Fall 2013 Sports Law Syllabus

August 26, 2013

CHAPTER 1. CONTRACTS

Section 1: Contract Formation

1. Introduction
2. Offer and Acceptance
   LOS ANGELES RAMS FOOTBALL CLUB v. CANNON
3. Interpretation of Sports Contracts
   SAMPLE v. GOTHAM FOOTBALL CLUB, INC.
4. 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

1. The Right of Sports Franchises to Terminate Player Contracts
2. Injured Players
   TILLMAN v. NEW ORLEANS SAINTS FOOTBALL CLUB
3. Questions and Notes on Sports Franchise Termination of Player Contracts
   HOUSTON OILERS, INC. v. FLOYD
   SCHULTZ v. LOS ANGELES DONS, INC.
4. 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

5. Notes on Players’ Rights to Terminate Their Contracts
6. Bonus Money
   ALABAMA FOOTBALL, INC. v. STABLER
7. No-Cut Contracts

Section 3: Remedies for Breach of Contract

1. 1. Introduction
   2. Nature of the Remedy
   3. “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

4. 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

1. Introduction
2. Assault and Battery
   Restatement (Second) of Torts §§ 18, 21
   GRIGGAS v. CLAUSON
   MANNING v. GRIMSLEY
3. Defenses to Intentional Torts
   Restatement (Second) of Torts § 63
   Restatement (Second) Torts § 65
   McADAMS v. WINDHAM

September 14, 2013

Section 2: Negligence and Recklessness

1. Negligence
   BOURQUE v. DUPLECHIN
   NABOZNY v. BARNHILL
   OSWALD v. TOWNSHIP HIGH SCHOOL DISTRICT NO. 214
2. 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

1. 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

1. 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

2. 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

1. Introduction to Substantive Patent Law
   The Patent Act
2. 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)
3. Focusing on Prior Art
   BADALAMENTI v. DUNHAM’S, INC

November 4, 2013< /strong>

4. A Closer Look at Infringement
   WILSON SPORTING GOODS CO. v. DUNLOP SPORTS
5. Patent Practice

Section 3: Copyright Law

1. Introduction to Substantive Copyright Law
   The Copyright Act
   MULLER & CO., INC. v. N.Y. ARROWS SOCCER TEAM
2. The Player/Owner Dispute
   BALTIMORE ORIOLES v. MAJOR LEAGUE BASEBALL PLAYERS’ ASSOC.
3. 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

1. Introduction to the Substantive Law of Trademarks
   The Trademark Act
2. A Look at the Fundamentals
   NFL PROPERTIES v. N.J. GIANTS
3. The Traditional Personal Application
   PIRONE v. MacMILLAN, INC.
4. The Broader Concept of Unfair Competition
5. Protection of Sports Procedures
   UNITED STATES GOLF ASSOC. v. ST. ANDREWS SYSTEMS

November 11, 2013

6. Developing a Right of Publicity
   SPAHN v. JULIAN MESSNER, INC.
   HAELAN LABORATORIES v. TOPPS CHEWING GUM
   CARDTOONS v. MAJOR LEAGUE BASEBALL PLAYERS’ ASSN.
7. 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