM
September 14, 2013
Section 2: Negligence and Recklessness
- Negligence
BOURQUE v. DUPLECHIN
NABOZNY v. BARNHILL
OSWALD v. TOWNSHIP HIGH SCHOOL DISTRICT NO. 214 - Recklessness
HACKBART v. CINCINNATI BENGALS, INC. (1977)
HACKBART v. CINCINNATI BENGALS, INC. (1978)
Section 3: Vicarious Liability
AVERILL v. LUTTRELL
September 16, 2013
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, 2013
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(2013) (not in textbook)
Section 4: Player Discipline
- 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, 2013
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
- Introduction
AMERICAN FOOTBALL LEAGUE v. NATIONAL FOOTBALL LEAGUE
UNITED STATES FOOTBALL LEAGUE v. NATIONAL FOOTBALL LEAGUE
September 28, 2013
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, 2013 – Exam Study Day
October 5, 2013 ExamOctober 7, 2013
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, 2013
- 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, 2013
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, 2013
Section 3: The Duration of the Exemption
BRIDGEMAN v. NATIONAL BASKETBALL ASSOCIATION
POWELL v. NATIONAL FOOTBALL LEAGUE
BROWN v. PRO FOOTBALL, INC.
October 21, 2013
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, 2013 WL 964322 (not in textbook)
October 26, 2013
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, 2013
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, 2013
CHAPTER 8. INTELLECTUAL PROPERTY IN SPORTS
Section 1: What is Intellectual Property?
Section 2: Patent Law
- Introduction to Substantive Patent Law
The Patent Act - 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) - Focusing on Prior Art
BADALAMENTI v. DUNHAM’S, INC
November 4, 2013< /strong>
- A Closer Look at Infringement
WILSON SPORTING GOODS CO. v. DUNLOP SPORTS - Patent Practice
Section 3: Copyright Law
- Introduction to Substantive Copyright Law
The Copyright Act
MULLER & CO., INC. v. N.Y. ARROWS SOCCER TEAM - The Player/Owner Dispute
BALTIMORE ORIOLES v. MAJOR LEAGUE BASEBALL PLAYERS’ ASSOC. - The Mass Media Dimension
CHICAGO PROFESSIONAL SPORTS L.P. and WGN v. NBA
CABLEVISION OF MICHIGAN, INC. v. SPORTS PALACE, INC.
November 9, 2013
Section 4: Trademark Law
- Introduction to the Substantive Law of Trademarks
The Trademark Act - A Look at the Fundamentals
NFL PROPERTIES v. N.J. GIANTS - The Traditional Personal Application
PIRONE v. MacMILLAN, INC. - The Broader Concept of Unfair Competition
- Protection of Sports Procedures
UNITED STATES GOLF ASSOC. v. ST. ANDREWS SYSTEMS
November 11, 2013
- Developing a Right of Publicity
SPAHN v. JULIAN MESSNER, INC.
HAELAN LABORATORIES v. TOPPS CHEWING GUM
CARDTOONS v. MAJOR LEAGUE BASEBALL PLAYERS’ ASSN. - Does Cardtoons Have a “Parody” Defense?
HIRSCH v. S.C. JOHNSON & SON, INC.
November 16, 2013 and November 18
Negotiating (materials to be distributed)
November 23, 2013
Final Review or Make-up Day
November 30, 2013
Make-Up Day or Study Day
Grading
25% Midterm
25% Participation and Attendance
50% Final Exam